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Dáil Éireann debate -
Tuesday, 6 Mar 2012

Vol. 758 No. 1

Written Answers

The following are questions tabled by Members for written response and the ministerial replies as received on the day from the Departments [unrevised].
Questions Nos. 1 to 14, inclusive, answered orally.
Questions Nos. 15 to 55, inclusive, resubmitted.
Questions Nos. 56 to 65, inclusive, answered orally.

Gaeltachtaí Nua

Caoimhghín Ó Caoláin

Question:

66 D’fhiafraigh Caoimhghín Ó Caoláin den Aire Ealaíon, Oidhreachta agus Gaeltachta cén obair atá déanta aige chun Gaeltachtaí nua a bhunú sa Ghalltacht. [12563/12]

Mar is eol don Teachta, tá plé déanta cheana féin inniu ar ábhar na Ceiste seo, i gcomhthéacs an fhreagra a thug mé ar Cheist Tosaíochta Uimh. 59. Faoi mar a chuir mé in iúl, tá sé i gceist faoin mBille nua Gaeltachta go mbeidh deis ag ceantair, lasmuigh de na ceantair thraidisiúnta Gaeltachta, aitheantas reachtúil a bhaint amach mar Ghréasáin Ghaeilge, faoi réir critéir phleanála teanga sonraithe a bheith comhlíonta acu. Mar atá ráite faoin Straitéis 20 Bliain don Ghaeilge 2010-2030, is ceantair iad na Gréasáin Ghaeilge seo a mbeidh a bhformhór i bpobail uirbeacha agus a mbeidh cnap criticiúil bunúsach tacaíochta pobail agus Stáit iontu don Ghaeilge.

Tá plé ar siúl faoi láthair idir fheidhmeannaigh mo Roinne agus feidhmeannaigh Fhoras na Gaeilge maidir leis na critéir phleanála teanga cuí a bheadh le comhlíonadh chun aitheantas reachtúil a bhaint amach mar Ghréasáin Ghaeilge. Tá sé i gceist freisin comhairle chuí a chur ar fáil do phobail a bhfuil spéis acu plean teanga a ullmhú chun aitheantas mar Ghréasáin Ghaeilge a bhaint amach.

Departmental Staff

Mary Lou McDonald

Question:

67 Deputy Mary Lou McDonald asked the Minister for Arts, Heritage and the Gaeltacht the number of staff that left his Department and agencies operating under the aegis of his Department in the grace period; the contingency plans in place to ensure continuation of service; and if he will make a statement on the matter. [12483/12]

As the Deputy will be aware my Department was established on 2nd June 2011. A total of 26 civil servants have left my Department between that date and the expiry of the grace period on 29th February 2012. In relation to the public servants employed in the bodies funded from my Department's Vote Group, I am advised that 70 public servants have left those bodies between 1st January 2010 and 29th February 2012.

In relation to the issue of contingency plans to ensure continuity of service, I can advise the Deputy that my Department, in consultation with the Department of Public Expenditure and Reform, has reviewed staffing arrangements and vacancies arising across my Department with a view to ensuring the continued effective delivery of priority and key services. In line with the Public Service Agreement 2010-2014, vacancies arising from recent staff retirements are being managed through effective use of redeployment, workforce planning and business process redesign.

It will, however, be necessary to fill a small number of posts in the heritage area over the coming months so that Ireland can continue to meet its EU commitments and obligations. In this regard, I am pleased to be able to advise the Deputy that the Minister for Public Expenditure and Reform has sanctioned an exemption from the moratorium to facilitate the filling of a number of these posts identified as being of particular importance.

Regarding bodies from my Department's Vote Group, arrangements are being made by local management, in line with the Public Service Agreement 2010-2014, to ensure continued delivery of services. These bodies are in ongoing liaison with my Department concerning the filling of specialist posts as they arise. In this regard, I can advise the Deputy that interim arrangements to ensure the filling of certain statutory posts, pending the development of firm proposals in relation to the merger of national cultural institutions, have been sanctioned by the Minister for Public Expenditure and Reform.

Question No. 68 answered with Question No. 63.

Arts Facilities

Michael Colreavy

Question:

69 Deputy Michael Colreavy asked the Minister for Arts, Heritage and the Gaeltacht the position regarding the progress that has been made to date in securing properties under the control of the National Asset Management Agency that might be suitable for use as local arts facilities; if he will list these properties; and if he will make a statement on the matter. [12482/12]

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

As the Deputy will be aware, NAMA was set up to acquire loans from certain financial institutions and it does not own property as such. Accordingly, there is no list of properties that could be made available for use as arts facilities. In most cases, the property securing these loans is under the control of the debtor and will remain so as long as the debtor continues to meet his obligations. In the case of certain debtors, NAMA has taken enforcement action and the property securing the loans is now under the control of receivers or other insolvency agents appointed by NAMA. Engagement is ongoing with NAMA in relation to assets of interest from a cultural perspective. The re-opening of the Lighthouse Cinema in Smithfield is a case in point.

Tourism Promotion

Sandra McLellan

Question:

70 Deputy Sandra McLellan asked the Minister for Arts, Heritage and the Gaeltacht the way the commitment in the programme for Government regarding the development of cultural tourism opportunities will be implemented; and if he will make a statement on the matter. [12479/12]

My Department and the institutions which it funds continue to work closely with the tourism agencies, at home and abroad, to promote cultural tourism. In that context, there are a number of standout initiatives, and a whole host of ongoing events of note, especially Culture Night. In 2011, it took place on September 23rd in a record 30 towns and cities throughout the island of Ireland, showcasing the best of our artistic and cultural heritage and facilities. It is estimated that upwards of 200,000 participated in the event in 2011, with over 150 cultural venues in Dublin alone welcoming visitors until late in the evening.

Arising from discussions at the Dublin Castle Global Irish Economic Forum on the most appropriate way to increase the impact and popularity of Culture Night for 2012 and beyond, it is proposed to designate St. Patrick's Day as the International Day of Irish Culture, thereby building on solid foundations already in place. Discussions are ongoing with all relevant stakeholders as to the exact format and scope of such an event, which will depend also on the amount of funding that is available. I also propose to deepen the engagement with Music Day, scheduled this year for 21st June, and create a further cultural pivot point at a key moment during the year. In that way, there will be three main national cultural focus points throughout the year — St. Patrick’s Day in spring, Music Day at midsummer, and Culture Night in the autumn.

The National Cultural Institutions and other cultural venues supported by my Department play a very significant role in Ireland's cultural tourism product. In 2011, there were over 3.6 million visitors to such institutions and venues. At the moment, they and the Arts Council are being activated to support both The Gathering and our upcoming EU Presidency Cultural programme.

Irish Heritage Trust

David Stanton

Question:

71 Deputy David Stanton asked the Minister for Arts, Heritage and the Gaeltacht, further to Parliamentary Question No. 63 of 31 January 2012, if the review of the Irish Heritage Trust has been finalised; and if he will make a statement on the matter. [12512/12]

David Stanton

Question:

82 Deputy David Stanton asked the Minister for Arts, Heritage and the Gaeltacht, further to Parliamentary Question No. 63 of 31 January 2012, when he expects to publish the review of the Irish Heritage Trust; and if he will make a statement on the matter. [12513/12]

I propose to take Questions Nos. 71 and 82 together.

As the Deputy will be aware from my previous related replies, my Department commenced a review of the operation of the Irish Heritage Trust last year, in accordance with a protocol agreed with the Trust in 2006. In this regard, my Department invited observations on an Issues Paper in relation to the operation of the Trust. Submissions in response to the Issues Paper were received from a cross-section of built heritage stakeholders, including State agencies, local authorities and non-governmental organisations. This input has proved very helpful in assisting my officials to shape the conclusions of the review and the recommendations for the way forward for the Trust.

Further to my previous replies, I am pleased to advise the Deputy that good progress has been made in advancing the review in consultation with the Trust and relevant stakeholders. An advanced draft final report on the outcome of the Review process has been discussed with the Trust and I expect to receive the finalised report before the end of the month, with a view to publication next month.

Film Industry Development

Sandra McLellan

Question:

72 Deputy Sandra McLellan asked the Minister for Arts, Heritage and the Gaeltacht the efforts he has made to protect the terms and conditions of employment in the Irish film industry for production and pre-production workers; if appropriate training and career development programmes are in place; and if he will make a statement on the matter. [12486/12]

Primary responsibility for training within the Irish film industry is carried out by Screen Training Ireland (STI). STI is part-funded by the Irish Film Board and provides continuing training and career development opportunities for professionals in the independent film and television sector. It works with industry professionals, both locally and internationally, to identify, design and deliver training for Irish professionals. Training programmes are offered to practitioners and companies to enhance their expertise in Film, Television, Animation and Digital Media to allow for the continued development and expansion of the sector.

Statutory responsibility for the protection of the terms of employment for workers in all sectors in the State is a matter for my colleague, the Minister for Jobs, Enterprise and Innovation, and I understand that there are a number of bodies under the auspices of his Department, such as the Right Commissioners Service of the Labour Relations Commission, that investigate grievances or disputes.

Heritage Sites

Willie O'Dea

Question:

73 Deputy Willie O’Dea asked the Minister for Arts, Heritage and the Gaeltacht if he will be holding public consultations before announcing any attempt to make Clonmacnoise, County Offaly, a world heritage site; and if he will make a statement on the matter. [12553/12]

My Department is currently reviewing the strategy for advancing nominations to the World Heritage List from the Tentative List. The potential nomination of Clonmacnoise is being considered within the context of the review, along with other properties on the Tentative List. No decisions have been made on future nominations and no actions have been taken in relation to progressing further the Clonmacnoise bid. Any site potentially proposed for nomination will involve consultation with all relevant stakeholders. It should be noted that the nomination of a property to the World Heritage List takes considerable time, commitment, and resources to prepare, and each property nominated is subject to detailed evaluation by UNESCO.

Census of Population

Aengus Ó Snodaigh

Question:

74 Deputy Aengus Ó Snodaigh asked the Minister for Arts, Heritage and the Gaeltacht the progress made on publishing the 1926 census; and if he will make a statement on the matter. [12481/12]

The Programme for Government contains a commitment to enabling the publication of the 1926 Census. This Census was the first undertaken by an independent State ten years after the Rising; four years after the Treaty was signed; and just three years after the Civil War. It is, therefore, an historic collection of great value and interest for historians and family researchers alike. I intend to bring a proposal to Government on enabling its publication in the coming weeks.

Foras na Gaeilge

Peadar Tóibín

Question:

75 D’fhiafraigh Peadar Tóibín den Aire Ealaíon, Oidhreachta agus Gaeltachta cén buiséad a bheidh ag Foras na Gaeilge sna blianta 2012, 2013 agus 2014. [12561/12]

Mar is eol don Teachta, is gníomhaireacht é Foras na Gaeilge den chomhlacht forfheidhmithe Thuaidh/Theas, An Foras Teanga. Dá réir sin, is tríd an Chomhairle Aireachta Thuaidh Theas a shocraítear na buiséid bhliantúla don Fhoras Teanga.

Pléadh cúrsaí buiséid don bhliain 2012 don Fhoras Teanga ag cruinniú den Chomhairle Aireachta a tionóladh in Inis Ceithleann ar 14 Feabhra. Socraíodh go dtabharfar na pleananna gnó agus na buiséid don bhliain 2012 os comhair chruinniú den Chomhairle Aireachta lena bhfaomhadh, tar éis dóibh a bheith aontaithe idir na Ranna Urraíochta agus faofa ag na Ranna Airgeadais.

Dá réir sin, táthar ag leanúint de chúrsaí buiséid a phlé idir oifigigh mo Roinne agus oifigigh na Roinne Cultúir, Ealaíon agus Fóillíochta ó thuaidh, i gcomhthéacs na gcistí airgeadais atá ar fáil sa dá dhlínse. Ag brath ar an dul chun cinn a dhéanfar, tá súil agam go mbeifear in ann moltaí a chur os comhair an chéad chruinniú eile den Chomhairle Aireachta Thuaidh/Theas i bhformáid rannach an Fhorais Teanga, a bheidh ar siúl an samhradh seo.

EU Programmes

Peadar Tóibín

Question:

76 Deputy Peadar Tóibín asked the Minister for Arts, Heritage and the Gaeltacht the EU culture programmes that are running at present; the location at which these projects are based and the categories; the numbers employed on these projects; the total amount of funding that has been secured from the EU for same; the projected amount of the €70 billion of funding that Ireland hopes to secure during the life of the programme; the reason there has been no information made available to interested community based groups regarding the creative economy programme. [11335/12]

The Deputy will appreciate that, at present, there are two EU programmes operating within the areas for which I have responsibility:

1. The Media Programme is the EU support programme for the European audiovisual industry and details are available at www.mediadeskireland.ie; and

2. The Culture Programme is the EU support programme for organisations working in the field of culture and details are available at www.ccp.ie.

The websites in question give a significant level of detail on the operation of the two programmes.

I am not aware of a fund of €70 billion of the nature referred to by the Deputy, either at EU level or elsewhere. There are, however, discussions currently underway between the Member States and the European Commission on a new framework programme for the cultural and creative sectors, for which a budget of some €1,800 million is mooted. This would run from 2014 to 2020 and be called the Creative Europe Programme. This is far from finalised and it will have to be considered in the context of the overall EU Budget. It includes a proposal to amalgamate the current Culture and MEDIA programmes under a common framework and to create an entirely new facility to improve access to finance.

Departmental Staff

Michael Moynihan

Question:

77 Deputy Michael Moynihan asked the Minister for Arts, Heritage and the Gaeltacht if the early retirement scheme will impact on the opening hours of the State’s cultural institutions; and if he will make a statement on the matter. [12548/12]

Whilst my Department provides funding to the National Cultural Institutions, the Board of each institution is responsible for all operational matters, including opening hours, and I do not have a statutory function in respect of such day-to-day matters. However, I am aware that opening hours is a matter which is kept routinely under review by all of the National Cultural Institutions and my Department will continue to actively promote and encourage public access to the collections held by our National Cultural Institutions to the greatest extent possible.

Tourism Promotion

Pádraig Mac Lochlainn

Question:

78 Deputy Pádraig Mac Lochlainn asked the Minister for Arts, Heritage and the Gaeltacht the efforts he made to promote Irish heritage and cultural tourism on the occasion of the recent visit to Ireland by the Vice President of China; and if he will make a statement on the matter. [12485/12]

The recent visit to Ireland of Vice President Xi Jinping provided a major boost to the profile of Irish culture and heritage in China, as well as strengthening our overall relationship with the People's Republic and with their most senior leadership. During his time in Ireland, Vice President Xi visited Bunratty Castle and Folk Park, and this focus on Ireland's historic heritage was continued and enhanced with his visit to the Cliffs of Moher. On the final evening of the visit, at Vice-President Xi's request, the Government organised a special performance of Riverdance, which took place in Dublin in honour of the Vice President and his delegation, building on the extraordinary success and impact that this show has generated in China over the last decade.

International coverage of the visit was extensive both in China and worldwide. The Xinhua News Agency covered the entire visit and reports appeared on Shanghai TV and Shanghai Oriental TV and in The Shanghai Daily, China Daily, Shanghai Morning Post, Beijing Daily, Can Kao Xiao Xi and the South China Morning Post. Positive reports by agencies such as Bloomberg, Reuters and AFP appeared elsewhere in the Straits Times, the Nikkei Shinbum, the Mainichi, the Asahi, the Financial Times Deutschland, the Frankfurter Allgemeine Zeitung, Les Echos, Canada's Globe and Mail, the Ottawa Citizen, the Vancouver Sun, the New York Times, the Wall Street Journal, The Times and the Financial Times. France 24 also covered the visit. Given this extensive coverage, I expect the benefit both to cultural and heritage tourism and to Ireland's cultural profile generally to be very significant.

Inland Waterways

Caoimhghín Ó Caoláin

Question:

79 Deputy Caoimhghín Ó Caoláin asked the Minister for Arts, Heritage and the Gaeltacht if he will provide an update on the Ulster Canal regeneration project; and if he will make a statement on the matter. [12489/12]

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

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

It was noted at the NSMC Plenary Meeting held in Armagh on 18 November 2011 that the Ulster Canal project is progressing incrementally. Planning applications were lodged by Waterways Ireland with Monaghan County Council, Clones Town Council and Cavan County Council on 25 October 2011 and with the Department of the Environment Planning Service Northern Ireland on 28 October 2011. I am informed that Cavan County Council has granted planning permission. Monaghan County Council and Clones Town Council have requested additional information. I am sure that the Deputy will agree that this is a significant milestone for the project.

I am continuing to explore all possible options to advance this project. In this regard, towards the end of last year, I met with senior officials of Monaghan County Council, Fermanagh District Council and Waterways Ireland to discuss approaches to setting up an inter-agency group that could examine ways in helping to advance the Ulster Canal project. Officials of my Department are currently finalising the terms of reference for the inter-agency group. I look forward to that work continuing in the period ahead.

Question No. 80 answered with Question No. 63.

Question No. 81 answered with Question No. 61.

Question No. 82 answered with Question No. 71.

Question No. 83 answered with Question No. 63.

Arts Plan

Dessie Ellis

Question:

84 Deputy Dessie Ellis asked the Minister for Arts, Heritage and the Gaeltacht the way he intends to maximise the potential of community arts projects as an important tool for social inclusion in areas of disadvantage; the contact he has had with other relevant parties in this regard; and if he will make a statement on the matter. [12484/12]

I wish to assure the Deputy that I am acutely aware of the beneficial effects of arts in the community, both from the aspect of individual participation and that of community involvement, as well as their potential for impact in addressing social inclusion issues. The Government's priorities for the arts are set out in the Programme for Government. Responsibility for the promotion of the arts at all levels throughout the country is devolved primarily to the Arts Council, as the principal agency through which State funding is channelled to the arts. The Council is a statutorily independent body, funded by my Department, and independent in its day-to-day operations, including in relation to its funding decisions.

I should also point out that over 80 projects received capital funding under the ACCESS and Arts Capital schemes operated by my Department. These projects — situated in the heart of communities — assist in local arts endeavours and I would urge communities to support and participate in the many and diverse range of activities offered by them throughout the State. Since taking office, I have engaged extensively with the arts community at local and national levels. Following dialogue with local arts officers, a pilot interactive strategy has been put in place, which, I believe, will lead to more co-ordination in arts and culture activities at community and at local level.

Art Collections

Charlie McConalogue

Question:

85 Deputy Charlie McConalogue asked the Minister for Arts, Heritage and the Gaeltacht if he has completed an inventory of art collections in the State’s possession, in respect of those owned by the State and those on loan to the State; if so, if he will indicate their worth to the State; and if he will make a statement on the matter. [12542/12]

Whilst my Department provides funding to the National Cultural Institutions, the Board of each Institution is responsible for all operational matters, including inventories, and I do not have a statutory function in respect of day-to-day operational matters.

Question No. 86 answered with Question No. 63.

Arts Plan

Gerry Adams

Question:

87 Deputy Gerry Adams asked the Minister for Arts, Heritage and the Gaeltacht the role he sees for the arts and the creative industry for economic and regional development and social innovation here; the role the EU has to play in same; and if he will make a statement on the matter. [12490/12]

Denis Naughten

Question:

91 Deputy Denis Naughten asked the Minister for Arts, Heritage and the Gaeltacht his plans to develop the creative sector of the economy; and if he will make a statement on the matter. [12192/12]

I propose to take Questions Nos. 87 and 91 together.

Positioned at the core of local, regional, urban and rural activities, the arts, creative and heritage-related sectors play a pivotal part in the economic life of communities across the country, including the vital area of employment. Employment in the arts sector embraces a diverse and broad extent of activities, encompassing those engaged in specific arts practice, as well associated wider elements. I believe strongly that cultural tourism can contribute in a significant way to the development of the economy and the creation of jobs. A 2011 study by Indecon showed that total employment in the wider arts sector, which includes film and video, museums and other cultural activities, literature and publishing, amounted to 21,300 and contributed €716m in Gross Value Added to the economy in 2010.

There are currently two EU programmes operating within the areas for which I have responsibility that assist the arts and creative sector:

1. The Media Programme is the EU support programme for the European audiovisual industry and details are available at www.mediadeskireland.ie; and

2. The Culture Programme is the EU support programme for organisations working in the field of culture and details are available at www.ccp.ie.

Discussions are currently underway between the Member States and the European Commission on a new framework programme for the cultural and creative sectors. This will run from 2014 to 2020 and will be called the Creative Europe Programme. A budget of some €1,800 million is mooted for the new programme but this is not finalised and will have to be considered in the context of the overall EU Budget. It includes a proposal to amalgamate the current Culture and MEDIA programmes under a common framework and create an entirely new facility to improve access to finance.

The potential for the development of the Irish audiovisual industry is set out in the Creative Capital Report —Building Ireland’s Audiovisual Creative Economy, which I published last summer. The advancement of its recommendations is being examined by an Implementation Committee at present.

Údarás na Gaeltachta

Brian Stanley

Question:

88 D’fhiafraigh Brian Stanley den Aire Ealaíon, Oidhreachta agus Gaeltachta cé mhéad post nua atá cruthaithe ag Údarás na Gaeltachta sna ceantair Ghaeltachta sna blianta 2009, 2010 agus 2011; cé mhéad post atá caillte ag Údarás na Gaeltachta i rith an ama sin; agus cé mhéad a chosnaigh gach post le linn na tréimhse sin. [12564/12]

Tá an t-eolas maidir leis an méid post a chruthaigh Údarás na Gaeltachta sa Ghaeltacht, an méid post a cailleadh agus an costas in aghaidh an phoist do na blianta 2009-2011 léirithe sa tábla thíos:

Bliain

Méid post a cruthaíodh

Méid post a cailleadh

Meánchostas in aghaidh an phoist

2009

710

1,431

€11,273

2010

704

1,102

€11,393

2011

734

808

€11,259*

*figiúr sealadach

Foras na Gaeilge

Question:

89 D’fhiafraigh Michael P. Kitt den Aire Ealaíon, Oidhreachta agus Gaeltachta an féidir cruinniú a reáchtáil idir Foras na Gaeilge agus na heagraíochtaí nach bhfuil sásta leis an tSamhail Nua Mhaoinithe; agus an ndéanfaidh sé ráiteas ina thaobh. [12475/12]

Is mian liom aird an Teachta a dhíriú ar mo fhreagra ar Cheist Uimhir 46 den 31 Eanáir 2012. Go hachomair, is fiú dhá phointe ar leith a threisiú arís:

is í an Chomhairle Aireachta Thuaidh Theas atá freagrach as cinntí straitéiseacha a thógáil maidir le Foras na Gaeilge; agus

mar thoradh ar threoir ón gComhairle Aireachta, tá próiseas comhairliúcháin phoiblí ar na dréachtscéimeanna a bhaineann leis an samhail nua mhaoinithe ar siúl ag Foras na Gaeilge faoi láthair go dtí an 2 Aibreán 2012.

Mar chuid den phróiseas comhairliúcháin, tuigtear dom go bhfuil cruinnithe poiblí réigiúnacha á n-eagrú ag Foras na Gaeilge i ngach cúige i rith mhí an Mhárta chun deis a thabhairt do dhaoine, lena n-áirítear na heagraíochtaí bunmhaoinithe, ionchur a bheith acu sa phróiseas. Tuigtear dom freisin go bhfuil cuireadh tugtha ag Foras na Gaeilge do na heagraíochtaí bunmhaoinithe go léir freastal ar chruinnithe ar leith leis an bhForas chun an tsamhail nua mhaoinithe a phlé.

Mar eolas don Teachta, d'aontaigh an Chomhairle Aireachta Thuaidh/Theas ar an 14 Feabhra 2012 go bhféadfaidh Foras na Gaeilge leanúint le maoiniú eatramhach a chur ar fáil do na heagraíochtaí bunmhaoinithe go dtí an 30 Meitheamh 2013.

Heritage Sites

Seán Crowe

Question:

90 Deputy Seán Crowe asked the Minister for Arts, Heritage and the Gaeltacht the steps he is taking to make heritage protection grants available; and if he will make a statement on the matter. [12478/12]

Due to the current national economic difficulties and the significant reductions in the capital allocations provided to my Department, the resources available to me for the provision of grants for the protection of the built heritage are limited. However, my Department will continue to provide funding for the protection, conservation and development of our built heritage, insofar as resources allow.

In 2011, my Department provided €650,000 through a "Structures at Risk Fund" to assist with works to safeguard structures, both in private and civic ownership, protected under the Planning and Development Act 2000, as amended. This fund was administered by local authorities and was focused primarily on those protected structures most at risk. My Department also provided a further €1.25 million in capital assistance to the Office of Public Works in 2011 to assist in the conservation and presentation of historic properties and national monuments in State care. I intend to provide an allocation for the Structures at Risk Fund and capital assistance to the OPW in 2012 and I will be notifying both the local authorities and the OPW of the details shortly.

My Department also provided funding of almost €7.5 million to support the work of the Heritage Council in 2011, which included €1.5 million made available from the Environment Fund. The Heritage Council supports a number of conservation grants schemes and my Department will be providing an allocation to the Council in order to assist these schemes in 2012.

Question No. 91 answered with Question No. 87.

Job Creation

Bernard J. Durkan

Question:

92 Deputy Bernard J. Durkan asked the Minister for Arts, Heritage and the Gaeltacht the extent to which he and his Department and or other subordinate bodies or agencies have identified the degree to which targets identified in the context of the job creation initiatives are achievable within the relevant time span having particular regard to the obvious positive and beneficial opportunities likely to arise throughout the arts and heritage spectrum; and if he will make a statement on the matter. [12505/12]

In the Action Plan for Jobs, there are 11 specific actions to be undertaken by my Department and the agencies under its remit. Together, I believe that we can work to realise the explicit and implicit targets set for my area of responsibility.

Commemorative Events

Martin Ferris

Question:

93 Deputy Martin Ferris asked the Minister for Arts, Heritage and the Gaeltacht the number of times that the Oireachtas consultation group on commemorative matters has met in the past 12 months; when it is due to meet next; the progress it has made, in conjunction with other relevant parties, preparing for upcoming commemorative events; and if he will make a statement on the matter. [12487/12]

The Deputy will be aware that the All-Party Oireachtas Consultation Group on Commemorations, which I chair, was recently strengthened by expanding its membership. Since then, the Group has met on two occasions, the most recent meeting being on 21st February. It will meet again on this afternoon.

The Group now includes the Minister of State at my Department, Mr Dinny McGinley, T.D., Ms Heather Humphries, TD, Mr Michael Conaghan, TD, Ms Anne Ferris, TD, Senator Mary White, Senator Mark Daly, Mr Aengus Ó Snodaigh, TD, Senator Kathryn Reilly, Ms Mary O'Sullivan TD, Ms Catherine Murphy TD and Senator Dr Martin McAleese. While it is envisaged that the framework for commemorations of the decade of centenaries relating to the period 2012-2022 will be developed by officials and approved by Government, it is intended that particular commemorative initiatives and the arrangements for them will be brought to the attention of the All-Party Group.

I would also report the establishment of an Expert Advisory Group of eminent historians, chaired by Dr Maurice Manning, supported by Dr Martin Mansergh. This Group will advise Government and the All-Party Oireachtas Committee on both the overall commemorative programme and on any specific issues which may arise. In particular, it will seek to set a tone that is inclusive and non-triumphalist, ensuring authenticity, proportionality and openness. It hopes to consult widely with scholars, with universities, with educational and cultural bodies, with local historical associations and committees, and with individuals, where appropriate. It will seek to encourage original research at local and national level, at all times acknowledging the identities and traditions which are part of the historic story of the island of Ireland and Irish people worldwide.

I can confirm to the Deputy that there has been a significant level of engagement with various interested parties in regard to the commemorations programme, including on both a North/South and an East/West basis. I hope to attend commemoration events in Belfast and London later this month, with further events planned in succeeding months for Dublin, Belfast and Waterford. From an overall perspective, the Government's approach to these commemorations will seek to respect historical accuracy, promote tolerance, respect and inclusiveness, and recognise the All-Island and East/West shared past nature of the decade.

Acht na dTeangacha Oifigiúla

Gerry Adams

Question:

94 D’fhiafraigh Gerry Adams den Aire Ealaíon, Oidhreachta agus Gaeltachta cathain a bheidh na haighneachtaí agus torthaí na suirbhéanna atá curtha faoi bhráid na Roinne Ealaíon, Oidhreachta agus Gaeltachta mar chuid den athbhreithniú ar Acht na dTeangacha Oifigiúla, 2003 ar fáil don phobal; agus an ndéanfaidh sé ráiteas ina thaobh. [12559/12]

Mar chuid den athbhreithniú atá ar siúl ag mo Roinn ar Acht na dTeangacha Oifigiúla 2003, eagraíodh próiseas comhairliúcháin phoiblí inar tugadh deis do dhaoine a gcuid tuairimí faoin Acht a nochtadh trí shuirbhé agus/nó trí aighneacht a chomhlánú. Fuarthas timpeall 1,400 freagra ar an suirbhé agus 240 aighneacht de bharr an phróisis chomhairliúcháin sin. Tá anailís ar an ábhar seo ar siúl ag oifigigh mo Roinne faoi láthair. Tá súil agam go mbeidh sé ar chumas mo Roinne príomh-thorthaí an tsuirbhé ar sheirbhísí trí Ghaeilge ó chomhlachtaí poiblí a fhoilsiú ar shuíomh gréasáin mo Roinne i dtráth cuí, mar aon leis na haighneachtaí a fuarthas uathu siúd a chuir in iúl go raibh siad sásta go bhfoilseofaí iad.

Question No. 95 answered with Question No. 65.

An Ghaeilge

Dessie Ellis

Question:

96 D’fhiafraigh Dessie Ellis den Aire Ealaíon, Oidhreachta agus Gaeltachta cén obair atá déanta aige chun an Ghaeilge a chur chun cinn i measc comhlachtaí príobháideacha sa Stát. [12562/12]

I dtús báire, ní miste dom a rá go bhfuil dualgas reachtúil ar Fhoras na Gaeilge i ndáil leis an nGaeilge a chur chun cinn i ngach gné den saol ar fud oileán na hÉireann. Tá réimse leathan gníomhaíochtaí ar siúl ag Foras na Gaeilge chun an Ghaeilge a chur chun cinn i measc comhlachtaí príobháideacha, lena n-áirítear:

seirbhísí comhairleoireachta agus tacaíochta a sholáthar do mhórchomhlachtaí maidir le dea-chleachtas in úsáid an dátheangachais, mar shampla leis na comhlachtaí Microsoft, Google, Samsung, Meteor agus Ulster Bank;

deiseanna nua a fhorbairt i ndáil le táirgí gnó a sholáthar i nGaeilge tríd an scéim taighde agus forbartha;

scéimeanna tacaíochta maoinithe a reáchtáil don earnáil ghnó ar mhaithe le húsáid na Gaeilge a spreagadh ar ábhair ghnó agus mhargaíochta;

urraíocht a dhéanamh ar ghradaim na hearnála gnó ina bhfuil aitheantas agus aird tugtha d'úsáid na Gaeilge; agus

eolas a chur chuig úinéirí gnó atá ag oscailt nó ag athfhorbairt láithreacha gnó ag tabhairt léargais ar sheirbhís tacaíochta an Fhorais do ghnólachtaí.

Ó thaobh na Gaeltachta de, tá ról lárnach ag Údarás na Gaeltachta i gcur chun cinn na Gaeilge i measc comhlachtaí príobháideacha. Áiritear Scéim Ghaeilge do Chomhlachtaí Gaeltachta i measc ghníomhaíochtaí an Údaráis sa réimse seo. Is scéim tacaíochta í seo atá deartha go speisialta leis an nGaeilge a spreagadh i measc chliantchuideachtaí de chuid an Údaráis sa Ghaeltacht, agus béim faoi leith ar úsáid agus infheictheacht na Gaeilge i gcúrsaí gnó.

Cuirtear maoiniú ar fáil freisin faoi scéimeanna tacaíochta Gaeilge mo Roinne féin d'eagraíochtaí áirithe chun cur ar a gcumas an Ghaeilge a chur chun cinn lasmuigh den Ghaeltacht, ach go háirithe sa réimse gnó. Áirítear Gaillimh le Gaeilge, Gnó Mhaigh Eo agus Gael-Taca i measc na n-eagraíochtaí sin.

Dairy Industry

Seamus Kirk

Question:

97 Deputy Seamus Kirk asked the Taoiseach if he will provide the value of dairy exports and also dairy products sold domestically for the years 2010 and 2011; and if he will make a statement on the matter. [12695/12]

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

Domestic production, Imports and Exports of Dairy Products, 2010 and 2011 (€m)1

Year

Domestic production(A)

Imports(B)

Exports(C)

Supply available(A)+(B)-(C)

2010

2,809.7

430.5

2,230.8

1,009.4

2011

Not available

477.3

2,650.0

Not available

1Imports and Export figures exclude eggs and include casein (proteins found in milk) and baby food.

It should be borne in mind that the supply available may be used for stock building, further processing or consumption. The best indicator of the value of dairy products sold domestically is available from the Household Budget Survey (HBS). The HBS is held every five years and the results of the most recent 2009/2010 survey will be published before the end of March 2012. This will give average weekly household expenditures on various commodities including dairy products.

Seamus Kirk

Question:

98 Deputy Seamus Kirk asked the Taoiseach the estimated number of persons employed in primary, secondary and tertiary employment within the dairy industry for the years 2008 to 2011; and if he will make a statement on the matter. [12696/12]

The exact information requested by the Deputy is not available. The Farm Structure Survey in 2007 indicated that there were 21,300 farms with dairy cows in the State, of which 19,400 were classified as specialist dairy farms under the farm typology classification (i.e. dairying was estimated to account for two thirds or more of the total gross margin on the farm). It was estimated that there were 43,700 people employed on specialist dairy farms, comprising of 19,100 holders, 8,300 spouses of holders, 12,800 other family members and 3,500 regular non-family workers.

The June 2010 Census of Agriculture recorded a total of 27,414 farms with dairy cows. However, this includes many small dairy herds; 18,458 farms had 10 or more dairy cows. Data on the farm typology and farm labour force in 2010 is being compiled and will be available in the fourth quarter of this year. The annual Census of Industrial Production provides detailed structural statistics on manufacturing industry, including the dairy sector which comprises the Operation of Dairies, Cheese Making and the Manufacture of Ice-cream. There were 5,040 persons engaged in the dairy sector in 2008 and this fell to 4,922 in 2009. Corresponding data for 2010 will be published by June 2012.

Appointments to State Boards

Gerry Adams

Question:

99 Deputy Gerry Adams asked the Taoiseach if the chief executive officer of Rehab (details supplied) is a member of any State board; and the remuneration, expenses or other payments they receive for such membership. [12257/12]

The person referred to is not a member of either of the State boards that I am responsible for making appointments to i.e. the National Economic and Social Council and the National Statistics Board.

Constitutional Convention

Clare Daly

Question:

100 Deputy Clare Daly asked the Taoiseach if he will consult with the Irish Council for Civil Liberties as a relevant stakeholder in the establishment of the constitutional convention. [12008/12]

Brendan Ryan

Question:

101 Deputy Brendan Ryan asked the Taoiseach in view of the commitment given by the Government in the constitutional convention to examine the issue of same sex marriage, if respected non-governmental organisations (details supplied) will be invited to participate in the constitutional convention and will such NGOs have a permanent place at the discussion table; and if he will make a statement on the matter. [12313/12]

Michael Healy-Rae

Question:

102 Deputy Michael Healy-Rae asked the Taoiseach his views on a matter (details supplied) regarding the constitutional convention; and if he will make a statement on the matter. [12473/12]

I propose to take Questions Nos. 100 to 102, inclusive, together.

I met representatives of the opposition parties and the Dáil Technical Group on 28 February to consult them on the Government's proposals for the Constitutional Convention. They undertook to revert to me with their views within a week, following which a further meeting is envisaged. The Government's proposals for the Convention, including its composition, have been made public on www.merrionstreet.ie. We propose that the Convention should consist of 100 members, including a chairperson. Some 66 members would be ordinary citizens. The remaining 33 would be made up of Oireachtas members and one parliamentarian from each of the political parties in Northern Ireland which accept an invitation to be represented.

The Government is conscious that a number of organisations, representing various interests, have signalled a desire to be members of the Convention. However, as indicated above, the Convention is intended to be a forum mainly for ordinary citizens. Of course, the Convention can invite such organisations to make a presentation when matters in which they have a particular interest are being examined. They will of course also be able to make written submissions on any topic.

Freedom of Information

Gerry Adams

Question:

103 Deputy Gerry Adams asked the Taoiseach if he will provide a breakdown of the number of freedom of information requests submitted in the years 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010 and 2011 to his Department; the total amount of fees charged and fees received in each year; the number and amount of initial search fees paid and the number and amount of search and retrieval fees paid [12890/12]

The information sought by the Deputy is set out in the table:

Year

Number of FOI requests received

Total fees charged and received1

Number of initial fees paid2

Amount of initial fees paid

Number of search and retrieval fees paid

Amount of search and retrieval fees paid3

2002

162

774.85

n/a

n/a

6

774.85

2003

142

537.07

21

315.00

4

222.07

2004

45

600.00

35

525.00

0

0.00

2005

60

1,040.12

52

780.00

1

35.12

2006

55

870.00

48

720.00

0

0

2007

71

1,170.00

56

840.00

1

105.00

2008

83

2,188.02

76

1,135.00

7

978.62

2009

99

2,555.79

78

1,170.98

9

1,084.81

2010

110

2,656.92

104

1,560.90

17

871.02

2011

98

2,633.41

93

1,390.00

11

908.41

1The total fees charged and received include internal review fees.

2These fees only became effective from July 2003.

3These figures include photocopying charges.

Passport Applications

Finian McGrath

Question:

104 Deputy Finian McGrath asked the Tánaiste and Minister for Foreign Affairs and Trade the position regarding a passport in respect of a person (details supplied) in Dublin 7. [12182/12]

The Passport Office has no record of an application from the person in question. She has since advised the Passport Office that she is not an Irish citizen and that she made an application for citizenship through naturalisation in June 2011. This is therefore a matter for the Minister for Justice and Equality.

International Agreements

Patrick Nulty

Question:

105 Deputy Patrick Nulty asked the Tánaiste and Minister for Foreign Affairs and Trade when he will sign and ratify the optional protocol to the International Covenant on Economic, Social and Cultural Rights; the reason for the delay; and if he will make a statement on the matter. [12335/12]

The Government decided to proceed with Ireland's signature of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights on 21 February 2012. Arrangements are now being made for signature, which will take place shortly. Ratification of the Optional Protocol is a separate step, which must be preceded by a thorough screening of the obligations to be assumed, and will be considered in due course.

The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights opened for signature in New York in September 2009. To date thirty nine (39) States have signed. Nine European Union member states have signed. Seven States have ratified the Optional Protocol: Argentina, Bolivia, Bosnia and Herzegovina, Ecuador, El Salvador, Mongolia and Spain. The Optional Protocol will come into force three months after the deposit with the United Nations Secretary General of the tenth instrument of ratification or accession. As only seven States have ratified the Optional Protocol so far it has not yet come into force.

Freedom of Information

Gerry Adams

Question:

106 Deputy Gerry Adams asked the Tánaiste and Minister for Foreign Affairs and Trade if he will provide a breakdown of the total fees received in his Department for freedom of information requests and the number of individual requests in each of the years 2002 to 2011, inclusive. [12727/12]

Gerry Adams

Question:

107 Deputy Gerry Adams asked the Tánaiste and Minister for Foreign Affairs and Trade if he will provide a breakdown of the number of freedom of information requests submitted in the years 2002 to 2011, inclusive, to his Department; the total amount of fees charged and fees received in each year; the number and amount of initial search fees paid and the number and amount of search and retrieval fees paid. [12743/12]

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

Below in tabular format is a statistical breakdown of the Freedom of Information Requests processed by my Department since 2002 and the fees associated with such requests. Fees in respect of requests for access to non-personal information and requests for internal review were introduced in July 2003, in accordance with the Freedom of Information (Amendment) Act 2003.

My Department makes every effort to work with requesters to reduce the cost of Search and Retrieval fees, which are generally incurred where the request ranges over a large volume of records or a significant time period. Less than 10 per cent of all requests did not proceed where Search and Retrieval fees were sought. It is the policy of my Department to make all requests and replies made under the Freedom of Information Act, which are not of a personal nature, publicly available. The Freedom of Information Requests Database is available on the website of my Department (www.dfa.ie) and contains copies of the non-personal requests made since April 2004.

Year

Requests Received

Application Fees

S&R Fees Received

Internal Review Fees

2011

68

€880

€721.39

0

2010

87

€1,110

€1,078.74

€75

2009

86

€1,115

€1,579

0

2008

89

€905

0

€300

2007

43

€390

€356.15

€450

2006

49

€420

€335.20

€75

2005

41

€285

0

€75

2004

45

€450

€49.98

€150

2003

95

€150

0

0

2002

131

N/A

0

0

Trade Relations

Finian McGrath

Question:

108 Deputy Finian McGrath asked the Tánaiste and Minister for Foreign Affairs and Trade if he will give an update on trade with Argentina and any proposed plans to further develop links. [12839/12]

In 2011, Argentina was Ireland's 44th largest trading partner. Total merchandise trade stood at €227,777,000, a 37.8% increase over 2010. Exports were valued at €60,261,000; imports at €167,516,000. The principal exports were medical and pharmaceutical products, and office machines and data processing machines. The principal imports were foodstuffs for animals — which account for about 60% of imports — and essential oils, used in the manufacture of pharmaceutical products.

Deputies will be aware that the government is committed to increasing Ireland's exports as a key element of economic growth; part of this strategy is to develop the potential of existing export markets. Argentina has not been identified as a priority market under the government's Trade, Tourism and Investment Strategy. It is recognised, however that that there are niche opportunities there for Irish companies in specific sectors. The government and state agencies will continue to support Irish companies in accessing those opportunities in Argentina.

Trade Embargoes

Finian McGrath

Question:

109 Deputy Finian McGrath asked the Tánaiste and Minister for Foreign Affairs and Trade if he will give an update on his position on ending the blockade of Cuba by the USA. [12840/12]

Ireland's position on the United States' trade embargo of Cuba is long standing and well known. Ireland, and other EU member states, supports an annual draft resolution at the UN General Assembly introduced by Cuba rejecting the extraterritorial effects of the US embargo, most recently on 25 October 2011. We and our EU partners are not persuaded that the continued embargo on Cuba is contributing in a positive way to the democratic transition in Cuba; this position has been expressed on many occasions in contacts with the United States.

Foreign Conflicts

Finian McGrath

Question:

110 Deputy Finian McGrath asked the Tánaiste and Minister for Foreign Affairs and Trade if he will give an update on his position on The Malvinas and the non-compliance of the United Kingdom with United Nations resolutions. [12841/12]

As I have indicated to the House on a number of occasions, most recently on 31 January of this year, the question of the Falkland Islands (Malvinas) has been the subject of successive resolutions adopted by the General Assembly of the United Nations, as well as its special committee on decolonisation. The committee's most recent resolution was adopted on 21 June 2011.

In this resolution, the special committee on decolonisation called for a peaceful negotiated settlement of the sovereignty dispute and expressed regret that implementation of resolutions adopted by the committee in the past had not started in spite of widespread international support for negotiations between the two governments. In addition, the committee requested the two countries to consolidate the current "process of dialogue and cooperation" by resuming negotiations in order to find, as soon as possible, a peaceful solution to their sovereignty dispute. I would encourage both countries to resume their negotiations in the interest of pursuing a peaceful resolution of their differences on this matter.

Tax Code

Timmy Dooley

Question:

111 Deputy Timmy Dooley asked the Minister for Finance his views on the state of the coach tourism sector which is being exasperated by the high levels of tax on diesel; if he will consider the reintroduction of an excise rebate scheme in order to help the coach tourism sector; and if he will make a statement on the matter. [12387/12]

A derogation under EU Directive 2003/96 on Energy Taxation allowed the application of a reduced rate of Mineral Oil Tax to fuel used for the purposes of certain road passenger services. That derogation has expired and the arrangement was, therefore, terminated by the Finance Act 2008. It would not be possible, having regard to the relevant provisions of EU law, to re-introduce a scheme of that nature for those services.

Tax Collection

Timmy Dooley

Question:

112 Deputy Timmy Dooley asked the Minister for Finance if Northern Ireland coach companies have been reclaiming VAT from the Exchequer here on fuel purchased in the Republic of Ireland; and if he will make a statement on the matter. [12392/12]

I am advised by the Revenue Commissioners that non-established businesses that incur VAT in one Member State for the purposes of their taxable business in another Member State are entitled to a refund of that VAT where certain conditions are met. EU Council Directive 2008/9/EEC sets out those conditions and the claims for refund are processed through the Electronic VAT Refund (EVR) system.

Passenger transport is an exempt activity and VAT is not refundable in respect of such activity, except in limited circumstances where a taxable person established in the State is engaged in the transport of passengers who are picked up from a destination in the State and transported to a destination outside the State. In 2011 Revenue undertook a review of domestic and EU legislation in relation to Electronic VAT Refunds, including the VAT and EVR Directives and ECJ judgements concerning interpretation of the latter Directive and the criteria governing entitlement to refunds set out therein. The review has clarified particular aspects of the Directive as it relates to VAT incurred for the purposes of carrying on activities that are taxable in the Member State in which the business is established but which are exempt in the Member State of Refund. Revenue have concluded that non-established passenger transport operators are not entitled to refunds of VAT, whether that service takes place wholly or partially in the State or whether it takes place wholly outside the State.

Tax Code

Mary Lou McDonald

Question:

113 Deputy Mary Lou McDonald asked the Minister for Finance if, further to Parliamentary Questions Nos. 132 and 133 of 22 November 2011, he will consider revoking the ability of a member of the Government living outside of Dublin to claim a tax deduction on an amount of €3,500 per annum for maintenance costs associated with maintaining a second residence in a hotel, examples of which are laundry and so on, as allowed for under Rule 3 of Schedule 2 of the Income Tax Act 1967, now section 114 of the Taxes Consolidation Act 1997. [12413/12]

The tax deduction introduced by the Oireachtas (Allowances to Members) and Ministerial and Parliamentary Offices (Amendment) Act 1992 applies in respect of the expense incurred in maintaining a second residence. The legislation does not specify the nature that a second residence has to take. Accordingly, I am informed by the Revenue Commissioners that they have set out their views on how they will grant the deduction in three possible scenarios — where a Minister owns a second residence, where a second residence is rented and where a second residence consists of hotel or guesthouse accommodation. These were outlined in my reply to the previous Parliamanetary Questions referred to by the Deputy.

As regards Ministers who avail of hotel or guesthouse accommodation, as an alternative to the actual vouched additional expenses incurred in living away from home, the Revenue Commissioners are prepared to accept that an annual claim in the amount of €3,500 represents a reasonable estimate of the amount of such expenses, and I am advised that they have no plans to review this amount. As with all tax measures, the Dual Abode Allowance remains under constant review. However, I do not intend to amend the scheme at this time.

Pearse Doherty

Question:

114 Deputy Pearse Doherty asked the Minister for Finance if he will provide details of all works of art deemed eligible under the artists exemption in 2009, 2010 and 2011 including information on the category of works and the qualifying criteria under which these works qualified in each of the named years; and if he will make a statement on the matter. [12121/12]

Details of all determinations made by the Revenue Commissioners under section 195 of the Taxes Consolidation Act 1997, includingthe years 2009, 2010 and 2011 are available on the Revenue website at http://www.revenue.ie/en/tax/it/leaflets/artists-exemption-section-195-1997-act.html. This list is updated on a quarterly basis. The criteria under which determinations are made are set out in the Guidelines made under subsection (12) of that section. The Guidelines are available on the Revenue website at http://www.revenue.ie/en/tax/it/reliefs/artists-exemption.html.

Dominic Hannigan

Question:

115 Deputy Dominic Hannigan asked the Minister for Finance his plans for the taxation of betting exchanges; and if he will make a statement on the matter. [12124/12]

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

Nicky McFadden

Question:

116 Deputy Nicky McFadden asked the Minister for Finance if he will outline the rationale for the travel agents margin scheme; if he will consider the concerns raised by a person (details supplied); and if he will make a statement on the matter. [12141/12]

I am advised by the Revenue Commissioners that provisions covering the Travel Agents Margin Scheme are contained in Section 88 of the VAT Consolidation Act 2010. This scheme, which is provided for in Articles 306 to 310 of the EU VAT Directive, with which Irish VAT law must comply, was introduced with effect from 1 January 2010. Detailed discussions with the travel industry were carried out prior to the introduction of the scheme which is a standard EU-wide Scheme in operation in most Member States of the EU. The scheme deals with the activities carried on by travel agents who act in the capacity of a principal when supplying certain travel services such as transport, accommodation, etc, which they have bought in from third parties for onward supply to travellers. Travel agents covered by the scheme are liable to VAT on their margin on the services provided rather than the full consideration they receive in respect of the supply of these services.

The nature of the scheme means that the travel agent only has an obligation to account for VAT on the margin in the country where he/she is established. The travel agent has no further VAT obligations in places where the travel services are supplied. The travel agent cannot recover any VAT charged when he/she purchases the travel services but this is because VAT is only accounted for on the margin when the services are supplied on to the traveller. The VAT treatment applied under the margin scheme has the same effect as for ordinary traders who account for VAT on the full consideration charged for a supply of goods or services and recover VAT on the purchase of those goods or services. There is no double taxation. Similarly travel agents like other traders can recover VAT on deductible overheads incurred by them in connection with their taxable supplies.

The scheme has benefits for a travel agent in terms of complying with his/her VAT obligations. In the absence of the scheme a travel agent could have compliance obligations across many Member States of the EU with a resultant increased administrative burden.

Tax Collection

Patrick O'Donovan

Question:

117 Deputy Patrick O’Donovan asked the Minister for Finance the status of the tax liabilities of persons (details supplied); and if he will make a statement on the matter. [12150/12]

I am informed by the Revenue Commissioners that a claim for refund of PAYE overpaid in 2011 by the persons concerned was received by Limerick Tax District on 1 March 2012. The refund was in the amount of €784.18, and was approved for payment by Limerick Tax District on the same day on which it was received. There are no other outstanding tax liabilities or refunds on record for the persons concerned.

Departmental Staff

Timmy Dooley

Question:

118 Deputy Timmy Dooley asked the Minister for Finance the reason the Revenue authorities are transferring the payroll section of the Revenue Commissioners from Ennis, County Clare, to Mayo; the impact that this will have on current employees; and if he will make a statement on the matter. [12151/12]

I am informed by the Revenue Commissioners that no decision has been taken by them to transfer their payroll section from Ennis to Mayo. The Government has agreed a strategic approach to progress shared services in all sectors of the Public Service. This is in line with the Programme for Government and the Public Sector Reform Plan and is explicitly provided for in the Croke Park Agreement. This strategic approach includes proposals for an integrated payroll service on a shared basis for the Civil Service. This is likely to impact on Revenue's payroll section in Ennis.

The Revenue Commissioners are constantly reviewing their processes and procedures to ensure that they are delivering their services in the most efficient and effective manner. In line with the Government's decision on reducing public sector numbers, Revenue's Employment Control Framework numbers have been reduced significantly for 2012. This requires Revenue to critically look at all areas of work and redeploy resources to priorities, such as targeting and confronting those who do not comply with their tax and duty obligations. The impact of the Government's decision on payroll shared services on Revenue's payroll section in Ennis will be considered in this context.

Tax Reliefs

Patrick O'Donovan

Question:

119 Deputy Patrick O’Donovan asked the Minister for Finance if he will provide evidence that persons (details supplied) applied for mortgage interest relief; the procedure that was followed by a company to get mortgage interest relief; and if he will make a statement on the matter. [12164/12]

Mortgage interest relief is available only to individuals. I am advised by the Revenue Commissioners that the process of registering for such relief is undertaken by the individual/s to whom a particular mortgage in respect of a principal private residence applies rather than the mortgage provider or relevant financial institution. Revenue has confirmed that following representations made by the Deputy in the matter that direct contact was made with the persons concerned and that the matter has been resolved.

Financial Services Regulation

Terence Flanagan

Question:

120 Deputy Terence Flanagan asked the Minister for Finance the help available for first-time home buyers who find it difficult to get a deposit together (details supplied); and if he will make a statement on the matter. [12234/12]

The banking system restructuring plan creates capacity for the two pillar banks, namely 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 to €20 billion over this period. The 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. It is a commercial decision for each lending institution to decide the amount of deposit that it requires from each borrower who is seeking mortgage approval. It is important that each lending institution is allowed to assess properly and independently the risks when deciding on the level of deposit that it requires.

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

Bank Guarantee Scheme

Caoimhghín Ó Caoláin

Question:

121 Deputy Caoimhghín Ó Caoláin asked the Minister for Finance the efforts he has made to ensure that banks covered by the guarantee scheme uphold agreements with clients relating to the payment of VAT on house sales; and if he will make a statement on the matter. [12237/12]

Caoimhghín Ó Caoláin

Question:

122 Deputy Caoimhghín Ó Caoláin asked the Minister for Finance if his attention has been drawn to the fact that a company (details supplied) had an agreement with Ulster Bank that every time it sold a house it would lodge the entire moneys with the bank and that the bank would subsequently pay the 13.5% VAT to the Revenue, that Ulster Bank has failed to do this and that consequently Revenue is now bringing the company to court to get its VAT and that there are many builders facing the threat of liquidation in similar situations; and if he will make a statement on the matter. [12238/12]

I propose to take Questions Nos. 121 and 122 together.

I am advised by the Revenue Commissioners that the sale of new houses by a builder or developer is subject to VAT at the reduced rate of 13.5%. VAT legislation provides that the seller is obliged to remit to the Revenue Commissioners the VAT on the sales, less certain input VAT. Where, at the time of the sale, the houses are under the control of another person, including a receiver, mortgagee in possession or liquidator, then that other person is obliged to remit the VAT on the sales to the Revenue Commissioners.

The legal responsibility for meeting its obligation to account for and pay the VAT rests with the registered business concerned. Any arrangement entered into by the business and any other party in regard to paying VAT is a matter for the business concerned. I, as Minister for Finance, and the Revenue Commissioners have no function in this regard.

With regard to the company referred to by the Deputy, a very significant debt is owed by them to Revenue and collection/recovery efforts by Revenue have been unsuccessful. Having regard to the quantum of the debt and the failure of the company to engage with Revenue towards an agreed approach to payment of the debt, Revenue is now proceeding towards a High Court petition for the appointment of a liquidator on the basis that the company is insolvent.

Illicit Trade in Tobacco

Simon Harris

Question:

123 Deputy Simon Harris asked the Minister for Finance if the study on comparing the detection rate of X-ray scanners with other countries as outlined in the Comptroller and Auditor General’s 2009 report to improve the detection of illegal tobacco here has been completed; if he will make public the results of this study; and if he will make a statement on the matter. [12291/12]

The 2009 Comptroller and Auditor General's Report on the Accounts of the Public Services, in addressing the issue of tobacco smuggling, suggested that, in order to assess the performance of the Revenue container scanners, a comparison of detection rates with those of other countries would be useful. Revenue commenced such a study in 2011. This study involves liaison with the relevant administrations of other Member States and with the European Commission's anti-fraud office, OLAF, in order to acquire relevant data that can be used as a reliable benchmark for comparison of scanner detection rates.

There are inherent difficulties in carrying out this study, which are delaying its completion. These include the relative scarcity of comparable statistical data that is available internationally on scanner detection rates and sensitivities of some jurisdictions associated with the publication of information in relation to enforcement techniques and methodologies. It is hoped that the study in question will be completed during 2012.

Revenue currently has two mobile X-ray container-scanning systems, one of which was acquired in 2007 and the second in 2010. One scanner is based in Dublin Port and the other at Rosslare Ferry Port. However, both scanners are available for deployment at other ports as required. Revenue deploys the scanners on a risk assessment basis at various locations throughout the country.

Simon Harris

Question:

124 Deputy Simon Harris asked the Minister for Finance if the Revenue Commissioners have completed the recommended in-depth analysis of the effectiveness of available deterrents, prosecutions and sanctions regarding illegal tobacco production; if he will direct the Revenue Commissioners to release the results of their analysis; and if he will make a statement on the matter. [12292/12]

I am informed by the Revenue Commissioners that they monitor the effectiveness of their programmes and strategies for counteracting the illicit tobacco trade on an ongoing basis. As part of this process the legislative penalties for excise evasion are regularly assessed in terms of their deterrent value. In this regard the Finance Act 2010 introduced significantly increased monetary penalties for tobacco offences. The penalty for conviction on indictment was increased from €12,695 to €126,950, or up to three times the duty paid value of the goods, whichever is the greater. The new penalties are applicable in respect of court convictions for offences occurring after the passing of that Act.

The Commissioners are satisfied that the new provisions are working effectively. In addition to monetary penalties imposed on conviction, in 2011 there were forty-five custodial sentences for tobacco tax offences, of which twenty-eight were suspended. Revenue initiatives to counteract the illicit tobacco trade include:

the establishment of a high level internal group, chaired at Commissioner level, to examine the risks related to tobacco products tax evasion and to oversee and optimise the detection of contraband and counterfeit tobacco products,

the adoption of a comprehensive tobacco strategy, which is underpinned by annual action plans. This 3-year (2011-2013) strategy, which is published on Revenue's website www.revenue.ie, includes a number of programmes, which are designed to complement each other in targeting the supply and demand sides of the market for contraband tobacco in Ireland,

the commissioning of surveys in 2009, 2010 and 2011 by the Revenue Commissioners and the Office of Tobacco Control to establish smoking trends,

the introduction of substantially increased legislative penalties in the Finance Act 2010 for the smuggling and sale of illicit tobacco products,

further development of cooperation and intelligence sharing at organisational, national and international level,

a commitment to prosecute all serious cases of tobacco tax evasion and a focus, in partnership with other Government agencies, on reducing the demand for contraband tobacco.

Disabled Drivers

Anthony Lawlor

Question:

125 Deputy Anthony Lawlor asked the Minister for Finance the reasons in order to qualify for the disabled drivers and disabled passengers scheme a vehicle must be purchased from an authorised person according to SI 353/1994, section 8(1); the assistance that can be offered to someone in terms of motor taxation exemptions who did not buy from an authorised dealer but has been medically certified as disabled; and if he will make a statement on the matter. [12331/12]

I am advised by the Revenue Commissioners that an authorised dealer is a person who is authorised under section 136 of the Finance Act 1992 (as amended) "to manufacture, distribute, deal in, deliver, store, repair or modify unregistered vehicles and to convert registered vehicles”. Authorisation brings a number of responsibilities concerning the management and record keeping in relation to vehicles, responsibilities that are subject to control and scrutiny by the Commissioners.

Because of the significant amount of relief from both VRT and VAT available to purchasers of vehicles under the Disabled Drivers and Passengers scheme, it is appropriate that vehicles provided under this scheme should be provided by authorised dealers to facilitate the monitoring of various elements of the scheme. It is not possible to avail of the scheme if a vehicle was purchased privately. Motor Taxation is a matter for the Department of Environment, Community and Local Government.

Tax Reliefs

Gerald Nash

Question:

126 Deputy Gerald Nash asked the Minister for Finance if he will provide for each of the following years, 2005 to 2011, inclusive, the number of claims made by companies for co-relative adjustments; the number of claims for co-relative adjustments conceded by the Revenue Commissioners; the total value of the tax involved in those claims for co-relative adjustments conceded by the Revenue Commissioners; if he will provide, in respect of the total number of claims made in these years, a breakdown by industry and the other country involved; the amount of tax involved in each of the three largest cases; and if he will make a statement on the matter. [12336/12]

Claims for relief from double taxation ("correlative adjustments") arise in Ireland as a result of an upward adjustment to company profits in a country with which we have a double taxation treaty. A company may make a claim for a correlative adjustment to Revenue in Ireland where tax paid in the other country is increased as a result of such an upward adjustment and the associated company in the other country has agreed to such upward adjustment. Each claim is examined by Revenue and an appropriate amount of relief from double taxation is agreed. The number of correlative adjustment claims and the amount of tax relief granted in respect of those claims for each of the years 2005 to 2011 is shown in the table. The countries and industry sector involved are also listed in the table.

Finally, I am informed by the Revenue Commissioners that their obligation to observe confidentiality in relation to the tax affairs of taxpayers or small groups of taxpayers precludes them from providing the information requested by the Deputy in relation to the amount of tax involved in the 3 largest cases.

Number of claims received

Amount of tax relief granted *

2005

6

5 (1 claim not allowed)

€35.9m

2006

14

11 (2 claims were withdrawn and 1 is still open)

€101.7m

2007

8

8

€163.4m

2008

15

10 (1 claim was withdrawn and 4 claims are still open)

€315.7m

2009

13

9 (1 claim was withdrawn and 3 are still open)

€77.5m

2010

16

6 (10 claims are still open)

€51.7m

2011

8

1 (7 claims are still open)

**

*Note that the relief may be granted over a number of years and may take the form of increasing losses to be carried forward as well as refunds and off-sets.

**As there is only one case involved publication of the amount is not considered appropriate as it could lead to identification of the company.

Countries involved

Australia, Belgium, Canada, Denmark, France, Germany, Italy, Netherlands, Spain, Sweden, UK, USA.

Claims by industry sector

Energy, Financial Services and Insurance, Food and Drink, General Manufacturing, Health care and Medical Devices, Hospitality, Information Technology, Retail, Transport.

Tax Code

Patrick Deering

Question:

127 Deputy Pat Deering asked the Minister for Finance the reason Revenue has allowed only €13.71 plus 50 cent per mile to be paid tax free to GAA referees, considerably less than its own guidelines and Civil Service rates. [12416/12]

I am informed by the Revenue Commissioners that, for reasons of taxpayer confidentiality, they cannot comment on specific cases. However, I am informed by the Revenue Commissioners that their views on the tax treatment of the reimbursement of expenses of travel and subsistence have been in the public domain for some considerable time and are contained in their Statement of Practice titled Tax Treatment of the Reimbursement of Expenses of Travel and Subsistence which is available on their website at www.revenue.ie.

In that Statement of Practice, they set out their views on the tax treatment of expenses in a wide range of situations, and I am including the following extract, which seems to be the most relevant, for the information of the Deputy:

Individuals carrying out work on a voluntary and unpaid basis.

Notwithstanding anything contained in tax law or in this Statement of Practice, the reimbursement of expenses of travelling and subsistence to individuals who work on a voluntary and unpaid basis for organisations whose functions and aims are both altruistic and non-commercial (for example, voluntary unpaid workers working for charities, sports bodies, etc.) may be paid tax-free provided the expenses of travelling and subsistence—

(a) merely put the unpaid individual in a position to carry out his/her work; and

(b) no more than reimburse the individual the expenses actually incurred by him/her and do not exceed what are known as the Civil Service rates for reimbursement of expenses of travelling and subsistence.

The Revenue Commissioners further inform me that they do not determine the nature and quantum of payments made by any body, including sports bodies, to their officials, staff or volunteers. That is entirely a matter for those bodies. If a body wishes to reimburse an official the expenses of travel and subsistence at rates less than what are known as the Civil Service rates, then that is a matter for that sports body. If a body wishes to pay a higher figure than the Civil Service rates, then it is unlikely that such an amount would be simply a matter of reimbursement of expenses. The question of the tax treatment of the excess would then arise.

The current Civil Service motor travel rates are:

Official motor travel in a calendar year

Engine capacity up to 1,200 cc

Engine capacity 1,201 cc to 1,500 cc

Engine capacity 1,501 cc and over

Up to 4,000 miles

62.94 cent per mile

74.42 cent per mile

95.05 cent per mile

4,001 miles and over

34.13 cent per mile

38.00 cent per mile

45.79 cent per mile

In addition, the current Civil Service domestic subsistence day rates are:

Absence of less than 5 hours

Absence of more than 5 hours but less than 10 hours

Absence of more than 10 hours

Nil

€13.71

€33.61

Tax Collection

Niall Collins

Question:

128 Deputy Niall Collins asked the Minister for Finance if he will approve the issuing of a P21 in respect of a person (details supplied) in County Limerick. [12492/12]

I am informed by the Revenue Commissioners that a P21 was issued to the person concerned on 2 March 2012.

Banking Sector Regulation

Derek Keating

Question:

129 Deputy Derek Keating asked the Minister for Finance the reason Permanent TSB is allowed to charge 5.19% variable rate when all other banks have changed theirs to 3.2%. [12502/12]

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 responsibility for any variation in the variable mortgage interest rates charged by Permanent TSB. However, as I have indicated in replies to previous Parliamentary questions on this subject, the Central Bank has advised me that it will continue to engage with specific lenders which appear to have standard variable rates set disproportionate to their cost of funds.

EU Treaties

Michael McGrath

Question:

130 Deputy Michael McGrath asked the Minister for Finance if the European Stability Mechanism treaty contains a provision that access to funds under the mechanism is contingent on countries ratifying the fiscal compact treaty; and if he will make a statement on the matter. [12510/12]

The European Stability Mechanism (ESM) Treaty, which was signed by all euro area Member States on 2 February, subject to ratification, provides "that the granting of financial assistance in the framework of new programmes under the ESM will be conditional, as of 1 March 2013, on the ratification of the Intergovernmental Treaty (IGT) by the ESM Member concerned" and on implementation of the balanced budget rule as specified in that treaty within the agreed timeline (one year after entry into force of the treaty). The linkage between the ESM and the Intergovernmental Treaty to ratification was accepted in the interests of securing agreement on the ESM and its acceleration into force by July 2012. I believe the linkage between the Treaties will further contribute to confidence, solidarity and financial stability in the euro area.

The ESM will replace the EFSF and it may assume the rights and obligations of the EFSF. However, it is important to note that it has been clarified that the linkage of both the ESM and the IGT refers to new applications for assistance under the ESM and will not affect the transfer to the ESM of undisbursed amounts under the EFSF to Ireland (and other existing programme countries). The funding approved under the existing Programme of Financial Support for Ireland is not therefore conditional on Ireland ratifying the fiscal compact but, as is currently the case, on Ireland successfully implementing our programme. Primary legislation will be required to enable Ireland to ratify the ESM Treaty and implement its decisions. It is expected that the required legislation will be published this term.

Tax Collection

Jack Wall

Question:

131 Deputy Jack Wall asked the Minister for Finance if a person (details supplied) in County Kildare is paying their correct taxation; and if he will make a statement on the matter. [12604/12]

I have been advised by the Revenue Commissioners that, based on the information currently available, the person is receiving the correct tax credits for 2012.

Banks Recapitalisation

Gerry Adams

Question:

132 Deputy Gerry Adams asked the Minister for Finance if he will detail the nominal interest payments or other forms of payment that have been given to any of the Fir Tree Capital Funds from Anglo Irish Bank, now IBRC, for its €200 million of subordinated notes in Anglo Irish Bank which were the subject of a legal challenge by Fir Tree Capital Funds in the US that was recently dismissed; if he will outline the maturity dates of these subordinated bond notes; the action he intends to take concerning these outstanding subordinated notes; if any portion of the outstanding subordinated notes shall be honoured by the now IBRC; and if he will make a statement on the matter. [12665/12]

The Deputy is aware that under the Relationship Framework the Board of the bank is responsible for the day to day operations of the bank including the funding of the bank. I have been informed by the bank that there are two subordinated private placement bonds that were issued in 2005 and documented under US law, that are now held by Fir Tree. The bank became aware that Fir Tree was the new holder in December 2010 and March 2011 respectively. For clarity it should be noted that IBRC's liability is US$200 million not €200 million.

The first bond is for $165,000,000 and has a maturity date of 29.9.2015. Interest is paid quarterly and the interest basis is 3 month US$ Libor +92basis points. Interest payments made to Fir Tree are as follows:

$504,411.60 — 29-Dec-10

$504,409.95 — 29-Mar-11

$517,595.10 — 29-Jun-11

$491,557.92 — 29-Sep-11

$536,043.85 — 29-Dec-11

The second subordinated private placement bond was issued for $35,000,000 and has a maturity date of 29.9.2017. It currently pays a fixed rate of 4.8%. Interest payments are semi-annual and Fir Tree has received two interest payments as follows:

$840,000.00 — 29-Mar-11

$840,000.00 — 29-Sep-11

As things stand IBRC has a contractual obligation to pay interest and principal on the notes.

Gerry Adams

Question:

133 Deputy Gerry Adams asked the Minister for Finance the total amount in euro of the outstanding unguaranteed Bank of Ireland subordinated debt not repurchased by Bank of Ireland; if he will detail, subsequent to his statement on 2 December 2011, the reason he was no longer considering the use of the powers available under CISA for making savings for the taxpayer through writing down this outstanding subordinated debt; his views that those Bank of Ireland note holders who did not participate in the Bank of Ireland debt for equity swap earlier in 2011 made the correct investment decision as their holdings of subordinated debt shall now be honoured in full; if the reason he no longer, as quoted in the aftermath of the March 2011 stress tests, is fulfilling his promise that he would take all actions necessary to achieve burden sharing for subordinated debt in all of the banks including Bank of Ireland; and if he will make a statement on the matter. [12666/12]

As set out in Bank of Ireland's (the "Bank") preliminary statement of its financial results for the year ended 31 December 2011, released on 17 February 2012, the Bank's outstanding unguaranteed subordinated debt at 31 December 2011 was €370m. This excludes the €1bn contingent capital instrument investment subscribed by the State. As the deputy is aware, I noted on 23 November 2011 that the Bank had to raise €350m of core tier 1 capital by 31 December 2011 to satisfy the requirement of the 2011 Prudential Capital Assessment Review ("PCAR 2011"). In that context I considered using the powers available under the Credit Institutions (Stabilisation) Act 2010 as amended ("CISA") to apply for a Subordinated Liabilities Order ("SLO") to generate, from subordinated liabilities, the residual capital required by the Bank by 31 December 2011.

On 2nd December 2011, the Bank announced that it had raised approximately €350m of core tier 1 capital, through its tender offer and purchase of capital securities. As a result of the Bank's announcement and the fact that the totality of the outstanding PCAR 2011 capital required by 31 December 2011 had been raised, the grounds for use of the powers under CISA to raise that capital through burden-sharing no longer arose.

It is not for the Minister to comment on the investment decisions made by the holders of subordinated debt in the Bank. The powers granted pursuant to CISA continue to be in effect and will be used in the future if necessary. With regard to achieving burden sharing with subordinated bondholders in all of the banks including the Bank, I draw the deputy's attention to the fact that total capital generated from burden sharing with bond holders since 2008 is in excess of €15bn.

Tax Reliefs

Ciaran Lynch

Question:

134 Deputy Ciarán Lynch asked the Minister for Finance the relief available to a person holding a variable rate mortgage from KBC Bank which has failed to pass on the ECB interest rate reduction; and if he will make a statement on the matter. [12701/12]

Tax relief for mortgage interest on a home loan is tax relief given to mortgage holders based on the interest paid on a qualifying mortgage on a home i.e. a new mortgage for a home, a top up loan used for the purposes of developing or improving a home, a separate home improvement loan, a re-mortgage or a consolidation of existing qualifying loans, secured on the deeds of the home. The relief is paid at source by the mortgage provider either in the form of a reduced monthly mortgage payment or a credit to the funding account.

Various eligibility criteria apply to the relief and the rates and ceilings for which Mortgage Interest Relief is available depends on the date the loan was drawn down and whether the mortgage holder is a first time buyer or not. In any event, mortgages taken out prior to 1 January 2004 are no longer eligible for Mortgage Interest Relief. However, top up loans/equity release loans taken out since 1 January 2004 on these pre-2004 loans may be eligible for Mortgage Interest Relief, provided they satisfy the eligibility criteria. The details of the scheme are available at www.revenue.ie. Mortgage Interest Relief is set to be abolished at end 2017.

Freedom of Information

Gerry Adams

Question:

135 Deputy Gerry Adams asked the Minister for Finance if he will provide a breakdown of the total fees received in his Department for freedom of information requests and the number of individual requests in the years 2002 to 2011, inclusive. [12726/12]

Gerry Adams

Question:

136 Deputy Gerry Adams asked the Minister for Finance if he will provide a breakdown of the number of freedom of information requests submitted in the years 2002 to 2011, inclusive, to his Department; the total amount of fees charged and fees received in each year; the number and amount of initial search fees paid and the number and amount of search and retrieval fees paid. [12742/12]

I propose to take Questions Nos. 135 and 136 together.

I have set out below the statistics for Freedom of Information requests received by my Department since 2002. These statistics include fees, the number of requests received and the type of requests. My Department has a record of the number of FOI requests for which search and retrieval fees were paid for separately from 2005 to 2011 only, however the total amounts for search and retrieval fees for each year are provided. Details of the number of personal and non personal requests for each year are also provided. In accordance with the Freedom of Information (Amendment) Act 2003 an ‘up-front' fee of 15 euro must accompany a request for non personal information, and 10 euro if the person is covered by a medical card.

Type of Requests

Year

No of FOI Requests received

Personal

Non Personal

Mixed

2002

326

27

297

2

2003

305

24

279

2

2004

102

34

68

0

2005

93

14

78

1

2006

72

8

64

0

2007

64

8

56

0

2008

180

16

161

3

2009

272

10

262

0

2010

337

21

316

0

*2011

258

26

232

0

Fees

Year

Initial Fees

Search and Retrieval

Internal Review

Refunds

Search and Retrieval Cases

2002

483

2003

1,468

2004

960

1,069

225

154

2005

1060

1,265

225

75

7

2006

790

2,561

225

502

5

2007

690

135

375

30

1

2008

2,805

774

450

855

10

2009

3,930

1,462

750

107

19

2010

3,175

2,538

825

461

15

*2011

2,809

633

525

45

12

*The 2011 totals reflect the split in the Department in July when the Department of Public Expenditure and Reform was established.

Sovereign Debt

Paschal Donohoe

Question:

137 Deputy Paschal Donohoe asked the Minister for Finance if the liabilities of the National Roads Authority form part of general Government debt; if NRA debt liabilities relating to contractual payments for public private partnership projects are calculated as part of our sovereign debt; his views that a failure by the NRA to meet such payments would constitute a credit event; and if he will make a statement on the matter. [12791/12]

The NRA is within general government. Any loans and some other financial liabilities such as bonds of NRA therefore form part of general government debt. According to the NRA Annual Report the liabilities of the agency amounted to €17.6m in 2010. However, most of these liabilities are accounts payable and do not contribute to government debt. Neither do liabilities to private partners concerning future streams of payments form part of general government debt. The 2008 buy-out contract between NRA and National Toll roads of Westlink is, on the other hand, considered part of General Government Debt. These figures have formed part of deficit and debt figures of general government since 2008 Credit events cover a wide spectrum and can mean different things. With regard to PPPs, the NRA does have payment obligations. I am informed by them that all payment obligations to PPP private partners are being met.

Paschal Donohoe

Question:

138 Deputy Paschal Donohoe asked the Minister for Finance if there exists a difference of ranking in the importance of debt obligations between Government bonds, promissory note repayments, State guaranteed bank bonds and the debt obligations of the National Roads Authority; and if he will make a statement on the matter. [12792/12]

In relation to the ranking of debt obligations between Government bonds, promissory note repayments and State guaranteed bank bonds, section 48 of the Finance Act 1978 provides the following: "To remove doubt, it is hereby declared that any liabilities of the Minister for Finance, or of any other Minister of the Government with the consent of the Minister for Finance, of the due repayment of moneys borrowed by persons shall rank, and shall be deemed always to have ranked, pari passu in all respects with the liabilities of the Minister for Finance in respect of securities created and issued under section 54(1) of the Finance Act 1970."

In relation to the National Roads Authority (NRA), under the Roads Act, 1993 the NRA may issue debt guaranteed by the Minister for Finance which would rank equally with all other debt obligations issued by the Minister or guaranteed by him. However, unguaranteed obligations of the NRA are not obligations of the State. It is not that they "rank" differently from those of the Minister, they are simply not his obligations and as such there is no equivalence between an NRA obligation and a bond issued under Section 54(1) of the Finance Act 1970 above.

Appointments to State Boards

Gerry Adams

Question:

139 Deputy Gerry Adams asked the Minister for Finance if the chief executive officer of Rehab (details supplied) is a member of any State board; and the remuneration, expenses or other payments they receive for such membership. [13245/12]

In response to the Deputy's question the Chief Executive Officer of Rehab is not a member of any board that comes under the aegis of my Department.

Teachers’ Remuneration

Dara Calleary

Question:

140 Deputy Dara Calleary asked the Minister for Education and Skills the way he justifies the suspension of allowances for newly qualified teachers; his views that as a result of this cut he has created a fourth tier within the one system: pre-January 2011 rate, post-January 2011, pre-December 2011 rate and post-February 2012 rate; his views on the negative impact this will have on attracting talent to the teaching profession and that this will deter many from entering the teaching profession; and if he will make a statement on the matter. [12134/12]

Brendan Smith

Question:

185 Deputy Brendan Smith asked the Minister for Education and Skills if he will give consideration to the issues raised regarding the allowances payable to new entrants to the teaching profession (details supplied); and if he will make a statement on the matter. [12643/12]

Maureen O'Sullivan

Question:

186 Deputy Maureen O’Sullivan asked the Minister for Education and Skills if he recognises the inequality of budget 2012 for newly qualified teachers, some of whom might be earning €11,000 less than if they were qualified two years earlier, and who are expected to perform yard duties unpaid alongside colleagues who will be paid and may not receive additional pay for teaching in a gaelscoil or in a Gaeltacht area; the reason a tiered system based on date of entry was not put in place or a phasing out of allowances rather than an immediate cut to those newly qualified teachers who paid full fees for their degrees and who face difficulties finding teaching work; and if he will make a statement on the matter. [12650/12]

Brendan Griffin

Question:

197 Deputy Brendan Griffin asked the Minister for Education and Skills his views on a matter (details supplied) regarding newly qualified teachers; and if he will make a statement on the matter. [12768/12]

I propose to take Questions Nos. 140, 185, 186 and 197 together.

A public service-wide review of allowances, announced by the Government as part of Budget 2012, is currently being led by the Department of Public Expenditure and Reform. Under Circular 70/2011 teachers who had been engaged in a public sector teaching post on or before 4 December 2011 are eligible to retain the qualification allowances they were entitled to be in receipt of on that date. Such teachers will not be paid any additional allowance where they acquire any further qualification on or after 5 December 2011. The position of teachers who, on 5 December 2011, were undertaking courses will be considered in the context of the review. Teachers who were appointed to teaching for the first time on or after 5 December 2011 but before 1 February 2012 are eligible for allowances on the basis of their qualifications at entry to the profession up to a maximum of the allowance which had been applicable to an honours primary degree.

Circular 3/2012 provides that allowances are not payable to new beneficiaries; i.e. those who become eligible for receipt of the allowance in question on or after 1 February 2012. Examples of such allowances include any form of qualification allowance or the supervision and substitution payment paid to teachers, and the secretary to the Board of Management allowance paid to school principals. The only exceptions to this prohibition are principal and deputy principal allowances.

These decisions were taken pending the outcome of the public service-wide review of allowances due to the upward pressure on the cost of teacher allowances. Without immediate action, this upward pressure would have cancelled out the savings made elsewhere in the education system and would bring about even harsher adjustments to schools and services. I am not in a position to comment further on the position in relation to teacher allowances until the outcome of the public service-wide review of allowances is known.

School Transport

Pearse Doherty

Question:

141 Deputy Pearse Doherty asked the Minister for Education and Skills if he will meet with the parents of schoolchildren from an area (details supplied) regarding changes to the school transport scheme to discuss the impact that these changes are having on their families and their children’s education; and if he will make a statement on the matter. [12146/12]

Pearse Doherty

Question:

142 Deputy Pearse Doherty asked the Minister for Education and Skills his view on a presentation he recently received from the parents of children from an area (details supplied) regarding changes to the school transport scheme; and if he will make a statement on the matter. [12147/12]

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

From the commencement of the 2012/13 school year, the use of the Catchment Boundary Area (CB) System as a means of determining eligibility will cease for all pupils newly entering post primary school. This means that from the 2012/13 school year, school transport eligibility for all pupils newly entering a post primary school will be determined by reference to the distance they reside from their nearest post-primary education centre having regard to ethos and language. This change was announced as part of Budget 2011 but is not being introduced until the 2012/13 school year in order to allow parents of children newly entering post primary school ample time to consider their school choice options, taking account of the revised school transport eligibility arrangements.

At post primary level, the evidence is, as set out in the Value for Money Review of the School Transport Schemes, that the majority of children are attending their nearest post primary school/centre. The changes to the Post Primary School Transport Scheme will be applied equitably on a national basis.

Given that Bus Éireann will be communicating with the families currently availing of post primary school transport and that I have already set out the rationale underpinning the policy position for the Deputy and other local representatives and cannot make any exceptions to the policy, it is not feasible for me to meet with individual groups of parents to discuss these changes.

Vocational Education Committees

Mary Lou McDonald

Question:

143 Deputy Mary Lou McDonald asked the Minister for Education and Skills if he will provide a full list of all payments and allowances paid to vocational education committee chief executive officers; the changes, if any, he plans to make to these payments and allowances; and if he will make a statement on the matter. [11212/12]

Mary Lou McDonald

Question:

144 Deputy Mary Lou McDonald asked the Minister for Education and Skills if vocational education committee chief executive officers receive a payment or allowance for sitting on and attending their own VEC board meetings. [11213/12]

Mary Lou McDonald

Question:

190 Deputy Mary Lou McDonald asked the Minister for Education and Skills if vocational education committee chief executive officers’ annual remuneration is paid with moneys provided by him; and if so, if he will provide in a tabular format the remuneration received by each of the VECs’ chief executive officers including a breakdown of his or her annual salary, allowances and expenses. [12676/12]

Mary Lou McDonald

Question:

200 Deputy Mary Lou McDonald asked the Minister for Education and Skills, further to Parliamentary Question No. 256 of 14 February 2012, if he will provide in tabular form a breakdown between salary and allowance for each vocational education committee CEO. [12808/12]

I propose to take Questions Nos. 143, 144, 190 and 200 together.

Chief Executive Officers (CEOs) of Vocational Education Committees (VECs) are paid directly by the Committees which employ them. The pay costs of the VECs are funded primarily by the pay grant issued by my Department, but also by pay receipts retained by the VECs comprised principally of retained superannuation contributions. The Deputy should note that the CEO is not a member of the VEC.

CEOs do not receive expenses for attendance at VEC meetings. However, travel and subsistence is payable in accordance with public sector norms to CEOs for their attendance at meetings away from the VEC's headquarters and where the attendance of the CEO is necessary for the discharge of their role. CEOs may qualify for payment of an allowance in respect of the discharge of the role of Secretary to a Board of Management of a Comprehensive School. An allowance was payable to CEOs for the role of Transport Liaison Officer, when that task was undertaken by them prior to 2012. Details of all payments made to CEOs in 2011 are outlined in the table.

My officials are currently in discussion with SIPTU, the union which represents the CEOs of the VECs, regarding the overall remuneration structure which will apply to the CEOs of the new Education and Training Boards once established.

Payments to VEC CEOs 2011

(Ref: PQ 11212 06-3-12)

Basic Salary(€)

Allowance — Transport Liaison Officer(€)

Allowance — Secretary to a Board of Management of a Comprehensive School(€)

Total Salary and Allowances(€)

Expenses(€)

City of Cork

129,854

5,493

135,347

7,190

City of Dublin

145,952

0

145,952

4,083

City of Limerick

108,226

5,493

113,719

5,448

City of Waterford

114,809

5,493

120,302

3,041

Dun Laoghaire

114,809

5,493

120,302

2,725

City of Galway

114,119

7,760

121,879

4,780

Co Carlow

100,544

5,493

106,037

5,107

Co Cavan

114,809

7,787

122,596

9,437

Co Clare

114,416

9,389

3,550

127,355

12,150

Co Cork

111,295

12,196

3,449

126,940

12,191

Co Donegal

113,262

12,593

3,562

129,417

7,265

Co Dublin

114,587

5,493

120,080

5,645

Co Galway

123,227

12,549

3,550

139,326

11,636

Co Kerry

101,455

8,552

110,007

5,169

Co Kildare

114,809

7,787

2,587

125,183

11,589

Co Kilkenny

93,649

7,954

101,603

3,228

Co Laois

112,184

6,028

118,212

7,119

Co Leitrim

114,809

7,787

3,562

126,158

3,244

Co Limerick

114,416

11,032

125,448

0

Co Longford

97,843

7,787

105,630

3,907

Co Louth

97,139

9,385

106,524

6,910

Co Mayo

116,992

10,994

127,987

11,496

Co Meath

117,181

9,616

126,796

7,700

Co Monaghan

114,416

9,389

123,805

9,538

Co Offaly

112,940

7,463

120,402

3,230

Co Roscommon

95,798

5,474

101,272

4,207

Co Sligo

114,416

7,760

122,176

8,370

Co Tipperary (NR)

111,920

7,760

119,680

5,963

Co Tipperary (SR)

125,275

8,494

133,770

9,591

Co Waterford

114,809

7,787

122,596

5,460

Co Westmeath

114,629

7,760

122,389

2,836

Co Wexford

111,518

11,032

122,550

5,316

Co Wicklow

114,416

7,760

122,176

5,732

Total

3,730,523

262,834

20,260

4,013,617

211,303

The following revised Table was received from the Department on 5 July 2012.

Payments to VEC CEOs 2011

(Ref: PQs 143, 144, 190, 200 (ref no 11212 etc) 6-3-12, amended 5-7-12)

Basic Salary(€)

Allowance — Transport Liaison Officer(€)

Allowance — Secretary to a Board of Management of a Comprehensive School(€)

Total Salary and Allowances(€)

Expenses(€)

City of Cork

129,854

5,493

135,347

7,190

City of Dublin

145,952

0

145,952

4,083

City of Limerick

108,226

5,493

113,719

5,448

City of Waterford

114,809

5,493

120,302

3,041

Dun Laoghaire

114,809

5,493

120,302

2,725

City of Galway

114,119

7,760

121,879

4,780

Co Carlow

100,544

5,493

106,037

5,107

Co Cavan

114,809

7,787

122,596

9,437

Co Clare

114,416

9,389

3,550

127,355

12,150

Co Cork

111,295

12,196

3,449

126,940

12,191

Co Donegal

113,262

12,593

3,562

129,417

7,265

Co Dublin

114,587

5,493

120,080

5,645

Co Galway

123,227

12,549

3,550

139,326

11,636

Co Kerry

101,455

8,552

110,007

5,169

Co Kildare

114,809

7,787

2,587

125,183

11,589

Co Kilkenny

91,448

7,767

99,215

3,228

Co Laois

110,324

5,443

115,767

7,119

Co Leitrim

114,809

7,787

3,562

126,158

3,244

Co Limerick

114,416

11,032

125,448

0

Co Longford

97,843

7,787

105,630

3,907

Co Louth

97,139

9,385

106,524

6,910

Co Mayo

116,992

10,994

127,987

11,496

Co Meath

114,810

9,421

124,230

7,700

Co Monaghan

114,416

9,389

123,805

9,538

Co Offaly

112,940

7,463

120,402

3,230

Co Roscommon

95,798

5,474

101,272

4,207

Co Sligo

114,416

7,760

122,176

8,370

Co Tipperary (NR)

111,920

7,760

119,680

5,963

Co Tipperary (SR)

114,385

7,791

122,176

9,591

Co Waterford

114,809

7,787

122,596

5,460

Co Westmeath

114,629

7,760

122,389

2,836

Co Wexford

111,518

11,032

122,550

5,316

Co Wicklow

114,416

7,760

122,176

5,732

Total

3,713,202

261,164

20,260

3,994,625

211,303

EU Funding

Pearse Doherty

Question:

145 Deputy Pearse Doherty asked the Minister for Education and Skills the total spend on the Waterford Crystal European Globalisation Fund programme as detailed in his report to the European Commission submitted on 6 February 2012; the amount of money he expects to be returned to the European Commission; and if he will make a statement on the matter. [12165/12]

The final report and accompanying statement of expenditure in respect of the Waterford Crystal EGF programme were submitted to the European Commission by the Department on 6 February 2012 as required under the relevant European Commission decision. The total expenditure certified by the Irish authorities in the statement of expenditure was €3,089,633.08.

The European Commission has recently forwarded its initial calculations that include a reimbursement of €562,591.50 in respect of the EU financial contribution of €2,570,853.00 made to the Waterford Crystal EGF programme. However, as the EGF case in question has not yet been closed by the European Commission, I am not in a position to confirm the final outcome at this time.

Pearse Doherty

Question:

146 Deputy Pearse Doherty asked the Minister for Education and Skills if he will confirm if an application to the European Globalisation Fund in the name of redundant TalkTalk workers has been submitted; the date on which it was submitted; the amount of money being sought from the European Commission; and if he will make a statement on the matter. [12166/12]

An application for co-financing assistance from the European Globalisation Adjustment Fund (EGF) in respect of some 592 workers made redundant at the Talk Talk company in Waterford and at three ancillary enterprises was submitted to the European Commission by my Department on 29 February 2012. The measures included in the application are costed in the region of €5.4m at a maximum co-financing rate of 50% (€2.7m) from the EU if approved and include guidance, training, further and higher education and enterprise supports and a contribution towards course expenses. I have already approved the implementation of a number of these measures through national funding in anticipation of approval of the application by the EU budgetary authority.

Teachers’ Remuneration

Robert Dowds

Question:

147 Deputy Robert Dowds asked the Minister for Education and Skills the current starting and continuing incremental salary for the new primary teachers entering the profession at this point. [12175/12]

Robert Dowds

Question:

148 Deputy Robert Dowds asked the Minister for Education and Skills the current starting and continuing incremental salary for a person commencing as a special needs assistant. [12176/12]

Robert Dowds

Question:

149 Deputy Robert Dowds asked the Minister for Education and Skills the current salary and continuing salary for special needs assistants already in the system. [12177/12]

Robert Dowds

Question:

150 Deputy Robert Dowds asked the Minister for Education and Skills his views on the divergent salaries for long-standing special needs assistants and new teachers entering the profession at this point. [12178/12]

I propose to take Questions Nos. 147 to 150, inclusive, together.

The salary scales for Special Needs Assistants appointed prior to 1/1/2011 and since 1/1/2011 and the salary scales for Primary teachers appointed since 1/1/2011 are set out in a table. Salary scales are published on my Department's website. SNAs irrespective of their appointment date and teachers appointed since the 1st January 2011 commence on the first point of the incremental scale appropriate to their post and are awarded increments as they become due. The maximum point on the SNA scale for new appointees since the 1/1/2011 is €33,605 and the maximum point on the teachers' scale is €53,423.

Special Needs (Child Care) Assistant

1/1/10

1/1/11

€23,188

€20,869

€24,277

€21,850

€25,362

€22,826

€26,452

€23,807

€27,542

€24,788

€28,626

€25,763

€29,683

€26,715

€30,738

€27,664

€31,800

€28,620

€32,857

€29,571

€33,919

€30,527

€35,919

€32,327

Long service increment

€ 37,339

€33,605

Circular 0040/2011

To: The Managerial Authorities of Recognised Primary, Secondary, Community and Comprehensive Schools and The Chief Executive Officers of Vocational Education Committees

New Pay Scales for New Appointees to Teaching in 2011

Introduction

1. The Minister for Education and Skills wishes to inform vocational education committees, management bodies and teachers of the application of revised rates of salary and allowances for new appointees to teaching from 1 January 2011 onwards.

2. As part of Budget 2011 the Government has applied a 10% reduction in the pay of new entrants to the public service (referred to in this Circular as "new appointees") and all new appointees to the entry grades of the public service must start at the first point of the relevant pay scale with effect from 1 January 2011.

Application of new pay rates

3. The 10% reduction in pay applies to basic pay, allowances and the supervision and substitution payment.

(a) Basic Pay:

The 10% reduction applies to basic pay on all points of the incremental salary scale. Daily and hourly rates for casual and non-casual teachers in the primary sector and hourly rates for casual and non-casual part-time teachers in the post-primary sector have also been reduced. The revised rates are set out in an Appendix to this Circular.

(b) Allowances:

The 10% reduction also applies to all allowances with the exception of promotional allowances; i.e. special duties, assistant principal, deputy principal and principal allowances.

New Appointee to teaching

4. The new pay rates apply to all teachers who are new appointees appointed on or after 1 January 2011.

5. Where a person gave service in an analogous teaching position before 1 January 2011 (including those currently on an approved leave of absence), s/he will not be regarded as a new appointee to teaching. In addition, a person with a written offer of employment before 1 January 2011 will not be regarded as a new appointee. In these cases, the person will be assigned to the appropriate pre-1 January 2011 scale and allowances, and incremental credit for approved teaching service and non-teaching experience which is deemed relevant will be awardable.

6. Where a teacher who is retired and is in receipt of a pension returns to teaching on or after 1 January 2011, s/he will start on the first point of the post 1 January 2011 incremental salary scale.

Incremental credit

7. All new appointees to teaching will start on the first point of the post 1 January 2011 incremental salary scale. The Government has decided that all new appointees to entry grades (subject to the criteria set out above) will start at the minimum point of the new reduced scale.

8. However, incremental credit may continue to apply for relevant recognised service (e.g. recognised teaching service in another EU Member State). Similarly, those who leave the system will be able to reckon such previous relevant service on re-entry.

Circulation

9. Please ensure that copies of this Circular are provided to the Board of Management/Vocational Education Committee and its contents are brought to the attention of all teachers in your employment including those on leave of absence.

10. This Circular can be accessed on the Department's website under http://www.education.ie.

11. All enquiries regarding this Circular should be e-mailed to teachersna@education.gov.ie OR payroll@education.gov.ie.

Dalton TattanPadraig Maloney

Principal OfficerPrincipal Officer

Teachers/SNAs Terms and ConditionsPayroll

June 2011June 2011

Appendix I

Pay Scales for new appointees appointed on or after 1 January 2011

Teachers’ Common Basic Scale

1

€27,814

2

€28,775

3

€29,737

4

€30,702

5

€32,198

6

€33,168

7

€34,136

8

€36,576

9

€37,795

10

€39,251

11

€40,700

12

€42,160

13

€43,380

14

€44,996

15

€44,996

16

€44,996

17

€47,225

18

€47,225

19

€47,225

20

€47,225

21

€50,170

22

€50,170

23

€50,170

24

€50,170

25

€53,423

Academic Qualifications

1. (a) (i) H. Dip. in Ed. (Pass)

€532

(ii) Higher Froebel Cert.

€532

(b) (i) H. Dip. in Ed. (1st or 2nd Hons)

€1,112

(ii) Ard Teastas Gaeilge

€1,112

(c) Primary Degree (Pass)

€1,658

(d) Masters Degree by thesis or exam (Pass)

€4,426

(e) Primary Degree (1st or 2nd Hons)

€4,426

(f) Masters Degree (1st or 2nd Hons)

€4,946

(g) Doctors Degree

€5,526

Only one of the allowances at (a) or may be held together with one of the allowances (c) to (g)

2. (i) *An Teastas i dTeagasc na Gaeilge le honoracha

€3,850

(ii) *Higher Diploma in Education (1st or 2nd Hons)

€3,850

(iii) *Primary Degree (Pass) together with at least 3 years approved experience in commercial, industrial or other approved occupation

€3,850

*Payable only to teachers who were in receipt of an allowance of £110 (pre July 1968) and who did not qualify for a higher allowance at 1. above

(iv) Diploma for Teachers of Deaf

€2,193

Diploma for Teachers of Blind

Diploma for Teachers of Mentally and Physically Handicapped Children

Other Allowances

1. Rural Science Teachers (for organisation and development of education activities outside formal class instruction)

€1,658

2. Itinerant Domestic Science Teachers

€1,658

3. Teaching through Irish

€1,424

4. Gaeltacht Grant payable to teachers in the Gaeltacht other than those in receipt of an allowance equal to 10% of scale salary

€ 2,757

5. Island Allowance

€1,658

6. Special allowance payable to teachers in Comprehensive Schools

€2,224

Untrained Teachers’ Rate

Z01

€24,619

Allowance for Teachers with 35 years’ service

€2,091

Allowance Payable to Teachers in the Prison Service Honorarium

€4,296

Secondment Allowances

Category 2

€15,143

Category 3

€11,831

Category 4

€9,117

Allowance payable to teachers of apprentices in Dun Laoghaire and Co. Cork VECs

€8,766

Secure Unit Allowance/Disturbed Adolescent Allowance 100%

€ 1,976

Hourly and daily rates of pay for part-time and substitute teachers

Primary daily rate casual (qualified teacher)

€164.26

Primary daily rate (unqualified)

€115.12

Primary hourly rate (qualified) on payroll

€32.21

Primary hourly rate (qualified) paid by grant

€36.60

Primary hourly rate (unqualified)

€26.07

Post-primary hourly rate casual (qualified)

€40.10

Post primary hourly rate (unqualified)

€36.76

Supervision and Substitution

Hourly rate

€43.04

Appendix II

Frequently Asked Questions

I am a newly qualified teacher who has never worked as a substitute teacher — Which pay scale will I start on?

Only service given in a teaching position pre-1 January 2011 will count as prior service for eligibility for pre-2011 pay scales. If you have not served in a teaching position (including as a substitute) before 1 January 2011 you will be offered a contract at the new pay rates and conditions. You cannot receive incremental credit for any training prior to entry to teaching.

I am a teacher who worked in Ireland as a substitute teacher in 2001 but I have been in the UK for the past number of years — Which pay scale will I start on?

You worked in a teaching position prior to 1 January 2011. You will therefore be offered a contract at pre-2011 pay rates and conditions. Your service as a qualified and registered teacher in the UK will be reckonable for incremental credit purposes.

I am a teacher who worked in the EU for the past number of years. I have never worked in a teaching position in the public service in Ireland but am due to start in May 2011 — Which pay scale will I start on?

You are a new appointee to teaching. You will begin on the first point of the January 2011 payscale. Recognised teaching service in another country prior to your first entry to teaching in Ireland is reckonable subject to certain conditions.

I am a qualified and registered teacher who has prior public sector experience as a Lecturer. I will begin teaching in May 2011 — Which pay scale will I start on?

You are a new appointee to teaching. You will therefore be offered a contract at January 2011 pay rates and conditions. This applies also to teachers who are moving to take up a post in other positions (eg Special Needs Assistants, administrators, etc). You may be entitled to certain incremental credit in respect of your lecturing service.

I have been employed as a teacher in the private sector for 5 years. I will begin teaching in the public sector in May 2011 — What will my starting salary be?

You are a new appointee under the recent Government Decision. You will therefore be offered a contract at the first point of the January 2011 pay rates and conditions. You may be entitled to incremental credit subject to certain conditions.

I am a teacher who was employed with a Vocational Education Committee since September 2005. I resigned from my post with the VEC in November 2010. I expect to take up a teaching post in a Voluntary Secondary school in September 2011. Which pay scale will I be paid on?

You worked in a teaching position prior to 1 January 2011. You will therefore be offered a contract at pre-2011 pay rates and conditions if you resume teaching in a voluntary secondary school in September 2011. Your service as a qualified and registered teacher with the VEC will be reckonable for incremental credit purposes.

Third Level Fees

Éamon Ó Cuív

Question:

151 Deputy Éamon Ó Cuív asked the Minister for Education and Skills if he has set the income threshold that will apply for eligibility for postgraduate contribution of €2,000 towards fees; if not, when a decision will be made on this matter in view of the fact that many students need to now make decisions on their future; and if he will make a statement on the matter. [12187/12]

A limited number of post graduate students who would previously have qualified under the standard grant thresholds will qualify to have a €2,000 contribution made towards the costs of their fees. There will be a new income threshold for this payment which will be lower than the standard grant threshold. The income threshold for this level of grant is currently being determined in the context of the formulation of the student grant scheme for the 2012/13 academic year.

Éamon Ó Cuív

Question:

152 Deputy Éamon Ó Cuív asked the Minister for Education and Skills if the professional diploma in education, level 8, course is considered a postgraduate course or an undergraduate course for the purposes of third level grants and fees; and if he will make a statement on the matter. [12188/12]

The Professional Diploma in Education (PDE) was previously known as a Postgraduate Diploma in Education (PGDE) was placed on the framework of qualifications at Level 8 with effect from the start of the academic year 2011/12. The course is considered to be a post graduate course for the purposes of the Student Grant Scheme. Under the terms of the Free Fees Initiative, whereby the State meets the tuition costs of eligible students, an approved course is defined as a full-time undergraduate course of a minimum duration of two years in an approved third level institution. As the Professional Diploma in Education is a Level 8 post graduate course it does not qualify for funding under the Free Fees initiative.

Third Level Staffing

Brian Walsh

Question:

153 Deputy Brian Walsh asked the Minister for Education and Skills if he is concerned that academic and support services for students of NUI Galway and Galway Mayo Institute of Technology may be adversely affected by the retirement this year of 34 and 22 staff from each of the institutions, respectively; and if he will make a statement on the matter. [12219/12]

As autonomous statutory bodies it is a matter for each Higher Education Institution to manage its staffing resources and retirements as they arise. In contrast to other parts of the public service an Employment Control Framework is in place for the higher education sector which provides institutions with considerable flexibility to fill vacancies, through recruitment or promotions, subject to the conditions of the ECF. Staff turnover and retirement of long-serving staff is an ongoing feature of such institutions and their management authorities have been planning in anticipation of additional retirements this year.

EU Funding

Dara Murphy

Question:

154 Deputy Dara Murphy asked the Minister for Education and Skills the person that determines qualifications for the EU’s European Globalisation Fund for retraining workers (details supplied); and if he will make a statement on the matter. [12239/12]

On 9 June 2010, the Department submitted an application for co-funded assistance from the European Globalisation Adjustment Fund (EGF) in respect of 9,089 former workers made redundant in the construction NACE 41, 43 and 71 sub-sectors during the nine-month EGF reference period between 1 July 2009 and 31 March 2010. Applications for EGF co-financed assistance are made in support of specified redundant workers. Under the rules pertaining to sectoral applications, only identified workers made redundant during a specified nine-month reference period may be included in the application for EGF support.

In accordance with Article 5(1) of EGF Regulation (EC) No 1927/2006, a maximum period of 10 weeks applies from the end of the EGF reference period in which an EGF application must be submitted. For the three Irish construction sub-sectors, the stipulated reference period ended on 31 March 2010 and the 10-week application period ended on 9 June 2010. Redundant workers for inclusion in the EGF application submitted for all three construction sub-sectors were identified based on the most recent recorded date of registration for a statutory redundancy payment as at 28 April 2010 and, as appropriate for those redundant apprentices included in the NACE 41 and 43 sub-sectors, based on data from the apprenticeship database held by FÁS.

Statutory redundancy payment data on which the cohort of eligible redundant workers was based, was received from the Redundancy Payments Division of the then Department of Enterprise, Trade and Employment on 28 April 2010. Other requirements relating to the specification of employers and NACE 2 codings, and which involved liaison by the Department with external bodies holding data, also needed to be verified prior to the submission of the application.

The EGF application was submitted on 9 June 2010 and was made on the basis of particular information at a given point in time. The point in time chosen yielded very substantial levels of redundancies, was based on the best current data available and allowed sufficient time to submit the application within the mandatory deadline. It should be noted that it is not the enterprise making the workers redundant but the individual workers who have been identified as having been made redundant, which is the key element in terms of eligibility. Moreover, the statutory redundancy payments system, on which the EGF application was significantly based, does not automatically follow up each of the 3,349 enterprises encompassed by the application on a rolling basis seeking updated details of all workers who may have been let go at different times. Thus, the relevant information from this source was the best available to my Department when compiling the EGF application.

As such, some 37 former employees of the enterprise named were identified as having been made redundant during the reference period as at 28 April 2010. No persons were informed of EGF eligibility until after the EU budgetary authority approval of the Irish application and its subsequent disaggregation across the three construction sub-sectors on 16 November 2011.

Schools Building Projects

Pearse Doherty

Question:

155 Deputy Pearse Doherty asked the Minister for Education and Skills if he has any plan to provide funding for a new secondary school in Lucan, County Dublin; if so, if he will give details of these plans, including the funding to be allocated, catchment area to be covered and number of pupils to be catered for; and if he will make a statement on the matter. [12243/12]

As the Deputy is aware, total enrolment in both primary and post-primary schools is expected to grow by almost 70,000 between now and 2018 (over 45,000 at primary level and 25,000 at post primary) and will continue to grow up to at least 2024 at post-primary level. The priority now is to focus on major school projects and smaller projects devolved to schools to meet the demographic demands. The primary aim will be to ensure that every child will have access to a school place.

It is within this context that in 2011, I announced the establishment of 40 new schools nationally within the next six years, comprising twenty new primary schools and twenty new post-primary schools. Of these, 18 will be in the Dublin area, 12 of which will be primary and 6 post primary schools. Lucan is one of the areas where a 1,000 pupil second level school will be established in the coming years. The school will cater for increasing demographic demand in the general Lucan area.

I have already indicated in the context of the announcement on the 10th November 2011 last of the Government's Medium Term Infrastructure and Capital Investment Framework, which sets out the demographic challenge facing the education system in the coming years, that I intend to publish shortly a five year plan outlining the projects that will commence construction in that time.

School Staffing

Robert Dowds

Question:

156 Deputy Robert Dowds asked the Minister for Education and Skills the way walking deputy principals in primary schools are appointed; and if there is a difference between the way such persons are appointed to DEIS and non-DEIS schools. [12253/12]

The reforms to the teacher allocation process introduced for the 2012/13 school year revised the basis for appointment of Administrative Principal and Administrative Deputy Principal status in primary schools. The criteria for such status will be solely based on pupil numbers rather than the current approach of mostly on pupil numbers but some also on teacher numbers. The relevant enrolment thresholds for the appointment of Administrative Principals and Administrative Deputy Principals are outlined in Appendix B of Primary Circular 0007/2012 which is available on the Department website.

To ease the transition to the entirely enrolment driven arrangements for Administrative Principals and Administrative Deputy Principals, schools that are adversely affected by the rule change can continue to keep their administrative status until there is a change of Principal or Deputy Principal, as appropriate, in the school providing they continue to satisfy the existing rule.

Disadvantaged Status

Robert Dowds

Question:

157 Deputy Robert Dowds asked the Minister for Education and Skills if he has any plans to extend DEIS to any further schools; and if he will make a statement on the matter. [12254/12]

While a key priority for me is to continue to prioritise and target resources at schools with the most concentrated levels of educational disadvantage, the current economic climate and the challenge to meet significant targets on reducing public expenditure, particularly given the upward pressures on teacher numbers and in the context of operating under a fixed ceiling on teacher numbers, affords no capacity to provide for additionality to the DEIS programme.

DEIS (Delivering Equality of Opportunity in Schools) includes a commitment for ongoing evaluation of the programme to ensure successful implementation and appropriate measurement of outcomes at both local and national level. The Educational Research Centre has undertaken this ongoing evaluation, on behalf of my Department, the aim of which is to monitor the implementation of the programme and assess its impact on students and schools at primary and post primary levels.

In addition, the Inspectorate of my Department conducted evaluations of planning in a sample of 36 DEIS schools, 18 primary and 18 post-primary. A national composite report on the effectiveness of DEIS planning in primary and post-primary schools has been completed and this report along with the ERC report were published in January 2012. My Department will fully consider these evaluation reports before any decisions can be made regarding the future of DEIS.

Redundancy Payments

Pat Breen

Question:

158 Deputy Pat Breen asked the Minister for Education and Skills when a person (details supplied) in County Clare will receive a redundancy payment; and if he will make a statement on the matter. [12260/12]

As the Deputy is aware from my answer to Parliamentary Question No. 232 of 24th January, an application for redundancy from the person referred to, was received by my Department on 7th September 2011. A large number of applications were received during the period August — September 2011. Applications received during those months are currently being processed in date order of receipt. Every effort is being made, within the resources available, to process these applications as quickly as possible. I expect that the application referred to by the Deputy will be reached for processing by the end of April.

Schools Building Projects

Billy Kelleher

Question:

159 Deputy Billy Kelleher asked the Minister for Education and Skills when a school (details supplied) will be built; and if he will detail the current status of the project. [12265/12]

I wish to advise the Deputy that my Department has recently carried out a technical assessment of a site for a new school building. My Department is liaising closely with the school authorities in the context of progressing this project to the next stage of the architectural planning process.

School Staffing

Pearse Doherty

Question:

160 Deputy Pearse Doherty asked the Minister for Education and Skills if he will review the staffing allocation for a school (details supplied) in County Donegal; his views that staffing levels are adequate; and if he will make a statement on the matter. [12282/12]

Michael Lowry

Question:

174 Deputy Michael Lowry asked the Minister for Education and Skills if he will provide further information on the application requirements for small schools in line to lose a teacher as a result of budget 2012 but which now have a projected increased enrolment for 2012 and wish to avail of the newly opened appeal to the primary staffing appeals board; in particular; the reason for requesting that a school place the teacher in line to lose the post on a panel for potential redeployment prior to a decision being reached by the appeals board; if he will provide a guarantee that the same teacher will be returned to the school following a successful appeal; and if he will make a statement on the matter. [12411/12]

Tom Fleming

Question:

179 Deputy Tom Fleming asked the Minister for Education and Skills if he will reverse the budget cuts in relation to small schools and allow schools (details supplied) in County Kerry, which recently underwent a major refurbishment and extension investment retain its two teachers; and if he will make a statement on the matter. [12476/12]

Gerry Adams

Question:

181 Deputy Gerry Adams asked the Minister for Education and Skills if his attention has been drawn to the effects his amended scheme for the allocation of teachers will have on a school (details supplied) in County Louth; if his attention has been drawn to the fact that the September 2011 returns for this school would have qualified the community for a fourth teacher but this is now under threat from his new schedule; if he will accept an appeal from this school community on this matter; and if he will make a statement on the matter. [12511/12]

Joe McHugh

Question:

183 Deputy Joe McHugh asked the Minister for Education and Skills if he will identify the best options for a school (details supplied) in County Donegal that will submit appeal forms for staffing arrangements, Primary Circular 0007/2012, p. 3; if he will outline the type of evidence that the appeals procedure requires for proof of projected enrolments, that is, completed enrolment forms and so on; and if he will make a statement on the matter. [12589/12]

I propose to take Questions Nos. 160, 174, 179, 181 and 183 together.

My Department has expanded the existing appeals process so that it is accessible to the 73 small schools that are losing a classroom post as a result of the budget measure. It is worth noting that there are almost 1,200 small schools with 86 pupils or less and no small school will be forced to close as a result of this decision.

Such schools will not lose their classroom post if they are projecting increased enrolments in September 2012 that would be sufficient to allow them to retain their existing classroom posts over the longer term. The detailed arrangements are set out in the Department's Staffing Circular 0007/2012 including the relevant thresholds to retain a classroom teaching post at Appendix A. It is a matter for individual schools to provide information relevant to their projected increase in enrolment to the Staffing Appeal Board.

The closing date for submission of appeals for the April meeting of the Staffing Appeal Board is 23 March, 2012. Schools must submit to my Department by 16 March, 2012 a redeployment form for any teacher surplus to requirements who is eligible to be placed on the redeployment panel. I can assure the Deputies that it is intended that the Appeal Board meeting will take place prior to the release of the main redeployment panel in mid to late April, 2012 thus allowing for any impact of the Board's decision on redeployment panels to be effected. The Appeal Board operates independently of the Department and its decision is final.

Schools Inspectorate

Joanna Tuffy

Question:

161 Deputy Joanna Tuffy asked the Minister for Education and Skills if he will provide details of the number of education inspectors who have retired recently or taken up early retirement; his plans to fill the posts of inspector whose duties include evaluating newly qualified teachers when they take up their teaching posts; and if he will make a statement on the matter. [12290/12]

Ten inspectors retired prior to the 29th February 2012. In anticipation of this the Department entered into discussions with the Department of Public Expenditure and reform (PER) in order to highlight the staffing situation at the Schools Inspectorate Division in light of the large number of inspectors opting to retire early. These discussions culminated in an agreement being reached that key positions that were deemed essential in order to have an effective School Inspectorate could be filled. Some of these were promotions to higher positions. In addition to this in January 2012 the Department engaged the Public Appointments Service (PAS) to conduct recruitment competitions for primary and post primary inspectors.

The Teaching Council is the body responsible for the registration of teachers. Newly qualified primary teachers who are conditionally registered with the Council and who are seeking to obtain full registration as teachers must fulfil both service and professional competence conditions laid down by the Council. At present, primary inspectors conduct unanounced inspections of the work of these teachers in order to advise the Council regarding the professional competence condition for registration. The Inspectorate has planned its inspection programme for the period to June 2012 to ensure that, as far as possible, newly qualified primary teachers who will be able to fulfil the service requirement by 30 June 2012 will be inspected by that date for the purpose of fulfiling the professional competence requirement for full registration with the Council.

Redundancy Payments

Simon Harris

Question:

162 Deputy Simon Harris asked the Minister for Education and Skills if his attention has been drawn to the delay being experienced by former special needs assistants for their redundancy payments, some of whom will have to wait in excess of six months before receiving their payments; his views on whether this is an acceptable situation; the steps he will take to rectify the situation; and if he will make a statement on the matter. [12301/12]

Extra resources were assigned to the Redundancy Unit at the end of October 2011 to ensure that Special Needs Assistants who have been made redundant would have their claims for payment processed as quickly as possible. The assignment of the staff has helped to reduce the period of the backlog significantly.

A large volume of redundancy applications were received during the period July-September 2011. Applications received during those months are currently being processed in date order of receipt and every effort is being made, within the resources available, to process these applications as quickly as possible. Once the large number of applications received during this period are processed the current backlog shall be reduced further.

The Deputy will appreciate that in the context of the employment control framework it is only possible to reassign limited staffing resources from within the existing staff cohort of my Department to deal with redundancy payments whilst at the same time ensuring that other priority functions such the payment of teachers on a fortnightly basis continues.

Simon Harris

Question:

163 Deputy Simon Harris asked the Minister for Education and Skills if he will expedite the redundancy payments owed to a person (details supplied) in County Wicklow who used to be employed as a special needs assistant and will not receive any redundancy pay until April 2012 at the earliest despite applying for payment in September 2011; and if he will make a statement on the matter. [12302/12]

An application for redundancy from the person referred to by the Deputy was received by my Department on 21st September 2011. A large number of applications were received during the period July-September 2011. Applications received during those months are currently being processed. Applications are processed in date order of receipt with some priority given to those SNAs who have not obtained alternative employment in a non-teaching capacity in primary, secondary or community/comprehensive schools in the current school year. Every effort is being made, within the resources available, to process these applications as quickly as possible.

Simon Harris

Question:

164 Deputy Simon Harris asked the Minister for Education and Skills, further to Parliamentary Question No. 65 of 28 September 2011, the number of additional staff who have been transferred within his Department’s payroll division to expedite the payment of redundancy money to former special needs assistants; and if he will make a statement on the matter. [12303/12]

My Department is responsible for the payment of ninety thousand serving and retired teachers, special needs assistants and certain clerical officers and caretakers on a fortnightly basis. The priority of the Department is to ensure that those personnel are paid correctly and on time each fortnight.

Another priority is to process the redundancy applications for special needs assistants which have increased substantially in the last two years as quickly as possible. The Deputy will appreciate that in the context of the employment control framework it is only possible to reassign limited additional staffing resources from within the existing staff cohort of my Department to deal with redundancy payments whilst at the same time ensuring that other priority functions such the payment of teachers on a fortnightly basis continues.

Accordingly, the number of staff assigned and the periods of their assignment have varied. Overall since late October, approximately ten additional staff members have been temporarily re-assigned to the Redundancy Unit from various Sections of my Department.

Simon Harris

Question:

165 Deputy Simon Harris asked the Minister for Education and Skills the total number of redundancy applications in respect of special needs assistants he has received over the past 12 months; the number of applicants who have received their payments; the number outstanding; the average time applicants must wait to receive their payment; if he is satisfied with this waiting time; and if he will make a statement on the matter. [12304/12]

A total of 1,101 redundancy applications in respect of Special Needs Assistants was received by my Department in the 12 months from January to December 2011. During that same period, 627 redundancy payments (totalling in excess of €4.9 million) were paid to Special Needs Assistants.

383 redundancy applications are currently being processed by the Redundancy Unit and payment in respect of those will issue as soon as possible. Up to the end of February 2012, a further 450 applications (approx) have been received. These applications will be processed in date order of receipt with some priority given to those SNAs who have not obtained alternative employment in a non teaching capacity in primary, secondary or community/comprehensive schools in the current school year.

Every effort is being made, within the resources available, to process redundancy applications as quickly as possible. Extra resources were assigned to the Redundancy Unit at the end of October 2011 to ensure that Special Needs Assistants that have been made redundant would have their claims for payment processed as quickly as possible.

School Discipline

Finian McGrath

Question:

166 Deputy Finian McGrath asked the Minister for Education and Skills the position regarding the case of a person (details supplied). [12315/12]

Section 29 of the Education Act 1998 provides for an appeal by a parent or guardian to the Secretary General of my Department, or in the case of a Vocational Educational Committee (VEC) school to the VEC in the first instance, where a Board of Management of a school, or a person acting on behalf of the board, refuses to enrol a student in a school, expels a student or suspends a student for 20 or more days in any school year. My Department has no authority to compel a school to admit a pupil, except in the case of an appeal under section 29 of the Education Act, 1998 being upheld.

My officials have been in contact with the National Educational Welfare Board (NEWB) on this matter. The NEWB has confirmed that it has received notification from the school authorities of their intention to expel the pupil in question. My officials also understand from the NEWB that 20 school days have not passed since the formal notification from the school authorities.

EU Funding

Pearse Doherty

Question:

167 Deputy Pearse Doherty asked the Minister for Education and Skills if he will confirm that additional funding was provided by him in 2011 to enable a number of redundant Dell workers complete third level education courses that had been commenced with European Globalisation Fund, EGF, funding but owing to the closure of the Dell EGF funding programme required additional funds from his Department; the number of workers involved; the total amount of funding provided; if he will publish the letter sent by an official of his Department (details supplied) to FÁS on 21 February 2011 providing funding for a further academic year for qualifying workers; if he will make similar arrangements for EGF eligible redundant workers from all EGF programmes who are currently enrolled in third level courses but may have to withdraw from those courses due to EGF programme deadlines; and if he will make a statement on the matter. [12321/12]

I can confirm that €299,737 was provided by my Department in 2011 to enable a number of redundant DELL workers undertake an additional academic year on third level education courses that had been commenced with European Globalisation Fund funding. This funding covered fees which would have otherwise been payable by the individuals concerned for the courses provided by Universities (€140,599), IOTS (€114,676) and Griffith College (€44,462). FÁS is currently examining its records to see if funding was provided to other private colleges other than Griffith College and I will forward any further information to the Deputy.

As was clearly indicated in the letter referred to by the Deputy, the decision to extend support to the Dell students for the 2011/12 academic year was based solely on the basis of understandings (based on an incorrect interpretation of the rules governing the Fund) that support for this academic year fell within the scope of the Fund. It was also made clear that these concessionary arrangements would not extend beyond the academic year 2011/12 regardless of the duration of the programmes involved. The question of similar arrangements for redundant workers, on other EGF programmes does not arise.

All EGF programmes are strictly time limited in accordance with the requirements of the relevant EU legislation and eligible redundant workers are so informed. Students in publicly funded institutions on programmes of longer duration may be eligible for support in accordance with the regulations governing the operation of the Department's Free Fees and student support schemes dependent on their individual circumstances.

Career Guidance

Michael Healy-Rae

Question:

168 Deputy Michael Healy-Rae asked the Minister for Education and Skills in view of the fact that it is a condition of the Education Act that career guidance be provided in our schools, if he will detail the minimum requirement or the requirement in general to be provided under the Act; and if he will make a statement on the matter. [12345/12]

My Department has just recently published Circular 0009/2012 to inform all post primary school management and staff of the staffing arrangements for post-primary schools for the 2012/13 school year, including in particular, the requirements to manage guidance from within the standard allocation. The circular is available on the Department website. Schools will have autonomy on how best to prioritise its available resources to meet its requirements in relation to guidance and the provision of an appropriate range of subjects to its students. Decisions on how this is done will be taken at school level and I am confident that schools will act in the best interest of students when determining precisely how to use the teaching resources available to them.

Third Level Institutions

Michael McCarthy

Question:

169 Deputy Michael McCarthy asked the Minister for Education and Skills, further to Parliamentary Questions Nos. 224, 225 and 227 of 31 January 2012, when a reply will issue; and if he will make a statement on the matter. [12373/12]

As previously advised, the information requested by the Deputy is not readily available within my Department. I requested the HEA, at the time, to contact the seven universities with a view to obtaining as much information as is possible. This information, where available, has been forwarded to the Deputy. However, it should be noted that given differences between the various university management and financial information systems, it is difficult to collect consistent and comparable data.

Details, as requested, on rental costs and travel expenses incurred by the seven universities in 2010 and 2011 have also been forwarded to the Deputy. I have also forwarded copies of each university's travel policy. It has not been possible to disaggregate travel costs incurred within the EU and outside the EU.

In relation to question 224, my Department does not provide an allocation to universities for hospitality and entertainment. The Higher Education Authority allocates an annual core recurrent grant to each institution and it is a matter for the institution to determine how this funding is allocated internally. I have also been informed by the HEA that information on expenditure of this nature by the universities is not readily available and that the level of information requested by the Deputy would require a very substantial amount of administrative time to identify and extract the full range of details sought.

Rollú Scoile

Robert Dowds

Question:

170 D’fhiafraigh Robert Dowds den Aire Oideachais agus Scileanna an bhfuil aon réamh-mheastachán déanta ag a Roinn ar an méid breitheanna a mheastar a bheidh ann sa todhchaí (go dtí 2025) agus cén éifeacht a bheidh leis na huimhreacha seo ar líon na bpáistí a bheidh ag freastal ar bhunscoileanna; agus má tá, an bhfuil sé sásta na réamh-mheastacháin sin a fhoilsiú go luath. [12382/12]

Tugann an nasc thíos le suíomh gréasáin na Roinne Oideachais agus Scileanna sonraí faoi réamh-mheastacháin de rollú lánaimseartha sna hinstitiúidí oideachais go léir a dtugann an Roinn seo cabhair dóibh ag an gCéad, an Dara agus ag an Tríú Leibhéal agus ag Leibhéal an Bhreisoideachais (san áireamh eolas faoi bhoinn tuisceana bunúsacha éagsúla maidir le déimeagrafaic agus coinneáil): http://www.education.ie/servlet/blobservlet/stat_proj_enrolments_2011.pdf.

Tá réamh-mheastacháin rollaithe do na scoileanna go léir ag an mBunleibhéal le fáil i dtábla 1. Scaoilfear réamh-mheastacháin leasaithe i leith blianta níos deireanaí ar shuíomh gréasáin na Roinne a luaithe is a mbíonn siad le fáil.

Robert Dowds

Question:

171 D’fhiafraigh Robert Dowds den Aire Oideachais agus Scileanna cé mhéad páistí nua a thosaigh i mbunscoileanna tar éis inimirce ó thíortha eile sna blianta 2005, 2006, 2007, 2008, 2009, 2010 agus 2011. [12383/12]

Robert Dowds

Question:

172 D’fhiafraigh Robert Dowds den Aire Oideachais agus Scileanna cé mhéad páistí a d’fhág bunscoileanna ar eisimirce go tíortha eile sna blianta 2005, 2006, 2007, 2008, 2009, 2010 agus 2011. [12384/12]

Tógfaidh me Ceisteanna Uimh. 171 agus 172 le chéile.

Tá an t-eolas atá á lorg ar fáil ar an tábla ceangailte. Tá an t-eolas ar fáil freisin sa rannóg Staitisticí ar láithreán gréasáin mo Roinne:

2004/05

2005/06

2006/07

2007/08

2008/09

2009/10

2010/11

Lucht fágála a chuaigh ar imirce idir 1 Deireadh Fómhair agus 30 Meán Fómhair den bhliain acadúil roimhe sin.

2,133

2,050

2,260

2,657

3,280

3,474

3,414

Iontrálaithe ó scoileanna lasmuigh d’Éirinn (lena n-áirítear Thuaisceart Éireann)idir 1 Deireadh Fómhair agus 30 Meán Fómhair den bhliain acadúil roimhe sin.

4,789

6,282

8,339

8,607

6,548

4,202

3,747

Schools Refurbishment

Pat Breen

Question:

173 Deputy Pat Breen asked the Minister for Education and Skills the position regarding an application in respect of a school (details supplied) in County Clare; and if he will make a statement on the matter. [12403/12]

The school referred to by the Deputy submitted an application for funding under my Department's Emergency Works Scheme to carry out various improvement works to their school building. My Department's Planning and Building Unit has requested further information from the school authority in relation to this application. When this information is received a final decision will be communicated to the Board of Management.

Question No. 174 answered with Question No. 160.

School Enrolments

Terence Flanagan

Question:

175 Deputy Terence Flanagan asked the Minister for Education and Skills the position regarding a secondary school (details supplied) in Dublin 5; and if he will make a statement on the matter. [12439/12]

The position in relation to entrance fees is that a key requirement for all recognised schools in the Free Education Scheme is that the school does not operate a charge, in whatever form, that is in effect a mandatory fee and that is contrary to the principle of not charging fees. Voluntary contributions may be sought from parents, provided it is made clear to parents that there is no compulsion to pay and that a child's place in the school or continued enrolment is not dependant on a willingness to make a contribution.

Registration fees are sometimes requested by schools in order to avoid "double booking" of pupils in schools. Under current arrangements, schools are allowed to request a booking fee/registration fee when considering applicants for enrolment, provided this is refundable at all times following a decision on enrolment. The Department is strongly supportive of the integration of ICT tools and techniques into teaching practice. The Department's ICT in schools programme sets out a clear agenda to be pursued in this regard and schools are very much encouraged to plan for the integration of ICT into teaching practice as part of their Whole School Planning process.

However, decisions on the specific ICT devices used to support teaching and learning and the extent to which such technology is used in place of traditional textbooks is an operational matter for the Board of Management of each school and my Department has no role at individual school level in approving such initiatives. I believe it is important that where new technology is being adopted by schools, the costs of this transition are borne in mind by schools so that parents are not left in a difficult financial situation.

Teachers’ Remuneration

Sean Fleming

Question:

176 Deputy Sean Fleming asked the Minister for Education and Skills if he will provide savings that could be made to payroll costs across his Department and all primary, second level and third level educational institutions if annual remuneration was reduced in line with the following scale (details supplied); and if he will make a statement on the matter. [12450/12]

The details requested by the Deputy are not readily available. My Department will arrange to compile and forward the details requested as soon as possible.

Departmental Functions

Joe Higgins

Question:

177 Deputy Joe Higgins asked the Minister for Education and Skills the way the transfer of responsibilities for skills development to his Department impacts on the budget for other crucial areas of his Department’s expenditure such as primary education. [12465/12]

Under the Employment Programmes and Services and Skills Training (Transfer of Departmental Administration and Ministerial Functions) Order 2010, the functions of the Department of Enterprise, Trade and Employment in relation to FÁS were transferred to the renamed Department of Education and Skills from 1 May 2010. As a result of this transfer, €452 million (8 month costs) was added to the 2010 allocation of Vote 26: Education and Skills in respect of these services. Subsequently, the Department of Social Protection, following the commencement of the relevant sections of the Social Welfare (Miscellaneous Provisions) Act 2010, assumed funding and overall responsibility for FÁS employment services and programmes, resulting in €462 million, being the 2011 allocation for these services and programmes, transferring to the Vote of the Department of Social Protection Vote with effect from 1 January 2011.

In determining my Department's overall annual expenditure allocations for 2011 and 2012, all aspects of the Department's programmes and services were examined, given the requirement to effect expenditure savings on the Education and Skills Vote, while at the same time, however, endeavouring to protect as much as possible front-line services in the Education Sector. This protection includes the filling of teacher vacancies that arise, as an exception to the general moratorium on the filling of public sector vacancies. Thus, while Budget 2012 implemented a range of savings across the Vote for my Department, expenditure on First-Level Education Grants and Services as contained in the Revised Estimates Volume, shows an increase from €3,081 million in 2011 to €3,109.4m in 2012 — an increase of 1%. This compares to an overall decrease of 2% in the 2012 Vote for my Department, when compared to the provisional outturn for 2011.

School Enrolments

Willie O'Dea

Question:

178 Deputy Willie O’Dea asked the Minister for Education and Skills if his attention has been drawn to the fact that the local selection procedure for places in second level schools in Limerick city is giving rise to a great deal of controversy; if he will outline precisely what this selection procedure is; the criteria for the selection; and if he will make a statement on the matter. [12471/12]

The Deputy will be aware that a Common Application System was agreed between the principals of the post-primary schools in Limerick City. This system is facilitated through the Limerick Education Centre with support from my Department. Whilst this administrative system ensures that a co-ordinated approach can be taken to enrolments in the area, each school authority, in accordance with the Education Act, 1998, retains autonomy in relation to its own enrolment policy.

It is the responsibility of the managerial authority of any school that is not in a position to admit all pupils seeking entry to implement an enrolment policy in accordance with the Education Act 1998. In this regard a board of management may deem it necessary to restrict enrolment to children from a particular age group or to children living in a particular area or on the basis of some other criterion. Section 29 of the Education Act 1998, provides parents with an appeal process where a Board of Management of a school or a person acting on behalf of the Board refuses enrolment to a student.

The National Educational Welfare Board (NEWB) is the statutory agency which can assist parents who are experiencing difficulty in securing a school place for their child. The Board can be contacted at National Educational Welfare Board, National Headquarters, 16-22 Green Street, Dublin 7 or by telephone at 01-8738700. The Deputy will also be aware that last June, I launched a discussion paper on school enrolment. The document, "Discussion Paper on a Regulatory Framework for School Enrolment" contains suggestions on how to make the process of enrolling in schools more open, equitable and consistent.

I have made it clear that the paper was not meant to be prescriptive, nor have any decisions been made as to what elements will be contained in any final regulations or legislation. The purpose of the paper was to lead and provoke debate on enrolment policies and practices. I invited education partners and interested parties to submit their views to my Department by the 28th of October last and my officials are now co-ordinating the submissions received. The feedback from this consultation will help inform the nature and scope of a new regulatory framework for school enrolment.

Question No. 179 answered with Question No. 160.

Schools Building Projects

Brendan Smith

Question:

180 Deputy Brendan Smith asked the Minister for Education and Skills the position regarding a proposed building project (details supplied) in Dublin 7; when it will proceed to the next stage; the likely timescale for construction; the level of accommodation to be provided; and if he will make a statement on the matter. [12507/12]

As the Deputy is aware, an application for planning permission forms part of the site acquisition process for the school to which he refers. A draft design for the school was discussed with the school authority and the design is currently being revised in light of those discussions. The current position of all projects on the school building programme, including this project, may be viewed on my Department's website at www.education.ie. Details in relation to projects are updated regularly during the year.

As the Deputy is also aware, I have already indicated in the context of the announcement on the 10th November 2011 last of the Government's Medium Term Infrastructure and Capital Investment Framework, which sets out the demographic challenge facing the education system in the coming years, that I intend to publish shortly a five year plan outlining the projects that will commence construction in that time.

Question No. 181 answered with Question No. 160.

School Curriculum

Finian McGrath

Question:

182 Deputy Finian McGrath asked the Minister for Education and Skills if he will consider the teaching of Mandarin in our schools as part of the curriculum. [12516/12]

There are a range of foreign languages available on the curriculum in schools -- French, German, Spanish, Italian, Russian, Japanese and Arabic. Mandarin Chinese is not currently on the curriculum. It is not possible in the current budgetary situation to expand the range of languages available in the post primary curriculum. However, the availability of Transition Year and the option of school developed short courses proposed as part of junior cycle reform will, in the future, give opportunities to schools to provide additional languages, including Mandarin Chinese, if they wish to do so.

Question No. 183 answered with Question No. 160.

Disadvantaged Status

Stephen S. Donnelly

Question:

184 Deputy Stephen S. Donnelly asked the Minister for Education and Skills the criteria under which DEIS schools are classified as either DEIS rural or DEIS urban; the procedure for seeking a reclassification for a formerly rural school which has become urbanised due to urban sprawl; and the time taken for this process to be complete. [12611/12]

DEIS (Delivering Equality of Opportunity in Schools), the action plan for educational inclusion, provided for a standardised system for identifying levels of disadvantage and an integrated School Support Programme (SSP). The process of identifying schools for participation in DEIS was managed by the Educational Research Centre (ERC) on behalf of the Department and supported by quality assurance work co-ordinated through the Department's regional offices and the Inspectorate. There are 864 schools in DEIS. These comprise 669 primary schools (198 Urban Band 1, 144 Urban Band 2 and 327 Rural) and 195 second-level schools.

Band 1 schools are those 198 urban/town primary schools with the highest concentrations of disadvantage. Primary schools serving rural communities, including towns with populations below 1,500, are designated as Rural. The indicators used in identifying schools for participation in DEIS took into account the differences between urban and rural disadvantage.

While a key priority for me is to continue to prioritise and target resources at schools with the most concentrated levels of educational disadvantage, the current economic climate and the challenge to meet significant targets on reducing public expenditure, particularly given the upward pressures on teacher numbers and in the context of operating under a fixed ceiling on teacher numbers affords no capacity to provide for additionality to the DEIS programme, including reclassification from rural to urban.

Questions Nos. 185 and 186 answered with Question No. 140.

Departmental Bodies

Seán Crowe

Question:

187 Deputy Seán Crowe asked the Minister for Education and Skills the number of persons working in the State Examination Commission who have availed of the early retirement scheme; if he will provide a breakdown of the posts directly affected by staff taking early retirement; and the provision that has been put in place to ensure the smooth running of the examination process. [12662/12]

The State Examinations Commission has statutory responsibility for operational matters relating to the certificate examinations including matters relating to the running of the examinations system following any recent retirements. In view of this, I have forwarded the Deputy's query to the State Examinations Commission for direct reply to the Deputy.

Disadvantaged Status

Charlie McConalogue

Question:

188 Deputy Charlie McConalogue asked the Minister for Education and Skills if a school (details supplied) was included in the recent review of DEIS schools; if not included, if he will explain the reason it was not included; and if he will make a statement on the matter. [12664/12]

Charlie McConalogue

Question:

189 Deputy Charlie McConalogue asked the Minister for Education and Skills if a school (details supplied) was included in the recent review of DEIS schools; if so, the reason his decision not to keep the legacy post was not reversed; and if he will make a statement on the matter. [12667/12]

I propose to take Questions Nos. 188 and 189 together.

Due to conflicting numbers of posts being reported as potentially lost to DEIS Band 1 and Band 2 urban primary schools it was necessary to obtain clarity with regard to the net effect of a range of factors on teacher allocations in these schools; for example, increasing and decreasing enrolments, the reforms to the existing teacher allocations process and up to date enrolments, all of which contribute to determining the staffing requirement for these schools for 2012/13 school year. The Report on the net impact, in terms of posts, of Budget measures on these DEIS Band 1 and Band 2 urban primary schools, that still had additional posts allocated under disadvantage schemes pre-dating DEIS, was published on 21 February 2012.

The School to which the Deputy refers was not included as part of this Report, as it is a DEIS rural primary school. Of the 328 DEIS Rural primary schools, 16 of these schools with legacy posts will lose one teaching post each. It should be noted that the overwhelming majority of DEIS Rural Primary Schools have not been affected by this decision. A letter has issued from my Department to the school referred to by the Deputy in relation to the withdrawal of posts from previous disadvantage schemes.

Question No. 190 answered with Question No. 143.

School Patronage

Brendan Ryan

Question:

191 Deputy Brendan Ryan asked the Minister for Education and Skills regarding the patronage process for the new secondary school in County Dublin, the number of children who reside in the parish (details supplied) and are included within the submission for patronage from the vocational education committee as declaring a preference for a VEC community college in the town; and if he will make a statement on the matter. [12687/12]

Brendan Ryan

Question:

192 Deputy Brendan Ryan asked the Minister for Education and Skills regarding the patronage process for the new secondary school in County Dublin, the number of children who reside in the parish (details supplied) and are included within the submission for patronage from the Educate Together body as declaring a preference for an Educate Together second level school in the town; and if he will make a statement on the matter. [12688/12]

I propose to take Questions Nos. 191 and 192 together.

As the Deputy is aware, in June 2011 I announced that 20 new primary and 20 new post-primary schools are to be established in the next six years across a number of locations. This announcement included a proposal to establish a new post-primary school in the area referred to by the Deputy. This school is to be established in September 2013. The closing date for receipt of applications for patronage of the post-primary schools to be established in 2013 and 2014 was Friday 24th February 2012.

Under the application criteria for patronage, applicants were required to provide evidence of parental demand by signing up lists of parents who expressed interest in having their children educated in their new school. They were also required to confirm willingness to enrol children in the area for whom the Department has identified the need for a school. The Forward Planning Section of my Department will assess all applications in line with the announced criteria and will prepare a report for submission to the New Schools Establishment Group, which will in turn submit its report to me for final consideration and decision. Details of the new arrangements for patronage of new schools and the criteria for deciding on patronage of these new schools are available on my Department's website, www.education.ie.

Schools Funding

Tom Barry

Question:

193 Deputy Tom Barry asked the Minister for Education and Skills the amount of funding distributed among vocational and voluntary sector second level schools in Fermoy and Mallow, County Cork, between 2000 and 2012. [12706/12]

The information requested will be collated and forwarded to the Deputy shortly.

Teaching Qualifications

Patrick O'Donovan

Question:

194 Deputy Patrick O’Donovan asked the Minister for Education and Skills the number of teachers currently being paid by him who are not registered with the Teaching Council; if he will provide details of the numbers as they apply at primary and secondary level; and if he will make a statement on the matter. [12712/12]

The information as requested by the Deputy for teachers in primary, secondary and community/comprehensive schools is not available. As the Deputy will be aware, it is my intention to commence Section 30 of the Teaching Council Act following the enactment of the Education (Amendment) Bill 2012. This will prohibit the employment of unregistered teachers except in very limited circumstances. The numbers of unregistered persons who have acquired employment rights in schools will be determined following the completion of the transfer of data from the Teaching Council. This can only happen following enactment of the Bill.

Freedom of Information

Gerry Adams

Question:

195 Deputy Gerry Adams asked the Minister for Education and Skills if he will provide a breakdown of the total fees received in his Department for freedom of information requests and the number of individual requests in each of the years 2002 to 2011, inclusive. [12724/12]

Gerry Adams

Question:

196 Deputy Gerry Adams asked the Minister for Education and Skills if he will provide a breakdown of the number of freedom of information requests submitted in the years 2002 to 2011, inclusive, to his Department; the total amount of fees charged and fees received in each year; the number and amount of initial search fees paid and the number and amount of search and retrieval fees paid. [12740/12]

I propose to take Questions Nos. 195 and 196 together.

The table sets out the number of freedom of information (FOI) requests received by the Department from 2002 to 2011, along with a breakdown of the fees received in respect of those requests. I have endeavoured to answer your questions as comprehensively as possible, however, it was not possible to provide financial details in respect of 2002 because the Department's financial system was not computerised until 2003:

Year

Total Requests Received

Total Fees Received

Total Search and Retrieval Fees Received

2002

1,948

2003

2,736

€1,155

€60

2004

1,840

€4,440.18

€1,225.18

2005

3,716

€4,515.71

€2,415.71

2006

1,108

€2,190

0

2007

470

€2,478

€893

2008

457

€4,802.87

€1,637.87

2009

569

€3,327.80

€1,177.40

2010

796

€2,626.27

€501.27

2011

1,170

€3,558.78

€1,213.78

Question No. 197 answered with Question No. 140.

School Transport

Tom Fleming

Question:

198 Deputy Tom Fleming asked the Minister for Education and Skills the steps he is taking to address the cessation of the Forge Cross school pick-up point, Kilgarvan, County Kerry, which has been a designated school pick-up point for children for many years now; and if he will make a statement on the matter. [12773/12]

Under the terms of my Department's Post Primary School Transport Scheme children are eligible for transport where they reside not less than 4.8 km from and are attending their nearest education centre as determined by the Department/Bus Éireann, having regard to ethos and language.

Bus Éireann is responsible for the planning and timetabling of school transport routes. Bus Éireann is also responsible for designating the pick up and set down points to be used by their bus services. Occasionally, where Bus Éireann considers there is a risk to the safety of school children carried, to the safety of the service itself, or to the safety of other road users, it may become necessary to amend routes or pick up points on safety grounds. In these circumstances every effort is made to minimise any potential inconvenience to the families using the service. Bus Éireann endeavours, within available resources, to ensure that each eligible child has a reasonable level of school transport service in the context of the Scheme nationally.

Bus Éireann has advised that the children referred to in the details supplied are availing of a school transport service within the guidelines of the scheme. Bus Éireann has further advised that upon reviewing conditions at Forge Cross for picking up children, the company decided that the arrangement posed a safety risk which could be resolved by making a minor change to the location of the pick-up point. A more suitable pick-up point located about half a kilometre away has been nominated for the purpose of safely picking up the children each morning instead. There is no change to the afternoon arrangements because the children can be set down safely on their own side of the road.

Special Educational Needs

Pearse Doherty

Question:

199 Deputy Pearse Doherty asked the Minister for Education and Skills the numbers of special needs assistant whole-time equivalents employed at each primary and post-primary school in tabular form and broken down on a county basis as of December 2011 and the corresponding figures for December 2007, December 2009, December 2009 and December 2010; and if he will make a statement on the matter. [12785/12]

The number of Special Needs Assistants (whole time equivalent) employed nationally from 2007 to 2011 is available in the following document. The details for each year are the December figures for the year in question. The primary schools information is inclusive of the special schools details. The information in the detailed format requested by the Deputy is not readily available. However, the website of the National Council for Special Education (NCSE) does provide a specific breakdown of SNA allocations for the current school year which began last September. This can be accessed at www.ncse.ie.

SNAs are recruited specifically to assist in the care of pupils with disabilities in an educational context. The class teacher is responsible for educating all pupils in their class, including any pupil with a special educational need. In this task, the teacher may be supported by a learning support teacher and/or resource teacher. As a result, the allocation of SNAs in each school can alter from year to year. Some schools may receive an increased allocation, while others may experience a reduction because the allocation of supports are provided in line with the needs of individual schools.

The National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers (SENOs), for allocating special needs resources to schools to support children with special educational needs. The NCSE operates within the Department's criteria in allocating such support. The NCSE will continue to support schools, parents, children and teachers and special needs assistants will continue to be deployed to schools to meet children's needs in line with the Department's policy.

Year

Number of Special Needs Assistants in Primary schools

Number of Special Needs Assistants in Post Primary Schools, including VECs.

2007

8,038

1,786

2008

8,440

2,002

2009

8,392

1,950

2010

8,401

2,142

2011

8,105

1,257

Question No. 200 answered with Question No. 143.

Schools Refurbishment

Martin Heydon

Question:

201 Deputy Martin Heydon asked the Minister for Education and Skills the type of works that are envisaged to be included in the emergency works programme for primary schools; if this level and types of works has changed in recent years; and if he will make a statement on the matter. [12887/12]

The main purpose of the Emergency Works Scheme is to ensure the availability of funding for urgent works to those schools that are most in need of resources as a result of an emergency situation or on receipt of an enrolment application from a special needs pupil. An emergency is a situation which poses an immediate risk to health, life, property or the environment, which is sudden, unforeseen and requires immediate action and in the case of a school, if not corrected would prevent the school or part thereof from opening. Terms and conditions of the scheme were published in March 2011 and are available on my Department's website www.education.ie.

Appointments to State Boards

Gerry Adams

Question:

202 Deputy Gerry Adams asked the Minister for Education and Skills if the chief executive officer of Rehab (details supplied) is a member of any State board; and the remuneration, expenses or other payments she receives for such membership. [13243/12]

The CEO of Rehab is not a board member of an agency under the aegis of my Department.

National Lottery

Charlie McConalogue

Question:

203 Deputy Charlie McConalogue asked the Minister for Public Expenditure and Reform his plans for the future of the national lottery; and if he will make a statement on the matter. [12206/12]

Charlie McConalogue

Question:

204 Deputy Charlie McConalogue asked the Minister for Public Expenditure and Reform if he will meet and engage with the lotto retailers in advance of any plans to privatise the national lottery; and if he will make a statement on the matter. [12212/12]

Charlie McConalogue

Question:

205 Deputy Charlie McConalogue asked the Minister for Public Expenditure and Reform his plans for maintaining retailers’ commission from lotto sales in the event of privatisation; and if he will make a statement on the matter. [12214/12]

I propose to take Questions Nos. 203 to 205, inclusive, together.

I announced on 10th November 2011, in the context of unveiling the Infrastructure and Capital Investment Framework 2012-2016, that the Government has decided to review a number of options regarding the future of the National Lottery. My Department is currently examining the various options with respect to the next Lottery licence and I expect to be in a position to revert to Government in the near future.

The Government's intention is to seek a large upfront payment to the State as part of the arrangements for the new licence, with some of the payment to be used to help fund the building of the proposed new National Paediatric Hospital. Any new arrangements for the National Lottery will also involve the continued provision of significant annual revenues from the Lottery for good causes. However, in advance of a final decision by Government on how to proceed on the matter, it would be premature for me to speculate at this stage on possible terms for the next licence.

In relation to retailers, I am cognisant of the important role which retailers play in the operation of the National Lottery. I am also aware of the importance to retailers of income from the Lottery, particularly in the present economic climate. I can assure the Deputy that the position of retailers will be taken into consideration in the context of any decision regarding the arrangements for the next Lottery licence.

Public Procurement

Brendan Griffin

Question:

206 Deputy Brendan Griffin asked the Minister for Public Expenditure and Reform the protection levels that exist for local enterprises competing in the public tendering process against foreign or non-local companies; if the immediate impact on the local economy is considered; the measures being taken to ensure that required standards can be met by new entrants to the market; if he is willing to review this matter; and if he will make a statement on the matter. [12497/12]

I am very aware that public procurement can be an important source of business for local enterprises. In general, SMEs' flexibility and ability to respond speedily to requirements can be advantageous in competing for local contracts. Current guidelines from my Department require public bodies to promote participation of small and medium-sized enterprises in the award of public contracts. The guidelines set out positive measures that contracting authorities are to take to promote SME involvement in a manner that is consistent with the principles and rules of the existing public procurement regulatory regime. The guidance also highlights practices that are to be avoided because they can unjustifiably hinder small businesses in competing for public contracts.

The key provisions of the guidance include:

supplies and general services contracts with an estimated value of €25,000 or more to be advertised on the www.etenders.gov.ie website;

less use of "restrictive" tendering procedures and greater use of "open" tendering;

ensuring that the levels set by contracting authorities for suitability criteria are justified and proportionate to the needs of the contract;

sub-dividing larger requirements into lots where this is practical and can be done without compromising efficiency and value for money;

the needs and possibilities for small businesses to compete and supply to be taken into account when setting up panels / framework arrangements;

and encouragement of small companies to combine with others to make a joint bid for a contract that they might not be in a position to perform on their own.

Public contracts above a certain value must be advertised EU wide and awarded to the most competitive tender in an open and objective process. The aim is to promote an open, competitive and non-discriminatory public procurement regime which delivers best value for money. It would be a breach of the rules for a public body to favour or discriminate against particular candidates on grounds of nationality and there are legal remedies which may be used against any public body infringing these rules. In this regard, it is worth pointing out that the open market regime also offers opportunities for Irish companies to win business abroad and reliable EU studies indicate that many Irish businesses are successful in this regard.

The Government will continue to review the situation in regard to SME participation in public procurement and where consistent with achieving value-for-money, probity and transparency, will seek to address any further issues that might be identified.

Departmental Agencies

Mary Lou McDonald

Question:

207 Deputy Mary Lou McDonald asked the Minister for Public Expenditure and Reform, following a meeting of the Committee of Public Accounts on 8 November 2011 when members were told the Department of Finance advised Campus Stadium Ireland Development that it would have to issue proceedings to recover VAT from Dublin Waterworld Limited, if he will confirm the instructions that were issued by his Department and if he was furnished with the opinions of both Campus Stadium Ireland Development’s legal advisers and taxation advisers on the VAT issue. [12646/12]

My understanding is that the Public Accounts Committee has been given access to Department of Transport, Tourism and Sport records among which is reference to the Department of Finance having indicated orally that it could not consent to abandoning an attempt to recover VAT in a case involving Campus Stadium Ireland Development. The relevant Vote section — which generally acts as a first contact point on a wide range of issues with the relevant line department and which at the time would have been part of the Department of Finance and is now part of my Department — has no record of any written instruction having been issued in this regard, nor any record of having received advice from CSID's advisers.

National Monuments

Patrick Deering

Question:

208 Deputy Pat Deering asked the Minister for Public Expenditure and Reform the funding available to improve access to and provide amenity areas at Tobinstown and the Brownshill Dolmen, County Carlow. [12702/12]

The Brownshill Dolmen is a national monument in State ownership and is under the care and management of the Office of Public Works. The dolmen is accessed from a small car park on the public road by means of a pathway. The dolmen, a small area around it, and the pathway are in State ownership. The car park is owned and managed by Carlow County Council. In 2009, additional strips of land were purchased alongside the pathway and at the area surrounding the dolmen. This provided improved access to the site. An interpretation panel is situated at the car park. The current budgetary position does not allow for further works to this site. Tobinstown, also known as Haroldstown, Dolmen is a national monument but it is not in State ownership and is not in the care of the Office of Public Works.

Freedom of Information

Gerry Adams

Question:

209 Deputy Gerry Adams asked the Minister for Public Expenditure and Reform if he will list the nature and amount of fees charged for freedom of information requests prior to the Freedom of Information (Amendment) Act 2003; and to explain the current fees system for freedom of information requests. [12734/12]

Section 47 of the Freedom of Information Act, 1997, inter alia, provides for the charging of a fee by a public body and for payment by the requester in respect of the grant of a Freedom of Information request of an amount equal to—

(a) the estimated cost of the search for and retrieval of the record concerned, and

(b) the estimated cost of any copy of the record made by the public body concerned for the requester concerned.

as determined by the head of the public body concerned.

Section 47 also provides for certain limitations and exemptions in respect of such fees. In summary these are:

No such search and retrieval fees can be charged when only personal information is contained in the record concerned unless the grant related to a significant number of records;

Copying charges shall be disregarded also if only personal information is contained in the record and it would not be reasonable, having regard to the means of the requester, to apply a charge;

Such fees could be waived or reduced when the record concerned would be of assistance to the understanding of a matter of national importance; and

Neither search and retrieval fees nor copying fees can be charged when the cost of collecting and accounting for the fee would exceed the amount of the fee.

The powers under Section 47 in respect of copying and search and retrieval fees were unaffected by the Freedom of Information (Amendment) Act, 2003 and the amount prescribed for such fees have remained unchanged since the legislation first came into effect. These are:

Search and retrieval: €20.95 per hour

Copying charges

Photocopy per sheet: €0.04

Floppy disk: €0.51

CD Rom: €10.16

Radiograph: €6.35

In 2003 the Freedom of Information (Amendment) Act introduced application fees for requests for non-personal information. The fees prescribed by Regulation under the amended Act are €15 for a Freedom of Information request for non-personal information, €75 for an internal review of a Freedom of Information decision and €150 for an appeal to the Information Commissioner. A reduced application fee structure applies to persons in possession of medical cards. The reductions are as follows: initial request €10, internal review €25 and €50 appeal to the Information Commissioner.

According to the most recent information available to my Department contained in the Annual Report of the Office of the Information Commissioner for 2010, of 15,249 Freedom of Information requests received by public bodies in 2010, 10,688 related to personal information in respect of which application fees do not apply for the initial request or any internal review or appeal to the Information Commissioner.

Public Procurement

Éamon Ó Cuív

Question:

210 Deputy Éamon Ó Cuív asked the Minister for Public Expenditure and Reform if Radio Teilifís Éireann is subject to public procurement guidelines in relation to the appointment of contractors and the purchase of services; if it is obliged to go to public tender to procure these services; and if he will make a statement on the matter. [12287/12]

The EU Commission has determined that public broadcasters funded through fee based systems such as the TV licence are subject to EU public procurement rules. These rules specifically do not apply to the acquisition, development, production or co-production of programme material intended for broadcasting by broadcasters and contracts for broadcasting time. However, the normal rules on public procurement are applicable to all other relevant procurement by such public broadcasters.

Sale of State Assets

Éamon Ó Cuív

Question:

211 Deputy Éamon Ó Cuív asked the Minister for Public Expenditure and Reform if he has any target figure to be realised from the sale of State assets broken down by State enterprise and the target in each case; and if he will make a statement on the matter. [12288/12]

As I have already told the House, I do not propose to indicate to the market how much I expect to raise from the sale of the individual assets contained in the programme of State asset disposals that I announced on 22 February. However, I can assure the Deputy that the sales will be transacted via an open, transparent and competitive process.

Land Transfers

Brendan Griffin

Question:

212 Deputy Brendan Griffin asked the Minister for Public Expenditure and Reform when the Office of Public Works will be in a position to transfer land to Kerry County Council for the provision of Derrynane Abbey Island burial ground; and if he will make a statement on the matter. [12602/12]

The Commissioners of Public Works have recently received sanction from the Department of Public Expenditure and Reform to transfer the land in question to Kerry County Council. The matter is now being finalised by the Chief State Solicitor.

Tax Code

Maureen O'Sullivan

Question:

213 Deputy Maureen O’Sullivan asked the Minister for Public Expenditure and Reform concerning the Estimates for public services, if he will confirm that taxpayer support to the horse-racing and greyhound fund is projected to be reduced in 2012 by 1.75% to €56.29 million; the amount of the projected spend of €56.29 million that is likely to be recouped by the Exchequer through direct taxation, that is, from taxes on betting; and if he will make a statement on the matter. [12652/12]

I wish to confirm that the taxpayer support to the Horse and Greyhound Racing Fund is €56.29 million as published in the recent Revised Estimates for Public Services 2012. The forecast for Betting Duty in 2012 is €34m which includes €10m for the extension of the betting duty to the online sector as per Budget announcement.

Question No. 214 withdrawn.

Freedom of Information

Gerry Adams

Question:

215 Deputy Gerry Adams asked the Minister for Public Expenditure and Reform if he will provide a breakdown of the total fees received in his Department for freedom of information requests and the number of individual requests in each of the years 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010 and 2011. [12731/12]

Gerry Adams

Question:

216 Deputy Gerry Adams asked the Minister for Public Expenditure and Reform if he will provide a breakdown of the number of freedom of information requests submitted in the years 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010 and 2011 to his Department; the total amount of fees charged and fees received in each year; the number and amount of initial search fees paid and the number and amount of search and retrieval fees paid. [12747/12]

I propose to take Questions Nos. 215 and 216 together.

Since the establishment of my Department in July of last year, the number of Freedom of Information (FOI) requests received to the end of December 2011 was 61. My Department received 56 non-personal requests and 5 personal requests. In accordance with the Freedom of Information (Amendment) Act 2003 an ‘up-front' fee of 15 euro must accompany a request for non-personal information, and 10 euro if the person is covered by a medical card. The total amount received in "up front fees" was 765 euro and 899 euro was received in respect of search and retrieval. There were six search and retrieval cases.

Office of the Ombudsman

Gerald Nash

Question:

217 Deputy Gerald Nash asked the Minister for Public Expenditure and Reform if he will consider designating the Arts Council as a body whose decisions are reviewable by the Office of the Ombudsman in the interests of good governance and transparency; and if he will make a statement on the matter. [12772/12]

The Ombudsman (Amendment) Bill 2008 completed all stages in the Dáil in June 2010 and is awaiting second stage in the Seanad. This Bill represents the most significant extension of the Ombudsman's remit in almost 30 years. On completion of its passage in the Dáil the main areas included in the Bill are third level education institutions, the Vocational Educational Colleges and the Courts Service.

The priority in terms of extending the Ombudsman's remit has been to identify public bodies currently outside her remit that have a significant interface with members of the public whose administrative actions have the potential to affect large numbers of people. The extension of the Ombudsman's remit to cover additional bodies or additional areas of work, beyond those already covered by the Ombudsman (Amendment) Bill 2008, will be reviewed in line with the Government Reform Agenda over the coming months. Bodies to be included or exempt will be agreed in the context of this review.

Human Rights Issues

Seán Kyne

Question:

218 Deputy Seán Kyne asked the Minister for Public Expenditure and Reform his views that it would be a highly positive measure, in the context of the reform of the public sector, if the Irish Human Rights Commission’s Human Rights Guide for the Civil and Public Service was updated from the 2010 edition, became part of all training areas and was distributed throughout the public service. [12824/12]

The Irish Human Rights Commission's (IHRC) Human Rights Guide for the Civil and Public Service makes an important contribution to the human rights agenda in Ireland. The updating of the 2010 edition is a matter for my colleague, the Minister for Justice and Equality and the IHRC. Organisational training strategies are aligned to civil service Departmental business objectives and are derived from training needs analyses and individual requirements identified through the Performance Management and Development System. In this context my Department will take the opportunity to advise civil service Departmental Training Units of the availability of the Guide.

Enterprise Support Services

Niall Collins

Question:

219 Deputy Niall Collins asked the Minister for Jobs, Enterprise and Innovation if there is currently or proposed a seed capital scheme for small business start up; and if he will make a statement on the matter. [12412/12]

A dynamic and healthy venture capital market is a prerequisite for the growth and development of high potential start-up companies in Ireland. Enterprise Ireland assists companies that wish to raise venture capital funding to grow their businesses, focusing on stimulating funding for companies that would have difficulty raising capital through traditional sources of finance. The agency's support for venture capital funds is undertaken through investment as a limited partner with other private investors on a pari passu basis. The management of these funds is in the hands of private sector Venture Capital fund managers who take investment decisions on a fully commercial basis.

Under the Seed and Venture Capital Scheme 2007-2012, Enterprise Ireland has acted as catalyst for the establishment of four Seed Capital Funds. These Funds have a total of €124m in seed monies under management. Enterprise Ireland can assist companies with contact details and specific areas of interest for the major Irish venture capital companies. In addition, the agency can assist with introductions to these specific venture capital funds.

Enterprise Ireland also continues to focus on the development of high potential start-up companies. This year, Enterprise Ireland is targeting the support of 95 High Potential Start Ups (HPSUs). Initiatives such as the Competitive Start Fund also provide critical early stage financing to entrepreneurs, while the €10m International Start-Up Fund encourages overseas entrepreneurs to locate start-up businesses in Ireland. Details of all these schemes are available on Enterprise Ireland's website, www.enterprise-ireland.com.

In November 2011 my colleague, the Minister for Finance, Michael Noonan, TD, announced a new Seed Capital Scheme to encourage individuals currently or formerly in employment to establish new business ventures. The scheme provides for a refund of tax already paid by an individual who sets up and takes employment in a new qualifying business. Further details are available from the Revenue Commissioners website, www.revenue.ie.

Terence Flanagan

Question:

220 Deputy Terence Flanagan asked the Minister for Jobs, Enterprise and Innovation when the loan guarantee scheme will be in place to help entrepreneurs (details supplied); and if he will make a statement on the matter. [12142/12]

With regard to the Temporary Partial Credit Guarantee Scheme, an Operator has been selected through a public tendering process and will be contracted by my Department to act as the agent for the practical oversight, management and operation of the Scheme. Primary legislation to underpin the Scheme is being urgently progressed with the Attorney General's Office, and a Credit Guarantee Bill will be published during this Spring session. The Guarantee Scheme will go live as soon as possible following enactment of the legislation in Quarter 2, 2012.

Participating lenders will administer the guarantee scheme and make all decisions on lending. Businesses seeking to avail of the guarantee scheme can approach a participating bank as soon as the scheme goes live. The Department will play no role in the individual loan application or decision making process.

Employment Support Services

Finian McGrath

Question:

221 Deputy Finian McGrath asked the Minister for Jobs, Enterprise and Innovation the position regarding the support services for self-employed persons who are out of work. [12208/12]

People who were previously self-employed and who are out of work can avail of the services of the state agencies for a range of supports. For those seeking employment, a variety of supports are available through the Department of Social Protection, including the services to jobseekers provided by FAS. Further details of services for jobseekers are available on the website www.fas.ie.

The Action Plan for Jobs, which I launched on 13 February, includes a number of initiatives which will support those wishing to start up new businesses, including:

The introduction of a microfinance fund to provide loans of up to €25,000 to small business start-ups.

A focus on improving bank lending practices to support job creation and on ensuring that lending targets for the pillar banks are met.

A commitment to maintaining a strong business development function in the Community Enterprise Centres, which provide both a support network for emerging entrepreneurs and micro industries.

A specific focus on supporting female entrepreneurs in a new Business Start-Up drive for women.

Additionally, and as outlined in the Action Plan for Jobs, I have been reviewing the structure of enterprise supports in recent months and, in particular, the role of the CEBs. A new "one-stop-shop" micro enterprise support structure will be established through the dissolution of the existing CEB structures and the creation of a new Micro Enterprise and Small Business Unit in Enterprise Ireland.

Enterprise Ireland will work with the Local Authorities to establish a new network of Local Enterprise Offices (LEOs). The LEOs will combine the enterprise support service previously provided by the CEBs and the business support work of the Business Support Units in the Local Authorities. This will provide an enhanced service to micro-enterprises through seamless access to both Enterprise Ireland expertise and the broader business services of the Local Authority. The intention is that the new LEOs will act as a focal point for a series of important new policy initiatives aimed at small businesses.

International Agreements

Mary Lou McDonald

Question:

222 Deputy Mary Lou McDonald asked the Minister for Jobs, Enterprise and Innovation, following Ireland's application to become a member of the Human Rights Council and the Irish tripartite adoption of the United Nations’ International Labour Organisation in June 2011, if it is his intention to ratify the ILO convention No. 189 on Decent Work for Domestic Workers 2012 and by doing so demonstrate his commitment to protecting human rights and decent work for all. [12244/12]

I welcome the successful outcome of discussions at the International Labour Conference (ILC) that lead to the adoption of a new International labour standard aimed at ensuring Decent Work for Domestic Workers. The final text of the draft Convention was one that the Irish Government was in a position to support and the Convention on Decent Work for Domestic Workers now becomes ILO Convention No. 189 supplemented by a Recommendation.

The issue of ratification by Ireland of this Convention is being considered in the context of our standard approach to the ratification of international instruments. In this regard, the Convention will be examined from the perspective of any changes that may be required to existing domestic legislation. However, it is important to note that domestic workers are protected by virtue of the fact that the full suite of employment rights legislation, including that of redress for violations of their employment rights, apply to domestic workers in the same way as they apply to other categories of employees in Ireland.

A voluntary Code of Practice for Persons Employed in Other People's Homes was developed under the Industrial Relations Act 1990. The Code sets out certain employment rights and practices for persons employed in other people's homes and encourages good practice and compliance with the law in such employment situations. In any proceedings before a court, or a workplace relations dispute resolution body, a code of practice shall be admissible in evidence and any provision of the code which appears to the court, body or officer concerned to be relevant to any question arising in the proceedings shall be taken into account in determining that question.

It is also worth pointing out that NERA has been carrying out an on-going pilot programme of inspections involving domestic workers. In general, cooperation levels among employers of domestic workers was high and compliance levels were on a par with other employer/employee relationships.

Industrial Disputes

Clare Daly

Question:

223 Deputy Clare Daly asked the Minister for Jobs, Enterprise and Innovation if he will instruct fellow Departments and State agencies to implement, as employers, recommendations made by the Labour Court over matters brought before it when industrial disputes arise in said Departments or State agencies. [12386/12]

Ireland's system of industrial relations is, essentially, voluntary in nature and responsibility for the resolution of industrial disputes is a matter for the parties involved. The system of industrial relations in Ireland is designed to help and support parties in their efforts to resolve their differences, rather than imposing a solution on the parties to an industrial dispute. It is expected that parties would come to the Labour Court in good faith and, would be prepared to accept the outcome of any process, including, Labour Court recommendation.

Responsibility for the settlement of a workplace relations dispute rests, ultimately, with the parties themselves. While it would be my wish that all employers in both the public and private sectors would observe Labour Court recommendations, given the voluntarist nature of the process, I am not in a position to instruct them to do so.

Employment Rights

Michelle Mulherin

Question:

224 Deputy Michelle Mulherin asked the Minister for Jobs, Enterprise and Innovation if he will consider changing the time restrictions for carer’s leave to allow applicants to stay on this scheme for a longer time; and if he will make a statement on the matter. [12424/12]

The Carer's Leave provisions 2001 to 2006 provide that a person may take leave to care for a person, who is deemed by the Department of Social Protection to be in need of such care. The original provisions of the 2001 Carer's Leave Act were amended by Section 48 of the Social Welfare Law Reform and Pensions Act 2006 which increased Carer's leave from 65 to 104 weeks. I have no plans at the moment to extend the statutory maximum further. Under the terms of the Act however, the employer and employee may agree to arrangements for Carer's leave that are more favourable to the employee than those set out in the Act.

Freedom of Information

Gerry Adams

Question:

225 Deputy Gerry Adams asked the Minister for Jobs, Enterprise and Innovation if he will provide a breakdown of the total fees received in his Department for freedom of information requests and the number of individual requests in each of the years 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010 and 2011. [12729/12]

Gerry Adams

Question:

226 Deputy Gerry Adams asked the Minister for Jobs, Enterprise and Innovation if he will provide a breakdown of the number of freedom of information requests submitted in the years 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010 and 2011 to his Department; the total amount of fees charged and fees received in each year; the number and amount of initial search fees paid and the number and amount of search and retrieval fees paid. [12745/12]

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

The table outlines the number of FOI requests received, the relevant fees paid as well as the overall amounts received in respect of FOI requests in each of the years 2002 to 2011:

Year

No of requests

Application Fee€

Internal Review application Fee€

Balance of Search and Retrieval paid€

Total Fees received€

2002*

205

N/A

N/A

912.88

912.88

2003

153

300.00

Nil

569.57

869.57

2004

62

600.00

375.00

240.79

1,215.79

2005

86

675.00

225.00

366.15

1,266.15

2006

71

600.00

375.00

580.93

1,555.93

2007

57

540.00

300.00

147.29

987.29

2008

85

880.00

375.00

346.07

1,601.07

2009

124

1,225.00

225.00

1,327.49

2,777.49

2010

104

975.00

225.00

673.77

1,873.77

2011

70

610.00

150.00

81.22

841.22

*Application fees only came into effect on 1st July 2003.

As regards the further breakdown of fees that the Deputy has requested in relation to initial search fees and search and retrieval fees, I can advise that this information would require the investment of significant time and resources and cannot, in the time available, be provided. If the Deputy has an interest in a particular year, I would be prepared to have this examined further.

Employment Rights

Jack Wall

Question:

227 Deputy Jack Wall asked the Minister for Jobs, Enterprise and Innovation his views on a matter (details supplied); the actions he plans to address the concerns raised; and if he will make a statement on the matter. [12832/12]

The Industrial Relations (Amendment) (No. 3) Bill 2011 was published on 22 December 2011. The Bill has completed Second Stage in the Dáil and is currently awaiting Committee Stage. The main purpose of the Bill is to implement the commitment in the Programme for Government to reform the Joint Labour Committee system. The reform of the legal framework for our statutory wage setting mechanisms is aimed at increasing employers' ability to retain and employ workers, particularly in sectors hard hit by the prevailing economic circumstances, such as the hospitality sector, and to facilitate necessary cross-sector adjustment.

In addition, the Bill provides for the more comprehensive measures required to strengthen the legal framework for the Employment Regulation Orders and Registered Employment Agreement sectoral wage setting mechanisms, under the Industrial Relations Acts 1946 to 2004, in the light of deficiencies in the original legislation identified in the July 2011 High Court judgment in the John Grace Fried Chicken case.

The fact that the process of making EROs has been found by the High Court to be unconstitutional, together with the identified lack of adequate Oireachtas scrutiny of this process, only underscores some of the main features of the recommendations for reform that were put forward by the Independent Review Report on these statutory wage setting mechanisms — the Duffy/ Walsh report. The commissioning of the independent review of the ERO and REA systems was one of the undertakings given by the last Government in the context of the EU and IMF-supported financial assistance programme for Ireland.

When enacted, this Bill, will implement the programme of reforms to the JLC/REA systems agreed by Government in July 2011. It will radically overhaul the system so as to make it fairer and more responsive to changing economic circumstances and labour market conditions. It will also reinstate a robust system of protection for workers in these sectors in the aftermath of the High Court ruling in the John Grace Fried Chicken case.

The principal measures in the legislation include:

JLCs will have the power to set a basic adult rate and two additional higher rates, based on length of service in the sector or enterprise concerned as well as the standards and skills recognised for the sector concerned.

JLCs will no longer set Sunday premium rates. In order to recognise the special status of Sunday working a statutory Code of Practice will be prepared by the LRC following submissions from employers and trade unions. This Code will provide guidance to both parties in the sectors covering EROs on the compensatory arrangements, including such additional amounts as are reasonable, for Sunday working and on the procedure to apply in the event of disputes concerning the varying entitlements to Sunday working.

Companies will be able to derogate from EROs and REAs in cases of financial difficulty. For this to occur, the Labour Court must satisfy itself that specified criteria have been met. Such derogation will be granted, for a limited period, in cases of proven economic difficulty, following consultation with the employees.

In setting rates, JLCs will have to take into account a series of economic and industrial relations factors.

The burden of compliance and record-keeping requirements for employers in these sectors will be reduced.

Providing for Ministerial involvement in the supervision of JLCs and in the making of orders to vary or revoke EROs.

Providing for use of civil remedies rather than an exclusive reliance on criminal sanctions.

The constitutionality of EROs and REAs will be restored through inclusion of robust principles and policies.

I am also proceeding with a series of complementary reforms to the JLC/REA systems which can be implemented without the need for legislative change, including:

Reducing the number of JLCs from 13 to 6;

Standardising benefits such as overtime through a nationally agreed protocol or Code of Practice, through the normal process of consultation with the employers and trade union interests.

From the beginning of this process I have been determined to strike a balance between protecting vulnerable workers and providing reforms that would make the systems more competitive and more flexible so as to allow the creation of jobs in these sectors.

From an employer's perspective, the overall effect of these reforms will be to substantially reduce the burden of record-keeping and compliance. This Bill will make the long-established minimum wage setting mechanisms fairer and more responsive to changing economic circumstances and will eliminate rigidities that are considered to have had a negative impact on competitiveness and jobs in the

Enterprise Support Services

John Lyons

Question:

228 Deputy John Lyons asked the Minister for Jobs, Enterprise and Innovation if he will provide information on State support for the cloud computing sector here; the way that he and relevant agencies are encouraging start-up businesses in this sector; the number of existing multinational companies that have received support to set up here; and if he has examined introducing cloud computing in his own operations. [12833/12]

The Government's Action Plan for Jobs outlines a number of actions which will be implemented in 2012 to support the Cloud Computing sector in Ireland. Such actions include:

Examining the potential for demonstration projects in cloud computing to promote Ireland as a centre of excellence for this technology, providing a reference site for Irish companies, while potentially lowering costs and improving services;

Supporting industry groups (e.g. Irish Internet Association) to develop and deliver a practical tool kit to assist SMEs in assessing the adoption of Cloud Computing for their business;

Ensuring that the ICT Skills Action Plan incorporates needs associated with the development of Cloud Computing in Ireland;

Developing a Cloud Computing Procurement Standard with industry experts through an NSAI Standards group;

Supporting research groups in areas of relevance to exploitation of cloud computing; and,

Delivering a Cloud Computing Technology Research Centre in order to support an industry led research and innovation agenda in this area.

With regard to the last two bullet points, I can confirm that a Cloud Computing Technology Centre is being established jointly by Enterprise Ireland and IDA Ireland. After an open consultation process with industry partners, a steering committee has begun the work of developing a detailed research agenda. This agenda formed the basis for the Initial Research Programme which will be undertaken by Dublin City University, University College Cork and Athlone Institute of Technology and will formally commence in the coming weeks. This phase will be funded by €1m over 12 months.

This research is particularly valuable in that, it not only includes considerations of the technical expertise and requirements to develop effective cloud computing platforms, but also incorporates the business acumen required to build new business models, end user requirements and novel ways to commercialise these platforms at the very outset of the research programme. This approach will continue to inform and drive the development of the ongoing research into this increasingly economically advantageous area. While this phase is running in 2012, an open competition will be held to establish a Host for the formal Technology Research Centre, which will allow for a significant scale up in activity over a 5 year period supported by €5m in exchequer funding.

While the Cloud Computing Technology Centre represents the primary mechanism through which Enterprise Ireland will assist the business sector to develop and acquire expertise Cloud Computing, Enterprise Ireland has, in addition, funded directly a number of Cloud Computing start-up companies through its High Potential Start Up Programme and its Competitive Start Fund and will continue to support start-up companies in this sector.

IDA Ireland has informed me that, at the end of 2011, it was supporting 67 client companies in the Computer, Electronic and Optical Equipment Sector that employed over 14,000 people. It is not possible, however, to state how many of these companies are focused solely on the Cloud Computing sector.

The question of introducing Cloud Computing in the Public Service is currently under consideration by my colleague, the Minister for Public Expenditure and Reform, who has committed, in accordance with the Acton Plans for Jobs, to developing a Cloud Computing Strategy for the Public Sector in 2012.

Redundancy Payments

Michael McCarthy

Question:

229 Deputy Michael McCarthy asked the Minister for Social Protection when payments will issue to former employees of a liquidated company (details supplied); and if she will make a statement on the matter. [12360/12]

Claims in respect of all the people concerned were processed for payment in February 2012.

Employment Support Services

Brian Walsh

Question:

230 Deputy Brian Walsh asked the Minister for Social Protection following the announcement that the JobBridge scheme has reached its target of 5,000 internships since it was launched, the proportion of these positions that related to host organisations based in Galway city and county; and if she will make a statement on the matter. [12759/12]

The National Internship Scheme was launched on 1st July 2011. The Scheme has made very significant progress to-date. Currently, in excess of 5,100 internship placements have commenced. The number of internship placements that have commenced in Galway City is 204. The number of internship placements that have commenced in Galway County is 106.

Social Welfare Appeals

Pat Breen

Question:

231 Deputy Pat Breen asked the Minister for Social Protection the position regarding an application in respect of a person (details supplied) in County Clare; and if she will make a statement on the matter. [12130/12]

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 13th 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 16th February 2012 and the appeal will, in due course, be assigned to an Appeals Officer for consideration. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Social Welfare Benefits

Simon Harris

Question:

232 Deputy Simon Harris asked the Minister for Social Protection if she will provide a detailed breakdown of the current rent allowance limits in Bray, County Wicklow, which were revised following a meeting between the Health Service Executive and her officials following the nationwide review of rent allowance limits; and if she will make a statement on the matter. [12136/12]

The new maximum rent limits which came into force on 1 January 2012 are in line with the most up to date market data available. The emphasis of the rent limit review was to ensure that value for money is achieved whilst at the same time ensuring that people on rent supplement are not priced out of the market for private rented accommodation. The analysis of the rental market for Wicklow carried out by the Department found that rental prices for Bray were having a distorting effect on the prices for Wicklow as a whole. Accordingly, for the purpose of establishing rent limits for Co. Wicklow, Bray was excluded and the Department indicated that this area would be managed separately.

Department officials have now carried out a separate analysis of the rental market in the Bray, Delganey and Greystones area. Local rent limits are now in place and are set out in the tabular statement.

Rent Supplement Rent limits for Bray, Greystones and Delgany

County

Single person in shared accommodation

Couple in shared accommodation

Single person

Couple with no children

Couple or one-parent family with 1 child

Couple / one-parent family with 2 children

Couple / one-parent family with 3 children

Bray, Greystones and Delgany areas

275

300

450

625

725

800

850

Community Employment Schemes

Pat Breen

Question:

233 Deputy Pat Breen asked the Minister for Social Protection her plans to review the criteria for entry to a scheme (details supplied); and if she will make a statement on the matter. [12143/12]

The criteria for participating on the Community Employment (CE) programme are based on age and length of time in receipt of various social welfare payments. The core eligibility criterion for CE is that the person is in receipt of a qualifying Social Welfare payment, as defined on the Department's public website. This requirement is based on Government policy and Departmental guidelines and has been the rule since CE commenced in 1994.

The aim of CE remains as an active labour market programme with the emphasis on progression into employment and/or further education and training. The programme is managed within this context, with consideration to the availability of resources and the needs of participants and the community. The CE programme is one of a range of training and employment programmes available for unemployed persons. All of these programmes have specific objectives and eligibility criteria that address the specific needs of a wide range of participants.

Unemployed persons who are not in receipt of the required social welfare payments can still participate on many education and training programmes. Such persons are advised to contact their local Employment Services Office where an Employment Services Officer will be happy to discuss the employment and training options that are open to them. Within the current very difficult budgetary constraints, the number of places on Community Employment will remain at 23,300 in 2012.

Michael McGrath

Question:

234 Deputy Michael McGrath asked the Minister for Social Protection if a person participating on a community employment scheme is required, on reaching their sixty-sixth birthday, to terminate their employment under the scheme; and if she will make a statement on the matter. [12167/12]

Michael McGrath

Question:

242 Deputy Michael McGrath asked the Minister for Social Protection if there is a rule that requires a community employment scheme supervisor to cease their employment on reaching the age of 66 years; and if she will make a statement on the matter. [12276/12]

I propose to take Questions Nos. 234 and 242 together.

The provisions of the Community Employment programme allow for funding by the Department of Social Protection of Community Employment (CE) Sponsors to employ participants and supervisors up to the last day of their 65th year, at which point the entitlement to a state pension becomes available. Consequently, funding from my Department for such participants ceases on their 66th birthday, in line with the aims and objectives of the programme under Government Labour Market Intervention policies.

For a person who has already reached 66 years of age, no funding would be available for the Sponsor to cover their wages. Additionally, CE was specifically set up as a labour market intervention with a defined target population, including long-term unemployed and other disadvantaged groups, to ultimately assist them to return to the labour market. Pensioners were not in the target population for this programme. It should be noted that Section 34(4) of the Employment Equality Acts 1998-2002, provide: ‘it shall not constitute discrimination on the age ground to fix different ages for retirement (whether voluntary or compulsory) of employees on any class or definition of employee'.

Social Welfare Appeals

John Lyons

Question:

235 Deputy John Lyons asked the Minister for Social Protection, further to Parliamentary Question No. 340 of 11 January 2012, if an update can be provided on the disability appeal of a person (details supplied); and on an appeals officer being assigned to the case. [12180/12]

The Social Welfare Appeals Office has advised me that, further to my reply to Parliamentary Question No. 340 of 11 January 2012, the appeal was assigned to an Appeals Officer on 16 January for consideration. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Employment Support Services

Dominic Hannigan

Question:

236 Deputy Dominic Hannigan asked the Minister for Social Protection if she is reviewing the criteria of JobBridge to allow persons who receive a disability allowance to participate in the scheme; and if she will make a statement on the matter. [12204/12]

The National Internship Scheme provides internship opportunities of either 6 or 9 months for unemployed individuals on the Live Register, in organisations in the private, public and community voluntary sectors. The scheme is limited to individuals who are currently on the Live Register and have been in receipt of Jobseekers Allowance/Benefit or are signing on for credits for at least 3 of the last 6 months. My Department continues to monitor and review the operation of the JobBridge scheme including its eligibility criteria on an ongoing basis.

The eligibility to access the National Internship Scheme is based on the overall objective of labour market policy in ensuring a pathway to appropriate employment, training and education opportunities for those on the Live Register. It is important that as employment opportunities become available they are taken up by those on the Live Register. The structure for achieving this objective is through a reinvigorated National Employment Action Plan (NEAP) which currently provides the framework for engaging with the unemployed.

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

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

Our Department continues to monitor and review the operation of the JobBridge scheme including its eligibility criteria on an ongoing basis. The extension of JobBridge to those in receipt of Disability Allowance forms part of this broader review process. This review process is at an advanced stage and it is anticipated that the Minister may be in a position to present formal proposals in the coming weeks.

Individuals in receipt of Disability Payments may access a wide range of activation supports including the Work Placement Programme, which is designed to provide participants with valuable work experience, thereby improving their prospects of securing employment. In addition, people in receipt of a disability allowance can access a range of other specific programmes, such as the Supported Employment Programme and the Wage Subsidy Scheme. Both of these programmes aim to assist people with a disability to secure and maintain a job in the labour market.

Community Employment Schemes

Ciaran Lynch

Question:

237 Deputy Ciarán Lynch asked the Minister for Social Protection if a person (details supplied) will be allowed an extension to their community employment scheme; and if she will make a statement on the matter. [12213/12]

The person concerned has been a participant since 2005 on a CE scheme in Cork City and by May 2012 will have received his maximum entitlement on CE. It will not be possible to grant any extension.

Social Welfare Benefits

Jack Wall

Question:

238 Deputy Jack Wall asked the Minister for Social Protection the reason rent supplement has been reduced in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [12222/12]

Budget 2012 announced an increase in the minimum contribution paid by rent supplement customers. There was also an introduction of a new minimum contribution for two person households. The reduction in the rent supplement payable to the person concerned reflects the increase in the minimum contribution for a two person household.

Question No. 239 withdrawn.

Departmental Funding

Gerry Adams

Question:

240 Deputy Gerry Adams asked the Minister for Social Protection the level of funds from her Department that go to fund the work of Rehab; if any of that money contributes towards the salary of the chief executive of the Rehab Group; and if she will make a statement on the matter. [12259/12]

There are four Community Employment projects sponsored by Rehabcare, which is part of the Rehab group. There are 52 participants on these projects. The Department of Social Protection provides funding in the form of participants allowances, supervisor salaries, training and materials grants. This would amount to circa €807,560 in 2011. All of the funding is paid on the basis of identified persons in place and approved costs justified by receipts/invoices. There is no funding/contribution towards the salary of the chief executive of the Rehab group through CE.

Similarly, the Department of Social Protection provides funding for approx 192 named employees with a disability in Rehab Enterprises Ltd under the three Strands of the Wage Subsidy Scheme. The WSS is an incentivised scheme for the employment of people with disabilities in the open labour market. This amounted to circa €2,787,526 in 2011. There is no funding of the salary of the chief executive of the Rehab group through the Wage Subsidy Scheme.

Community Employment Schemes

Michael McGrath

Question:

241 Deputy Michael McGrath asked the Minister for Social Protection if the employment status of community employment scheme supervisors has changed in any respect with the transfer of the schemes to her Department; and if she will make a statement on the matter. [12275/12]

Supervisors and assistant supervisors are employed by sponsor organisations in contract with the Department of Social Protection for the operation of Community Employment (CE) and the delivery of the local services supported. All sponsor organisations operate independently of the Department in the discharge of their various functions in respect to the management of staff, contracts of employment, participants, finance, and governance arrangements. These arrangements will not be changed with the integration of FÁS into my Department.

Given the position of the majority of sponsor organisations as independent entities constituted under the Companies Acts, there can be no consideration that the employment status of any of their employees could or should change as a result of the transfer of CE to the Department of Social Protection.

Question No. 242 answered with Question No. 234.

Social Welfare Code

Paschal Donohoe

Question:

243 Deputy Paschal Donohoe asked the Minister for Social Protection if persons can do voluntary work while on jobseeker’s allowance, or if this would constitute not being available for work; if that is the case, if she will consider reviewing the situation; and if she will make a statement on the matter. [12279/12]

A jobseeker may engage in voluntary work within the State without affecting their jobseekers entitlement provided they continue to satisfy the statutory conditions of being available for and genuinely seeking work. The aims of the Voluntary Work Option are twofold, namely:

i) to encourage voluntary organisations to involve jobseekers to the greatest extent possible in their activities by creating new opportunities for voluntary work; and

ii) to inform jobseekers of their freedom to involve themselves in voluntary work and to encourage them to do so.

Examples of voluntary work in which jobseekers may engage include helping the sick, elderly or persons with a disability or assisting youth clubs, church groups, sports groups, cultural organisations and local resident associations. These arrangements have been put in place in recognition of the long tradition of volunteering in this country and the contribution that volunteering makes to Ireland's social fabric.

Paschal Donohoe

Question:

244 Deputy Paschal Donohoe asked the Minister for Social Protection if she will examine the current situation where students must turn down offers of unpaid work experience in order to qualify for jobseeker’s allowance; and if she will make a statement on the matter. [12280/12]

Social welfare legislation provides that a person must satisfy the conditions of being available for and genuinely seeking work in order to be entitled to jobseeker's benefit or jobseeker's allowance. Any person who fails to satisfy these conditions is not entitled to a jobseeker's payment. A student undergoing a full-time course of study, instruction or training is disqualified for receiving jobseekers allowance or benefit. This disqualification also extends to the holiday periods, including the summer holidays. The disqualification for receipt of jobseeker's benefit or allowance does not apply in the case of mature students during the period between two academic years. During this period a mature student can apply for jobseeker's benefit or allowance, subject to satisfying the standard qualifying conditions, including that of being available for full-time work. The are no plans to change these aspects of the jobseeker's schemes.

It may be noted that Jobbridge, the national internship scheme was established to provide people with valuable work experience. The aim of the national internship scheme is to assist in breaking the cycle where jobseekers are unable to get a job without experience, either as new entrants to the labour market after education or training or as unemployed workers wishing to learn new skills. The scheme also gives people a real opportunity to gain valuable experience to bridge the gap between study and the beginning of their working lives.

Additionally, my Department encourages people to engage in voluntary work within the State. Any person who engages in voluntary work may continue to be entitled to Jobseekers Benefit or Allowance provided that, in engaging in the voluntary work, the customer continues to satisfy the statutory conditions of being available for and genuinely seeking work. Examples of voluntary work in which jobseekers may engage include:

helping the sick, elderly or persons with a disability,

assisting youth clubs, church groups, sports groups, cultural organisations, local resident associations.

The groups involved may be nationally organised groups or local voluntary or community groups. The aim of the Voluntary Work Option is twofold, namely — to encourage voluntary organisations to involve jobseekers to the greatest extent possible in their existing activities by creating new opportunities for voluntary work and to inform jobseekers of their freedom to involve themselves in voluntary work and to encourage them to do so. In addition, the existing Community Employment Scheme, operated by FÁS, offers the opportunity to unemployed persons to participate in paid employment in the social economy.

Employment Support Services

Simon Harris

Question:

245 Deputy Simon Harris asked the Minister for Social Protection if her attention has been drawn to the fact that FÁS has advertised a job (details supplied) which requires applicants to be in possession of a certain qualification which is not taught or professionally supplied through any institution here; her views on the difficulties this imposes on applicants; her views that this is acceptable; and if she will make a statement on the matter. [12289/12]

Vacancy reference number 661783 — Plant Operators with Personal Track Safety (PTS) (Leinster) was advertised on Jobs Ireland on 2nd February 2012. In this instance the Employer is seeking candidates with the PTS Card/Letter. Department of Social Protection colleagues in Jobs Ireland have confirmed that Irish Rail do provide Personal Track Safety (PTS) training to staff of contract companies. Irish Rail have informed staff at Jobs Ireland that up to 20,000 trainees have been certified in recent years, which would provide a significant pool of suitable candidates for the Employer to choose from.

The Employment Service division of the Department of Social Protection is committed to maintaining all vacancy advertisements to the highest standards. To achieve this each vacancy is screened by our trained specialists to ensure compliance with our quality assurance standards.

Social Welfare Benefits

Emmet Stagg

Question:

246 Deputy Emmet Stagg asked the Minister for Social Protection the reason for the delay in awarding carer’s allowance to a person (details supplied) in County Kildare. [12308/12]

I confirm that the department is in receipt of an application for carer's allowance from the person in question. On completion of the necessary investigations relating to all aspects of her case a decision will be made and the person concerned will be notified directly of the outcome.

Social Welfare Appeals

John McGuinness

Question:

247 Deputy John McGuinness asked the Minister for Social Protection the position regarding an appeal of a claim for disability allowance in respect of a person (details supplied) in County Kilkenny; and if a response will be expedited. [12317/12]

The Social Welfare Appeals Office has advised me that the disability allowance claim of the person concerned was disallowed following an assessment by a Medical Assessor who expressed the opinion that she was medically unsuitable for the allowance. An appeal was registered on 16 February 2012 and in accordance with the statutory procedures the relevant department papers and the comments by or on behalf 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.

Peadar Tóibín

Question:

248 Deputy Peadar Tóibín asked the Minister for Social Protection the position regarding a widower’s pension in respect of a person (details supplied) in County Meath; and if she will make a statement on the matter. [12320/12]

The Social Welfare Appeals Office has advised me that the person concerned has appealed the Department's decision and his appeal has been referred to an Appeals Officer who proposes to hold an oral hearing on 8 March 2012. The person concerned has been notified of the arrangements for the hearing. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Question No. 249 withdrawn.

Pat Breen

Question:

250 Deputy Pat Breen asked the Minister for Social Protection when a decision will issue to a person (details supplied) in County Clare; and if she will make a statement on the matter. [12326/12]

I am advised by the Social Welfare Appeals Office that an Appeals Officer having fully considered all the available evidence, including that adduced at oral hearing, disallowed the appeal of the person concerned. Notification of the Appeals Officers decision on 24 February 2012. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Question No. 251 withdrawn.

Pat Breen

Question:

252 Deputy Pat Breen asked the Minister for Social Protection when a person (details supplied) in County Clare will receive a decision on their appeal in respect of their application for carer’s allowance; and if she will make a statement on the matter. [12338/12]

The Social Welfare Appeals Office has advised me that the appeal from the person concerned was referred to an Appeals Officer who proposes to hold an oral hearing in this case. There has been a very significant increase in the number of appeals received by the Social Welfare Appeals Office since 2007 when the intake was 14,070 to 2010 and 2011 when the intake rose to 32,432 and 31,241 respectively. This has significantly impacted on the processing time for appeals which require oral hearings and, in order to be fair to all appellants, they are dealt with in strict chronological order.

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

Redundancy Payments

Heather Humphreys

Question:

253 Deputy Heather Humphreys asked the Minister for Social Protection when a person (details supplied) in County Monaghan will receive their redundancy payment; and if she will make a statement on the matter. [12343/12]

A redundancy lump sum claim in respect of the person concerned was received on 29 August 2011. Redundancy lump sum claims received in July 2011 are currently being processed.

Mortgage Arrears

Niall Collins

Question:

254 Deputy Niall Collins asked the Minister for Social Protection the way in which a suitably qualified financial adviser may apply to be admitted onto the panel of 100 financial advisers the Government is to establish as recommended by the Keane report to negotiate for persons in mortgage arrears with the banks. [12348/12]

My Department participated in the Interdepartmental Mortgage Arrears Working Group (referred to as the Keane group) and is currently a member of the Steering Group set up by the Minister for Finance to oversee and drive its overall recommendations. My Department provides a number of supports for those in mortgage difficulty, particularly through the Mortgage Interest Supplement scheme which aims to provide short term support to eligible people who are unable to meet their mortgage interest repayments. In 2011 some 19,000 people benefitted from this scheme at a cost to the Exchequer of almost €68 million.

The Interdepartmental Mortgage Arrears Working Group recommended that an independent Mortgage Support and Advice Service be established to advise mortgage holders in arrears or pre arrears in assessing their options. The report stated that the need for this service would be time limited to approximately 3 years.

The publication of the heads of the Personal Insolvency Bill in January 2012, proposes the introduction of a four step process to address personal insolvency issues with the first three steps involving non-judicial debt settlement arrangements. This is a new arrangement and was not envisaged when the thinking in support of a Mortgage Advisory Service was originally proposed. Therefore, my Department is examining the role envisaged for the Personal Insolvency Trustee to ensure that there is no conflict with or duplication of Government supported services. From the customers perspective for example, the target group and complexity of the problems that need to be addressed appear to be similar and from the advisory perspective, the skills and expertise required would also appear to be similar for both services.

My Department is chairing a Working Group as part of the Implementation Steering Group to examine the issues relating to the establishment of the Mortgage Advice Service, and as part of its remit it is examining the efficiency, necessity and governance arrangements of potentially two separate services. The needs of the customer, the importance of ease of access and information on services and the way in which the services will be made available must be to the fore. My Department will be consulting with all relevant groups as part of its work in this area.

Social Welfare Benefits

Finian McGrath

Question:

255 Deputy Finian McGrath asked the Minister for Social Protection if she will review a matter (details supplied) regarding rent issues. [12350/12]

The claimant has been in receipt of rent supplement at her current address since 15th February 2011. Her rent supplement is currently paid on a calendar monthly basis at the end of each month. It is possible that the rent supplement be paid weekly, if the claimant so prefers. Since the awarding of the rent supplement, the only change has been on foot of the Budget 2012 measure which increased the statutory minimum contribution to her rent, effective from 1st January 2012.

Social Welfare Appeals

John Lyons

Question:

256 Deputy John Lyons asked the Minister for Social Protection the position regarding a social welfare appeal in respect of a person (details supplied) in Dublin 11. [12351/12]

The Social Welfare Appeals Office has advised me that the illness benefit claim of the person concerned was disallowed following an examination by a Medical Assessor who expressed the opinion that he was medically unsuitable for the benefit. An appeal was registered on 16 January 2012 and in accordance with the statutory procedures the relevant department papers and the comments by or on behalf of the deciding officer on the matters raised in the appeal have been sought. In that context, an examination by another Medical Assessor will be carried out. 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.

FÁS Training Programmes

Simon Harris

Question:

257 Deputy Simon Harris asked the Minister for Social Protection the reason a person (details supplied) in County Wicklow has been told by FÁS that they cannot partake in a FÁS course on account of funding constraints; her views on whether this position is acceptable; the steps she will take to rectify this problem; and if she will make a statement on the matter. [12368/12]

The person concerned attended a DSP Employment Services office in early January 2012 and was advised that the 2012 funding allocations under the Technical Employment Support Grant (TESG) scheme had not yet been confirmed for the year. The person concerned was asked to call to the office later in the month when the funding situation would have been clarified, but he did not do so. The person concerned has been contacted today by the local employment services office and invited to attend for an appointment to discuss his training requirement. This meeting has been confirmed for 7 March at 3pm. Subject to standard eligibility checks, there would appear to be no bar to the individual concerned accessing TESG funding support in respect of the specified programme.

Question No. 258 withdrawn.

Social Welfare Appeals

Pat Breen

Question:

259 Deputy Pat Breen asked the Minister for Social Protection the position regarding an application in respect of a person (details supplied) in County Clare; and if she will make a statement on the matter. [12371/12]

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 15 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.

Michelle Mulherin

Question:

260 Deputy Michelle Mulherin asked the Minister for Social Protection the position regarding an appeal in respect of a person (details supplied) in County Mayo; if she will expedite the processing of the appeal; if she will confirm the reasons their application for disability payment was refused in the first instance; and if she will make a statement on the matter. [12417/12]

The disability allowance claim of the person concerned, was disallowed by a Deciding Officer following an assessment by a Medical Assessor of the Department who expressed the opinion that she was medically unsuitable for the allowance.

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 20 July 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 25 January 2012 and the appeal was assigned to an Appeals Officer for consideration on 14 February 2012. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Question No. 261 withdrawn.

Social Welfare Benefits

Jonathan O'Brien

Question:

262 Deputy Jonathan O’Brien asked the Minister for Social Protection if her attention has been brought to the case of a person (details supplied); and if she will review this case and ensure that this person’s labour market rights are upheld and their payments are processed accordingly. [12436/12]

An application for supplementary welfare allowance by the person concerned in August 2011 was disallowed as it was determined that she did not satisfy the habitual residence condition. The decision was upheld on appeal by the social welfare appeals office.

Terence Flanagan

Question:

263 Deputy Terence Flanagan asked the Minister for Social Protection the position regarding school costs (details supplied); and if she will make a statement on the matter. [12442/12]

The back to school clothing and footwear allowance scheme provides a one-off payment to eligible families to assist with the cost of uniforms and footwear for children going to school. In 2011, over 196,000 individuals received a back to school clothing and footwear allowance payment in respect of some 384,000 children at a cost of almost €91m.

A means test is applied to the scheme to ensure that limited resources are directed to those in greatest need ensuring maximum value for money. The BSCFA scheme is an important support for parents at a time of particular financial strain and assists with the clothing and footwear costs associated with returning to school. While the Department does not provide funding toward the costs of computers or school books I am aware that the Department of Education and Skills operate a book grant scheme for students in State primary and post-primary schools. The scheme is mainly aimed at pupils from low-income families and families experiencing financial hardship and is administered in each school by the school Principal.

Question No. 264 withdrawn.

Humanitarian Aid

Clare Daly

Question:

265 Deputy Clare Daly asked the Minister for Social Protection if she will allocate moneys from the emergency flood relief fund to ease hardship to residents (details supplied) during this very difficult time. [12453/12]

The Deputy will be aware that in the immediate aftermath of the severe flooding experienced in October 2011, the Government put in place a humanitarian aid scheme to assist the people affected by that flooding. Since these floods, the Department has been providing individuals with emergency payments to offset their immediate needs such as the purchase of food, clothing, fuel and household goods. Payments have also been made in respect of essential household items such as carpets, flooring, furniture and white goods. Funding towards alternative accommodation costs have also been made in certain cases depending on the circumstances of the families. Larger payments in respect of longer-term needs, such as assisting with the cost of repairing homes and making them habitable again are also being made.

Matters relating to emergency flood defence works or issues relating to insurance claims or settlements do not fall within the remit of the Department. Any person continuing to experience hardship as a result of the recent flooding should contact the local Department of Social Protection representative administering the supplementary allowance scheme who may be able to offer assistance.

Question No. 266 withdrawn.

Community Employment Schemes

John Lyons

Question:

267 Deputy John Lyons asked the Minister for Social Protection the reason an offer of a placement in respect of a person (details supplied) in Dublin 5 was rescinded; if she will arrange for the matter to be examined again in view of the fact that this person was eligible for the scheme throughout the duration of the interview process but their eligibility only came to an end just prior to an offer of a placement being made. [12506/12]

The Community Employment Programme is a labour market intervention designed to assist the long term unemployed return to the work force. Persons eligible to apply should be aged 25-65 years who are unemployed for over 12 months and who are currently in receipt of one of the following payments from the Department of Social Protection:

Jobseeker's Benefit (JB).

Jobseeker's Assistance (JA).

One-Parent Family payment (OFP).

Widows/Widowers/Surviving Civil Partner's (Contributory) Pension.

Widows/Widowers/Surviving Civil Partner's (Non Contributory) Pension.

Deserted Wife's Benefit (DWB).

Farm Assist (FA).

Time spent in receipt of carers allowance or time spent on recognised training or employment programmes, in addition to receipt of above payments, can make up the qualifying period of 12 months. To be eligible to participate on a community employment scheme, it is mandatory that all participants are currently in receipt of one of the above listed payments on their expected CE start date.

The person concerned was on jobseeker's benefit from 7th August 2010 until 10th February 2012 during which time she completed a FÁS Computerised Accounts and Payroll course for 26 weeks. Entitlement of the person concerned to jobseeker's benefit ceased on 10th February 2012 and she was no longer eligible to start on a CE scheme after that date. However, if the person concerned would like to speak to a employment services officer to explore her training options, an appointment can be made for her at her local employment services office.

Social Insurance

Gerald Nash

Question:

268 Deputy Gerald Nash asked the Minister for Social Protection if her attention has been drawn to the hardships caused by the temporary cessation of work by the Scope section on claims for support to her Department by affected persons; when the review of the Scope section will be completed; the measures in place to deal with cases which would normally be dealt with by the section; and if she will make a statement on the matter. [12508/12]

I assume the Deputy is referring to insurability decisions in relation to working directors. The Scope section of the Department continues to make decisions in relation to all other insurability matters.

The determination of the PRSI insurability status of working directors has been the subject of recent legal advice and court judgments. As a result of these developments the Department is currently examining its procedures for determining the insurability status of working directors to ensure that its decisions are in accordance with best practice and legal advice. I regret the difficulties caused by the delay in processing cases for decision however this is a very difficult and complicated aspect of insurability and it is vital that this matter be examined fully before any further decisions are issued.

Questions Nos. 269 and 270 withdrawn.

Social Welfare Benefits

John McGuinness

Question:

271 Deputy John McGuinness asked the Minister for Social Protection if carer’s allowance will be approved in respect of a person (details supplied) in County Kilkenny. [12576/12]

There is no record of a carer's allowance application ever having been received from the person in question. On 5 March 2012, a claim form and return envelope issued to him at the address supplied. On its completion and return to carer's allowance section, his application will be processed.

Social Welfare Appeals

Jack Wall

Question:

272 Deputy Jack Wall asked the Minister for Social Protection the position regarding an appeal in respect of a person (details supplied); and if she will make a statement on the matter. [12579/12]

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 11th January 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. These papers were received in the Social Welfare Appeals Office on 21st February 2012 and the appeal will, in due course, be assigned to an Appeals Officer for consideration. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Social Welfare Benefits

Paschal Donohoe

Question:

273 Deputy Paschal Donohoe asked the Minister for Social Protection the position regarding an application for a carer’s allowance in respect of a person (details supplied) in Dublin 7; and if she will make a statement on the matter. [12591/12]

Based upon the details supplied, no record of a carer's allowance application can be found. On 5 March 2012, a claim form and return envelope issued to him at the address supplied. On its completion and return to carer's allowance section, his application will be processed.

Questions Nos. 274 and 275 withdrawn.

Social Welfare Appeals

John Browne

Question:

276 Deputy John Browne asked the Minister for Social Protection when an application for carer’s allowance will be approved in respect of a person (details supplied) in County Wexford. [12642/12]

I am advised by the Social Welfare Appeals Office that an Appeals Officer having fully considered all the available evidence, including that adduced at oral hearing, disallowed the appeal of the person concerned. Following the submission of additional correspondence from the person concerned, the Appeals Officer reviewed this case but considered that the details submitted contained no new facts or fresh evidence which would warrant a revision of his initial decision. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Social Welfare Benefits

Bernard J. Durkan

Question:

277 Deputy Bernard J. Durkan asked the Minister for Social Protection if and when payment under the jobseeker’s allowance or benefit scheme will issue in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [12663/12]

The person concerned is currently in receipt of jobseeker's benefit. A decision will be made on his application for jobseeker's allowance when his entitlement to jobseeker's benefit has exhausted.

Employment Support Services

Gerald Nash

Question:

278 Deputy Gerald Nash asked the Minister for Social Protection if she is developing plans to extend the JobBridge scheme; if the categories of social welfare recipients open for consideration under the programme will be extended; and if she will make a statement on the matter. [12677/12]

The National Internship Scheme provides internship opportunities of either 6 or 9 months for unemployed individuals on the Live Register, in organisations in the private, public and community voluntary sectors. The scheme is limited to individuals who are currently on the Live Register and have been in receipt of Jobseekers Allowance/Benefit or are signing on for credits for at least 3 of the last 6 months.

The eligibility to access the National Internship Scheme is based on the overall objective of labour market policy in ensuring a pathway to appropriate employment, training and education opportunities for those on the Live Register. It is important that as employment opportunities become available they are taken up by those on the Live Register. The structure for achieving this objective is through a reinvigorated National Employment Action Plan (NEAP) which currently provides the framework for engaging with the unemployed.

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

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

My Department continues to monitor and review the operation of the JobBridge scheme including its eligibility criteria on an ongoing basis. The extension of JobBridge to those in receipt of One Parent Family Payments and Disability Allowances forms part of this broader review process. This review process is at an advanced stage and it is anticipated that the Minister may be in a position to present formal proposals in the coming weeks.

Social Welfare Benefits

Denis Naughten

Question:

279 Deputy Denis Naughten asked the Minister for Social Protection if an application for a domiciliary care allowance payment will be backdated (details supplied); and if she will make a statement on the matter. [12680/12]

An application for domiciliary care allowance (DCA) was received in the Department on 17th July 2009 and this application was awarded on appeal on 23rd March 2011. DCA is payable from the month following receipt of the application unless good cause is shown for the delay. Where good cause is shown, it can be backdated by a maximum of six months or to April 2009 (when the Department took over administration of the scheme from the HSE), whichever is the most recent. The person concerned did not indicate any reason for the delay in claiming the payment and, as a result, the allowance was put into payment from August 2009, the month after the application was received in the Department.

If the person concerned wishes to make an application for backdating, she should do so in writing, stating clearly the reason the application was not made at the earliest opportunity. As the Department took over responsibility for the DCA scheme in April 2009, this is the earliest date that payment can be backdated if good cause for the late claim is shown.

Humanitarian Aid

Marcella Corcoran Kennedy

Question:

280 Deputy Marcella Corcoran Kennedy asked the Minister for Social Protection the progress that has been made in regard to a relocation arising from flooding in an area (details supplied); and if she will make a statement on the matter. [12689/12]

The Government has provided various types of support to people affected by the November 2009 flooding. Humanitarian Aid payments were made, both in the immediate aftermath of the flooding and subsequently to enable eligible households to resume living at their home. Flood relief works were also undertaken in some of the affected areas and other works are at an advanced state of preparation. Discussions also took place with representatives of the insurance industry regarding giving households access to appropriate house insurance at a reasonable cost.

Subject to certain conditions the Government also decided to provide support to a small number of families who are continuing to experience significant housing problems as a result of the November 2009 flooding and are considering the possibility of relocating rather than resuming living at their original home. The household of the person concerned has been visited by an official from the Department and a report of their individual circumstances has been completed. In addition one of the conditions was that assistance could only be provided in situation where: “in the opinion of the Office of Public Works the house is unsustainable due to flooding because of depth/duration/frequency and cannot be protected from flooding at an economical cost”.

The Office of Public Works (OPW) has confirmed that the person concerned satisfies this condition. The person has been advised that on the basis of all the relevant facts it has been decided that financial assistance towards relocation will be provided to them. The Department will be in contact with the person concerned in the coming weeks setting out the exact details.

Social Welfare Appeals

Ciaran Lynch

Question:

281 Deputy Ciarán Lynch asked the Minister for Social Protection when a decision will issue on an appeal to have rent allowance reinstated in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [12699/12]

I am informed by the Social Welfare Appeals Office that an appeal for the person concerned has not been registered. However, because of the large number of appeals currently being lodged, there is a backlog in the office in registering appeals. If the appeal has been submitted in recent weeks the appeal will be registered and acknowledged in due course. The Chief Appeals Officer has assured me that all appropriate measures are being taken to address this backlog in registration. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Redundancy Payments

Jim Daly

Question:

282 Deputy Jim Daly asked the Minister for Social Protection, further to Parliamentary Question No. 416 of 28 February 2012, when she expects a redundancy payment to issue to the person named as the month that is currently being processed as per the answer does not determine this. [12705/12]

A redundancy lump sum claim in respect of the person concerned was received on 12 September 2011. Redundancy lump sum claims received in July 2011 are currently being processed. It is hoped that claims received in September 2011 will be processed by April 2012.

Question No. 283 withdrawn.

Freedom of Information

Gerry Adams

Question:

284 Deputy Gerry Adams asked the Minister for Social Protection if she will provide a breakdown of the total fees received in her Department for freedom of information requests and the number of individual requests in each of the years 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010 and 2011. [12732/12]

Gerry Adams

Question:

285 Deputy Gerry Adams asked the Minister for Social Protection if she will provide a breakdown of the number of freedom of information requests submitted in the years 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010 and 2011 to her Department; the total amount of fees charged and fees received in each year; the number and amount of initial search fees paid and the number and amount of search and retrieval fees paid. [12748/12]

I propose to take Questions Nos. 284 and 285 together.

The figures requested by the Deputy are provided in the table:

Year

2002

2003

2004

2005

2006

2007

2008

2009

2010

2011

No of FOI requests received

670

593

559

462

464

370

485

556

859

1,106

Total fees charged

0

185

325

430

390

440

645

820

900

695

Total fees received

0

185

325

430

390

440

645

820

900

695

Number of search deposits

1

1

0

0

0

0

0

1

0

0

Amount of search deposits

12.57

48.19

0

0

0

0

0

147.1

0

0

Number of search and retrieval fees paid

1

1

0

0

0

0

0

1

0

0

Amount of search and retrieval fees paid

62.85

240.9

0

0

0

0

0

735.3

0

0

Social Welfare Benefits

Michael Creed

Question:

286 Deputy Michael Creed asked the Minister for Social Protection if she will reconsider an application for domiciliary care allowance in respect of a person (details supplied) in County Cork in view of a recent diagnosis; and if she will make a statement on the matter. [12750/12]

An application for domiciliary care allowance (DCA) was received on 29th March 2011. This application was referred to one of the Department's Medical Assessors who found that the child was not medically eligible for DCA. A letter issued on 10th June 2011 refusing the allowance. The person concerned subsequently lodged an appeal against this decision. She was informed by the Social Welfare Appeals Office on 8th December 2011 that the appeal had been disallowed. The decision/appeal process for this application is now complete. If the person concerned has additional information which was not made available to the deciding and appeals officers when they made their decisions, it is open to her to re-apply for the payment.

Social Welfare Appeals

Paul Connaughton

Question:

287 Deputy Paul J. Connaughton asked the Minister for Social Protection when an oral hearing can take place in relation to an appeal for illness benefit in respect of a person (details supplied) in County Galway. [12754/12]

Payment of illness benefit, to the person concerned, was disallowed by a Deciding Officer following an examination by a Medical Assessor of the Department who expressed the opinion that she was capable of work. An appeal was opened and in the context of that appeal her case was reviewed by a second Medical Assessor who also expressed the opinion that she was capable of work. I am advised by the Social Welfare Appeals Office that, following receipt of the grounds of appeal from the person concerned, the relevant Departmental papers and comments of the Department have been sought. On their receipt the case will be referred to an Appeals Officer for consideration.

Social Welfare Code

Brendan Griffin

Question:

288 Deputy Brendan Griffin asked the Minister for Social Protection her views on a matter regarding carers (details supplied); and if she will make a statement on the matter. [12763/12]

Carers allowance is a means tested social assistance payment made to persons who are unable to work because they providing full time care and attention to elderly people or people with disabilities. Expenditure on carers has increased substantially over the last ten years, from €100 million in 2000 to a provisional outturn of some €658 million on carer's allowance, carer's benefit and respite care grant in 2011. This does not include the cost of the household benefits package or free travel which carers also receive. In 2011, there were almost 52,000 people in receipt of carer's allowance from my Department; 22,000 of these were getting half-rate carers allowance in addition to another social welfare payment, an increase of almost 40% since 2008.

The habitual residence condition, as provided for in section 246 of the Social Welfare (Consolidation) Act, 2005 (as amended), applies to claims for jobseeker's allowance, non-contributory State pension, blind pension, non-contributory widow's and widower's pensions, guardian's payment, one-parent family payment, carer's allowance, disability allowance, supplementary welfare allowance including rent supplement, and child benefit. The effect of the condition is that a person whose habitual residence is elsewhere is not qualified for these payments in Ireland. The purpose of this condition is to safeguard the social welfare system from abuse by restricting access for people who are not economically active and who have little or no established connection with Ireland.

The legislation directs the deciding officer to take into consideration all the circumstances of the case, including, in particular, the following factors specified by the European Court of Justice:

1. The length and continuity of residence in the State or in any other particular country;

2. The length and purpose of any absence from the State;

3. The nature and pattern of the person's employment;

4. The person's main centre of interest; and

5. The future intentions of the person concerned as they appear from all the circumstances.

I have no plans to change this requirement for carer's allowance. The operation of the scheme is kept under review to ensure it operates fairly and that applicants are not being refused without full and appropriate consideration. There are a number of issues which contribute to rejection on HRC grounds. These include:

The applicant's main centre of interest clearly being outside Ireland, including Irish nationals returning home who clearly indicate that their homes, lives and future intentions are out of this State and that their stay in Ireland is of a short duration;

Failure to provide relevant documentation (such as proof that they have terminated their employment, residency, closed bank accounts abroad etc.) or no documentation at all;

Clear evidence that an applicant is continuing to receive welfare from another jurisdiction based on their residency there, for example a person receiving disability living allowance based on their residency in Northern Ireland;

Persons who make multiple applications in a very short time for different allowances such as jobseekers, disability and carers.

The number of applications refused on grounds of habitual residency is small. In 2011, 13,888 applications for carer's allowance were processed. Of these, 223 were refused on the basis of habitual residency, of which 42 were Irish nationals. This means that, in 2011, approximately 1.6% of all applications were refused on habitual residency grounds.

Departmental Programmes

Ciaran Lynch

Question:

289 Deputy Ciarán Lynch asked the Minister for Social Protection if additional staffing measures will be put in place at local offices with regard to the roll-out of the pathways to work programme; if these positions will be sourced from within existing personnel or by external recruitment; and if she will make a statement on the matter. [12769/12]

Pathways to Work is a new approach to the provision of service to unemployed people, the objective of which is to reduce the level of long term unemployment and in so doing to ensure that the overall level of unemployment will reduce as the economy returns to growth

Following approval by Government of the NEES project plan last June and the transfer of the CWS and the FÁS services in October 2011 and January 2012 respectively, the Department is now developing the new integrated service as set out in Pathways to Work. The new integrated service will be piloted from four office locations in May of this year and extended to a further 10 offices by the end of the year. As the question suggests the roll-out of the new service will be very challenging for my Department and will require the allocation of additional resources to employment services/activation work.

The transfer of approximately 1,700 staff from the CWS and FÁS, the majority of whom have significant experience in working with clients in a case management model has enhanced the capabilities of the Department in this regard. In addition, the Department is also engaged in a programme of systems development and process change that should enable staff from within its own resources to be deployed to meet the requirements of the new business model.

The Department will also work with the Department of Public Expenditure and Reform and the Public Appointments Service to address any resourcing deficit that arises notwithstanding the reallocation of resources outlined above. The use of external resources, including private sector providers of employment services, will also be considered.

Redundancy Payments

James Bannon

Question:

290 Deputy James Bannon asked the Minister for Social Protection if she will reverse the decision announced in budget 2012 to reduce the employer’s rebate on redundancies from 60% to 15% which in effect increases the costs of redundancy for employers by 112%; and if she will make a statement on the matter. [12778/12]

The purpose of the redundancy payments scheme is to compensate workers, under the Redundancy Payments Acts, for the loss of their jobs by reason of redundancy. Compensation is based on the worker's length of reckonable service and reckonable weekly remuneration, subject to a ceiling of €600.00 per week. All payments are made from the Social Insurance Fund (SIF). There are two types of redundancy payment made from the SIF — rebates to those employers who have paid statutory redundancy to eligible employees and statutory lump sums to employees whose employers are insolvent and/or in receivership or liquidation.

It is the responsibility of the employer to pay statutory redundancy to all their eligible employees. An employer who pays statutory redundancy payments to their employees is then entitled to a rebate from the State. Rebates to employers and lump sums paid directly to employees are paid from the Social Insurance Fund.

Significant and increasing amounts have been paid out in redundancy rebates to employers from the SIF in recent years. While the SIF is constituted primarily from employer contributions, the taxpayers' contribution is also significant. One of the factors which influenced the Government's decision to revise the rebate rate was the increasing costs of rebates in recent years.

I am very concerned about the deficit in the Social Insurance Fund. Where the date of dismissal for the purposes of redundancy occurred before 1 January 2012 the Social Insurance Fund refunded employers 60 per cent of the cost of making people redundant. €152.2 million was paid out in rebates to employers in 2006; €167.4 million was paid in 2007; €161.8 million was paid in 2008; €247.9 million in 2009; €373.2 million in 2010 and €188.2 million in 2011. The amounts paid out in lump sums to employees have also increased.

I do not see why this country should continue to borrow money to plug the hole in the Social Insurance Fund in order to fund the cost of making people redundant — often from very profitable companies. As part of the deliberations on Budget 2012, the approach taken in other countries was examined and it was decided that the 60% level of rebate is not sustainable in the current economic climate. While this may cause difficulties for employers it should be noted that redundancy rebate payments to employers are not common in many EU and other jurisdictions. The new arrangements bring Ireland more closely into line with practice in other countries.

Social Welfare Benefits

James Bannon

Question:

291 Deputy James Bannon asked the Minister for Social Protection the reason an application for respite care has been refused in respect of a person (details supplied) in County Longford; and if she will make a statement on the matter. [12782/12]

The respite care grant is an annual payment made to full-time carers who satisfy certain conditions. One of these conditions is that the carer is not employed outside the home for more than 15 hours a week. On the basis of the evidence provided, the person concerned did not satisfy this condition. In addition, based on the advice of the Department's medical Assessors, the person being cared for was deemed not eligible on medical grounds, following a review. The person concerned was notified of her right to appeal, but did not exercise her option in this regard.

Social Welfare Appeals

Pat Breen

Question:

292 Deputy Pat Breen asked the Minister for Social Protection the reason a person (details supplied) in County Clare has not been facilitated; and if she will make a statement on the matter. [12794/12]

I am advised by the Social Welfare Appeals Office that an Appeals Officer having fully considered all the available evidence disallowed the appeal of the person concerned by way of summary decision. The person concerned was notified of the Appeals Officer decision on 27th February 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.

Jack Wall

Question:

293 Deputy Jack Wall asked the Minister for Social Protection the position regarding an appeal against a decision to refuse an application for diet supplement in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [12809/12]

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 25th November 2011. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by or on behalf 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 Code

Seán Kyne

Question:

294 Deputy Seán Kyne asked the Minister for Social Protection if her attention has been drawn to the fact that the habitual residence condition, which affects several social welfare payments and was introduced in 2004 to prevent welfare tourism, is causing hardship to persons, in particular Irish citizens who have returned home, in accessing social assistance and if the HRC can be examined to ensure fairness and consistency in decision-making across all offices and branches of the Department. [12810/12]

The requirement to be habitually resident in Ireland was introduced as a qualifying condition for certain social assistance schemes and child benefit with effect from 1 May 2004. The effect of the condition is that a person whose habitual residence is elsewhere would not normally be entitled to social welfare assistance or child benefit payments on arrival in Ireland. Guidelines were introduced for Deciding Officers in the Department to assist in ascertaining entitlements of such claimants to social assistance. Each case received for a determination on the Habitual Residence Condition (HRC) is dealt with in its own right and a decision is based on application of the legislation and guidelines to the particular individual circumstances of each case.

A review of the habitual residence guidelines undertaken by a Departmental working group in 2010 and 2011 was completed in June 2011. An updated version of guidelines was published on the Department's website which can be found at http://www.welfare.ie/EN/OperationalGuidelines/Pages/habres.aspx. The purpose of this review was to make the guidelines clearer and more user-friendly for deciding officers and customers alike, and, improve consistency in decision making across the Department.

The guidelines regarding determination of habitual residence address the issue of returning emigrants very specifically. The Guidelines state: "A person who had previously been habitually resident in the State and who moved to live and work in another country and then resumes his/her long-term residence in the State may be regarded as being habitually resident immediately on his/her return to the State."

In determining the main centre of interest in the case of returning emigrants, deciding officers take account of:

purpose of return e.g. expiry of foreign residence permit,

the applicant's stated intentions,

verified arrangements which have been made in regard to returning on a long-term basis e.g. transfer of financial accounts and any other assets, termination of residence based entitlements in the other country, or assistance from Safe Home or a similar programme to enable Irish emigrants to return permanently,

length and continuity of the previous residence in the State,

the record of employment or self-employment in another State and,

whether s/he has maintained links with the previous residence and can be regarded as resuming his/her previous residence rather than starting a new period of residence.

The following examples are acceptable as proof of permanent return to Ireland:

Documented evidence of transportation of personal possessions,

Proof of cessation of employment,

Proof of termination of lease on rented property or proof of sale of home,

Evidence of closure of financial accounts and transfer of funds,

Evidence of completion of studies abroad (where applicable),

Copy of passport and expiration of visa at the time they returned.

(In a case where a person says they were resident illegally in a country outside the EEA, the entry visa to that country, stamped on their passport, will clearly show the permitted duration of their stay in that country. For example, a person who went to the USA in 2007 and was granted an entry visa to remain there for 90 days but continued to live there until 2009, that person was resident in the USA illegally after the expiry of the 90 days. In a case like this, the fact that a person cannot return to that particular country, would mean that they may be likely to be habitually resident in Ireland).

This list is not exhaustive.

This is generally sufficient to enable the deciding officer to determine whether their present circumstances in Ireland indicate a temporary visit or habitual residence. Any applicant who disagrees with the decision on a case has the right to request a review of that decision and/or appeal to the independent Social Welfare Appeals Office.

There is no discrimination on grounds of nationality in social welfare legislation and to introduce such a provision would be contrary to the equality principles that Ireland has adopted in its equality legislation, the Treaties of the European Community, the Charter of Fundamental Rights, and other international conventions. I have no statistical evidence that there has been any significant increase in the number of disallowances on the grounds of not being Habitually Resident for claims made by returning Irish emigrants. An Irish national returning to live here on a permanent basis should experience no difficulty in demonstrating that they satisfy the requirements of the HRC.

Civil Registration

Martin Heydon

Question:

295 Deputy Martin Heydon asked the Minister for Social Protection her plans to review the Civil Registration Act 2004 to allow Irish citizens who have died abroad to have their deaths registered here; and if she will make a statement on the matter. [12811/12]

Usually where an Irish citizen dies abroad, the death is registered by the civil authorities of the place where the death occurred, and a certified copy of the death registration is obtainable. This certificate, translated if necessary, is normally sufficient for all legal and administrative purposes here and for these reasons alone there is no necessity for the death to be registered in the State. The provisions and procedures governing the registration of deaths in Ireland are contained in Part 5 of the Civil Registration Act 2004.

Section 38 of the Act provides that in specific circumstances the death of an Irish citizen domiciled in the State may be registered here. This applies where such a death occurs in a place where there is no system of registration or where it is not possible to obtain a copy of or extract from the civil records of the death. In all other circumstances the death is registered by the civil authorities of the place where the death occurred. Any broadening of the current provisions requires careful consideration given the number of people who live and die in other countries and who have or are entitled to have Irish citizenship. However, I would hope to be in a position to introduce legislation on this, and other aspects of civil registration, in 2012.

Social Welfare Code

Seán Kyne

Question:

296 Deputy Seán Kyne asked the Minister for Social Protection the progress of the report in relation to the single working age payment, the completion of which is necessary owing to the agreement between Ireland and the IMF/ECB/EU; and if she will make a statement on the matter. [12826/12]

As part of the agreed Programme of Financial Support with the EU/IMF and ECB, the Department submitted a progress report to the troika by at the end of December 2011, outlining progress to date in developing a single working age payment. This report detailed measures that were steps towards a single working age payment and were announced in Budget 2012. These measures included changes to the One Parent Family Payment, the Farm Assist Scheme and the ceasing of concurrent entitlements to new entrants to the Community Employment Scheme.

A further commitment contained in the Programme for Financial Support is that the Department would submit to Government a comprehensive programme of reforms that can help better targeting of social support to those on lower incomes and ensure that work pays for welfare recipients. This programme is due to be submitted by end-March 2012 and it is expected that proposals in relation to the development of a single working age payment will be incorporated into this programme of reforms.

Appointments to State Boards

Gerry Adams

Question:

297 Deputy Gerry Adams asked the Minister for Social Protection if the chief executive officer of Rehab (details supplied) is a member of any State board; and the remuneration, expenses or other payments they receive for such membership. [13248/12]

The person concerned is not a member of any State Board under the aegis of my Department.

Turbary Rights

Denis Naughten

Question:

298 Deputy Denis Naughten asked the Minister for Arts, Heritage and the Gaeltacht if a person (details supplied) who was not informed that their bog was designated will be eligible to avail of the bog purchase scheme; and if he will make a statement on the matter. [12262/12]

The land referred to by the Deputy appears to be located in a Natural Heritage Area designated in 2004. In 2010, the then Government decided that turf cutting should come to an end on raised bog Natural Heritage Areas at the end of 2013 and also announced the closure of the Voluntary Bog Purchase Scheme, administered by my Department, to new applicants. However, the current Programme for Government contains an undertaking to review the situation with regard to turf cutting on Natural Heritage Areas.

On 15 April 2011, the Government made a number of decisions in relation to turf cutting in Ireland, including the putting in place of a compensation package for those who are required to cease cutting, the establishment of a Peatlands Council and the drawing up of a national strategy on peatland conservation and management. In the context of the national strategy, the position regarding raised bog Natural Heritage Areas, which are designated under national legislation, will be examined in advance of the 2014 cutting season in accordance with the Programme for Government.

EU Programmes

Dominic Hannigan

Question:

299 Deputy Dominic Hannigan asked the Minister for Arts, Heritage and the Gaeltacht the number of projects that are running here under the creative economy programme; the location at which they are based and the funding headings; the numbers that are employed in projects under this programme; the amount of funding that has been accessed for Ireland through the fund; his plans to secure further funding; the way he communicates the funding to community groups around the country; and if he will make a statement on the matter. [12266/12]

Bernard J. Durkan

Question:

303 Deputy Bernard J. Durkan asked the Minister for Arts, Heritage and the Gaeltacht the extent to which he can facilitate directly or through the various arts and cultural organisations throughout the country access to specific EU funding for the promotion of festivals throughout Europe having particular regard to the fact that such festivals at local and national level have the capacity to generate considerable positive economic activity resulting in job creation directly and indirectly; and if he will make a statement on the matter. [12812/12]

Bernard J. Durkan

Question:

304 Deputy Bernard J. Durkan asked the Minister for Arts, Heritage and the Gaeltacht the extent in which he has sought and or received information from the authorities at EU level with a view to obtaining increased support for the various festivals established or being established throughout the country; and if he will make a statement on the matter. [12813/12]

I propose to take Questions Nos. 299, 303 and 304 together.

At present, there are two EU programmes operating within the areas for which I have responsibility:

1. The Media Programme is the EU support programme for the European audiovisual industry and details are available at www.mediadeskireland.ie; and

2. The Culture Programme is the EU support programme for organisations working in the field of culture and details are available at www.ccp.ie.

Discussions are currently underway between the Member States and the European Commission on a new framework programme for the cultural and creative sectors. This will run from 2014 to 2020 and be called the Creative Europe Programme. It includes a proposal to amalgamate the current Culture and MEDIA programmes under a common framework and create an entirely new facility to improve access to finance. A budget of some €1,800 million is mooted for the new programme but it is not finalised yet. Annual funding for arts festival is provided in the main by the Arts Council, to which the statutory responsibility is devolved.

Special Areas of Conservation

Robert Troy

Question:

300 Deputy Robert Troy asked the Minister for Arts, Heritage and the Gaeltacht if he will give a commitment that there will be no further bogs designated special areas of conservation or national heritage areas in the future. [12678/12]

Ireland has completed its nomination of sites for designation as raised and blanket bog Special Areas of Conservation (SACs). We have also designated a number of Natural Heritage Areas (NHAs). There are no proposals in my Department to add any further specific sites to these designations or proposals at this time.

Freedom of Information

Gerry Adams

Question:

301 Deputy Gerry Adams asked the Minister for Arts, Heritage and the Gaeltacht if he will provide a breakdown of the total fees received in his Department for freedom of information requests and the number of individual requests in each of the years 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010 and 2011. [12720/12]

Gerry Adams

Question:

302 Deputy Gerry Adams asked the Minister for Arts, Heritage and the Gaeltacht if he will provide a breakdown of the number of freedom of information requests submitted in the years 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010 and 2011 to his Department; the total amount of fees charged and fees received in each year; and the number and amount of initial search fees paid and the number and amount of search and retrieval fees paid. [12736/12]

I propose to take Questions Nos. 301 and 302 together.

My Department was established on 2 June 2011 and I am advised that 27 requests for information were submitted under the Freedom of Information Acts to my Department between that date and end-2011. As the Deputy will be aware, requests for non-personal records are required to be accompanied by an application fee of €15 (a reduced fee applies to those covered by a medical card). I am advised that, during the period in question, application fees were charged in 24 cases, totalling €360.

Section 47 of the Freedom of Information Acts 1997 and 2003 provides for fees to be charged, as appropriate, for the process of searching for, retrieving and making copies of the records that are to be released. I am advised that, of the 27 aforementioned requests submitted to my Department, such fees were considered applicable in 2 cases and that fees were charged of €157.87 and €22.99, respectively.

Questions Nos. 303 and 304 answered with Question No. 299.

Arts Sector

Bernard J. Durkan

Question:

305 Deputy Bernard J. Durkan asked the Minister for Arts, Heritage and the Gaeltacht the extent to which he and his Department have focused on the issue of maximisation of job retention and creation throughout the arts and heritage sector in view of the propensity within the sector to attract increased financial support throughout the community; and if he will make a statement on the matter. [12814/12]

The arts and culture sectors continue to offer vital opportunities for the provision of important cultural, social and employment benefits to communities throughout the country. The nature of employment within the arts sector encompasses a very wide range of activities. It can include those engaged in the arts practice within specific artistic genres and can also encompass areas which flow from such artistic pursuits. It may also embody the whole industrial creative sectors, including the audiovisual production sector.

The Government appreciates and values the contribution the arts sector makes to the internationally renowned artistic reputation of this country. Within the current economic constraints, investment in the arts, culture and creative sectors is more important than ever, having regard to the employment intensity of the sector.

The heritage area is also increasingly identified as a primary stimulus in the tourism sector and my Department is committed to promoting greater appreciation and understanding of Ireland's rich heritage as a valuable amenity for business, farming and tourism and as a means of presenting Ireland as an attractive destination for sustainable inward investment. While the Department of Transport, Tourism and Sport, and the agencies under its remit, have primary responsibility for the promotion of Ireland generally as an attractive visitor location, heritage sites, including national parks and national monuments, feature strongly in much of this promotion.

In addition, my Department through, for example, the provision of important heritage inventories, the funding for the conservation and presentation of the built heritage, and through support for the Heritage Council, assists in promoting greater appreciation and understanding of Ireland's heritage as a valuable amenity for residents and visitors alike. My Department is also directly involved in developing heritage initiatives with Fáilte Ireland, the Heritage Council and other organisations. I am confident that these and other initiatives will contribute to the quality of the national heritage tourism product, economic recovery and job creation.

National Monuments

Bernard J. Durkan

Question:

306 Deputy Bernard J. Durkan asked the Minister for Arts, Heritage and the Gaeltacht the extent to which ongoing inspections are carried out at protected or other monuments throughout the country with particular reference to the detection of the need for weather-proofing or other damage; and if he will make a statement on the matter. [12815/12]

The 757 national monuments in the ownership or guardianship of the Minister for Arts, Heritage and the Gaeltacht are managed and maintained by the Office of Public Works on a day to day basis. Local authorities are responsible for monuments in their ownership or guardianship. The vast majority of recorded monuments (approximately 120,000) are, however, privately owned and, while they are protected under the National Monuments Acts, the owners are responsible for their maintenance.

Appropriate action is taken if my Department becomes aware of threats or damage to monuments, including advice to owners, prosecution under the National Monuments Acts or, occasionally, rescue excavation work. My Department's National Monuments Service also maintains a general oversight of monuments in the course of its routine fieldwork.

Question No. 307 answered with Question No. 63.

Arts Sector

Bernard J. Durkan

Question:

308 Deputy Bernard J. Durkan asked the Minister for Arts, Heritage and the Gaeltacht the extent to which he expects to be in a position to support all aspects of the arts by way of conventional or new methods in the course of the current year; and if he will make a statement on the matter. [12817/12]

Government policy on the arts is set out in the Programme for Government. In the context of the 2012 Estimates, I have continued my endeavours to maximise ongoing Government support for the arts and culture sector. I remain committed to securing the best possible level of funding for the arts sector. Responsibility for the promotion of the arts at all levels throughout the country is primarily devolved to the Arts Council, which is the principal agency through which State funding is channelled to the arts. For 2012, the Exchequer allocation to the Arts Council is €63.241m.

Departmental Funding

Bernard J. Durkan

Question:

309 Deputy Bernard J. Durkan asked the Minister for Arts, Heritage and the Gaeltacht the number of bodies and/or groups, voluntary or otherwise, supported directly or indirectly by way of financial help in the past 12 months; if he expects to be in a position to maintain such assistance in the current and future years; and if he will make a statement on the matter. [12818/12]

As the Deputy will be aware, my Department oversees and has policy responsibility for the conservation, preservation, protection, development and presentation of Ireland's heritage and culture. My Department also seeks to promote the Irish language, to support the Gaeltacht and to assist the sustainable development of island communities. Information in relation to the functions of my Department, as well as the programmes and schemes operated by it, can be found on my Department's website at www.ahg.gov.ie.

A number of State bodies and agencies with responsibilities relating to various aspects of my Department's remit are funded from within my Department's Vote Group, together with a wide range of other bodies and organisations. It would not be feasible to provide the broad sweep of information requested by the Deputy in the context of a Parliamentary Question. However, if the Deputy has a particular question in relation to a specific body or issue, I would be glad to seek to provide the relevant information.

Arts Sector

Bernard J. Durkan

Question:

310 Deputy Bernard J. Durkan asked the Minister for Arts, Heritage and the Gaeltacht the extent to which it is intended or expected to utilise arts and culture as a means of projecting a positive image of this country abroad; and if he will make a statement on the matter. [12819/12]

Bernard J. Durkan

Question:

311 Deputy Bernard J. Durkan asked the Minister for Arts, Heritage and the Gaeltacht the extent to which it might be possible to use Irish culture and art imagery, buildings and landscape as a means of promoting Irish exports abroad and simultaneously promoting the arts; and if he will make a statement on the matter. [12820/12]

Bernard J. Durkan

Question:

313 Deputy Bernard J. Durkan asked the Minister for Arts, Heritage and the Gaeltacht the extent to which he expects to be in a position to promote, directly or indirectly, a positive image abroad of County Kildare in the course of the current year through the theme of art and culture; and if he will make a statement on the matter. [12822/12]

I propose to take Questions Nos. 310, 311 and 313 together.

I am strongly of the view that Ireland's arts and culture constitute one of our world-class, distinctive strengths as a nation and this view was reaffirmed by the positive findings of the Global Irish Economic Forum held last October. I am satisfied that the international promotion of Irish arts through my Department's Culture Ireland programme continues to make a notable contribution — not least in the US last year with the Imagine Ireland programme — in helping to restore our global reputation in these difficult times. At the same time, the promotion of Irish cultural and creative excellence in Europe and in key expert markets, such as China, offers fresh and innovative opportunities for the country, working in tandem with the promotion of trade, investment, tourism, agri-food and science. In particular, our EU Presidency in 2013 offers a new platform for cultural links with key European partners. In relation to the promotion abroad of County Kildare, the Deputy will understand that my remit in this context is a national one.

Cultural Institutions

Bernard J. Durkan

Question:

312 Deputy Bernard J. Durkan asked the Minister for Arts, Heritage and the Gaeltacht the degree to which it is intended to promote and increase visits and interest in historical and cultural sites throughout the country in the course of the current year and utilising the services of both the public and private sectors in the course thereof with consequent economic benefit; and if he will make a statement on the matter. [12821/12]

The National Cultural Institutions, which operate under the aegis of my Department, play a key role in increasing awareness of the value and benefit of cultural activities. Visitor numbers to our national cultural institutions and other cultural venues supported by my Department exceeded 3.6 million in 2011. This figure represents a moderate increase on the 2010 figure of 3.58 million and a significant increase over and above the 2009 figure of 3.25 million.

Initiatives to attract the interest of the general public and to enhance the visitor experience will remain a priority for all of these cultural institutions and venues in 2012 and my Department will continue to work closely with them in this regard. The quality and diversity of the cultural exhibits and events on offer at these institutions plays a key role in attracting such significant visitor numbers. In this regard, the funding provided by my Department to the cultural institutions is of critical importance in terms of the maintenance and preservation of existing collections and enhancing the calibre and range of the collections and exhibitions on offer.

Question No. 313 answered with Question No. 310.

Heritage Sites

Bernard J. Durkan

Question:

314 Deputy Bernard J. Durkan asked the Minister for Arts, Heritage and the Gaeltacht the extent to which he continues to monitor endangered heritage sites, buildings or locations throughout the country; the number of such locations or sites identified in the past 12 months; the action taken to address any issues arising; and if he will make a statement on the matter. [12823/12]

My Department has a broad range of responsibilities in respect to the protection of our natural, architectural and archaeological heritage and, in each case, there is a different suite of legislative instruments that provide for the protection of the relevant national heritage sites.

My Department directly manages 6 national parks and 66 nature reserves. In addition, it has responsibility for the monitoring of European nature sites established under the Birds and Habitats Directives, as well as natural heritage areas, nature reserves and refuges for fauna and flora established under the Wildlife Acts. All sites designated for nature conservation have been identified as requiring protection and are monitored on an on-going basis.

Under the provisions of Part IV (Architectural Heritage) of the Planning and Development Act 2000, as amended, each planning authority is required to include in its development plan a Record of Protected Structures. The making of an addition to, or deletion from, a Record of Protected Structures is a reserved function of the planning authorities. Inclusion in the Record of Protected Structures places a duty of care on the owners and occupiers of protected structures and also gives planning authorities powers to deal with development proposals affecting them, seek to safeguard their future and serve notice to require works to be carried out in relation to endangerment of protected structures. On the basis of information submitted by the planning authorities to my Department, there were 19 such notices served in 2008, 27 in 2009 and 10 in 2010. Information for 2011 is currently being sought.

The 757 national monuments in the ownership or guardianship of the Minister for Arts, Heritage and the Gaeltacht are managed and maintained by the Office of Public Works on a day to day basis. Local authorities are responsible for monuments in their ownership or guardianship. The vast majority of recorded monuments (approx 120,000) are, however, privately owned and, while they are protected under the National Monuments Acts, the owners are responsible for their maintenance. Appropriate action is taken where my Department becomes aware of threats or damage to monuments, including advice to owners, prosecution under the National Monuments Acts or, occasionally, rescue excavation work.

The Deputy will appreciate that the scope to provide for the protection of the State's heritage assets is constrained by the current national economic difficulties and the significant reduction in the public finances. However, my Department will continue to provide funding for the protection, conservation and development of our built and natural heritage, in so far as resources allow, in accordance with best practice and legal requirements, both nationally and internationally, and will intervene as provided by law to protect such sites.

Natural Heritage Areas

Seán Kyne

Question:

315 Deputy Seán Kyne asked the Minister for Arts, Heritage and the Gaeltacht if he is satisfied that proper procedures were followed in relation to the designation of the Moycullen Bog complex NHA, when ground inspections that allowed this NHA to be designated commenced; and if the public will be able to access the file concerning the visual assessment of the fields concerned for inclusion. [12843/12]

I am satisfied from the information made available to me that the processes undertaken by my Department which led to the designation of Moycullen Bog as a Natural Heritage Area by Statutory Instrument (SI No 584 of 2005) were undertaken in a fair and proper manner. The decision to designate Moycullen Bog was taken after a survey of the site in October 2003 and copies of the survey notes are available, on request, from the offices of my Department. Further details are also available on the website of the National Parks and Wildlife Service at www.npws.ie.

I am advised that notice of intention to designate this site issued to almost 4,000 individuals in early August 2004. In addition, notice of the proposed designation was broadcast on local radio and advertised in a local newspaper. Material relating to the proposal was made available for consultation purposes in local government offices and public libraries in the Galway area at the time. An appeals process was made available to those who wished to object to the proposal and I understand that this option was exercised by a number of individuals.

Appointments to State Boards

Gerry Adams

Question:

316 Deputy Gerry Adams asked the Minister for Arts, Heritage and the Gaeltacht if the Chief Executive Officer of Rehab (details supplied) is a member of any State board; and the remuneration, expenses or other payments they receive for such membership. [13239/12]

I am advised that the person referred to by the Deputy is not a member of any State board under the aegis of my Department.

Sale of State Assets

Michael McNamara

Question:

317 Deputy Michael McNamara asked the Minister for Communications, Energy and Natural Resources the number of job losses that will result in the privatisation in the energy sector of Bord Gáis; if that number is greater or lesser than the number of jobs that should be created from the €1 billion investment in job creation to be funded from the proceeds of the said sale; and if he will make a statement on the matter. [12419/12]

The Government has decided that Bord Gáis Éireann's Energy business will be part of the assets disposal programme. The Government has also reiterated its commitment to retaining Bord Gáis Éireann's gas transmission and distribution systems as well as the two gas interconnectors in State ownership as national strategic infrastructure. I do not foresee job losses in BGÉ as an inevitable outcome of the planned divestment of the Energy business.

The proposed sales can deliver positive outcomes for Ireland's energy markets, for the State utilities and their employees, for consumers and for business. Bord Gáis Energy is a dynamic and successful company, which has delivered real benefits for consumers as it has invested and grown in power generation and energy supply. Sale of the business will support this vibrant company and its employees to continue to grow while enhancing competition in the energy market for the benefit of the economy and consumers.

The Government has agreed with the troika that one-third of the asset disposal proceeds can be used for re-investment in our economy and the promotion of employment and economic recovery.

Telecommunications Services

John O'Mahony

Question:

318 Deputy John O’Mahony asked the Minister for Communications, Energy and Natural Resources the reason an area (details supplied) in County Mayo is not included in the national broadband scheme; if there are plans to include this location; and if he will make a statement on the matter. [12172/12]

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. Details of broadband services available in each county can be found on ComReg website at www.callcosts.ie.

In cases of market failure the Government will intervene, where it is appropriate and possible to do so. The National Broadband Scheme (NBS) represents such an intervention. It aimed to bring an affordable, scalable broadband service to certain designated electoral divisions where the extent of broadband coverage by commercial operators, at the time the Scheme was launched in 2008, was deemed to be insufficient. Prior to the commencement of the NBS, a detailed mapping exercise was carried out to determine those areas that would be included in the scheme and those which, by virtue of being already substantially served by existing broadband suppliers, could not be included.

EU State aid and competition rules govern how states can intervene in areas where existing service providers operate. Accordingly, the NBS is restricted to providing a basic service and is prohibited from providing a service in areas where to do so would give rise to an unacceptable level of market distortion. That mapping exercise found that the general area of Aughadiffin, Kilkelly, County Mayo was served by existing service providers and consequently it was excluded from the Scheme.

The Rural Broadband Scheme (RBS) was launched last year in recognition of the fact that despite the widespread availability of broadband throughout Ireland, there still remained individual premises that were unable to receive broadband provision, due to technical difficulties such as line of sight issues. This Scheme, which is being rolled out this year, is aimed at making a basic broadband service available to those individual un-served premises in rural non-NBS areas that wish to avail of such services. In total, 210 applications were received in respect of premises in County Mayo, with 3 applications from the Kilkelly area.

The combination of private investment and State interventions means that Ireland will meet the EU Commission's "Digital Agenda for Europe" target of having a basic broadband service available to all areas by 2013.

The Government accepts that the widespread availability of high speed broadband is a key requirement in delivering future economic and social development. The Next Generation Broadband Taskforce which I convened last summer has an important role to play in this regard. It comprises 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. 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. It is my intention to consider the findings, conclusions and recommendations of the report of the Taskforce and to move quickly thereafter to put in place the optimal policy environment for the delivery of high speed broadband.

Energy Prices

Timmy Dooley

Question:

319 Deputy Timmy Dooley asked the Minister for Communications, Energy and Natural Resources in view of the global cost of competitive pressures on large multinational employers here, if he will consider maintaining and extending the current level of large energy user customer credits beyond 30 September; and if he will make a statement on the matter. [12179/12]

The provision of secure, sustainable and competitive energy supplies is critical for the economy and for business and mitigating energy costs where possible remains a key priority. Global gas and oil prices have risen sharply since the start of 2011 driven by events in North Africa and Japan and high demand from China and India and other emerging economies.

Given Ireland's heavy reliance on imported gas and oil and small peripheral market size, the economy is a price taker in the global fossil fuel market and vulnerable to fossil fuel price fluctuations. Competitor countries are in many instances facing the same prospect and the objective in the context of higher global prices is that Ireland retains and where possible improves comparative competitiveness in terms of energy costs. I am committed to working with enterprise and with the energy sector to ensure that the costs of energy are as competitive as possible through those measures at our disposal, including sustained focus on energy efficiency and renewables to reduce our dependence and therefore lower our vulnerability to global price increases in such fuels.

The latest analysis of data published by EUROSTAT for electricity and gas prices is published by the Sustainable Energy Authority of Ireland (SEAI) and covers the period January to June 2011. The figures show Irish electricity and gas prices performing well at that point by reference to the EU average for medium to large business customers (above 2,000 MWh/annum). The VAT-exclusive electricity price in Ireland for these businesses ranged from 10% to 17% below the EU average and from 13% to 19% below the Eurozone average. The category includes the large multinational employers. The SEAI data also show that prices for business customers of gas were below the EU average by 4% to 25% for most business gas categories.

The Electricity Regulation (Amendment) (Carbon Revenue Levy) Act 2010 provided for the introduction of a Carbon Revenue Levy, payable by fossil fuel generators of electricity, the proceeds of which have been utilised for rebates to Large Energy Users (LEUs) to mitigate their electricity costs.

A recent Supreme Court judgment has found against the Commission for Energy Regulation's prohibition on the Carbon Revenue levy from being "bidded-in" by generators to the wholesale price of electricity in the Single Electricity Market. The consequences of the judgement are that generators will henceforth bid in the cost of the levy with potential impact on prices for the duration of the levy, which, under the Act, is due to cease at the end of 2012. My Department is assessing the judgement from all relevant policy perspectives in consultation with the Office of the Attorney General.

Departmental Reviews

Éamon Ó Cuív

Question:

320 Deputy Éamon Ó Cuív asked the Minister for Communications, Energy and Natural Resources the details of all policy reviews instigated by him and his Ministers of State since assuming office; and if he will make a statement on the matter. [12218/12]

I understand that the Deputy's question relates to the rationalisation of State bodies. My Department is currently reviewing the rationalisation proposals for agencies under its aegis as set out in the Public Service Reform Plan with the objective of addressing them within the required timeframe as set out in the plan.

Telecommunications Services

Joe Carey

Question:

321 Deputy Joe Carey asked the Minister for Communications, Energy and Natural Resources his plans regarding the provision of rural broadband services to those that may not have availed of registration under last year’s RBS; and if he will make a statement on the matter. [12277/12]

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. The State only intervenes in cases of clear market failure, such as in the cases of both the National Broadband Scheme (NBS) and the Rural Broadband Scheme (RBS). Any such State intervention is subject to EU State Aid scrutiny to ensure that it does not give rise to an unacceptable level of market distortion.

The RBS was launched last year in recognition of the fact that despite the widespread availability of broadband throughout Ireland, there still remained individual premises that were unable to receive broadband provision, due to technical difficulties such as line of sight issues. This Scheme, which is being rolled out this year, is aimed at making a basic broadband service available to those individual un-served premises in rural non-NBS areas who wish to avail of such services. Approximately 3,700 applications qualified under the Scheme and the Verification Phase of the Scheme is now underway. Under this phase, the details of applicants have been passed to Internet Service Providers who are participating in the Scheme and these companies have responded to my Department indicating where they may be able to offer services. I expect that a significant number of applicants may be served by commercial operators as part of this phase of the scheme. Once the applicants have given their written consent to be contacted by the companies in question, the companies will be in touch with written offers of service.

The response to date by industry suggests that virtually all premises in the country are capable of obtaining a broadband service from a supplier using one of the available technology platforms i.e. DSL, fixed or mobile wireless, cable or satellite. Where a commercial service has been shown to be available, the State cannot intervene with a subvention for alternative services.

While it is not feasible to re-open the RBS for applications, those living in areas covered by the National Broadband Scheme are still entitled to seek a service from "3" under this Government initiative up to August 2014 when the contract will expire.

The Government accepts that the widespread availability of high speed broadband is a key requirement in delivering future economic and social development. The Next Generation Broadband Taskforce, which I convened last summer, has an important role to play in this regard. It comprises 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. 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. It is my intention to consider the findings, conclusions and recommendations of the report of the Taskforce and to move quickly thereafter to put in place the optimal policy environment for the delivery of high speed broadband.

Offshore Exploration

Simon Harris

Question:

322 Deputy Simon Harris asked the Minister for Communications, Energy and Natural Resources if he will outline details, conditions and terms of a licence granted by him (details supplied) to explore for oil and gas deposits off the eastern coast; and if he will make a statement on the matter. [12296/12]

Simon Harris

Question:

323 Deputy Simon Harris asked the Minister for Communications, Energy and Natural Resources if he will outline the difference between the licence (details supplied) granted by him in respect of exploring oil and gas deposits off the eastern coast and the licence that would be required from him to extract any deposits found; and if he will make a statement on the matter. [12297/12]

I propose to take Questions Nos. 322 and 323 together.

Standard Exploration Licence 2/11 was granted last year to a consortium comprising Providence Resources plc and Star Energy Oil and Gas Ltd over an area of approximately 380 square kilometres in the Kish Bank Basin. The exploration licence confers on the holder the exclusive right to search for petroleum in the licensed area, but does not confer a right to produce/extract petroleum. The licence is subject to the provisions of the Licensing Terms for Offshore Oil and Gas Exploration, Development and Production 2007 which can be viewed on my Department's web site at the following link: http://www.dcenr.gov.ie/Natural/Petroleum+Affairs+Division/Licensing+Applications/.

The licence is for a term of six years from 18 August 2011, divided into two phases of three year each. During the first phase of the licence the licensees are required to drill an exploration well.

In the event that the exploration programme resulted in a commercial discovery being made then the licensees would require a number of statutory approvals for an extraction project, including a petroleum lease and a plan of development consent from the Minister for Communications, Energy and Natural Resources. Other relevant statutory consents could include an IPPC Licence from the EPA, a Foreshore Licence from the Minister for the Environment, Community and Local Government and a planning and development consent from An Bord Pleanála. All of these consent processes would include an environmental impact assessment with a public consultation phase. A safety permit would also be required from the Commission for Energy Regulation.

Telecommunications Services

Gerry Adams

Question:

324 Deputy Gerry Adams asked the Minister for Communications, Energy and Natural Resources the percentage of the population that has access to broadband, the locations across the State that cannot currently access broadband; and if he will make a statement on the matter. [12659/12]

Ireland's telecommunications market has been open to competition since 1999 and since then has developed into a well-regulated market supporting a multiplicity of commercial operators providing services over a diverse range of technology platforms. Despite the current economic difficulties, significant private sector investment continues to be made in the provision of broadband products and services.

The State is not a provider of services, except in instances of clear market failure such as in the cases of both the National and Rural Broadband Schemes. Such interventions are always subject to EU State Aid clearance to ensure no unacceptable level of market distortion takes place. Between these private and public investments, at least a basic broadband service is now available right throughout the country. Details of broadband services available on a county-by-county basis can be found on ComReg's website at www.callcosts.ie.

However, given the nature of some rural development, particularly in relation to one-off-housing, a relatively small number of rural premises do continue to experience difficulties in accessing reliable and affordable broadband services. The Rural Broadband Scheme should assist in addressing this problem. The combination of private investment and State interventions means that Ireland will meet the EU Commission's "Digital Agenda for Europe" target of having a basic broadband service available to all areas by 2013.

Electricity Transmission Network

Mary Lou McDonald

Question:

325 Deputy Mary Lou McDonald asked the Minister for Communications, Energy and Natural Resources if his attention has been drawn to the fact that persons who do not have land, planning permission or wind farms have applied and received grid application offers from EirGrid; and if he will make a statement on the matter. [12668/12]

Responsibility for the grid connection process is vested in the Commission for Energy Regulation (CER). I have no function in the matter. The CER operates a group approach to connecting projects to the national grid. The latest group approach, ‘Gate 3', was the subject of extensive public consultation by the CER prior to the design and roll out of the process. Following the consultation, CER made the decision to offer grid connections in Gate 3 based on completed date of applications to the system operator for grid connections and not to take other criteria such as land ownership or planning permission into account.

All those developers in Gate 3 have now received grid connection offers from EirGrid or ESB Networks, although the rate of take-up of these offers is not yet known. Grid Connection offers require a deposit to be paid at the time of acceptance which is related to the size of the project involved. This is designed to ensure that developers have demonstrable commitment to developing the project applied for.

Mary Lou McDonald

Question:

326 Deputy Mary Lou McDonald asked the Minister for Communications, Energy and Natural Resources if his attention has been drawn to the fact that a number of persons who have received grid application offers from EirGrid are selling these offers on the market; and if he will make a statement on the matter. [12669/12]

In accordance with the Electricity Regulation Act 1999, the statutory responsibility for the processing of connections to the electricity network and the costs related thereto are a matter for the system operator and the Commission for Energy Regulation (CER) in the first instance. I have no function in relation to national grid access.

Mary Lou McDonald

Question:

327 Deputy Mary Lou McDonald asked the Minister for Communications, Energy and Natural Resources the length of time on average it will take a new grid application to obtain a grid offer connection. [12670/12]

In accordance with the Electricity Regulation Act 1999, the statutory responsibility for the processing of connections to the electricity network and the costs related thereto are a matter for the system operator and the Commission for Energy Regulation (CER) in the first instance. I have no function in relation to national grid access.

Renewable Energy

Mary Lou McDonald

Question:

328 Deputy Mary Lou McDonald asked the Minister for Communications, Energy and Natural Resources if he will confirm that he is satisfied that Ireland will meet its renewable energy targets set for 2020; and the targets for each year up to 2020. [12671/12]

Under the Renewable Energy Directive 2009/28/EC Ireland has been set a legally binding target for renewable energy as a proportion of all energy consumption that must be achieved by 2020. The National Renewable Energy Action Plan sets out that this overall 16% target will be achieved through 40% consumption of renewables in the electricity sector, 10% in the transport sector and 12% in the heat sector. The targets are challenging and the plan sets out the actions needed and the barriers to be overcome in order to achieve the targets by 2020.

The progressive delivery of increased renewable energy is being supported by a variety of policy initiatives. In the transport sector, the biofuels obligation introduced in 2010 under the Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010, requires transport fuel suppliers to provide a specified amount of their sales in the form of biofuels. The obligation currently stands at 4% by volume which is equivalent to 3% in energy terms. The biofuel obligation will incrementally increase on a sustainable basis over the horizon to 2020 to meet the renewable transport target of 10% in 2020. In April 2011, I launched the Electric Vehicle Grant scheme to encourage early adoption of the technology by offering support of up to €5,000 for the purchase of Battery Electric Vehicles (BEVs) and Plug In Hybrid Electric Vehicles (PHEV).

Due to the cost of transporting heat, heat is generally consumed at the point of generation to maximise efficiency. The recently announced biomass feed-in-tariff for electricity exported to the grid provides for up to 310 MW of new biomass generation to be constructed. This will support renewable heating by stimulating the production of biomass and anaerobic digestion combined heat and power. Ireland's renewable heat target is particularly challenging given settlement patterns and housing density.

Renewable electricity is the largest contributor to Ireland's renewable energy consumption (estimated at 18% at the end of 2011) and will contribute most to the national 2020 target. The largest contribution in the electricity sector is expected to be made through generation from wind technologies, followed by biomass technologies. For the support of commercial renewable generation, my Department administers a renewable energy support mechanism known as the Renewable Energy Feed In Tariff (REFIT). EirGrid's data, available on their website www.eirgrid.com, shows that at the end of 2011, there were 1630 MW of wind generation connected to the grid, representing the majority of the 1900 MW of renewable generation on the system.

The latest modelling, undertaken by the Sustainable Energy Authority of Ireland (SEAI), (Energy Forecasts for Ireland to 2020 [2011]), projects that capacity of around 4000 MW of renewable generation will be required on the electricity system to deliver the 40% renewable electricity target by 2020. I am determined that the challenging 2020 target will be achieved and the policy measures set out above are testimony to my determination in this regard.

Energy Prices

Terence Flanagan

Question:

329 Deputy Terence Flanagan asked the Minister for Communications, Energy and Natural Resources the position regarding fuel pricing; and if he will make a statement on the matter. [12684/12]

Ireland is a price taker in the global fossil fuel market. The Irish oil industry is fully privatised, liberalised and deregulated and there is free entry to the market. There is no price control on petroleum products and it has been the policy objective of successive Governments to promote price competition and consumer choice.

Previous surveys have shown that prices which Irish retailers charge for oil products, relate to the refinery price rather than to the price of crude oil. Prices at the pump reflect the volatile market price, transportation costs, euro/dollar fluctuations and other operating costs as well as the impact of taxes on oil products. Taxation of fuel products including petrol is a matter for my colleague the Minister for Finance.

Freedom of Information

Gerry Adams

Question:

330 Deputy Gerry Adams asked the Minister for Communications, Energy and Natural Resources if he will provide a breakdown of the total fees received in his Department for freedom of information requests and the number of individual requests in each of the years 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010 and 2011. [12722/12]

Gerry Adams

Question:

331 Deputy Gerry Adams asked the Minister for Communications, Energy and Natural Resources if he will provide a breakdown of the number of freedom of information requests submitted in the years 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010 and 2011 to his Department; the total amount of fees charged and fees received in each year; the number and amount of initial search fees paid and the number and amount of search and retrieval fees paid. [12738/12]

I propose to take Questions Nos. 330 and 331 together.

My Department was established in 2007 and provision of information for the years prior to that year is not possible.

The information sought by the Deputy in the period 2007-2011 is set out in the table:

Year

No. Requests

No. Fees1

Fees1 Rec’d €

Refunds Made €

No. S&R2 Fees

S&R2 Fees €

2007

77

71

1,040.00

60.00

4

386.45

2008

72

47

705.00

0.00

1

117.32

2009

52

46

690.00

30.00

2

740.38

2010

55

52

775.00

150.00

5

739.59

2011

54

50

750.00

150.00

2

1,509.20

Total

310

266

3,960.00

390.00

14

3,492.94

1 Upfront fees normally €15 (or €10 for medical card holders).

2 Search and Retrieval.

In addition to the details sought by the Deputy, I can advise that over the period 2007 to 2011 a total of €2,650 was received in fees in relation to appeals of decisions issued under the FOI Acts.

Telecommunications Services

Martin Heydon

Question:

332 Deputy Martin Heydon asked the Minister for Communications, Energy and Natural Resources when acceptable broadband will be rolled out at a location (details supplied) in County Kildare; and if he will make a statement on the matter. [12835/12]

Ireland's telecommunications market has been liberalised since 1999 and the delivery of broadband services is therefore a matter, in the first instance, for private sector commercial operators. Details of broadband services available in each county can be found on ComReg website at www.callcosts.ie.

In cases of market failure the Government will intervene, where it is appropriate and possible to do so. The National Broadband Scheme (NBS) represents such an intervention. Prior to the commencement of the NBS, a detailed mapping exercise was carried out to determine those areas that would be included in the scheme and those which, by virtue of being already substantially served by existing broadband suppliers, could not be included.

EU State aid and competition rules govern how states can intervene in areas where existing service providers operate. Accordingly, the NBS is restricted to providing a basic service and is prohibited from providing a service in areas where to do so would give rise to an unacceptable level of market distortion. That mapping exercise found that Kildare town was served by existing service providers and consequently it was excluded from the Scheme.

The Rural Broadband Scheme (RBS) was launched last year in recognition of the fact that despite the widespread availability of broadband throughout Ireland, there still remained individual premises that were unable to receive broadband provision, due to technical difficulties such as line of sight issues. This Scheme, which is being rolled out this year, is aimed at making a basic broadband service available to those individual un-served premises in rural non-NBS areas who wish to avail of such services. In total, 164 applications were received in respect of premises in County Kildare.

The combination of private investment and State interventions means that Ireland will meet the EU Commission's "Digital Agenda for Europe" target of having a basic broadband service available to all areas by 2013.

The Government accepts that the widespread availability of high speed broadband is a key requirement in delivering future economic and social development. The Next Generation Broadband Taskforce, which I convened last summer, has an important role to play in this regard. It comprises 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. 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. It is my intention to consider the findings, conclusions and recommendations of the report of the Taskforce and to move quickly thereafter to put in place the optimal policy environment for the delivery of high speed broadband.

Departmental Expenditure

Éamon Ó Cuív

Question:

333 Deputy Éamon Ó Cuív asked the Minister for Communications, Energy and Natural Resources the amount of money allocated by him in the past four years to energy and natural resources; the amount of money allocated by him in the past four years to energy efficiency schemes including the warmer homes, the better energy scheme and their predecessor schemes; the allocation to the scheme in 2011 and 2012 from the jobs initiative scheme announced by the Government last year; and if he will make a statement on the matter. [12844/12]

The amounts of money allocated to energy and natural resources in the past four years are set out in the table:

2008 Actual Outturn

2009 Actual Outturn

2010 Actual Outturn

2011 Provisional Outturn

2012 Budget

Energy

67

80

116

118

1041

Natural Resources2

65

48

50

43

51

1 Includes €15 million capital carryover.

2 Natural Resources includes allocation for Inland Fisheries.

The amounts of money allocated to energy efficiency schemes in the past four years are set out in the table. It should be noted that from 2011, expenditure on the Warmer Homes Scheme has been consolidated into the National Energy Retrofit Programme. Expenditure on other energy efficiency supports has also been consolidated into this programme.

2008 Actual Outturn

2009 Actual Outturn

2010 Actual Outturn

2011 Provisional Outturn

2012 Budget

Low Income Housing/Warmer Homes Scheme

5.780

14.000

30.340

0

0

Public and Commercial Sector

1.000

0.570

0

0

0

Public Sector Energy Efficiency Support

0

4.000

0.996

0.012

0

Energy in Business/Energy Efficiency Action Plan Programme

4.000

4.400

2.903

0.154

0

Home Energy Savings Scheme/Insulation Programme

0

17.000

47.386

0

0

Better Energy Programme

0

0

8.139

98.410

82.8963

Total

10.780

39.970

89.764

98.576

82.896

3Includes €15m capital carryover.

Under the Jobs Initiative of May 2011, an additional €19 million in Exchequer funding was allocated to the National Energy Retrofit Programme. This was supplemented by €11 million savings from within my Department's 2011 allocation. The amount provided for 2012 is as set out above.

Disconnection of Utilities

Finian McGrath

Question:

334 Deputy Finian McGrath asked the Minister for Communications, Energy and Natural Resources his views on a matter (details supplied) regarding a gas bill. [12845/12]

Responsibility for the regulation of disconnection and reconnection processes and fees is a matter for the Commission for Energy Regulation (CER), which is an independent statutory body. I have no function in the matter.

It is the case that the continuing level of disconnections is a matter of considerable concern for me and my Government colleagues, the CER, voluntary organisations and energy suppliers. The current economic climate is placing additional pressures on consumers and many consumers are experiencing problems meeting outgoings including energy costs. The primary responsibility to manage customer debt rests with the energy suppliers and the customer. The key message for all customers is to contact their suppliers to make arrangements before the situation gets to the point of disconnection.

The CER, a statutorily independent body established under the Electricity Regulation Act, 1999, has responsibility for overseeing the regulation of Ireland's electricity and gas sectors. CER promotes competition in the electricity and natural gas markets so that customers can ultimately benefit from competitive pressures on prices, and also protects the interests of final customers, especially the disadvantaged and the elderly, by ensuring that standards of services are set and codes of practice are in place to protect vulnerable users.

In fulfilment of its customer protection remit, the CER has taken a number of initiatives in relation to disconnections policy since 2010. In 2010, changes were introduced to the allocation of costs of both disconnections and reconnections for non-payment between the supplier and customer. Instead of the customer bearing the entire cost, these costs are now shared equally by the supplier. The CER also issued updated Guidelines for the Disconnections Code of Practice requiring suppliers to engage with customers experiencing difficulties making payments against their bills.

The CER has also proactively facilitated a "Pay as You Go" metering system, also known as a prepayment meter, in both the natural gas and electricity industry to allow customers to manage their bills more effectively. The ‘Pay as You Go' metering system is being rolled out by all suppliers across the country. In addition to providing a useful budgeting tool to customers, suppliers are required to offer customers facing disconnection the option of a "Pay as You Go" meter, where this is suitable, instead of proceeding to disconnect the customer. In these circumstances the customer's outstanding debt is placed on the meter and is repaid over time.

CER advises that when a customer is disconnected from either natural gas or electricity for an extended period of time and their meter has been removed, prior to reconnection, the customer's installation requires safety checks and certification to ensure that it is still safe to have natural gas or electricity connected to it. In addition, if the customer has been disconnected for over two years, reconnection costs will be charged.

The Commission has a statutory responsibility to provide a complaints resolution service to customers with an unresolved dispute with their supplier or network operator. An Energy Customers Team has been set up within the Commission to deal directly with customers who have complaints. CER also provides a dedicated Energy Customers website at www.energycustomers.ie, which provides consumer information on the electricity and gas market and, in particular, on how to engage with its complaints resolution service.

In relation to the individual customer to whom this question is related, my Department is advised that the customer has been offered reconnection with a "Pay as You Go" meter which will facilitate the repayment of outstanding debt and avoid any further build up from occurring.

Appointments to State Boards

Gerry Adams

Question:

335 Deputy Gerry Adams asked the Minister for Communications, Energy and Natural Resources if the chief executive officer of Rehab (details supplied) is a member of any State board; and the remuneration, expenses or other payments they receive for such membership. [13241/12]

I wish to advise the Deputy that the individual in question is not a member of the Board of any State Body, which comes under the aegis of my Department.

Public Sector Pay

Mary Lou McDonald

Question:

336 Deputy Mary Lou McDonald asked the Minister for the Environment, Community and Local Government, following the response of the Minister for the Environment, Community and Local Government to Parliamentary Question No. 137 of 1 February 2012 in which he states the remuneration of city and county managers is sanctioned by the Department of Public Expenditure and Reform and was reduced in January 2010 in accordance with policy on pay, if he will supply in a tabular format the annual remuneration of each current city and county manager including his or her annual salary, allowances and expenses. [12609/12]

Salaries of City and County Managers are set out in the City and County Managers (Remuneration) (No. 2) Order 2010. The salaries for City and County Managers are set out in the table:

Local Authority Manager

Salary

Dublin City Council

€189,301

Cork County Council

€162,062

Fingal County Council

South Dublin County Council

Cork City Council

€153,260

Dún Laoghaire-Rathdown

Kildare County Council

Meath County Council

Limerick City Council

€142,469

Clare County Council

Donegal County Council

Galway County Council

Kerry County Council

Kilkenny County Council

Limerick County Council

Louth County Council

Mayo County Council

South Tipperary County Council

Westmeath County Council

Wexford County Council

Wicklow County Council

Galway City Council

€132,511

Waterford City Council

Carlow County Council

Cavan County Council

Laois County Council

Leitrim County Council

Longford County Council

Monaghan County Council

Offaly County Council

Roscommon County Council

Sligo County Council

North Tipperary County Council

Waterford County Council

There are a number of allowances available to County and City Managers.

County and City Managers may submit claims in respect of travel and subsistence expenses incurred as part of their official duties in accordance with the relevant travel and subsistence circulars. All local authorities are obliged to ensure that only essential travel is undertaken and that the number of employees going on any official journey is kept to an absolute minimum. Local authorities are also obliged to ensure that related expenditure is critically appraised and monitored.

A Manager may claim up to 7.5% of their salary in substitution of motor mileage rates contained in the travel and subsistence circulars, where a local authority considers that those allowances do not adequately recompense the Manager for the extent to which their car is used for official business.

A Manager or Assistant Manager may claim an allowance in respect of individual or casual entertainment expenses incurred by them in relation to development functions and public relations associated therewith. The level of allowance corresponds to the number of Assistant Managers and is contained in the following table.

Table

County or City Manager

Up to €2,095

Manager and one Assistant Manager

Up to €3,683

Manager and two or more Assistant Managers

Up to €5,270

Manager and three or more Assistant Managers

Up to €6,858

County and City Managers with designated responsibility for a Regional Authority may claim an allowance of €5,662 per annum in respect of these responsibilities.

Housing Grants

James Bannon

Question:

337 Deputy James Bannon asked the Minister for the Environment, Community and Local Government the reason a person (details supplied) in County Longford has been refused a grant for an extension due to requirements brought about by their disability, while their spouse, who has separate needs, has received grant aid; and if he will make a statement on the matter. [12779/12]

My Department's involvement with the Housing Adaptation Grant Schemes for Older People and People with a Disability relates primarily to the recoupment of a proportion of local authority expenditure on the payment of individual grants. The grant schemes, introduced in November 2007, are funded by 80% recoupment available from my Department together with a 20% contribution from the resources of the local authority. It is a matter for each local authority to determine how the funding is apportioned between the various grant measures and to manage the operation of the schemes in their areas from within the allocation.

Local authorities are responsible for the administration of the grant schemes including the processing and approval of individual grant applications, monitoring of work underway and the payment of grants on the satisfactory completion of the relevant works. Information relating to the status of individual applications is not available in my Department.

Community Development

James Bannon

Question:

338 Deputy James Bannon asked the Minister for the Environment, Community and Local Government the position regarding an application by a community centre (details supplied) in County Longford for equipment in respect of its newly built sports hall and community centre; and if he will make a statement on the matter. [12783/12]

I refer to the reply to Question No. 146 of 25 January 2012 which sets out the position in this matter. The documentation for the State Aid notification was submitted through the relevant EU notification systems on 13 January 2012. As soon as my Department receives the Commission decision we will notify all Local Development Companies and the project referred to in the question will be reconsidered should clearance be granted to award amounts over €200,000.

Household Charge

John Lyons

Question:

339 Deputy John Lyons asked the Minister for the Environment, Community and Local Government if an estate (details supplied) is exempt from paying the household charge. [12145/12]

James Bannon

Question:

361 Deputy James Bannon asked the Minister for the Environment, Community and Local Government the reason residential property owned by a Government Department is exempt from paying the household charge; and if he will make a statement on the matter. [12463/12]

Jack Wall

Question:

366 Deputy Jack Wall asked the Minister for the Environment, Community and Local Government if an estate (details supplied) in County Kildare can be considered in relation to the household charge; and if he will make a statement on the matter. [12587/12]

I propose to take Questions Nos. 339, 361 and 366 together.

The Local Government (Household Charge) Act 2011 and the Local Government (Household Charge) Regulations 2012 provide the legislation underpinning the household charge. Interpretation of the legislation is a matter for legal advice in individual cases and ultimately a matter for the Courts.

Section 3 of the Act provides that an owner of residential property on the liability date of 1 January 2012 is liable to pay the household charge. Section 2(2) of the Act provides that certain buildings are not residential property for the purposes of the legislation. Section 2(2)(b) provides that a building vested in a Minister of the Government, a housing authority (within the meaning of the Housing (Miscellaneous Provisions) Act 1992) or the Health Service Executive is not residential property for the purposes of the Act. In addition, section 2(2)(c) provides that a building owned by a body standing approved for the purpose of section 6 of the Act of 1992 is not residential property for the purposes of the Act.

A building that is not a residential property for the purposes of the Act is not liable to the household charge. The Acts place the onus on an owner of a residential property to assess his or her liability to the charges on the relevant liability dates and, if liable, to declare that liability and to pay the charges in respect of that property by the due dates.

Pension Provisions

Mary Lou McDonald

Question:

340 Deputy Mary Lou McDonald asked the Minister for the Environment, Community and Local Government if he intends to amend the pension entitlements or remuneration of existing city and county managers. [11209/12]

Mary Lou McDonald

Question:

341 Deputy Mary Lou McDonald asked the Minister for the Environment, Community and Local Government if he intends to amend the pension entitlements or remuneration of new entrant city and county managers. [11210/12]

Mary Lou McDonald

Question:

342 Deputy Mary Lou McDonald asked the Minister for the Environment, Community and Local Government the number of city and county managers that will avail of the Croke Park grace period retirement of February 2012; and if he will supply the retirement age of each manager availing of the grace period. [11211/12]

Mary Lou McDonald

Question:

360 Deputy Mary Lou McDonald asked the Minister for the Environment, Community and Local Government if he will provide, in tabular form, the amount received by each city and county manager on retirement between January 2000 and February 2012 providing a break down of the final lump sum by annual pension, lump sum payment, and special severance gratuity payment. [12457/12]

I propose to take Questions Nos. 340 to 342, inclusive, and 360 together.

Article 78 of the Local Government (Superannuation) (Consolidation) Scheme 1998 / 2007 deals with the pension entitlements of city and county managers. My Department has examined the new pension terms for secretaries general to assess how they apply to city and county managers. The implementation of new pension terms will require legislation. The precise detail of this is currently being examined.

Seven city and county managers retired at the end of their tenure of office between 1 January 2010 and 29 February 2012. The information requested in this regard is outlined in table 1. The information requested in respect of retirements from January 2000 to February 2012 is set out in table 2.

Table 1

Local Authority Manager for:

Retirement Date

Age at Retirement

North Tipperary

30/04/2010

61

Donegal

07/07/2010

65

Cork City Council

31/08/2010

63

Monaghan

30/11/2010

58

South Tipperary Co. Council

28/04/2011

65

Waterford Co. Council

19/09/2011

53

Limerick City Council

28/02/2012

58

Table 2

Local Authority Manager retirements from January 2000-February 2012

Local Authority Manager for:

Retirement Date

Annual Pension

Lump Sum Payment

Special Severance Gratuity Payments

Leitrim

02/01/2000

£28,012.50 Punts

£78,998.28 Punts

£28,012.50 Punts

Cork City

01/05/2000

£32,536.00 Punts

£91,967.23 Punts

£32,536.00 Punts

Monaghan

17/10/2000

£31,341.50 Punts

£96,469.55 Punts

Nil

Limerick County

11/05/2001

£36,002.00 Punts

£108,211.15 Punts

Nil

South Dublin

01/01/2002

€52,729.68

€161,600.19

€52,729.68

Clare

05/02/2002

€49,150.93

€143,437.87

€49,150.93

Kilkenny

30/04/2002

€50,074.00

€143,540.93

Nil

Louth

18/05/2003

€52,077.00

€150,375.57

Nil

Cavan

03/05/2003

Nil (Died in Service)

€138,943.13 (Death Gratuity)

Nil

Wexford

31/08/2003

€52,077.00

€150,649.56

€52,077.00

Galway

04/04/2004

€53,639.50

€160,918.50

€53,639.50

Kerry

13/04/2004

€53,639.50

€152,327.38

€53,639.50

Waterford County

17/07/2004

€49,575.50

€144,306.84

€49,575.50

Fingal

12/09/2004

€58,856.00

€171,488.61

Nil

Dún Laoghaire Rathdown

27/09/2005

€63,218.50

€181,660.51

€63,218.50

Longford

04/10/2005

€54,315.00

€171,367.50

Nil

Westmeath

03/01/2006

€51,069.81

€141,279.53

€59,649.50

Dublin City

17/06/2006

€85,214.50

€255,643.50

€85,214.50

Offaly

13/01/2007

€60,307.00

€172,405.29

€60,307.00

Cork County

18/12/2006

€76,124.50

€225,274.32

€76,124.50

Kildare

25/12/2006

€65,251.50

€193,123.04

€65,251.50

Clare

01/04/2009

€73,422.50

€205,770.23

€73,422.50

Mayo

30/11/2009

€73,422.50

€220,267.50

Nil

North Tipperary

30/04/2010

€68,290.50

€204,871.50

€68,290.50

Donegal

07/07/2010

€73,422.50

€220,249.72

Nil

Cork City

31/08/2010

€78,983.50

€236,950.50

€78,983.50

Monaghan

30/11/2010

€68,290.50

€201,735.74

€68,290.50

South Tipperary

28/04/2011

€73,422.50

€220,267.50

Nil

Waterford County

19/09/2011

€63,335.64

€189,664.16

€66,255.50

Limerick City

28/02/2012

€73,422.50

€202,541.55

€91,222.50

Building Regulations

Brendan Ryan

Question:

343 Deputy Brendan Ryan asked the Minister for the Environment, Community and Local Government if he will respond to the calls from concerned residents to overhaul the building regulations system to underpin the necessary remedial work for homes affected by pyrite; and if he will make a statement on the matter. [12170/12]

I have set up an independent Panel to examine the problem of pyrite in private housing and I have asked the Panel to report to me early this year. When I receive the report, I will give early and careful consideration to it and any recommendations it may contain.

Local Government Elections

Brian Stanley

Question:

344 Deputy Brian Stanley asked the Minister for the Environment, Community and Local Government the grade at which a public servant is precluded from taking up an elected position at local authority level; the grades ineligible for holding local authority elected positions; and if he will make a statement on the matter. [12203/12]

Section 13 of the Local Government Act 2001 provides that certain classes of persons are disqualified from being a member of a local authority. Section 13(h) provides that a civil servant who is not by terms of employment expressly permitted to be a member of a local authority is disqualified. In this regard, I understand that civil servants in the clerical grades and non-industrial grades with salary maxima equal to or below the maximum for clerical officer may stand as candidates at local election, subject to permission to do so being given by their Department.

Section 13(i) of the Act provides that a person employed by a local authority who is not the holder of a class, description, or grade of employment designated by order under section 161(1)(b) is disqualified from being a member of a local authority. Every class, description or grade of employment the maximum remuneration for which does not exceed the maximum remuneration for the grade of Clerical Officer is designated as employment for the purpose of section 161(1) of the Act. Section 13(g) of the 2001 Act disqualifies Gardaí and full time members of the defence forces from being a member of a local authority.

Election Management System

John O'Mahony

Question:

345 Deputy John O’Mahony asked the Minister for the Environment, Community and Local Government if a commission has been set up to review the European election constituencies; if so, the terms of reference of the commission; when it is expected to report; and if he will make a statement on the matter. [12224/12]

Section 5(1) of the Electoral Act 1997, as amended, requires that a Constituency Commission be established to review Dáil and European Parliament constituencies following the publication by the Central Statistics Office (CSO) of the preliminary results of a Census. Following the publication of the preliminary results of the 2011 census by the CSO last year I established a Constituency Commission.

Section 6 of the 1997 Act, as amended, sets out the functions of a Constituency Commission as follows:

(1) It shall be the function of a Constituency Commission to make a report in relation to the constituencies for—

(a) the election of members to the Dáil, and

(b) the election of members of the European Parliament.

(2) In preparing a report under subsection (1)(a) a Constituency Commission shall, in observing the relevant provisions of the Constitution in relation to Dáil constituencies, have regard to the following:

(a) the total number of members of the Dáil, subject to Article 16.2.2 of the Constitution, shall be not less than 153 and not more than 160;

(b) each constituency shall return 3, 4 or 5 members;

(c) the breaching of county boundaries shall be avoided as far as practicable;

(d) each constituency shall be composed of contiguous areas;

(e) there shall be regard to geographic considerations including significant physical features and the extent of and the density of population in each constituency; and

(f) subject to the provisions of this section, the Commission shall endeavour to maintain continuity in relation to the arrangement of constituencies.

(3) In preparing a report under subsection (1)(b) a Constituency Commission shall have regard to the following:

(a) the total number of members of the European Parliament to be elected in the State shall be 12 or such other number as may be specified for the time being pursuant to the treaties governing the European Communities;

(b) there shall be reasonable equality of representation as between constituencies; and

(c) the matters specified in paragraphs (b) to (f) of subsection (2).

(4) The reference in subsection (2)(c) to county boundaries shall be deemed not to include a reference to the boundary of a city or any boundary between any 2 of the counties of Dún Laoghaire-Rathdown, Fingal and South Dublin.

Section 9(1) of the Electoral Act 1997, as amended, requires a Constituency Commission to present its report to the Chairman of the Dáil no later than three months after the publication by the CSO of the final results of the Census in respect of the total population of the State. I understand that the CSO intends to publish the final results of the 2011 Census at the end of March 2012.

Home Purchase Schemes

Terence Flanagan

Question:

346 Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government the help available for those who find it difficult to get a deposit together (details supplied); and if he will make a statement on the matter. [12233/12]

The Government is committed to supporting access to home ownership for lower income households and a range of paths to home ownership will remain in place in that regard. These include the incremental purchase scheme, the availability of loan finance from local authorities for house purchase, including open market purchase, and the tenant purchase scheme. Two types of house purchase loan are available from local authorities: standard annuity loans targeted at lower income first time buyers and those under the Home Choice Loan scheme which are available to qualifying middle income first time buyers affected by the "credit crunch". The terms and conditions governing the operation, including eligibility terms, of annuity mortgages and the Home Choice Loan are set out under the Housing (Local Authority Loans) Regulations 2009 and the Housing (Home Choice Loan) Regulations 2009 respectively. These are available on my Department's website: www.environ.ie.

Private Residential Tenancies Board

David Stanton

Question:

347 Deputy David Stanton asked the Minister for the Environment, Community and Local Government the funding made available and expenditure of the Private Residential Tenancies Board each year respectively since it was established; the number of staff employed by the board each year respectively; and if he will make a statement on the matter. [12249/12]

David Stanton

Question:

348 Deputy David Stanton asked the Minister for the Environment, Community and Local Government if he will provide details of the number of applicants to the Private Residential Tenancies Board dispute resolution service in 2008, 2009, 2010, 2011 and to date in 2012 respectively; the number of staff currently engaged in the dispute resolution service of the board; the average waiting time for applicants to access this service in each of these years respectively; the number of cases currently awaiting a decision; and if he will make a statement on the matter. [12250/12]

I propose to take Questions Nos. 347 and 348 together.

I have no function in the operational matters of the Private Residential Tenancies Board (PRTB), an independent statutory body established on 1 September 2004 under the Residential Tenancies Act 2004. While the PRTB received Exchequer funding for a number of years, it has operated on a self-financing basis since 2010. The Table outlines the Exchequer funding received by the PRTB from 2004-2009.

Year

Exchequer Grant

2004

€154,266.00

2005

€1,703,279.00

2006

€2,973,787.00

2007

€5,739,940.00

2008

€3,812,417.00

2009

€974,415.00

The PRTB publishes a range of statistics in their annual reports and accounts which are available on its website www.prtb.ie. The statistics include data on dispute resolution figures and on staffing levels. The most recently published report and accounts relate to 2010. The PRTB has a current staffing complement of 50 and it is required, under the Employment Control Framework, to reduce this number to 35 by the end of 2012.

Planning Issues

Robert Dowds

Question:

349 Deputy Robert Dowds asked the Minister for the Environment, Community and Local Government in relation to a planning application (details supplied) in County Dublin, the reason item nine on the second schedule was not undertaken despite many attempts to have it done; the action he will take in the interest of public safety to ensure that the instruction in schedule nine is carried out as soon as possible. [12322/12]

The enforcement of the conditions attached to a planning permission is a matter for the relevant planning authority and I have no role in that regard. Under section 30 of the Planning and Development Act 2000, I am specifically precluded from exercising any power or control in relation to any particular case with which a planning authority or An Bord Pleanála is or may be concerned, including cases of planning enforcement.

Local Authority Housing

Patrick Nulty

Question:

350 Deputy Patrick Nulty asked the Minister for the Environment, Community and Local Government the number of persons who were housed by each local authority from their respective homeless list in each of the years 2008, 2009, 2010 and 2011; if he will provide a breakdown of the nature of housing provided, in terms of accommodation owned by local authorities, approved housing bodies, and accommodation leased under the rental accommodation scheme and the social housing leasing initiative; and if he will make a statement on the matter. [12332/12]

Under the Housing Act 1988 statutory responsibility for determination of eligibility and for assessment of housing need in relation to the provision of accommodation, including for those persons assessed as being homeless, is entirely a matter for the housing authorities concerned. Accordingly my Department does not hold the information requested in relation to the numbers accommodated from homeless lists or the breakdown by accommodation type.

In terms of the numbers of social housing accommodation units provided through the range of social housing support mechanisms details relating to 2008, 2009 and 2010 can be found in my Department's Annual Reports, available on my Department's website at: http://www.environ.ie/en/Publications/StatisticsandRegularPublications/AnnualReports-Departmental/. Figures in relation to 2011 have yet to be finalised and will be made available in the 2011 Annual Report and Annual Output Statement.

Water and Sewerage Schemes

Patrick Deering

Question:

351 Deputy Pat Deering asked the Minister for the Environment, Community and Local Government if he will consider increasing the grant of €2,000 per household for sewage connection to group schemes that would allow persons living further away to connect in view of the new Water Services Bill. [12334/12]

The rate of grant available for Group Sewerage Schemes is €2,031.58 per house or 75% of the cost of the scheme, whichever is the lesser. I have accepted a proposal from the National Rural Water Services Committee, who have a role in advising me on rural water policy, that the rate of grant be reviewed during 2012. They will be examining this issue, taking into account, inter alia, the results of a pilot programme funded by my Department to test a range of small-scale wastewater collection and treatment systems under Irish conditions.

Local Authority Budgets

Joan Collins

Question:

352 Deputy Joan Collins asked the Minister for the Environment, Community and Local Government if it has been brought to his attention that it is a matter for each local authority to determine its own spending priorities in the context of its annual budgetary process; and in this context the reason he is in ongoing consultation with Sligo County Council in relation to its 2012 budget, in view of the fact that the budget was adopted by majority vote at a meeting of the county council on 19 December 2011; and if he will make a statement on the matter. [12337/12]

I refer to the replies to Questions Nos. 131 and 134 of 29 September 2011, 466 of 24 January 2012 and 196 of 22 February 2012, in which I stated that 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. At the request of Sligo County Council, I met with a delegation from the Council on 31 January 2012 to discuss its financial position, including its adopted 2012 budget. My Department continues to be in ongoing consultation with the Council in relation to these matters.

Retail Sector Developments

Brian Stanley

Question:

353 Deputy Brian Stanley asked the Minister for the Environment, Community and Local Government if he will provide an update on proposals for new planning guidelines that will restrict the limit on the size of retail units; and if he will make a statement on the matter. [12342/12]

I intend to finalise the draft Guidelines for Planning Authorities on Retail Planning by April 2012. These are aimed at: ensuring that the planning system plays a key role in supporting competitiveness in the retail sector; advancing choice for the consumer while promoting and supporting the vitality and viability of city and town centres; and, contributing to a high standard of urban design and encouraging a greater use of sustainable transport. My objective will be to strengthen national planning policy requirements for all planning authorities in relation to retail planning and the requirements in relation to driving city and town centres as focal points for retailing.

Household Charge

Niall Collins

Question:

354 Deputy Niall Collins asked the Minister for the Environment, Community and Local Government the group that will be considering the structures and modalities for the property tax; if he will provide the names of the persons and the organisations they represent; the reason these persons have been chosen for the group; and if he will make a statement on the matter. [12365/12]

I have recently established an interdepartmental expert Group to design an equitable property tax having regard to its terms of reference. This Group, reflecting the principal Departments/Office concerned, has been asked to report to me by end April, 2012. I will then bring proposals to Government for decisions on the structure and modalities of the property tax. The members of the Inter-Departmental Group are:

Chairperson

Dr. Don Thornhill, Consultant.

Membership

Mr. Eugene Creighton, Assistant Secretary, Office of the Revenue Commissioners.

Mr. Des Dowling, Assistant Secretary, Department of the Environment, Community and Local Government.

Ms. Marie McLaughlin, Principal Officer, Department of Public Expenditure and Reform.

Mr. Eamonn Molloy, Assistant Secretary, Department of Communications, Energy and Natural Resources.

Mr. Derek Moran, Assistant Secretary, Department of Finance.

Mr. Brian O'Raghallaigh, Assistant Secretary, Department of Social Protection.

Departmental Schemes

Patrick Deering

Question:

355 Deputy Pat Deering asked the Minister for the Environment, Community and Local Government the structure that will replace the work done by the rural development officer in assisting with applications for the low income small holder initiative. [12395/12]

The initiative referred to in the Question was one of a series of measures implemented through the Local Development Social Inclusion Programme (LDSIP) that was designed to counter disadvantage and to promote equality and social and economic inclusion. The LDSIP programme came to an end on 31 December 2009 and was replaced by a new programme, the Local and Community Development Programme (LCDP).

The LCDP aims to tackle poverty and social exclusion through partnership and constructive engagement between Government/agencies and people in disadvantaged communities. The primary focus of the programme is to support individuals into employment and self-employment through education, training, work experience, job placement, enterprise and the social economy in both urban and rural areas. Low income farm families are among the targeted beneficiaries of the programme.

Water Services

Brendan Smith

Question:

356 Deputy Brendan Smith asked the Minister for the Environment, Community and Local Government if he will clarify the position of households nationally who have joint water supplies with their neighbours; if any data exists as to location of same; if the divide between urban and rural areas is known; if he will assure such residents (details supplied), that no additional costs will be imposed on them with the introduction of water charges over and above houses with an individual supply; and if he will make a statement on the matter. [12407/12]

As indicated in the reply to Question No. 144 of 29 February 2012, a public consultation process on the Government's proposals for the establishment of a new public water utility and the proposed approach to water charges and water metering concluded on 24 February. My Department received more than 300 submissions and these are now being considered.

The approach to be taken for the installation of meters in different household types, including those outlined in the question, is under consideration by my Department. Census 2011 asked households to provide information on the type of water supply they receive but householders were not asked if the supply was shared with other households or if their house was located in an urban or rural area. The Central Statistics Office will be publishing Census data on housing and households later this year.

Jack Wall

Question:

357 Deputy Jack Wall asked the Minister for the Environment, Community and Local Government his views on a proposal regarding Irish Water; and if he will make a statement on the matter. [12415/12]

It is proposed that Irish Water, although a national company, will have a regional and local focus, and a phased transition is proposed to ensure continuity of service and the building of a fit for purpose organisation within a reasonable timescale. No decisions have been made as yet in relation to the Headquarters of Irish Water.

My Department is currently examining the submissions received during the six week period of public consultation initiated by the Government on water sector reforms. These submissions will be taken into consideration in developing the implementation plan for the transition of water services functions from the city and county councils to Irish Water. The plan will, amongst other things, take account of the work being undertaken by my Department and NewERA on whether, and in what manner, skills within the State sector can be harnessed for the successful implementation of the proposed water sector reforms. It is expected that this implementation plan will be finalised in April 2012.

Water and Sewerage Schemes

Paul Connaughton

Question:

358 Deputy Paul J. Connaughton asked the Minister for the Environment, Community and Local Government if a sewerage scheme for Creggs, County Galway, will be included in the next water services investment programme for the county in view of the fact that current arrangements for the village are unsatisfactory and the village was included in Galway County Council’s water services assessment of needs submitted to his Department in July 2006 but was not included in the water services investment programme for 2010 to 2012 and thus has not been advanced any further; and if he will make a statement on the matter. [12423/12]

The Water Services Investment Programme 2010-2012, a copy of which is available in the Oireachtas Library, provides for the development of a comprehensive range of new water services infrastructure in County Galway. The programme includes contracts under construction and to commence to the value of some €130 million in Co. Galway during the period of the programme.

The programme aims to prioritise projects that target environmental compliance issues and support economic and employment growth. A key input to the development of the programme was the assessment of needs prepared by local authorities, including Galway County Council, in response to my Department's request to the authorities in 2009 to review and prioritise their proposals for new capital works in their areas. However, the Creggs Sewerage Scheme was not amongst the contracts and schemes included in Galway County Council's assessment of needs.

Progress under the Water Services Investment Programme 2010-2012 was reviewed in mid-2011 and through this process, consideration was given to any newly emerging priority contracts and schemes submitted by local authorities for addition to the Programme. No proposal for the Creggs Sewerage Scheme was received from Galway County Council in response to the review.

Consultancy Contracts

Clare Daly

Question:

359 Deputy Clare Daly asked the Minister for the Environment, Community and Local Government the name of the company which was awarded the contract for printing the household charge leaflet; the amount the contract was worth; if the contract was honoured; and the tendering process used in the awarding of the contract. [12451/12]

Wood Printcraft, Coolock was awarded the contract and supplied the household charge leaflet for the amount of €36,776.60. The National Procurement Service of the OPW has a framework agreement in place for the supply of leaflets and posters and Wood Printcraft was selected from the approved panel under this framework agreement.

Question No. 360 answered with Question No. 340.
Question No. 361 answered with Question No. 339.

Public Service Staff

Regina Doherty

Question:

362 Deputy Regina Doherty asked the Minister for the Environment, Community and Local Government with regard to the changes in recruitment policy, if remaining applicants on the panel for Dublin City Fire Brigade will be put on the new panel or alternatively, if a new panel is to be compiled, will previous panel members’ applications be fast tracked; the action that will be taken if there is not enough take-up through redeployment; and when the new panel will be assessed. [12499/12]

The recruitment moratorium in the Public Service was introduced by the Government in March 2009 as an emergency measure in response to the financial crisis facing the State. Under the terms of the moratorium no public service post, however arising, may be filled. When vacancies arise public bodies must reallocate or reorganise work or staff accordingly.

My Department has delegated sanction from the Department of Public Expenditure and Reform for implementation of the moratorium across all local authorities. Under the terms of the moratorium all local authority exceptions must be sanctioned by my Department.

Under section 159 of the Local Government Act 2001, each County and City Manager is responsible for staffing and organisational arrangements, including recruitment and day to day operational measures, necessary for carrying out the functions of the local authorities for which he or she is responsible. In this regard, it is a matter for City and County managers, in the first instance, to ensure that the reduction in staff numbers is managed so that the appropriate service level is maintained.

My Department works very closely with local authorities to ensure that critical posts are filled while overall numbers are reduced. All staffing sanction requests are examined on a case by case basis having due regard to the continued delivery of key services and the need for further reduction in overall staffing levels and expenditure in the local authority. I understand that the position in relation to staffing in Dublin Fire Brigade is kept under constant review by Dublin City Council management and that the panel which was in place since 2007 expired in December 2011.

Local authorities have been early movers in terms of staff reductions. Between June 2008 and December 2012 staff numbers have reduced by 7,500(20%) from 37,243 whole time equivalent (WTE) to 29,744 WTE and further significant reductions have taken place this year which will be reported in the March 2012 quarterly staffing return figures.

In the context of the very significant overall staff reductions, I am satisfied that fire service numbers have been protected. In the case of Dublin City Council its overall staff numbers have reduced from 7,326.15 WTE in June 2008 to 6,072.35 in December 2012, a reduction of 1,254(17%). In the same period the total number of full time fire fighters in Dublin City Council increased from 825 WTE to 874 WTE.

Local Authority Expenditure

Mary Lou McDonald

Question:

363 Deputy Mary Lou McDonald asked the Minister for the Environment, Community and Local Government the amount of moneys spent by each local authority year on year from 2000 to 2011 on funding third level education for councillors in tabular form. [12509/12]

The information requested is not available in my Department. The Local Government Act 2001 (Section 142) Regulations 2010 and the Guidelines accompanying the Regulations provide the basis for local authorities' consideration of appropriate training and development for councillors. The application of the Regulations and the Guidelines is a matter for each local authority concerned.

Household Charge

Sandra McLellan

Question:

364 Deputy Sandra McLellan asked the Minister for the Environment, Community and Local Government, further to Parliamentary Question No. 531 of 28 February 2011, if he will clarify the appeal procedure is to be applied to rectify this error or please advise if local authorities are to rectify the error. [12580/12]

The list of housing developments which have been designated eligible for a waiver from the household charge is set out under the Local Government (Household Charge) Regulations 2012. All households resident in a development prescribed as an unfinished housing estate for the purposes of the Local Government (Household Charge) Act 2011 are covered by the waiver. There is no appeals procedure. My Department will be working will all local authorities in preparing a new list for the purposes of the waiver in 2013.

Niall Collins

Question:

365 Deputy Niall Collins asked the Minister for the Environment, Community and Local Government if a person with an intellectual disability and in the care of State psychiatric services and is living in their own house, is liable to pay the household charge. [12584/12]

The Local Government (Household Charge) Act 2011 and the Local Government (Household Charge) Regulations 2012 provide the legislative basis for the household charge. Under the legislation, an owner of a residential property on the liability date of 1 January 2012 is liable to pay the household charge by 31 March 2012, unless otherwise exempted or entitled to claim a waiver.

Question No. 366 answered with Question No. 339.

Timmy Dooley

Question:

367 Deputy Timmy Dooley asked the Minister for the Environment, Community and Local Government if he will outline the criteria which exempt unfinished estates from the household charge; and if he will make a statement on the matter. [12658/12]

Tom Barry

Question:

368 Deputy Tom Barry asked the Minister for the Environment, Community and Local Government if he will consider adding an estate (details supplied) in County Cork to the list for household charge waiver. [12716/12]

I propose to take Questions Nos. 367 and 368 together.

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

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

Category two, where a receiver has been appointed;

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

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

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

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

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

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

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

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

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

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

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

Freedom of Information

Gerry Adams

Question:

369 Deputy Gerry Adams asked the Minister for the Environment, Community and Local Government if he will provide a breakdown of the total fees received in his Department for freedom of information requests and the number of individual requests in each of 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010 and 2011. [12725/12]

Gerry Adams

Question:

370 Deputy Gerry Adams asked the Minister for the Environment, Community and Local Government if he will provide a breakdown of the number of freedom of information requests submitted in 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010 and 2011 to his Department; the total amount of fees charged and fees received in each year; the number and amount of initial search fees paid and the number and amount of search and retrieval fees paid. [12741/12]

I propose to take Questions Nos. 369 and 370 together.

The information requested is set out in the table. All fees charged in respect of an FOI request must be paid prior to the records being released. Therefore, there is no variance between the fees charged and the fees received by my Department in any given year. My Department's policy with respect to charges applied to requests for information under FOI is set out on my Department's website —www.environ.ie.

FOI requests received and breakdown of fees by year from 2002-2011

2002

2003

2004

2005

2006

2007

2008

2009

2010

2011

No. of FOI requests received

368

303

112

120

128

99

127

127

135

100

Personal

N/A

N/A = This information is not readily available and its compilation would involve a disproportionate amount of time and work.

Motor Taxation

Ciaran Lynch

Question:

371 Deputy Ciarán Lynch asked the Minister for the Environment, Community and Local Government the state of legislation with regard to regulating declarations of non-use of a vehicle filed with the Garda; if there is any legislative or administrative facilitation of car insurance providers communicating with local Garda as to the operating or suspension of insurance with regard to an owner’s vehicle; if he intends to bring forward legislative proposals to deal with this matter; if he will give an indication as to any estimated sum at present being lost to the Exchequer arising from abuse of the present system; and if he will make a statement on the matter. [12757/12]

It is estimated that the annual loss arising from vehicle owners declaring their vehicles off the road is in the region of €84m. I intend to bring forward legislation this year to address the issue of off-the-road declarations. Currently, owners declare vehicles off the road for the purposes of motor tax after the fact, which is effectively unverifiable and open to abuse. I intend to provide that drivers will be able to declare their intention to keep their vehicle off-the-road in advance, so that if a vehicle is not to be used on a public road for a number of months, the owner will be able to inform the relevant authorities before taking the car off the road rather than afterwards, and so avoid a future liability for motor tax. As the new system will not allow for a retrospective declaration that a vehicle was off the road, there will not be any need for a verification check with motor insurers.

Community Development

Brendan Griffin

Question:

372 Deputy Brendan Griffin asked the Minister for the Environment, Community and Local Government his views on correspondence (details supplied); and if he will make a statement on the matter. [12767/12]

Meitheal Forbartha na Gaeltachta Teo (MFG) confirmed that its Board, upon examination of the company's financial situation, took the decision to cease trading on 7 September 2011 on the basis of insolvency. MFG is now in liquidation.

My Department is actively working to ensure that services in Gaeltacht areas previously supplied by MFG can be maintained. With regard to the Rural Development Programme (RDP) potential solutions must also be compliant with the relevant national and EU regulations and frameworks. There are complex legal and contractual issues with regard to MFG to be resolved and my Department is currently working on both long and short term solutions to ensure the continued delivery of the RDP, the Local and Community Development Programme (LCDP) and other programmes in Gaeltacht areas with the intention of finding a solution that will be efficient and effective and applied at the earliest possible opportunity. Any such solution will be compliant with all requirements of the Official Languages Act 2003.

Pobal, who administer the LCDP on behalf of my Department, has recently put in place an interim arrangement whereby funding for LCDP activities in Gaeltacht areas will be administered through contiguous Local Development Companies (LDCs) for an initial six month period, subject to a review of progress after 3 months. The LDCs have been advised that the LCDP services continue to be delivered to communities in an effective and coherent manner, through the medium of Irish, in the short/medium term, pending a longer term solution for Gaeltacht service delivery. The LDCs have been asked to prioritise the planning for this work by liaising with both Pobal and Údarás na Gaeltachta on how the work of the LCDP delivery to the Gaeltacht areas can be achieved. It is the Department's objective to have LCDP actions delivered to these areas within the next four weeks.

My Department is in the process of contacting promoters whose LEADER projects are at an advanced stage of development. An interim system, in cooperation with LDCs contiguous to Gaeltacht areas, is being established to facilitate payment of these projects in the short term. In parallel to this and as approved by the European Commission, a bidding/tendering process among LDCs that are currently contracted to deliver the LEADER programme, and thereby part of the accredited system, is being undertaken to determine a more permanent solution to address the long term delivery of Rural Development Programme (LEADER) funding in Gaeltacht areas.

Local Authority Housing

Dessie Ellis

Question:

373 Deputy Dessie Ellis asked the Minister for the Environment, Community and Local Government if his attention has been drawn to the fact that Dublin City Council local authority mortgage holders have received only a single 0.25% cut to their interest rate since the rates were last increased in August 2011, despite the fact that the ECB rate was cut by 0.25% in November and again in December 2011 and that in his replies to Parliamentary Questions Nos. 139 of 9 November 2011 and 221 of 15 December 2011, he stated that both cuts would be passed on to local authority mortgage holders; the steps he will take to immediately ensure the second 0.25% cut is passed on and that future cuts are passed on without delay; and if he will make a statement on the matter. [12827/12]

My Department understands that Dublin City Council will be implementing an interest rate cut of 0.25% from 1 February 2012 for all variable loans; a further rate cut of 0.25% is scheduled to be implemented on 1 April 2012.

Planning Issues

Dara Murphy

Question:

374 Deputy Dara Murphy asked the Minister for the Environment, Community and Local Government with regard to An Bord Pleanála and planning, after a planning application has been refused by a local authority, whether the four weeks allowed to make an appeal by the applicant to An Bord Pleanála is a law or simply a guideline; and if he will make a statement on the matter. [12828/12]

Section 37(1) of the Planning and Development Act 2000 provides that an applicant for permission and any person who made submissions or observations in writing in relation to the planning application to the planning authority in accordance with the permission regulations and on payment of the appropriate fee, may, at any time before the expiration of the period of four weeks beginning on the day of the decision of the planning authority, appeal to the Board against a decision of a planning authority.

Building Regulations

Finian McGrath

Question:

375 Deputy Finian McGrath asked the Minister for the Environment, Community and Local Government if he will support the residents of Priory Hall, Dublin, on the matters raised by one of the residents (details supplied). [12842/12]

I refer to the reply given to Question No. 162 of 1 March 2012 which sets out the position in relation to this matter.

Appointments to State Boards

Gerry Adams

Question:

376 Deputy Gerry Adams asked the Minister for the Environment, Community and Local Government if the chief executive officer of Rehab (details supplied) is a member of any State board; and the remuneration, expenses or other payments they receive for such membership. [13244/12]

The person in question is not a member of any of the Boards of State bodies under the aegis of my Department.

Commemorative Events

Joanna Tuffy

Question:

377 Deputy Joanna Tuffy asked the Minister for Justice and Equality the preparations that have been made in respect of the 50th International Eucharistic Congress by the Government including in respect of the management of the influx of visitors to this country and to the congress; and if he will make a statement on the matter. [12202/12]

I can inform the Deputy that the Garda Authorities are working closely with the Eucharistic Congress organisers in relation to the provision of the policing services that will be required for the relevant events. I can also inform the Deputy that in late 2011 officials of the Irish Naturalisation and Immigration Service (INIS) met with organisers of the Congress to provide information on visa related matters in order to ensure that visa required nationals travelling to the Congress were made aware of the visa requirements. My officials continue to be in regular contact with the organisers regarding registration numbers and nationalities so that the appropriate arrangements can be put in place to deal with any increase in visa applications that might arise as a result of the Congress being held here.

Visa Applications

Brian Walsh

Question:

378 Deputy Brian Walsh asked the Minister for Justice and Equality when he expects the immigrant investor programme and the start-up entrepreneur programme to be open for applications; and if he will make a statement on the matter. [12126/12]

Olivia Mitchell

Question:

409 Deputy Olivia Mitchell asked the Minister for Justice and Equality when the immigrant investor programme and start-up entrepreneur scheme will be operational; and if he will make a statement on the matter. [12755/12]

I propose to take Questions Nos. 378 and 409 together.

The specific details and application procedures for both programmes, including application forms, supporting documentation and other requirements of the programmes are currently being drafted and will made available at the formal launch later this month. I would expect applications to be accepted for these programmes soon after the formal launch.

Brian Walsh

Question:

379 Deputy Brian Walsh asked the Minister for Justice and Equality his plans to allow applications for long-term residency in respect of persons who hold business permission to remain in the State for more than five years; and if he will make a statement on the matter. [12171/12]

Long Term Residency is granted on the basis that a non-EEA national has completed five years legal residency in the State on work permit / work authorisation / working visa conditions. Residency is calculated from the corresponding Stamp 1 or Stamp 4 endorsements in an applicant's passport and not by the dates of commencement and expiry of each work permit. Periods of time where a person has not had legal residency cannot be counted in any application for long term residency. The current scheme for granting Long Term Residence is under review at the present time and the issue raised by the Deputy will be considered in that context.

Proposed Legislation

Joanna Tuffy

Question:

380 Deputy Joanna Tuffy asked the Minister for Justice and Equality the position regarding the Immigration, Residence and Protection Bill 2010; and if he will make a statement on the matter. [12209/12]

The Government's five-year Programme for National Recovery contains a commitment to—

". . . introduce comprehensive reforms of the immigration, residency and asylum systems, which will include a statutory appeals system and set out rights and obligations in a transparent way."

These commitments are being implemented by the Government through further development of the Immigration, Residence and Protection Bill 2010 which we have had restored to the Order Paper for that purpose. Further work is currently underway on the details of the Bill to take account of current Government policy objectives.

Visa Applications

Dessie Ellis

Question:

381 Deputy Dessie Ellis asked the Minister for Justice and Equality the reason for the current delays in the processing of bridging visas; the steps he is taking to rectify this situation; and if he will make a statement on the matter. [12261/12]

I have been informed by the Irish Naturalisation and Immigration Service that following on from the Undocumented Scheme of 2009, persons in employment who have become undocumented in the State through no fault of their own may apply to the Immigration Service of my Department (INIS) to have their cases considered for a temporary permission which allows them to apply for a work permit to work in the State and to regularise their immigration status in the State.

Cases currently on hands are being processed as quickly as resources permit. The processing time can vary from individual to individual depending on the documentation included at the time of application and the complexity of the case. The current processing time is up to 6 months.

Should the Deputy have a specific case in mind a query 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

Joanna Tuffy

Question:

382 Deputy Joanna Tuffy asked the Minister for Justice and Equality the number of applications for Irish citizenship currently being processed; the length of time it is taking to process applications and reach a decision; and if he will make a statement on the matter. [12278/12]

The Citizenship Division of the Irish Naturalisation and Immigration Service is currently processing over 16,000 applications for naturalisation. One year ago there was a backlog of approximately 22,000 applications awaiting decision. Since then, as a result of the measures I initiated to deal with the backlog, over 16,000 applications were dealt with in 2011; more than double the number finalised in 2010. This year to date I have made determinations on over 3,000 applications. I expect that the current backlog of standard cases will be cleared over the coming months with the 6 month average processing time for standard applications being reached by June 2012.

Garda Stations

Kevin Humphreys

Question:

383 Deputy Kevin Humphreys asked the Minister for Justice and Equality the date on which he will close a Garda station (details supplied) in Dublin 2; the station to which gardaí currently rostered there will be reallocated; if the same Garda resources will be dedicated to community policing of the catchment area affected as currently operate from that station; and if he will make a statement on the matter. [12281/12]

I have been informed by the Garda Commissioner that there is no date set yet on when Harcourt Terrace Station will close in 2012 and therefore, no final decision has been taken on where personnel will be redeployed.

Harcourt Terrace is in the Pearse Street District and the Garda strength of that District, as of the 31 January 2012, the latest date for which figures are readily available, was 332 with an additional 28 Garda Reserves assigned to the Station. These resources are augmented by 16 civilian staff who provide vital technical and administrative support in the Pearse Street District and free up sworn officers for operational duty. While all Gardaí have responsibility to deal with Community Policing issues as and when they arise, the number of dedicated Community Gardaí in Harcourt Terrace station is 8, with a further 18 attached to Pearse Street. The Commissioner is committed to providing a professional and effective service to the community, both urban and rural.

The importance of the partnership between An Garda Síochána and the community in preventing and detecting crime and maintaining a safe environment for everyone can never be over-emphasised and the pledge of An Garda Síochána is to continue to invest time and energy in those partnerships and relationships to the benefit of all. It is intended where possible that the resources presently assigned to Harcourt Terrace Garda station will remain in the Pearse Street District, subject at all times to operational requirements as determined by the Commissioner.

Tribunals of Inquiry

Simon Harris

Question:

384 Deputy Simon Harris asked the Minister for Justice and Equality his plans to establish an independent inquiry to ascertain the cause of the Stardust fire, Dublin, which took place on 14 February 1981 and which claimed the lives of 48 people; and if he will make a statement on the matter. [12293/12]

I can inform the Deputy that Mr. Paul Coffey SC was appointed to carry out an independent examination of the case made by the Stardust Victims Committee for a renewed inquiry into the Stardust fire. His report was published in January, 2009 and concluded that to establish a new inquiry in the absence of any identified evidence as to the cause of the fire would be of no obvious or any forensic value and not in the public interest. Subsequently, and in keeping with Mr. Coffey's recommendations, motions were passed in both Houses of the Oireachtas placing on the record of both Houses an acknowledgement of the original Tribunal's findings that there is no evidence that the fire was started deliberately and that the cause of the fire is unknown.

Garda Transport

Brendan Smith

Question:

385 Deputy Brendan Smith asked the Minister for Justice and Equality when a Garda patrol car will be restored to a station (details supplied) in County Monaghan; if he is satisfied that adequate personnel resources are attached to this station; and if he will make a statement on the matter. [12349/12]

The allocation of Garda resources, including transport, is a matter for the Garda Commissioner. At Divisional level the efficient deployment of Garda vehicles is a matter for the Divisional Officer in the light of operational requirements.

I am advised by the Garda authorities that a vehicle has recently been allocated to the Garda sub-district referred to by the Deputy. Additionally, I have been informed by the Garda authorities that they are satisfied the current policing arrangements within the Garda Cavan/Monaghan Division are sufficient to ensure that a comprehensive policing service continues to be delivered to the community. I have been further assured that the allocation of Garda transport and personnel within the Division will continue to be monitored and reviewed to ensure effective policing and that the optimum use is made of available resources.

Garda Accommodation

Kevin Humphreys

Question:

386 Deputy Kevin Humphreys asked the Minister for Justice and Equality his plans for a site (details supplied); when will the redevelopment and building programme begin on the site; the progress that has been made thus far and whether there is a date for when development will be complete; if the excavation and archeological work is completed on the site; and if he will make a statement on the matter. [12353/12]

The programme of replacement and refurbishment of Garda accommodation is based on agreed priorities established by An Garda Síochána. The programme is progressed in co-operation with the Office of Public Works, who have responsibility for capital expenditure in respect of Garda accommodation.

I am advised by the Garda authorities that certain tasks, including archaeology works, have been completed at the relevant site. In addition, I have been informed that proposals in relation to the remainder of the project have been developed to an advanced stage. This is a matter which will be progressed in the context of An Garda Síochána's identified accommodation priorities and in the light of available resources.

Garda Operations

Jonathan O'Brien

Question:

387 Deputy Jonathan O’Brien asked the Minister for Justice and Equality the levels of co-operation between the Garda and the PSNI; if prisoners from one jurisdiction are able to visit family in the other jurisdiction through the co-operation of both the Garda and the PSNI; the procedures in place for cross-jurisdictional movement of prisoners; and if he will make a statement on the matter. [12363/12]

I am happy to inform the House that the level of co-operation between the Garda Síochána and the PSNI has never been higher. The two forces co-operate seamlessly, across the range of policing activities.

Operational policing co-operation is the responsibility of the Garda Commissioner and the PSNI Chief Constable and their respective forces. Both police chiefs have emphasised the close nature and the high quality of the ongoing co-operation between their forces and it has been instrumental in preventing attacks, combating criminality and saving lives. The two police forces operate a Cross-Border Policing Strategy, which includes cross-Border investigations and operations, intelligence-sharing and security, information and communications technology and emergency planning.

Of course, combating the subversive threat remains an absolute priority for the Garda authorities and their PSNI counterparts. I can assure the Deputy, and the House, that the Government is committed to maintaining the highest level of co-operation between the Gardaí and the PSNI. Periods of temporary release may be granted to sentenced persons for humanitarian reasons, for example, for urgent family reasons. Such applications are considered on a case-by-case basis. Where necessary, the relevant authorities North and South consult with one another as to the arrangements to be made in such circumstances.

Asylum Applications

John Lyons

Question:

388 Deputy John Lyons asked the Minister for Justice and Equality if he will provide an update on an application for humanitarian leave to remain in respect of a person (details supplied). [12394/12]

Arising from the refusal of the person concerned and her daughter's asylum application, and in accordance with the provisions of Section 3 of the Immigration Act 1999 (as amended), the person concerned and her daughter were notified, by letter dated 15 April, 2010 that the then Minister proposed to make a Deportation Order in respect of them. They were 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 them. In addition, they were notified of their entitlement to apply for Subsidiary Protection in accordance with the European Communities (Eligibility for Protection) Regulations 2006.

The person concerned initiated Judicial Review Proceedings in the High Court, challenging the decision of the Refugee Appeals Tribunal in her case. She later withdrew her Judicial Review Proceedings against the Tribunal in November 2011. The matter was struck out and this Department received the Court Order to that effect in November 2011.

The position in the State of the person concerned and her daughter will now 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. The person concerned and her daughter have been invited to submit further representations in relation to their Section 3 applications and their applications for Subsidiary Protection. 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 and her daughter.

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

Citizenship Applications

Robert Dowds

Question:

389 Deputy Robert Dowds asked the Minister for Justice and Equality when persons (details supplied) in County Dublin will receive a decision on their applications for naturalisation; and if further documentation is needed in either case. [12405/12]

I am advised by the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) that applications for a certificate of naturalisation were received from the persons referred to by the Deputy in October, 2009. The applications are currently being processed with a view to establishing whether the applicants meet the statutory conditions for the granting of naturalisation. Further information was requested from the persons concerned in letters issued on 28 February 2012. Upon receipt of the requested information processing will be finalised and the cases will be submitted to me for decision as expeditiously as possible.

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

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

Niall Collins

Question:

390 Deputy Niall Collins asked the Minister for Justice and Equality the options available to an applicant (details supplied) for a certificate of naturalisation who has been refused; and if he will make a statement on the matter. [12409/12]

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 December, 2010 and I decided, in my absolute discretion, to refuse the application. The person concerned was informed of this and the reasons for it in a letter issued on 20th February, 2012. 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 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.

Family Law

Joanna Tuffy

Question:

391 Deputy Joanna Tuffy asked the Minister for Justice and Equality if he intends to implement the recommendations of the Law Reform Commission outlined in its 2010 report Legal Aspects of Family Relationships in respect of parental responsibility; and if he will make a statement on the matter. [12426/12]

Eric J. Byrne

Question:

394 Deputy Eric Byrne asked the Minister for Justice and Equality the position regarding the legal rights of same sex couples (details supplied) in respect of parenting rights and responsibilities; and if he will make a statement on the matter. [12444/12]

I propose to take Questions Nos. 391 and 394 together.

The Programme for Government contains a commitment to reform and modernise aspects of family law. In this context, the detailed recommendations in the Law Reform Commission's Report on the Legal Aspects of Family Relationships on guardianship rights (parental responsibility) for unmarried fathers, civil partners and step-parents are under consideration in my Department with a view to preparing legislative proposals.

Under the law as it stands, where a child's parents are married, both parents are automatically the child's guardians. Where a child is born outside marriage the mother is the sole automatic guardian. Where there is agreement between the parents, they can make a statutory declaration under section 2(4) of the Guardianship of Infants Act 1964, as inserted by section 4 of the Children Act 1997, appointing the father as a guardian of his child. In the absence of agreement, a non-marital father may apply to the court to be appointed a guardian of his child. A parent's same sex partner (whether or not they are civil partners) has no parental rights under the law.

Section 11 of the Guardianship of Infants Act provides that the guardian of a child or the unmarried father of a child, even if he is not a guardian, may apply to the court for its direction on any question affecting the welfare of the child, including orders on custody and access. In making such orders, and in determining whether an unmarried father should be appointed guardian, the court has to regard the welfare of the child as the first and paramount consideration. It is worth noting that the vast majority of applications for guardianship which proceed before the court are successful.

Citizens’ Rights

Finian McGrath

Question:

392 Deputy Finian McGrath asked the Minister for Justice and Equality the protection available for those who are wrongly accused of committing crimes (details supplied). [12430/12]

If the Deputy could provide more detail in relation to this case, I would be happy to examine the matter further.

Visa Applications

Willie O'Dea

Question:

393 Deputy Willie O’Dea asked the Minister for Justice and Equality the way persons (details supplied) in County Wicklow who had hoped to set up a business but who cannot, due to spousal visa delays, do so can allay any further delays; if his attention has been drawn to these delays at INIS; and if he will make a statement on the matter. [12441/12]

I am informed by the Irish Naturalisation and Immigration Service (INIS) that applications of this type are currently taking 7 — 9 months to process. The processing time for dealing with such applications can vary depending on the particular circumstances of each individual case and the nature of the investigation required. This processing time is considered a reasonable period in which to process such cases and in fact in the High Court Case of K M and D G -v- The Minister for Justice, Equality and Law Reform (2007 No. 321 J.R.) Justice John Edwards held that a period of between 9 and 12 months was reasonable for the making of such decisions. The processing time is also well within international norms for this type of application.

In this case, INIS advises me that the person concerned entered the State on foot of a short stay "C" type visitor visa which is normally given for a stay of up to 90 days. The person subsequently made an application for residency arising from marriage to an Irish national which was received by INIS on 10th January, 2012. Applications of this type are dealt with in chronological order on the basis of the month in which they are received. I understand that INIS is prepared to allow the person to remain in the State pending a decision on this application; if the person concerned leaves the State before a decision on the application she will need to be in possession of an Irish entry visa to enable her to return.

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.

Question No. 394 answered with Question No. 391.

Road Traffic Offences

Joe McHugh

Question:

395 Deputy Joe McHugh asked the Minister for Justice and Equality if he will describe the process that is involved in dealing with foreign registered vehicles that are caught breaking Irish speed limits; if they are liable for fines; the number of Northern Ireland registered motor vehicles that were recorded for speeding in this State in 2011; and if he will make a statement on the matter. [12454/12]

The issuing of fixed charge notices for relevant offences is a matter for An Garda Síochána. In relation to the process the Gardaí operate for dealing with foreign registered vehicles, I am informed that where the driver of a non-Irish registered vehicle is intercepted by a member of An Garda Síochána for a speeding offence, the name and address details are obtained and a fixed charge notice issues to the driver. I am further informed in relation to foreign registered vehicles that information is not maintained on the Fixed Charge Processing System in a manner which would disclose the number of Northern Ireland registered motor vehicles that were recorded as speeding in this State in 2011.

Citizenship Applications

Jack Wall

Question:

396 Deputy Jack Wall asked the Minister for Justice and Equality if an application for naturalisation was received prior to the signing of Statutory Instrument No. 569 of 2011 in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [12458/12]

I am advised by the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) that on 17 October, 2011, documentation submitted by the person referred to by the Deputy, including an application form for a certificate of naturalisation and a cheque for €950 was returned to him by registered post as he had used an old version of the application form that was valid prior to 24 June 2011. He was advised that he was required to complete and submit the correct version of the application form (Form 8) and also that a fee of €950, which represents the certification fee payable by approved applicants, was not required at that stage.

In November 2011, I signed into law Statutory Instrument 569/11, which introduced an application fee of €175 for all applications for naturalisation and updated the prescribed forms of application. On 18 January, 2012 documentation submitted by the person referred to was returned to him and he was requested to re-submit the application with the application fee of €175, which applies in respect of all applications lodged since 10 November 2011. The application of 17 October 2011 cannot be taken into consideration as only applications in the form prescribed in legislation at date of application can be accepted. 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.

James Bannon

Question:

397 Deputy James Bannon asked the Minister for Justice and Equality the position regarding an application for naturalisation in respect of a person (details supplied) in County Longford, which was applied for nearly five years ago; and if he will make a statement on the matter. [12460/12]

I am advised by the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) that an application for a certificate of naturalisation was received from the person referred to by the Deputy in June, 2008. The application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision as expeditiously as possible. The granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.

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

Missing Persons

Bernard J. Durkan

Question:

398 Deputy Bernard J. Durkan asked the Minister for Justice and Equality, further to Parliamentary Questions Nos. 408 and 410 of 7 February 2012, if he will indicate, by age and gender, the number of persons reported missing in the period 2000 to 2011 and still listed as missing in 2012 to date with particular reference to the age groups of five years and under, five to ten years, ten to 15 years and 15 to 20 years; those listed between 20 and 30 years or more; the extent to which Irish or other nationalities have been identified; the degree to which ongoing investigations continue to ascertain the current or likely whereabouts of those still missing; and if he will make a statement on the matter. [12464/12]

I am informed by the Garda authorities that the following table sets out the number of persons reported missing between 2000 and 2011 and up to and including 1 March 2012 by gender and nationality, according to the age categories specified in the Deputy's question, and who remain untraced.

Age (at time reported missing)

Missing

Gender

Nationality

Male

Female

Irish

Non-Irish

Unknown

0 to 4 years

9

4

5

6

3

0

5 to 9 years

7

2

5

0

6

1

10 to 14 years

16

8

8

3

12

1

15 to 19 years

360

236

124

23

261

76

20 years and over

221

180

41

115

74

32

All incidents where persons have been reported missing remain under investigation until such time as the person is located. An Garda Síochána reviews missing persons cases on a regular basis. The District Officer (Superintendent) in the area where a person has gone missing takes direct responsibility for all investigations and searches carried out. Local investigation teams are appointed by the District Officer, and all means necessary, including the services of specialist units, are deployed to assist in these investigations, as considered appropriate. The services of Interpol and Europol can also be availed of during such investigations, if necessary.

The Garda Missing Persons Bureau, which is responsible for all data relating to missing persons, provides expert assistance and advice to District Officers in all high risk missing person cases. The Garda authorities are satisfied that adequate resources, including staff and technology, are in place to deal with this issue and investigations are carried out in line with international best practice.

Visa Applications

Willie O'Dea

Question:

399 Deputy Willie O’Dea asked the Minister for Justice and Equality in view of the delay in processing spousal applications, if the Irish Naturalisation and Immigration Service, his Department or the Department of Foreign Affairs and Trade will issue multiple entry visas to applicants until their spouse visa application has been finalised; and if he will make a statement on the matter. [12493/12]

The current processing time-frame for considering residency applications on the basis of marriage to an Irish national is 7-9 months. In his judgment in the High Court Case of K M and D G -v- The Minister for Justice, Equality and Law Reform (2007 No. 321 J.R.) Mr. Justice John Edwards held that a period of between 9 and 12 months was reasonable for the making of such decisions. This period strikes an appropriate balance between facilitating the overwhelming majority of genuine applicants in this category within a reasonable period, while at the same time detecting less genuine cases, for example, marriages of convenience designed to circumvent immigration procedures. Having said this, however, it is hoped that this time frame can be reduced in the future.

The Deputy may wish to note that a visa is solely a form of pre-entry clearance for visa required nationals seeking to enter the state and conveys no automatic right of entry into the state on the holder. To preserve the integrity of the immigration regime, it is not the general practice of the Irish Naturalisation and Immigration Service to issue any multiple entry or re-entry visa to an applicant for long term residency in Ireland, such as spouse of an Irish national, until a decision has been made on an the more substantive application. To do so would effectively be to pre-empt the more substantive decision.

Garda Deployment

Kevin Humphreys

Question:

400 Deputy Kevin Humphreys asked the Minister for Justice and Equality if he will provide a breakdown of the moneys in 2009 to 2011, inclusive, that have been reimbursed to the State under section 30 of the Garda Síochána Act 2005, detailing the name and specific sum from individual sporting fixtures, music concerts, festivals or other events; and if he will make a statement on the matter. [12605/12]

Kevin Humphreys

Question:

401 Deputy Kevin Humphreys asked the Minister for Justice and Equality if the moneys that have been reimbursed to the State under section 30 of the Garda Síochána Act 2005 in respect of sporting fixtures, concerts, festivals and other events cover the actual financial cost of deploying gardaí at those events and if the remit of section 30 needs to be extended to adequately cover all associated policing costs; and if he will make a statement on the matter. [12606/12]

I propose to take Questions Nos. 400 and 401 together.

As I indicated to the Deputy in my reply to Questions Nos. 206 and 207 on 22nd February 2012, the Garda authorities have informed me that Garda records in relation to section 30 of the Garda Síochána Act 2005 are not maintained in a format which permits them to readily identify each of the parties from whom payments are received under the section. In that regard they have also indicated that during the years 2009 to 2011 policing services were provided for over 1,800 events. In the circumstances the Deputy will appreciate that the specific information he has sought could not be made available without a substantial and disproportionate use of resources which are required for other Garda purposes.

In so far as section 30 of the 2005 Act is concerned it is the policy of the Garda authorities that the relevant expenses should be recovered. That being said, circumstances will vary in relation to different events and, bearing in mind that public safety will always be the prime consideration for An Garda Síochána, certain costs may arise where recoupment is not sought. This would be the situation, for example, where a helicopter might be deployed as part of the policing arrangements for a major event. I understand that section 30 is generally operating effectively and this is a matter which will be kept under review.

Property Services Regulatory Authority

Patrick Nulty

Question:

402 Deputy Patrick Nulty asked the Minister for Justice and Equality when the Property Services Regulatory Authority will be established on a statutory basis; the reason for the delay; and if he will make a statement on the matter. [12655/12]

I wish to inform the Deputy that I intend to make an order establishing the Property Services Regulatory Authority (PSRA) as soon as possible. An advertisement inviting expressions of interest from suitably qualified persons for appointment as members of the Authority was published in December and a broad range of applications was received by the 21 December deadline. These have been assessed and I am currently finalising arrangements concerning the appointment of the first members of the PSRA. Other arrangements, necessary for the establishing of the Authority on a statutory basis, are proceeding concurrently.

Liquor Licensing Laws

Dominic Hannigan

Question:

403 Deputy Dominic Hannigan asked the Minister for Justice and Equality the steps a club has to take to apply and get a public house licence; and if he will make a statement on the matter. [12660/12]

The position is that the sale and supply of intoxicating liquor in members' clubs is governed by the statutory provisions of the Registered Clubs Acts 1904 to 2008. Such a club may apply to the District Court for a certificate of registration following the giving of due notice to the fire authority and publication of a notice concerning the club's intention to apply for such a certificate in a newspaper circulating in the locality. The Court may grant the certificate where it is satisfied that the club complies with the statutory requirements concerning membership and management of the club and where the club's facilities meet the required statutory standards. The certificate of registration allows the club to supply intoxicating liquor to club members and their guests on the club's premises during permitted hours.

I should add that the Government Legislation Programme provides for publication of the Sale of Alcohol Bill later this year. It will modernise the law relating to the sale, supply and consumption of intoxicating liquor in licensed premises and registered clubs by repealing the Licensing Acts 1833 to 2011 and the Registration of Clubs Acts 1904 to 2008 and replacing them with streamlined and updated provisions.

Departmental Agencies

Gerald Nash

Question:

404 Deputy Gerald Nash asked the Minister for Justice and Equality if the Reception and Integration Agency has any plans to develop facilities at a location (details supplied) in County Meath; and if he will make a statement on the matter. [12675/12]

The Reception and Integration Agency (RIA) of my Department is charged with responsibility for the accommodation of asylum seekers while their applications for protection are being processed. As of 12/02/2012, there were 5,313 accommodated in RIA centres located throughout the State. It is understood that there is speculation locally in relation to the premises specified in the question as to its possible future use as an asylum accommodation centre.

It is not uncommon for unused hotels in locations around the country to generate such speculation but, as a matter of long standing policy, RIA never comments on procurement issues. The speculation in this case appears to be connected to the nearby Mosney Centre, where currently approximately 573 persons reside. There are no immediate plans to change existing arrangements at that centre. RIA has now entered into discussions with the contractor at Mosney in the context of the expiry of the current contract this June. It is not possible at this stage to say what the outcome of those discussions will be.

As a general point, the number of asylum seekers requiring accommodation now and in the future is under constant review. It is not possible to predict what particular accommodation facilities will be required in the short or medium term future. RIA will continue to have regard for the recommendations contained in the "Value for Money Report and Policy Review — Asylum Seeker Accommodation Programme" (May 2010), which is available on RIA's website (www.ria.gov.ie). Generally, the management of the direct provision budget must operate under the general economic constraints which apply to all public spending.

Multi-unit Management Companies

Pearse Doherty

Question:

405 Deputy Pearse Doherty asked the Minister for Justice and Equality if it is legally permissible for management companies to clamp residents’ cars for non-payment of management fees; if so, the detail of the legal framework within which such action can take place; the safeguards in place to ensure management companies and/or residents committees are not abusing powers granted to them under law; and if he will make a statement on the matter. [12703/12]

The Multi-Unit Developments Act 2011 contains provisions which are intended to facilitate the fair, efficient and effective management of owners' management companies. Section 18 requires such companies to establish and maintain a scheme of annual service charges from which they may discharge expenditure incurred on the provision of common or shared services to the owners and occupiers of residential units, including insurance, waste management and security services. In order to ensure transparency and accountability, the annual service charge, and the services to be provided, must be approved by a general meeting of the members.

Section 18 also provides that the owner of each residential unit is under an obligation to pay service charges levied under the Act. As regards the recovery of unpaid service charges, section 22 provides that unpaid service charges may be recovered by the owners' management company concerned as a simple contract debt in a court of competent jurisdiction, i.e normally the District Court.

Criminal Injuries Compensation Tribunal

Ciaran Lynch

Question:

406 Deputy Ciarán Lynch asked the Minister for Justice and Equality the number of appeal cases listed for hearing by the Criminal Injuries Compensation Tribunal in 2012; the number of appeal cases dealt with in 2011 and 2010; if he will confirm that the full complement of members is available to the tribunal and adequate to deal with the case load; and if he will make a statement on the matter. [12714/12]

I can inform the Deputy that the Criminal Injuries Compensation Tribunal currently has 62 cases of appeal on hand, of which 27 relate to the General Scheme and 35 relate to the Prison Officers Scheme. I understand that it is not possible to say in advance how many of these appeals will proceed in 2012. Under the terms of Paragraph 17 of the Scheme, Tribunal members act on a part-time basis. Arrangements for hearings are dependent on the availability of members and the availability of solicitors and counsel on behalf of applicants. The Deputy might further wish to note that there were 41 appeal cases heard in 2011 and 12 in 2010 and that I am satisfied that the Tribunal is fulfilling its functions under the Scheme.

Freedom of Information

Gerry Adams

Question:

407 Deputy Gerry Adams asked the Minister for Justice and Equality if he will provide a breakdown of the total fees received in his Department for freedom of information requests and the number of individual requests in each of the years 2002 to 2011, inclusive. [12730/12]

It has not been possible to compile the figures for all the years in question in the time available. I shall write to the Deputy when the information has been collated.

Gerry Adams

Question:

408 Deputy Gerry Adams asked the Minister for Justice and Equality if he will provide a breakdown of the number of freedom of information requests submitted in the years 2002 to 2011, inclusive, to his Department; the total amount of fees charged and fees received in each year; the number and amount of initial search fees paid and the number and amount of search and retrieval fees paid. [12746/12]

It has not been possible to compile the figures for all the years in question in the time available. I shall write to the Deputy when the information has been collated.

Question No. 409 answered with Question No. 378.

Garda Deployment

Pat Breen

Question:

410 Deputy Pat Breen asked the Minister for Justice and Equality the situation regarding the future of a Garda division (details supplied); if the recent retirements will impact on this district or if a restructuring of this district is planned; and if he will make a statement on the matter. [12762/12]

The Garda Commissioner, under Section 22 of the Garda Síochána Acts 2005-2007, prepares a policing plan for the forthcoming year which must be submitted to me for approval. Any plans which the Commissioner has in relation to such matters as the closure of Garda Stations or alterations to Divisional or District boundaries must be detailed in that annual policing plan.

As the Deputy is aware, the 2012 policing plan provides for the closure of 31 Garda stations throughout the country, the formal closure of a further eight non-operational stations and the re-alignment of a small number of Districts in Laois and Meath. The stations/areas referred to by the Deputy are not listed in the 2012 Policing Plan. Any further closures of Garda Stations or realignment of Divisions must therefore be detailed in the policing plans for 2013 or subsequent years.

Garda Vetting of Personnel

Jack Wall

Question:

411 Deputy Jack Wall asked the Minister for Justice and Equality his views on correspondence (details supplied) regarding Garda vetting; and if he will make a statement on the matter. [12764/12]

I am informed by the Garda authorities that the current average processing time at the Garda Central Vetting Unit (GCVU) is 2 weeks approximately. Seasonal fluctuations and the necessity to seek additional information on particular applications can, however, result in this processing time being exceeded on occasion. At present there are a total of 103 personnel assigned to the GCVU. Of this 103, 4 are members of An Garda Síochána and 75 are full-time Garda civilian personnel. In addition, 20 civilian personnel have been employed on a temporary basis to help reduce the backlog and bring down processing times. A further 4 personnel have been assigned to the GCVU under the National Internship "Job Bridge" Scheme.

I would remind the Deputy that since I became Minister I have taken a number of measures to ensure that the time it takes for the processing of vetting applications improves significantly. I remain very conscious of the need to keep the time required to obtain a vetting to the minimum possible. Nonetheless registered organisations have been advised to take account of the possible need for additional information to be provided in some cases in their recruitment and selection process.

Citizenship Applications

James Bannon

Question:

412 Deputy James Bannon asked the Minister for Justice and Equality the position regarding an application for naturalisation in respect of a person (details supplied) in County Longford; and if he will make a statement on the matter. [12776/12]

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

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

Coroners Service

James Bannon

Question:

413 Deputy James Bannon asked the Minister for Justice and Equality the reason for the delay in carrying out an inquest into the death of a person (details supplied); and if he will make a statement on the matter. [12780/12]

I wish to inform the Deputy that while neither I nor my Department has any role in individual cases, I understand that the Coroner for County Longford intends to set an inquest date for early April 2012 in this case.

Deportation Orders

Jonathan O'Brien

Question:

414 Deputy Jonathan O’Brien asked the Minister for Justice and Equality if he will review the pending deportation order in respect of a person (details supplied) in County Mayo; if his attention has been drawn to the fact that the person did not have adequate legal representation during the processing of their claim for asylum, that they were the victim of sustained sexual abuse from a very young age which led to them leaving their home country; if his further attention has been drawn to the fact that due to the circumstances under which they left their home country they are at real and substantial risk of sexual violence if returned there, as well as there being a danger to their life and that of their family; and if he will make a statement on the matter. [12787/12]

The person concerned arrived in the State on 22 April 2003 and applied for asylum. She was deemed to be an unaccompanied minor and as such was accompanied by a (then) Health Board official when making her application. Following due consideration of her case in accordance with law, the Refugee Applications Commissioner refused her a declaration of refugee status. This decision was subsequently upheld by the Refugee Appeals Tribunal.

In the matters of legal representation, the records indicate that the applicant received legal assistance throughout the determination process and subsequently. In that regard, she availed of the assistance of the Refugee Legal Service as well as the service of a solicitor in private practice during the course of her application. Following the refusal of her asylum claim, representations were received under Section 3 of the Immigration Act 1999 (as amended) from the person concerned with the assistance of the Refugee Legal Service. After examination, it was recommended to the then Minister for Justice, Equality and Law Reform to sign a Deportation Order in respect of the person concerned which was duly signed on 27 October 2004. The Order required her to remove herself from the State. She presented herself to the Garda National Immigration Bureau initially but failed to "present" since 5 July 2005.

On 6 October 2005 she initiated Judicial Review Proceedings in the High Court, challenging the Minister's decision to make a Deportation Order against her. On 23 March 2007, the High Court refused the Judicial Review Leave Application. She instituted further Judicial Review proceedings on 10 February 2010 challenging the Subsidiary Protection decision made in respect of her son and the Deportation Order made against her son. Accordingly, as the matter is sub judice, I do not propose to comment further.

Citizenship Applications

Michael McCarthy

Question:

415 Deputy Michael McCarthy asked the Minister for Justice and Equality the reason for the delay in processing an application for a naturalisation certificate in respect of a person (details supplied); when a decision will issue; and if he will make a statement on the matter. [12806/12]

I am advised by the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) that a valid application for a certificate of naturalisation was received from the person referred to by the Deputy in April, 2008.

The application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted to me for decision as expeditiously as possible. As the processing requirements and time taken to complete necessary checks vary from case to case, it is not possible to provide a specific date for determination of an individual application. I can inform the Deputy that good progress continues to be made in reducing the time taken to process the generality of applications.

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.

Residency Permits

Michael Healy-Rae

Question:

416 Deputy Michael Healy-Rae asked the Minister for Justice and Equality if he will review a matter (details supplied) regarding a renewal of stamp 3; and if he will make a statement on the matter. [12829/12]

I am informed by the Irish Naturalisation and Immigration Service that the persons referred to by the Deputy arrived in the State, with their three children, on 17 July 2010 and have remained here since. They were granted temporary permission to remain by their local immigration officer. Their current permission to remain is valid until 15 September 2012. Their request for permission to remain in the State on a long-term basis will be considered when their current permission to remain comes up for renewal.

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.

Appointments to State Boards

Gerry Adams

Question:

417 Deputy Gerry Adams asked the Minister for Justice and Equality if the chief executive officer of Rehab (details supplied) is a member of any State board; and the remuneration, expenses or other payments they receive for such membership. [13247/12]

The person concerned is in receipt of annual fees as Chair of the Board of the Equality Authority, which totalled €11,292 in 2011. She does not claim expenses or other payments in respect of this role. It is also understood that she donates the fees outlined to charitable causes.

Pension Provisions

Eric J. Byrne

Question:

418 Deputy Eric Byrne asked the Minister for Defence the reason a person (details supplied) in Dublin 12 is being stopped €190 per month of their Army pension; and if he will urgently review this issue. [12269/12]

The person concerned is in receipt of a Defence Forces occupational pension from my Department, which is liable to income tax and the universal social charge on the same basis as applies generally. The amount in question is a statutory deduction of PAYE based on specific instructions as issued to this Department by the Revenue Commissioners. The relevant details are shown on his pension payslip. If the person concerned has any queries regarding the deduction of income tax he is advised to contact his regional Revenue office directly, the address of which is shown on his Tax Credit Certificate or on any correspondence received from Revenue.

Departmental Property

Jack Wall

Question:

419 Deputy Jack Wall asked the Minister for Defence the position regarding the taking charge of an estate (details supplied) in County Kildare by Kildare County Council; and if he will make a statement on the matter. [12585/12]

Jack Wall

Question:

420 Deputy Jack Wall asked the Minister for Defence if an estate (details supplied) in County Kildare can be considered in relation to the household charge; and if he will make a statement on the matter. [12586/12]

I propose to take Questions Nos. 419 and 420 together.

The Department has, in recent years, had ongoing correspondence and meetings with officials from Kildare County Council on a range of issues including the taking in charge of this estate. In this regard the Department has recently received further correspondence from the Council setting out their requirements in advance of having the estate taken in charge and my officials are examining these at the present time. The Department is eager to progress this issue and will endeavour, in conjunction with the County Council, to have the matter resolved as soon as possible.

The Local Government (Household Charge) Act 2011 provides the legislative basis for the household charge that applies to residential property. Under the Act an owner of a residential property is liable to the household charge. Under section 2(2)(b) of the Act, a building vested in a Minister of the Government is not a residential property for the purposes of the Act and is not liable to the household charge.

Freedom of Information

Gerry Adams

Question:

421 Deputy Gerry Adams asked the Minister for Defence if he will provide a breakdown of the total fees received in his Department for freedom of information requests and the number of individual requests in each of the years 2002 to 2011, inclusive. [12723/12]

Gerry Adams

Question:

422 Deputy Gerry Adams asked the Minister for Defence if he will provide a breakdown of the number of freedom of information requests submitted in the years 2002 to 2011, inclusive, to his Department; the total amount of fees charged and fees received in each year; the number and amount of initial search fees paid and the number and amount of search and retrieval fees paid. [12739/12]

I propose to take Questions Nos. 421 and 422 together.

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

Year

Number of Requests Received

Application Fee

Search and Retrieval Fee

Internal Review Fee

Total

2002

131

*—

2003

106

180.00

291.48

471.48

2004

49

320.00

83.18

75.00

478.18

2005

41

205.00

205.00

2006

52

415.00

415.00

2007

28

180.00

180.00

2008

52

430.00

430.00

2009

61

605.00

419.00

1,024.00

2010

62

315.00

461.06

776.06

2011

40

374.57

283.97

75.00

733.54

*The application fee for Freedom of Information requests was introduced on the 1st July 2003.

It has not been possible in the time available to compile a breakdown of the number of requests where search and retrieval fees were paid in respect of each of the years 2002 to 2011. The information will be forwarded to the Deputy as soon as possible.

Appointments to State Boards

Gerry Adams

Question:

423 Deputy Gerry Adams asked the Minister for Defence if the chief executive officer of Rehab (details supplied) is a member of any State board; and the remuneration, expenses or other payments they receive for such membership. [13242/12]

The bodies under the aegis of my Department are the Civil Defence Board, the Army Pensions Board and the Board of Coiste an Asgard. The Chief Executive Officer of Rehab is not a member of any of these boards.

Departmental Expenditure

Martin Ferris

Question:

424 Deputy Martin Ferris asked the Minister for Agriculture, Food and the Marine the amount of funding Horse Sport Ireland received in 2008, 2009, 2010 and 2011 in respect of the Irish draught horse. [12598/12]

HSI is in receipt of an annual grant and funding under the National Development Plan 2007-2013 from my Department to assist its work in promoting and developing the non-thoroughbred horse industry, including breed improvement initiatives which apply to the Irish Draught Horse. The following table details the funding paid by my Department to Horse Sport Ireland in the years in question.

Organisation

Year

Annual Grant€

NDP 2007-2013€

Total€

Horse Sport Ireland

2008

1,650,000

691,908

2,341,908

Horse Sport Ireland

2009

1,512,000

495,759

2,007,759

Horse Sport Ireland

2010

1,380,000

648,671

2,058,671

Horse Sport Ireland

2011

1,285,000

615,728

1,900,728

Horse Racing Ireland

Martin Ferris

Question:

425 Deputy Martin Ferris asked the Minister for Agriculture; Food and the Marine if he will provide the names of the studbooks maintained by Horse Sport Ireland. [12599/12]

Horse Sport Ireland is approved by my Department, in accordance with the relevant EU and National Zootechnical legislation, to maintain studbooks for the Irish Sport Horse and Irish Draught Horse breeds.

Martin Ferris

Question:

426 Deputy Martin Ferris asked the Minister for Agriculture, Food and the Marine the number of stud books maintained by Horse Sport Ireland. [12600/12]

Horse Sport Ireland is approved by my Department, in accordance with the relevant EU and National Zootechnical legislation, to maintain two studbooks.

Grant Payments

Billy Kelleher

Question:

427 Deputy Billy Kelleher asked the Minister for Agriculture, Food and the Marine the position regarding a dairy hygiene grant in respect of a person (details supplied) in County Cork; and when a decision will issue. [12148/12]

The person concerned submitted an application under the Dairy Equipment Scheme under the first tranche on 27 April, 2011. The application was approved into the scheme on 1 November 2011. The person named has submitted the payment claim and payment of the grant will take place when it has been determined that all the terms and conditions of the Scheme have been complied with. These checks will be completed as soon as possible.

International Agreements

Seán Kenny

Question:

428 Deputy Seán Kenny asked the Minister for Agriculture, Food and the Marine when he makes his submission to the United Nations global plan, if he will ensure the world and its growing population will have enough food to eat, and if he will prioritise small-scale farmers in developing countries; if he will prioritise small-scale farmers, especially women, in developing countries in his submission to the UN Global Strategic Framework for Food Security and Nutrition process in April 2012; if he will attend the meeting of the UN Committee on World Food Security in October 2012 in Rome, when the Global Strategic Framework for Food Security and Nutrition will be approved, demonstrating that Ireland is a leader in protecting small-scale farmers; and if he will demand a future of hope for farmers in Uganda and other poor countries. [12154/12]

The first discussions on the Global Strategic Framework will be held at the FAO Regional Conferences. The European Regional Conference, which my Department will be attending, will take place in April in Baku, Azerbaijan and will be an opportunity for Ireland to feed into the process and to influence the consensus ERG position to be formulated.

Ireland's submission will be prepared by my Department in consultation with our colleagues in the Department of Foreign Affairs and Trade. While our submission has yet to be completed, I can assure you that it will be very supportive of smallholder farmers, particularly women, in developing countries. Our submission will be informed by the 2008 Hunger Task Force Report, which recommended three priority areas for Ireland in its efforts to address global hunger: 1) support to smallholder farmers, particularly women, in Africa; 2) addressing maternal and infant undernutrition, and 3) strengthening international political commitment to addressing Hunger.

Ireland has made steady progress in implementing the Hunger Task Force recommendations. Through our overseas development programme, Irish Aid, we support a comprehensive range of programmes to sustainably improve food and nutrition security of the poorest and most vulnerable. For example, in Malawi, we support smallholder farmers' organisations to improve soil fertility and diversify to more nutritious crops; in Tanzania, we support smallholder farmers' access to better farm inputs such as seeds and fertiliser; and in Lesotho, we support smallholder farmers to develop vegetable gardens to improve household nutrition. At the international level, we work to ensure that global agricultural research is focused on the needs of women smallholder farmers, and that research outputs are readily available to the poorest farmers.

The UN Global Strategic Framework for Food Security and Nutrition is another opportunity to further Ireland’s work in this area, and I look forward to engaging with it. A full meeting of the UN Committee on World Food Security takes place every October and is attended by my officials and officials from the Department of Foreign Affairs and Trade. A decision on Ministerial attendance will be taken closer to the event.

Poultry Industry

Maureen O'Sullivan

Question:

429 Deputy Maureen O’Sullivan asked the Minister for Agriculture, Food and the Marine if he will provide mortality figures and other information (details supplied) in relation to factory farmed broilers; and if he will make a statement on the matter. [12163/12]

The Department of Agriculture, Food and the Marine does not keep records of mortality figures for factory farmed broilers. The majority of broilers are reared under contract to processors and these figures would be a matter between the grower and the processor. The table sets out the total number of birds slaughtered in export approved plants in the years 2009, 2010 and 2011:

Year

Total No. of birds slaughtered

2009

74,872,378

2010

83,139,886

2011

85,183,737

Ante mortem checks are carried out at processing plants. As a percentage of the national kill, less than 0.5% of broilers are condemned by Department of Agriculture, Food and the Marine personnel between arrival at the factory and processing. There is no statutory requirement to maintain statistics on fracture damage. There are many different causes of mortality in broilers including septicaemia, toxaemia, emaciation and pendulous crop, or other systemic diseases.

In relation to veterinary medicines, only products which are licensed to the requisite EU scientific standard and have demonstrated quality, safety (including from a consumer viewpoint) and effectiveness may be used. The Irish Medicines Board website (www.imb.ie) lists all authorised products. Medicines may only be used following prescription by the farmer’s private veterinary practitioner. The prescribing practitioner must have formal responsibility for the care of the birds and having satisfied themselves that the medication is justified; specify the particular medicine to be used, together with any associated conditions, including duration of treatment. While, under relevant EU and national legislation, the primary responsibility for producing safe food rests with the Food Business Operator, my Department carries out inspections and residue surveillance to verify that relevant requirements are being met.

E.coli encompasses many strains, not all of which are pathogenic. Scientists use the term colonised rather than infected due to the fact that the bacteria do not cause infection or lesions to the broilers. It is known internationally that all broilers, including those reared under a free-range system are colonised with E.coli. Campylobacter is found in most raw poultry and is common in raw meat. The European Food Safety Authority (EFSA) carried out an EU-wide survey in 2008, which indicated a high prevalence of Campylobacter across the EU. 77% of broiler carcasses samples tested positive with the prevalence in Ireland being the second highest. Based on the number of case notifications the human population incidence rate in Ireland is below European levels. The Food Safety Authority of Ireland (FSAI) published recommendations for a Practical Control Programme for Campylobacter in the Poultry production and Slaughter Chain in 2011.

In addition to normal good hygiene and storage practices, consumers are advised to thoroughly cook poultry meat as this will eliminate any campylobacter and E.coli. I am advised that the practice of pumping fresh poultry meat, as described in the question, does not take place in the Republic of Ireland.

Rural Environment Protection Scheme

Éamon Ó Cuív

Question:

430 Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine if inspectors under the REP scheme are entitled to carry out unannounced inspections on farmers’ properties; and if he will make a statement on the matter. [12189/12]

REPS 4 is a measure under the current 2007-13 Rural Development Programme and is subject to the relevant EU Regulations in relation to inspection procedures and other issues. My Department's policy with regard to REPS inspections is that they are unannounced. This practice is provided for in the EU regulations.

Disadvantaged Areas Scheme

Éamon Ó Cuív

Question:

431 Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine if horses are eligible to be counted as livestock for stocking density purposes under the 2012 disadvantaged areas scheme; and if he will make a statement on the matter. [12190/12]

The proposed changes to the 2012 Disadvantaged Areas Scheme, including the proposed changes relating to the calculation of the minimum stocking density requirements, are still the subject of discussions between my Department and the EU Commission.

Harbours and Piers

John O'Mahony

Question:

432 Deputy John O’Mahony asked the Minister for Agriculture, Food and the Marine when an announcement will be made on grants in respect of piers and harbours for 2012; and if he will make a statement on the matter. [12235/12]

My Department is currently assessing all applications made for funding from the 2012 Fishery Harbour and Coastal Infrastructure Development Programme. Individual applications are being assessed in the context of the available exchequer funding and their overall priority ranking. I expect to be in a position to announce the detail of the programme in the near future.

Departmental Expenditure

Michael Moynihan

Question:

433 Deputy Michael Moynihan asked the Minister for Agriculture, Food and the Marine if he will provide the details and costs of any newspaper supplements his Department has been involved with over the past 12 months; and if he will make a statement on the matter. [12285/12]

My Department contributed to one Newspaper supplement over the past 12 months at a cost of €48,400 including VAT. The publication entitled "A-Z of Agri-Food" was published last December and circulated with the Irish Independent. The aim of the publication was to promote Irish food and food businesses at home and abroad. The magazine was also circulated to schools around the country, to Irish Embassies abroad and to trade bodies. Altogether, some 250,000 copies have been circulated.

Michael Moynihan

Question:

434 Deputy Michael Moynihan asked the Minister for Agriculture, Food and the Marine the details of the total photography costs his Department incurred at the National Ploughing Championships; and if he will make a statement on the matter. [12286/12]

The amount spent on photography by my Department at the 2011 National Ploughing Championships was €6,762.85. This represents the costs associated with the Minister and Minister of State over the 3 days of the Championships.

Animal Diseases

Michael Moynihan

Question:

435 Deputy Michael Moynihan asked the Minister for Agriculture, Food and the Marine if he will provide an update on the Schmallenberg virus which is currently in the UK and other parts of Europe; the precautions and measures that have been put in place to safeguard the Irish agri-food industry here; and if he will make a statement on the matter. [12314/12]

Schmallenberg virus is a newly emerging disease. There is no evidence to suggest that the disease is transmissible to humans. The disease is not officially notifiable and there is no evidence that the disease is present in Ireland.

The EFSA (European Food Safety Authority) and ECDC (European Centre for Disease Control) and also the animal and human health authorities at national level, are collaborating to ensure rapid detection of any change in the epidemiology in animals and humans. Investigations and research projects are ongoing in the affected countries to better understand the epidemiological and the microbiological aspects of this outbreak among ruminants and Ireland is collaborating in this work.

The information available on the Schmallenberg virus suggests that it is part of the Simbu serogroup viruses that are primarily transmitted by insect vectors (midges, mosquitoes). There is no direct transmission from animal to animal, other than maternal transmission from mother to offspring in utero. Exposure to a similar virus — Akabane virus (widespread in Australia) induces strong immunity in the infected animal.

Schmallenberg virus manifests in ruminants—

Adult cattle — (transient) febrile illness and milk drop and

As congenital malformations in newborn animals/aborted animals (mainly sheep).

It appears that the infection in Europe occurred last summer/autumn. If in-calf cows were to have been affected in a similar manner to sheep, this would not manifest in the new born calves until later on, as the gestation period for bovines is about 280 days as opposed to 150 days for sheep. The virus distribution is mainly concentrated across north-central parts of Continental Europe (Netherlands, France, Germany, Luxembourg, Italy and Belgium) and southern areas of England. In the region of 1,000 farms are confirmed as being affected with these congenital defects so far.

The Commission in collaboration with the Member States through SCOFACH (relevant EU Standing Committee) has published a guidance document on its website in which it sets out full details of the knowledge to date on the virus and procedures for providing surveillance data to the European Food Safety Authority who have been charged with providing a full report on the virus by end of May 2012.

The Department has notified relevant persons (Veterinary staff and practitioners) to report and submit samples of any animals showing unexplained clinical symptoms of the disease or suspect birth defects. There is no suitable test yet available for general surveillance purposes. However, a PCR test to detect the virus is currently in use in my Department Laboratories. Some 58 samples tested to date in the Department's laboratory samples from animals presenting with clinical signs that may be associated with infection have tested negative.

Single Market rules preclude Member States from interfering with intra-union trade in animals except on legitimate animal health grounds. Accordingly, animals are free to move in trade in the Union provided they are certified as being compliant with animal health rules. Importers should ensure that any such imports are fully compliant with EU rules and that they operate to the highest standards of bio-security to ensure that no diseases are introduced to Ireland via such imports or the vehicles transporting them.

A Departmental group chaired by the Secretary General is monitoring developments is respect of the virus. We will continue to monitor this developing situation, maintain close contact with our colleagues in Northern Ireland, and will review as appropriate in light of any new information that becomes available or with the development of new testing capabilities.

Afforestation Programme

Michael Healy-Rae

Question:

436 Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine if he will ensure that the restrictions in place at present with regard to planting forests are changed in order to enable more farmers to plant land to ensure their future viability and sustainability; and if he will make a statement on the matter. [12347/12]

The afforestation schemes provide attractive grants and premiums to incentivise the planting of agricultural land by farmers and other landowners, to support the continued development of a viable and sustainable national forest resource.

All applications submitted to my Department for approval to undertake afforestation are examined regarding the suitability of the site from a silvicultural, productivity and environmental perspective. This includes an evaluation of site productivity issues such as soil type, fertility, exposure and access, and an assessment of any potential environmental impact of the project on water quality, nature conservation, archaeology and landscape.

Certain sites are less suited for forestry. Poorer quality site types are predominantly peat and are often characterised by poor fertility, high elevation and constrained by poor access, wind stability issues, high fire risk, etc. These poor site types are also very sensitive from an environmental perspective and have limited timber productivity. In the current economic climate, my Department is not prioritising the use of limited Exchequer funds to support the establishment of new forests on such sites, on silvicultural, site productivity and environmental grounds.

My Department has a legal responsibility to ensure that every hectare approved for afforestation complies with requirements set out under various environmental European Directives such as the Birds and Habitats Directives, the EIA Directive and the Water Framework Directive, and with corresponding national legislation. This will ensure that the ongoing expansion of the national forest resource is compatible with the protection of Ireland's environment. My Department is in regular communications with the National Parks and Wildlife Service (NPWS), the Environmental Protection Agency (EPA) and with other bodies, to ensure an ongoing streamlining of procedures to ensure the afforestation programme is compliant with the legislation outlined above. Changes to the restrictions in place to enable more farmers to plant are continually being looked at by my Department within this context.

Grant Payments

Patrick O'Donovan

Question:

437 Deputy Patrick O’Donovan asked the Minister for Agriculture, Food and the Marine the position regarding an agri-environment options scheme application in respect of a person (details supplied) in County Donegal. [12364/12]

The person named was approved for participation in the Agri-Environment Options Scheme with effect from the 1st November 2010.

Under the EU Regulations governing the Scheme and other area-based payment schemes, a comprehensive administrative check, including cross-checks with the Land Parcel Identification System, have to be completed before any payment can issue. During these checks a query arose in respect of land parcels declared which required digitisation. This is being dealt with by my Department at present and once the digitisation process is completed, the application will be processed with a view to making payment in respect of 2010 at the earliest opportunity.

Payments in respect of the 2011 Scheme year are subject to a similar administrative checking process which includes verification of capital investments related to approved AEOS actions. These checks have now been completed and following the payment of year 1, the payment in respect of year 2 will be finalised.

Patrick O'Donovan

Question:

438 Deputy Patrick O’Donovan asked the Minister for Agriculture, Food and the Marine if a farmer can establish entitlements if they have rented land on a year to year basis only; and if he will make a statement on the matter. [12372/12]

Under the Single Payment Scheme introduced in Ireland in 2005 entitlements were established for farmers who were actively farming during the 2000-2002 reference years and who were paid Livestock and/or Arable aid in those years. Generally speaking, the number of entitlements established was equal to the three-year average number of hectares of land farmed during the reference period. Farmers holding single payment entitlements must declare one hectare of eligible land each year for each entitlement held in order to maximise their payment. The eligible land declared each year can be owned, leased or rented.

Pat Breen

Question:

439 Deputy Pat Breen asked the Minister for Agriculture, Food and the Marine, further to Parliamentary Question No. 544 of 24 January 2012, when payment will issue to a person (details supplied) in County Clare; and if he will make a statement on the matter. [12379/12]

The person named was approved for participation in the Agri-Environment Options Scheme with effect from the 1st September 2010 and full payment totalling €878.08 issued in respect of 2010.

Payment in respect of the 2011 Scheme year is subject to a similar administrative checking process which includes verification of capital investment through checks on receipts. During these checks a query arose in relation to an overclaim on the capital expenditure claim of the person named. My Department issued a letter dated 13 February to the person named regarding this particular matter. The other element of the application is currently being processed and payment in respect of 2011 will issue to the person named at the earliest opportunity.

International Agreements

Dominic Hannigan

Question:

440 Deputy Dominic Hannigan asked the Minister for Agriculture, Food and the Marine if he intends to prioritise small scale farmers in his submission to the UN Global Strategic Framework for Food Security and Nutrition; if he or one of his officials will be attending the UN Committee on World Food Security in October 2012 in Rome; and if he will make a statement on the matter. [12385/12]

The first discussions on the Global Strategic Framework will be held at the FAO Regional Conferences. The European Regional Conference, which my Department will be attending, will take place in April in Baku, Azerbaijan and will be an opportunity for Ireland to feed into the process and to influence the consensus ERG position to be formulated.

Ireland's submission will be prepared by my Department in consultation with our colleagues in the Department of Foreign Affairs and Trade. While our submission has yet to be completed, I can assure you that it will be very supportive of smallholder farmers, particularly women, in developing countries. Our submission will be informed by the 2008 Hunger Task Force Report, which recommended three priority areas for Ireland in its efforts to address global hunger: 1) support to smallholder farmers, particularly women, in Africa; 2) addressing maternal and infant undernutrition, and 3) strengthening international political commitment to addressing Hunger.

Ireland has made steady progress in implementing the Hunger Task Force recommendations. Through our overseas development programme, Irish Aid, we support a comprehensive range of programmes to sustainably improve food and nutrition security of the poorest and most vulnerable. For example, in Malawi, we support smallholder farmers' organisations to improve soil fertility and diversify to more nutritious crops; in Tanzania, we support smallholder farmers' access to better farm inputs such as seeds and fertiliser; and in Lesotho, we support smallholder farmers to develop vegetable gardens to improve household nutrition. At the international level, we work to ensure that global agricultural research is focused on the needs of women smallholder farmers, and that research outputs are readily available to the poorest farmers.

The UN Global Strategic Framework for Food Security and Nutrition is another opportunity to further Ireland’s work in this area, and I look forward to engaging with it. A full meeting of the UN Committee on World Food Security takes place every October and is attended by my officials and officials from the Department of Foreign Affairs and Trade. A decision on Ministerial attendance will be taken closer to the event.

Horticulture Sector

Regina Doherty

Question:

441 Deputy Regina Doherty asked the Minister for Agriculture, Food and the Marine if, due to the expansion in the agri-food economy, there are any plans to develop part-time and evening courses or degrees in horticulture. [12396/12]

This is an operational matter for Teagasc, the Agriculture and Food Development Authority whose principal functions are to provide, or procure the provision of, educational, training, research and advisory services in agriculture. Teagasc is the primary state education provider in agriculture, food, horticulture, forestry and equine studies and works in partnership with many other education stakeholders including Universities and Institutes of Technology to deliver quality driven education and training programmes.

These programmes are provided through its network of colleges and regional education centres with full-time, part-time and distance learning courses offered as appropriate. Programmes are learner-centred, based on a platform of innovation and excellence and respond to the need for competitiveness in existing sectors and opportunities in the wider bio-economy. Lifelong learning is an essential requirement and Teagasc advisory and education services are committed to expanding the organisation's role in this area.

In relation to the provision of part time horticultural education, I have been informed that Teagasc conduct a range of short courses for horticultural producers at regular intervals. These courses include, for example, Pesticide Application, Introduction to Vegetable Growing and Organic Production. I understand they are currently exploring the possibility of delivering specific horticultural modules online.

Teagasc also provide full-time further level and higher level programmes for new entrants to horticulture. Some examples include the FETAC accredited Advanced Certificate in Horticulture at Kildalton College and the College of Amenity Horticulture in the National Botanic Gardens. Both of these colleges are also involved in delivering the Level 7 Bachelor of Science in Horticulture Programme in conjunction with Waterford Institute of Technology.

Harbours and Piers

Seán Kenny

Question:

442 Deputy Seán Kenny asked the Minister for Agriculture, Food and the Marine if he has received a business plan and proposal from an organisation for lease renewal at a location (details supplied) in County Dublin; the support and assistance he can provide to the organisation. [12425/12]

The property referred to at No. 6 West Pier is currently the subject of court proceedings. The matter is therefore sub judice and it is inappropriate for me to comment on or engage in discussion in relation to this matter.

Grant Payments

Brendan Griffin

Question:

443 Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine when payment for the agri-environment options scheme 2011 will issue to persons (details supplied) in County Kerry; and if he will make a statement on the matter. [12428/12]

The person named was approved for participation in the Agri-Environment Options Scheme with effect from the 1st November 2010 and full payment totalling €833.31 issued in respect of 2010. Under the EU Regulations governing the Scheme and other area-based payment schemes, a comprehensive administrative check, including cross-checks with the Land Parcel Identification System, have to be completed before any payment can issue in respect of 2011. Final checks are being carried out on this application with a view to early payment in respect of 2010.

Marcella Corcoran Kennedy

Question:

444 Deputy Marcella Corcoran Kennedy asked the Minister for Agriculture, Food and the Marine when an application for a grant will be paid to a person (details supplied) in County Offaly; and if he will make a statement on the matter. [12440/12]

The person named registered fourteen beef breed animals under the 2011 Suckler Welfare Scheme. The applicant provided information that all of the calves were weaned on the same day, which is contrary to the Terms and Conditions of the Scheme. This decision was successfully appealed to my Department. Therefore, payment in respect of 12 animals will issue to the named person shortly. The two remaining animals are ineligible for payment under the conditions of the Scheme due to the age of the dams at the time of calving.

Salmon Hardship Scheme

Charlie McConalogue

Question:

445 Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine if an application will be accepted under the salmon hardship scheme for fishermen who did not take up the offer at the time and who have now retired from fishing; if they will be accommodated for compensation under the scheme; and if he will make a statement on the matter. [12445/12]

The Salmon Hardship Scheme is the responsibility of the Minister for Communications, Energy and Natural Resources and I have no role in relation to the scheme.

Animal Welfare

Sean Fleming

Question:

446 Deputy Sean Fleming asked the Minister for Agriculture, Food and the Marine the role of the Turf Club in relation to a complaint relating to the welfare of horses while in training with a licensed trainer in view of the fact that he referred to this matter in Parliamentary Question No. 563 of 21 February 2012, and the reason in a parliamentary question on a similar matter, Parliamentary Question No. 582 of 21 February 2012, regarding horses in training he only referred to the option of reporting matters to the Garda or instituting civil proceedings and there was no reference to the Turf Club in that reply; if he will clarify the situation; and if he will make a statement on the matter. [12446/12]

The Turf Club is a private body which, together with Irish National Hunt Steeplechase Committee (INHSC), is responsible for the making and enforcing of the Rules of Racing in Ireland. An individual wishing to make a complaint relating to the welfare of horses while in training with licensed trainers has a number of avenues open to them. They may submit a complaint to The Turf Club, report the matter to the Gardaí and/or institute civil proceedings.

My Department's responsibility, which is set down in legislation, extends to the welfare and protection of farmed animals only i.e. animals normally bred or kept for the production of food or for use in or for the purpose of farming. The relevant legislation in this area is the Protection of Animals Kept for Farming Purposes Act 1984 and the European Communities (Welfare of Farmed Animals) Regulations 2010, S.I. No. 311 of 2010. Animals "used in competitions/shows, cultural or sporting events or activities while so being used" are outside the scope of S.I. No. 311 of 2010. Accordingly it is clear that the complaints forwarded by the named individual to my Department are not covered by this legislation and thus fall outside the remit of the Department.

The principal statutes governing cruelty to all animals including race horses, in this country is the Protection of Animals Act 1911 and the Protection of Animals (Amendment) Act, 1965. Responsibility for enforcing this legislation rests with An Garda Síochána who may, on receipt of a complaint, investigate and bring a prosecution against any person alleged to have committed an offence under these Acts.

Installation Aid Scheme

Robert Troy

Question:

447 Deputy Robert Troy asked the Minister for Agriculture, Food and the Marine if he has any intention of reintroducing the installation aid grant for young farmers wishing to take over the family farm; and if he could outline any incentives he may be considering to encourage young persons to pursue farming as a way of life. [12447/12]

The Young Farmers' Installation Scheme was closed to new applicants on 14 October 2008 and I have no plans to reopen the Scheme at this time. A number of tax measures were contained in the 2012 Budget in order to assist young farmers to pursue a career in farming.

Grant Payments

John O'Mahony

Question:

448 Deputy John O’Mahony asked the Minister for Agriculture, Food and the Marine the reason a person (details supplied) in County Mayo has not received part of their single farm payment for 2010 even though an application to transfer single payment entitlements for 2010 was granted; and if he will make a statement on the matter. [12491/12]

A Transfer of Entitlements application was received requesting the transfer of 5.14 Single Payment entitlements to the person named from another farmer by way of lease ending 31 December 2012. This application was processed successfully and letters confirming the transfer of the entitlements issued to both parties. The balance of the Single Farm Payment will issue shortly to the person named.

International Agreements

Robert Troy

Question:

449 Deputy Robert Troy asked the Minister for Agriculture, Food and the Marine when he is making his submission to the United Nations global plan, if he will prioritise small-scale farmers, especially women, in developing countries, in his submission to the UN Global Strategic Framework for Food Security and Nutrition process in April 2012; if he will attend the meeting of the UN Committee on World Food Security in October 2012 in Rome, when the Global Strategic Framework Food Security and Nutrition will be approved, demonstrating that Ireland is a leader in protecting small-scale farmers. [12494/12]

The first discussions on the Global Strategic Framework will be held at the FAO Regional Conferences. The European Regional Conference, which my Department will be attending, will take place in April in Baku, Azerbaijan and will be an opportunity for Ireland to feed into the process and to influence the consensus ERG position to be formulated.

Ireland's submission will be prepared by my Department in consultation with our colleagues in the Department of Foreign Affairs and Trade. While our submission has yet to be completed, I can assure you that it will be very supportive of smallholder farmers, particularly women, in developing countries. Our submission will be informed by the 2008 Hunger Task Force Report, which recommended three priority areas for Ireland in its efforts to address global hunger: 1) support to smallholder farmers, particularly women, in Africa; 2) addressing maternal and infant undernutrition, and 3) strengthening international political commitment to addressing Hunger.

Ireland has made steady progress in implementing the Hunger Task Force recommendations. Through our overseas development programme, Irish Aid, we support a comprehensive range of programmes to sustainably improve food and nutrition security of the poorest and most vulnerable. For example, in Malawi, we support smallholder farmers' organisations to improve soil fertility and diversify to more nutritious crops; in Tanzania, we support smallholder farmers' access to better farm inputs such as seeds and fertiliser; and in Lesotho, we support smallholder farmers to develop vegetable gardens to improve household nutrition. At the international level, we work to ensure that global agricultural research is focused on the needs of women smallholder farmers, and that research outputs are readily available to the poorest farmers.

The UN Global Strategic Framework for Food Security and Nutrition is another opportunity to further Ireland's work in this area, and I look forward to engaging with it. A full meeting of the UN Committee on World Food Security takes place every October and is attended by my officials and officials from the Department of Foreign Affairs and Trade. A decision on Ministerial attendance will be taken closer to the event.

Fishing Industry Development

Martin Ferris

Question:

450 Deputy Martin Ferris asked the Minister for Agriculture, Food and the Marine his views on the disparity between the price paid to fishermen for their catch and the price charged to consumers (details supplied). [12593/12]

Michael Healy-Rae

Question:

466 Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine his views on a matter (details supplied) regarding fair trade for fishermen; and if he will make a statement on the matter. [12830/12]

I propose to take Questions Nos. 450 and 466 together.

While I would like to see fishermen receive a fair price for their catch, I have no role in determining the price they receive from processors, retailers or other agents. Like other parts of the food industry, the price received by primary producers in the seafood sector is determined by the market. A number of market factors may influence the price received by fishermen for their catch. These include demand for the product and the available supply, the number of intermediaries in the supply chain and their relative power, the extent to which fishermen collaborate through co-ops or otherwise to increase their bargaining power, the selling price for the final product in retail outlets or in export markets and the extent to which the value is added to the raw material to maximise selling price and last but not least, the relative profitability of the Irish processing sector compared to foreign competitors.

In relation to the profitability of the processing sector, Food Harvest 2020 recognised that the sector was fragmented, lacking in scale, uncompetitive in terms of production costs, too focussed on export of commodity products and constrained by inconsistent supply of raw material. BIM, with Enterprise Ireland and Údarás na Gaeltachta, is working to address each of these issues. Grant aid support of €1.749m under the Seafood Processing Business Investment Scheme was provided in 2011 to improve competitiveness and help the companies concerned develop export markets for high value added products.

The lack of scale in the Irish processing sector is recognised as a cause of higher production costs, lower investment in strategic areas of planning, business development, marketing and product innovation, all of which adversely affect profitability. The average net profitability of Irish seafood processing companies stands at 0.94% compared to between 4% and 6% for our European competitors. BIM is working closely senior managers of Irish seafood processing companies on strategies to address these issues and is making available a range of technical and financial supports to assist the sector to modernise and become more competitive.

I would hope and expect that a modern, efficient, competitive and innovative processing sector, selling value added products, differentiated from our competitors by quality and sustainability, would ultimately increase demand for fish from Irish fishermen and help assure them of a fair price for their catch.

Forestry Sector

Martin Ferris

Question:

451 Deputy Martin Ferris asked the Minister for Agriculture, Food and the Marine if the 100% forestry grants will still be paid to new buyers of Coillte forestry. [12645/12]

As recently announced by the Government, consideration will be given to the sale of some assets of Coillte, excluding the sale of land, when market conditions are favourable and at an acceptable price to Government. A valuation of Coillte assets is currently being undertaken by the NTMA (NewERA unit) in conjunction with my Department and the Department of Public Expenditure and Reform. No decision on the possible sale of Coillte assets will be taken until the valuation process is completed.

An afforestation grant is available as a fixed grant in respect of costs incurred in the establishment of a plantation. It is important to note that there is currently no grant assistance available for the replanting of forests following the commercial felling of trees. In order to preserve the forest estate, my Department's policy is that, apart from exceptional circumstances, replanting should take place on all areas harvested.

Irish Horseracing Industry

Maureen O'Sullivan

Question:

452 Deputy Maureen O’Sullivan asked the Minister for Agriculture, Food and the Marine the way the programme expenditure in 2012, projected in the Estimates at €56.29 million, a 1.75% drop on 2011, under the heading Horse and Greyhound Racing Fund will contribute to the relevant high level goal, namely, to progress, in collaboration with State bodies, the further development of the agri-food sector including the Food Harvest 2020 targets; and if he will make a statement on the matter. [12653/12]

The horse and greyhound racing industries receive financial support from the State through the Horse and Greyhound Racing Fund (the Fund) under Section 12 of the Horse and Greyhound Racing Act 2001 (the Act). The State funding provided to Horse Racing Ireland (HRI) and to Bord na gCon (BNG) is crucial to sustain the horse racing and greyhound industries which account for an estimated 27,000 jobs, generating approximately €1.4bn in economic output.

The Fund has allowed Ireland to develop into a world centre of excellence for horseracing and greyhound racing and has allowed HRI and BNG to undertake various initiatives including capital investment programmes that have underpinned growth in the sectors in the context of strong international competition in the breeding, training and racing sectors. Both industries have a national network of breeders, owners, trainers and racecourses and they maintain a unique skill base. These industries make a vital contribution to the rural economy including farm incomes, are export orientated and attract foreign direct investment.

By sustaining employment, generating economic activity and increasing exports both industries make a very important contribution to achieving Goal 1 in my Department's Statement of Strategy 2011-2014 — "Progressing, in collaboration with relevant sectors and State Bodies, the further development of the agri-food and marine sector including the achievement of Food Harvest 2020 targets."

Direct Payment Schemes

Dara Calleary

Question:

453 Deputy Dara Calleary asked the Minister for Agriculture, Food and the Marine if he considers it acceptable that farmers and agents who are now submitting their single farm payment applications on-line, are not being given the conditions for the 2012 disadvantaged area scheme. [12656/12]

It is intended that revised Terms and Conditions for the 2012 Disadvantaged Areas Scheme will be published immediately the proposed changes, as announced following the 2012 Budget, are agreed by the EU Commission. The proposed changes do not concern the essential classification of the Disadvantaged Areas and, therefore, applicants are free to lodge applications on the understanding, as heretofore, that, should they otherwise prove eligible for the Disadvantaged Areas Scheme, the application will be taken as also being an application for that Scheme. It will be appreciated that the application is, in the first instance, an application under the Single Payment Scheme.

Dara Calleary

Question:

454 Deputy Dara Calleary asked the Minister for Agriculture, Food and the Marine the number of farmers in County Donegal currently in the agri-environment option scheme that will be affected by the new specifications for managing species rich grassland, introduced in 2011, which state that supplementary feeding may not take place on species rich grassland parcels; and if he will make a statement on the matter. [12657/12]

The new specification introduced in 2011 specified that supplementary feeding was not permitted on areas claimed as Species Rich Grassland and applies to AEOS 2 only. 786 Donegal farmers selected Species Rich Grassland in their 2011 application to join the scheme and accordingly all are subject to this scheme condition.

Grant Payments

Marcella Corcoran Kennedy

Question:

455 Deputy Marcella Corcoran Kennedy asked the Minister for Agriculture, Food and the Marine the progress made on the re-digitisation of a parcel of land (details supplied) in County Offaly; when the applicant will receive their payment; and if he will make a statement on the matter. [12692/12]

The person named was approved for participation in the Agri-Environment Options Scheme with effect from the 1st September 2010. Under the EU Regulations governing the Scheme and other area-based payment schemes, a comprehensive administrative check, including cross-checks with the Land Parcel Identification System, had to be completed before any payment could issue. Final checks are being carried out on this application with a view to early payment in respect of 2010.

Payment in respect of the 2011 Scheme year is subject to a similar administrative checking process which includes verification of capital investment through checks on receipts. During these checks queries were identified in relation to the capital expenditure claim of the person named. My Department has issued a letter to the person named regarding this matter and will process the application further upon receipt of a response to these queries.

Question:

456 Deputy Michael P. Kitt asked the Minister for Agriculture, Food and the Marine when agri-environment option scheme payments will be made to a person (details supplied) in County Galway. [12694/12]

The person named was approved for participation in the Agri-Environment Options Scheme with effect from the 1st September 2010. Under the EU Regulations governing the Scheme and other area-based payment schemes, a comprehensive administrative check, including cross-checks with the Land Parcel Identification System, had to be completed before any payment could issue. These checks have been successfully completed and payment in respect of the 2010 scheme year will issue shortly. Payments in respect of the 2011 scheme year are subject to a similar administrative checking process. These checks are underway and once successfully completed I expect 2011 payment to issue to the person named.

Milk Quota

Seamus Kirk

Question:

457 Deputy Seamus Kirk asked the Minister for Agriculture, Food and the Marine the estimated value in terms of output, export and job creation if there was a 5% and a 10% increase in the national milk quota; and if he will make a statement on the matter. [12697/12]

The value of milk output at farm gate in 2011, based on production volumes of 5.5bn litres and an average milk price of 34c per litre, was €1.9bn. A 5% or 10% increase in production, based on 2011 output figures and assuming prices remain the same, would result in output values of €2bn and €2.1bn respectively, assuming current world demand remains.

Exports of milk and dairy products in 2011 at €2.7bn were 13% higher than 2010. Based on these values, a 5% or 10% increase would result in export values of €2.8bn and €2.97bn respectively. However, due to the volatility of international markets, caused by variations in global supply and demand, there will always be fluctuations in dairy prices. The production levels envisaged by the Deputy would, at a minimum, consolidate existing on- farm employment in the c.18,300 milk producing farms, as well as the 9,000 off farm jobs in the dairy industry generally and could result in additional off farm jobs being created in the processing, sales or distribution sectors.

It should be noted, however, that it will be 2015 at the earliest, following the ending of the Milk Quota regime in April 2015, before milk production quantities can increase by the levels set out in the question. The ‘soft landing' concession, granted under the CAP Health Check 2008 of granting 1% quota increases to Members States from the 2009/2010 quota year to 2013/2014 (five increases) will continue.

Freedom of Information

Gerry Adams

Question:

458 Deputy Gerry Adams asked the Minister for Agriculture, Food and the Marine if he will provide a breakdown of the total fees received in his Department for freedom of information requests and the number of individual requests in each of the years 2002 to 2011, inclusive. [12719/12]

My Department received the following number of requests under the Freedom of Information Acts for the years 2002 to 2011. The fees charged are indicated in the table:

Year

Requests Received

Total fees received

2002

254

€115.00

2003

306

€1,540.50

2004

270

€1,436.15

2005

189

€1,301.80

2006

217

€2,236.50

2007

156

€1,696.13

2008

217

€3,020.45

2009

233

€3,859.21

2010

193

€2,075.03

2011

225

€2,272.67

Gerry Adams

Question:

459 Deputy Gerry Adams asked the Minister for Agriculture, Food and the Marine if he will provide a breakdown of the number of freedom of information requests submitted in the years 2002 to 2011, inclusive, to his Department; the total amount of fees charged and fees received in each year; the number and amount of initial search fees paid and the number and amount of search and retrieval fees paid. [12735/12]

The table sets out the position:

Year

Requests Received

Up front fees

Appeal Fees

Search and Retrieval Fees

Total Fees Received

2002

254

€115 (8 cases)

Nil

Nil

€115.00

2003

306

€345 (23 cases)

€300 (4 cases)

€895.5 (5 cases)

€1,540.50

2004

270

€780 (52 cases)

€300 (4 cases)

€356.15 (3 cases)

€1,436.15

2005

189

€885 (50 cases)

€375 (5 cases)

€41.8 (1 case)

€1,301.80

2006

217

€995 (67 cases)

€300 (4 cases)

€941.5 (5 cases)

€2,236.50

2007

156

€670 (44 cases)

€675 (9 cases)

€351.13 (2 cases)

€1,696.13

2008

217

€1,530 (106 cases)

€300 (4 cases)

€1,190.45 (11 cases)

€3,020.45

2009

233

€1,775 (123 cases)

€525 (7 cases)

€1,559.21 (7 cases)

€3,859.21

2010

193

€1,275 (85 cases)

€150 (2 cases)

€650.03 (7 cases)

€2,075.03

2011

225

€1,355 (93 cases)

€450 (8 cases)

€467.67 (8 cases)

€2,272.67

Direct Payment Schemes

Michael Creed

Question:

460 Deputy Michael Creed asked the Minister for Agriculture, Food and the Marine, further to Parliamentary Question No. 165 of 8 February 2012 and subsequent detailed information supplied, his views on the fact that a substantial number of applications under the early retirement scheme, which were received after 14 October, have been approved for payment, whereas of 139 applications received after 14 October 2008 under the installation aid scheme, only one has been approved for payment after appeal to the agriculture appeals office; if he will comment in general on the circumstances surrounding this appeal; if he will comment further on the different approach pursued by his Department to late applications under both schemes; and if he will make a statement on the matter. [12751/12]

The Early Retirement Scheme and the Young Farmer's Installation Scheme were suspended for new applications with effect from 14 October 2008. The early Retirement Scheme was reopened temporarily with limited funding for applications from 23 September 2009 to 30 October 2009 in order to accommodate as many as possible of those farmers who had completed, or were close to completing, applications at the point when the scheme was suspended.

The Young Farmers' Installation Scheme has remained suspended since 14 October 2008. In one case, my Department paid a grant under the Scheme where the Agriculture Appeals Office held, by decision of 13 June 2011, that my Department was required to process the application notwithstanding the fact that it had been lodged with my Department after 14 October 2008. Following a request by my Department for a review of the decision concerned, the Acting Director of the Agriculture Appeals Office upheld the decision on 19 August 2011. The Agriculture Appeals Office is an independent agency set up under the Agriculture Appeals Act 2001.

Grant Payments

Michael Creed

Question:

461 Deputy Michael Creed asked the Minister for Agriculture, Food and the Marine if he will clarify the situation regarding outstanding penalties under the suckler cow welfare scheme in respect of a person (details supplied) in County Cork; if these matters are currently the subject of formal appeal; and if he will make a statement on the matter. [12752/12]

The person named applied to join this Scheme in 2008. Under paragraph 8.6 of the Terms and Conditions of the Scheme, each participant is required to submit information relating to the measures undertaken on this Scheme through the ICBF. This applicant supplied the required information for animals born during 2008 and payment was issued to the named person in respect of twenty two eligible animals. No information has been received in respect of animals born during 2009, 2010 and 2011.

The person named was advised of this by letter dated 26th August 2011 and was requested to return the required information by 5th September 2011. To date, no information or correspondence has been received and therefore the person named is ineligible for any payments under the Suckler Welfare Scheme for animals born during 2009 and subsequent years.

Harbours and Piers

Brendan Griffin

Question:

462 Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine the position regarding the provision of a pier at Cromane, County Kerry; and if he will make a statement on the matter. [12770/12]

Kerry County Council proposes to construct a new pier at Cromane, County Kerry. The proposed pier will be the property of that Local Authority who will be responsible for its development, maintenance and repair. My Department has received an application from Kerry County Council for funding for a total of 7 projects for inclusion in the 2012 Fishery Harbour and Coastal Infrastructure Development Programme which is currently under consideration. No application for funding in respect of Cromane Pier was received from Kerry County Council in 2012, but any application for funding in future years by Kerry County Council will be given consideration subject to available exchequer funding and overall national priorities.

Grant Payments

James Bannon

Question:

463 Deputy James Bannon asked the Minister for Agriculture, Food and the Marine the reason a contract of sale entitlements without land under force majeure in the 2005 scheme year and was expected to be received in 2007 has not been forthcoming in respect of a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [12784/12]

Single Payment entitlements were established for the person named based on his farming activity in the 2000-2002 reference period. The person named did not use his entitlements in 2005, the first year of the Scheme, as he had leased out his land. He then applied to sell his entitlements without land under the 2005 scheme year. EU Regulations allowed for the sale of entitlements by Private Contract Clause before 16 May 2005 where the land was also being sold. As this was not the case, the person named was informed that it was not possible to process the requested transfer under the 2005 scheme year.

The facility to sell entitlements without land only came into force in 2006 once the Scheme had been established and the entitlements had been used. EU regulations provided that, except in cases of force majeure, entitlements could only be sold without land once 80% had been used in one scheme year. While the person named did not meet the 80% usage requirements in that he had not used his entitlements under the 2005 scheme, he applied for force majeure on medical grounds. This application was successful and the person named duly sold 57 Single Payment entitlements under the 2006 scheme year.

Forestry Sector

Jim Daly

Question:

464 Deputy Jim Daly asked the Minister for Agriculture, Food and the Marine the position regarding an application for a felling licence in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [12797/12]

The position is that the Felling Section of my Department is awaiting the submission of replanting proposals from the applicant's forester. When this information is received the matter can be progressed further.

Departmental Funding

Clare Daly

Question:

465 Deputy Clare Daly asked the Minister for Agriculture, Food and the Marine the reason extra funding has not been made available to Teasgasc for works in Ashtown, Dublin; and the budget from which these moneys have been made available. [12807/12]

This is an operational matter for the Teagasc Authority. Teagasc has a very important role to play in supporting the Government's strategy for the development of the agriculture and food industries. For this reason, they receive substantial Exchequer resources each year to enable them provide first class education, research and advisory services.

Despite the difficult economic circumstances in which the recent budget was framed, the allocation to Teagasc was substantially maintained at €128.4m. This level of exchequer funding is a firm indication of the Government's continuing commitment to supporting Teagasc activities. Teagasc also earn other own income from advisory charges, education fees etc in addition to the exchequer allocation. I would point out that prioritisation of funding for particular services/programmes etc is a matter for Teagasc to determine.

I understand from Teagasc that the works at Ashtown are being funded from own resources and the intention is that the balance will be funded from proceeds from asset disposals under the Teagasc Change Programme. The use of proceeds is currently the subject of discussions with the Department.

Question No. 466 answered with Question No. 450.

Animal Transportation

Michael Healy-Rae

Question:

467 Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine if he will introduce a set of codes for transporting animals by cable car in order to ensure that Dursey cable car will continue to operate; and if he will make a statement on the matter. [12836/12]

The operation of the cable car to Dursey Island is the responsibility of Cork County Council. Cork County Council engaged consulting engineers to carry out studies on the cable car servicing Dursey Island following which the transportation of all animals was ceased from 30th January 2012 for a number of reasons, inter alia, health and safety, absence of codes covering transportation of animals and persons in the same cable car and increase of the risk to public health. I will have my officials make contact with the Department of Arts, Heritage and the Gaeltacht on possibilities for the transport of farm animals by ferry.

Commonage Division

Seán Kyne

Question:

468 Deputy Seán Kyne asked the Minister for Agriculture, Food and the Marine if his attention has been drawn to the anomaly whereby farmers who have areas of striped commonage, which are unfenced and governed by the rules pertaining to DAS and SPS, are not eligible as forage and that planning permission would be required to allow fencing; and if he will be mindful of these facts in relation to appeals. [12837/12]

Land declared by applicants for the purposes of the Single Payment Scheme and the Disadvantaged Areas must be eligible under the provisions of the relevant EU regulations and under the Terms and Conditions of each Scheme. In general, commonage land, including striped commonage iseligible for payment if it is actively farmed and the area is maintained in Good Agricultural and Environmental Condition. Furthermore, the following conditions must be met as outlined in the Terms and Conditions of the Schemes:

The land must be used and managed by the applicant. The land must be suitable for and compatible with the farming enterprise;

There must be independent and suitable access for animals and/or machinery. Independent access means access by public or private roadway or by a defined right of way. Access over adjoining landowners land, or over land which is subject to a lease or rental agreement to another person, is not acceptable;

There must be defined external boundaries except in the case of commonage;

If, at inspection, the applicant claims to be farming the land with animals then the type of animals must be appropriate to the land and there must be appropriate handling facilities available to meet the animals' welfare requirements.

There must be evidence of an agricultural activity being conducted throughout the parcel; otherwise the unused part of the parcel may be found to be ineligible. This can arise where the stocking rate is too low.

Appointments to State Boards

Gerry Adams

Question:

469 Deputy Gerry Adams asked the Minister for Agriculture, Food and the Marine if the chief executive officer of the Rehab Group (details supplied) is a member of any State board; and the remuneration, expenses or other payments they receive for such membership. [13238/12]

The person detailed by the Deputy is not a member of any of the twelve State Bodies that fall within the aegis of my Department.

Child Care Services

Paul Connaughton

Question:

470 Deputy Paul J. Connaughton asked the Minister for Children and Youth Affairs when a person (details supplied) in County Galway may expect to hear the outcome of their appeal for child care subvention; and if she will make a statement on the matter. [12211/12]

As previously advised, this appeal under the Community Child care Subvention (CCS) programme against the initial determination of subvention, was under consideration by my Department. This process has now been completed and the appeal has been upheld. The child care service in which these children are enrolled has been advised of this outcome.

Inter-Country Adoptions

Michael McCarthy

Question:

471 Deputy Michael McCarthy asked the Minister for Children and Youth Affairs if she will list the countries the Adoption Authority of Ireland is issuing declarations for in view of a notice on the organisation’s website dated 22 February 2012 which advises that the AAI will not accept declaration of eligibility and suitability applications or issue new declarations for India until further notice; and if she will make a statement on the matter. [12376/12]

John Browne

Question:

476 Deputy John Browne asked the Minister for Children and Youth Affairs the reason for the delay in approving an inter-country adoption application in respect of a family (details supplied) in County Wexford who wish to adopt a child from India; and if she will make a statement on the matter. [12613/12]

I propose to take Questions Nos. 471 and 476 together.

The Adoption Authority is an independent statutory body charged with implementing the Adoption Act 2010. The Authority has responsibility for the direct operational implementation of legislation and Government policy. Information relating to inter-country adoption from specific countries can be obtained from the Adoption Authority and is posted on the AAI website (www.aai.gov.ie). The adoption of a child or children from another jurisdiction is in the first instance subject to the views, rules and arrangements of the country of origin. The AAI notices reflect the information available to it on the current situation at any point in time.

On 17 February 2012 the AAI posted on its website a notice relating to inter-country adoptions from India, which is a signatory to the Hague Convention. The notice stated that the Authority was notified on 1 July 2011 by the Indian National Central Authority, CARA, that it would not be accepting dossiers from Irish applicants either until 30 September 2011 or until further notice. CARA has not been in touch with the AAI since that date. It has since come to the attention of the AAI that CARA proposes to introduce a new computerised system of online dossier registration which would appear essentially to present many features of a monthly "lottery" type process. To date, CARA has not invited the AAI to participate in such a scheme. Should CARA invite Ireland/AAI to participate in a new inter-country adoption scheme, the invitation will be given careful consideration by the Board of the AAI, taking into account advice from relevant bodies including the Permanent Bureau of the Hague Conference. The AAI has advised that it is proposing to send a delegation to India to discuss administrative matters relating to inter-country adoption between our two countries.

Adoptions between Ireland and India must comply with the terms and conditions of the 1993 Hague Convention on Protection of Children and Co-operation in Respect of Inter-country Adoption. The role of the respective National Central Authorities is critical to this process. There is no role in the process for individual ‘facilitators' to secure referrals and to process adoptions. In this context, the AAI advises that prospective adopters should not proceed with non-Hague Convention adoptions from India.

The Hague Convention is a co-operative agreement drawn up to allow countries to mutually support one another in protecting the best interests of children in the intercountry adoption process. It is designed in such a way as to allow for mirrored mechanisms and structures to mutually assure countries of the safety and standard of intercountry adoptions in those countries. The Adoption Authority of Ireland (AAI) performs the function of a Central Authority under the Adoption Act, 2010, in accordance with the Convention. In choosing to deal primarily with Hague countries, the AAI has the mechanism to work collaboratively with equivalent structures in that country. Each Central Authority has the responsibility to oversee standards in respect of those parts of the process taking place within their respective jurisdictions. This mutual arrangement is designed to give the AAI, the Government and, most importantly, those involved in the adoption process assurance as to the standards being set and the oversight of the system.

With effect from 1 November 2010, intercountry adoptions can be effected with other countries which have ratified the Hague Convention or with which Ireland has a bilateral agreement. Ireland currently has no bilateral agreements in respect of intercountry adoption. As the Hague Convention is designed to ensure a minimum set of standards in intercountry adoption, it is appropriate that the immediate priority for the Adoption Authority on reaching agreements on arrangements with other Hague countries. The AAI are in the process of developing administrative arrangements with a number of countries which are signatories to the Hague Convention.

Child Care Services

Charlie McConalogue

Question:

472 Deputy Charlie McConalogue asked the Minister for Children and Youth Affairs the outcome of a child care subvention appeal in respect of a person (details supplied) in County Donegal; and if she will make a statement on the matter. [12408/12]

My Department implements the Community Child care Subvention (CCS) programme which provides funding to community child care services to enable them to charge reduced child care rates to low income and disadvantaged families.

Community child care services qualify for grant aid on the basis of the level of service they provide and the profile of the parents benefiting from their service. Parental declaration forms are submitted in the Autumn of each year to my Department and the PPS numbers of those parents are transmitted to the Department of Social Protection (DPS) and the HSE for verification. Information supplied by the DSP and HSE is used to determine the level of subvention which applies to each individual parent. Following verification, letters issue to participating services confirming the total annual CCS subvention amount approved for that service together with a list of qualifying parents and confirmation of the subvention level applied to each parent. Services are also advised that if any parent disagrees with the level of subvention applied to them, they have a right of appeal. The deadline for the submission of appeals in this instance was Friday, 3 February 2012.

I understand that the person referred to by the Deputy submitted an appeal against the initial determination of subvention and that this appeal has been successful. The service will be advised of this outcome in due course.

Charlie McConalogue

Question:

473 Deputy Charlie McConalogue asked the Minister for Children and Youth Affairs the outcome of a child care subvention appeal in respect of a person (details supplied) in County Donegal; and if she will make a statement on the matter. [12410/12]

My Department implements the Community Child care Subvention (CCS) programme which provides funding to community child care services to enable them to charge reduced child care rates to low income and disadvantaged families.

Community child care services qualify for grant aid on the basis of the level of service they provide and the profile of the parents benefiting from their service. Parental declaration forms are submitted in the Autumn of each year to my Department and the PPS numbers of those parents are transmitted to the Department of Social Protection (DPS) and the HSE for verification. Information supplied by the DSP and HSE is used to determine the level of subvention which applies to each individual parent. Following verification, letters issue to participating services confirming the total annual CCS subvention amount approved for that service together with a list of qualifying parents and confirmation of the subvention level applied to each parent. Services are also advised that if any parent disagrees with the level of subvention applied to them, they have a right of appeal. The deadline for the submission of appeals in this instance was Friday, 3 February 2012.

I understand that the person referred to by the Deputy submitted an appeal against the initial determination of subvention and that this appeal has not been successful. The service has been advised of this outcome.

Departmental Funding

Mary Lou McDonald

Question:

474 Deputy Mary Lou McDonald asked the Minister for Children and Youth Affairs if she intends to provide funding to the Irish Society for the Prevention of Cruelty to Children for the 116000 missing children hotline; and if following ComReg’s allocation of the 116000 number to the ISPCC she will confirm that the hotline number will be operational before the summer recess. [12578/12]

Under EU telecoms rules agreed in 2009, the 116000 number is reserved in all EU member states for a missing children hotline. My Department established and is leading a cross-sectoral Project Team, including representatives of my own Department, the Department of Justice and Equality, ComReg and An Garda Síochána to advance this matter.

The position is that ComReg, who have responsibility for allocation of this number in Ireland, received an application to operate the Hotline from the ISPCC. Following cross departmental consultation and an examination of the issues involved by the Project team, ComReg has now allocated the number to the ISPCC. In the coming months the Project Team will work to ensure that the Hotline becomes operational as soon as possible and operates in a way that supports and augments existing arrangements to secure child protection.

Inter-Country Adoptions

Kevin Humphreys

Question:

475 Deputy Kevin Humphreys asked the Minister for Children and Youth Affairs when the Adoption Authority of Ireland, AAI, will visit Ethiopia with regard to the formulation of a bilateral treaty; if she will provide a timeline or date for this visit; the progress that has been made on the AAI review on this issue; when the results of that review will be published; and if she will make a statement on the matter. [12607/12]

Adoptions from Ethiopia, effected under the transitional arrangements provided for in the Adoption Act 2010, are ongoing and are currently being examined, and recognised, by the Adoption Authority of Ireland (AAI). These transitional arrangements may lead to adoptions from Ethiopia taking place up to the end of October 2013.

Adoptions from Ethiopia which are not covered by the transitional arrangements referred to above would require a bilateral agreement between Ireland and Ethiopia. The negotiation of bilateral agreements on intercountry adoption with states who have not ratified the Hague Convention is governed by Section 73 of the Adoption Act 2010 which states that "t he Authority, with the prior consent of the Minister, may enter into discussions with any non-contracting state concerning the possibility of the Government entering into a bilateral agreement with that State.”

I have written to the AAI giving approval for the commencement of the process of examining the feasibility of a bilateral agreement with Ethiopia. The AAI have confirmed that, with the assistance of the Irish Embassy in Addis Ababa, they have sought an expert legal narrative and description of the current Ethiopian adoption law. The AAI will examine this to test for compatibility and compliance with the Adoption Act 2010. A delegation from the Adoption Authority will visit Ethiopia in the near future as part of this process. Arrangements for the AAI visit are currently being put in place by the AAI in conjunction with the Irish Embassy in Ethiopia. The review and the visit by the Authority will inform the AAI advice to me on the feasibility of a bilateral agreement with Ethiopia. The AAI is aware that I am anxious to bring clarity to the situation with regard to Ethiopia as soon as possible.

Any future bilateral arrangements which might be entered into would also be required by law to meet the minimum standards set out in the Hague Convention. As the Hague Convention is designed to ensure a minimum set of standards in intercountry adoption, the Adoption Authority of Ireland have indicated that their first priority is to reach agreement on arrangements with other Hague countries. The AAI are in the process of developing administrative arrangements with a number of countries who are signatories to the Hague Convention.

Question No. 476 answered with Question No. 471.

Health Service Inspections

Jonathan O'Brien

Question:

477 Deputy Jonathan O’Brien asked the Minister for Children and Youth Affairs, further to Parliamentary Questions Nos. 81 and 102 of 14 February 2012, in which she stated that since the publication of the Health Information and Quality Authority report into Glenn Alainn, Cork, on the 2 December that one child had been restrained for a period of one minute in the period up to 14 February, if her attention has been drawn to the fact that the subsequent HIQA report into Glenn Alainn on 28 February stated that since the previous report’s publication there had been three physical restraints in relation to three children; if she will provide clarification regarding the dates on which these incidents occurred and if the information provided to her by the unit for the purposes of responding to the parliamentary question and the HIQA reports were correct. [12711/12]

The information provided in my response to Parliamentary Questions numbers 81 and 102 of 14 February 2012 is correct. The HSE has confirmed that no child has been confined to their bedroom and one child was restrained for a period of one minute since the publication of the HIQA report.

The HIQA report published on 28 February refers to three physical restraints in relation to three children since the last inspection, which took place on 18/19 October 2012. These restraints took place on 17th and 18th of November and 1st December 2011 and were not referred to in the PQ reply which requested details of restraints since the publication of the HIQA report in December.

Special Care Units care for children who are detained by a High Court Order as it is deemed that their behaviour is a danger to themselves. In such circumstances it is to be expected that staff members will, from time to time, have to intervene physically to protect children from harm. All staff are trained in accredited methods of physical restraint, and all episodes of restraint are recorded and reviewed by the senior manager, the HSE external monitor and the HIQA inspector.

Freedom of Information

Gerry Adams

Question:

478 Deputy Gerry Adams asked the Minister for Children and Youth Affairs if she will provide a breakdown of the total fees received in her Department for freedom of information requests and the number of individual requests in each of the years 2002 to 2011, inclusive. [12721/12]

From the establishment of my Department on 2 June, 2011, 10 requests under the Freedom of Information Act were received by my Department in 2011. Four of these requests were processed by the Department of Health on my Department's behalf while the Freedom of Information Unit within my own Department was in the process of being established. Fees were payable in respect of nine of these requests; the fee charged in relation to each of these requests was €15.

Gerry Adams

Question:

479 Deputy Gerry Adams asked the Minister for Children and Youth Affairs if she will provide a breakdown of the number of freedom of information requests submitted in the years 2002 to 2011, inclusive, to her Department; the total amount of fees charged and fees received in each year; the number and amount of initial search fees paid and the number and amount of search and retrieval fees paid. [12737/12]

From the establishment of my Department on 2 June, 2011, 10 requests under the Freedom of Information Act were received by my Department in 2011. Four of these requests were processed by the Department of Health on my Department's behalf while the Freedom of Information Unit within my own Department was in the process of being established. In respect of nine of these requests, initial search fee of €15 was paid. No search and retrieval fees were paid in respect of these requests. In respect of one of these requests no fee was payable under the Act. The total amount of fees received in 2011 was €135.

Appointments to State Boards

Gerry Adams

Question:

480 Deputy Gerry Adams asked the Minister for Children and Youth Affairs if the chief executive officer of Rehab (details supplied) is a member of any State board; and the remuneration, expenses or other payments they receive for such membership. [13240/12]

I would like to inform the Deputy that there are four agencies which are funded by the Exchequer through my Department's Vote. These are the Adoption Authority of Ireland (AAI); the Family Support Agency (FSA); the National Educational Welfare Board (NEWB) and the Ombudsman for Children. With effect from 1 January 2012, I have taken responsibility for the children detention schools as provided in Part 10 of the Children Act 2001. Apart from the Ombudsman for Children's Office which does not have a board, I am responsible for all Board of Management appointments. I can confirm that the individual that the Deputy has referred to is not a member of any State board which comes under the remit of my Department and is therefore not in receipt of any remuneration, expenses or any such payments.

National Children’s Hospital

Billy Kelleher

Question:

481 Deputy Billy Kelleher asked the Minister for Health the total amount of funding allocated to the proposed national children’s hospital project for 2012. [12366/12]

Following the publication of the ‘Infrastructure and Capital Investment 2012-2016: Medium Term Exchequer Framework', the Health Service Executive commenced drawing up its capital programme for the multi-annual period 2012-2016. The Executive is required to prioritise the capital infrastructure projects within its overall capital funding allocation taking into account the existing capital commitments and costs to completion over the period. A draft capital plan for the period 2012-2016 has been submitted to my Department. My Department has been reviewing the proposals and following up with the HSE where further details were required. The recent developments regarding the National Children's Hospital will require that some of the assumptions made in the plan in that regard are reviewed and my Department, together with the HSE, will be addressing the issues arising as a matter of priority.

Animal Experimentation

Maureen O'Sullivan

Question:

482 Deputy Maureen O’Sullivan asked the Minister for Health the number of companies that have licences to use animals in experimentation; the length, terms and conditions of those licences; the guidelines that apply; and the extent of inspection to ensure those guidelines are being followed. [12788/12]

I would like to advise the Deputy that my Department issues two types of authorisations, one in respect of the registration of premises and the other in respect of the licensing of projects. There are 45 registered premises across 18 Organisations. The number of project licences issued in 2011 was 132 and such licences are issued for 5 years. A number of conditions apply to each licence and these include matters in relation to the care and accommodation of the animals, record maintenance, the provision of veterinary advice and treatment and a requirement that the experiments can only be carried out at the registered premises specified in the licence.

The guidelines for inspections are contained in Commission Recommendation (2007/526/EU) of 18 June 2007 on guidelines for the accommodation and care of animals used for experimental and other scientific purposes. Inspections are carried out by the Department of Agriculture, Food and the Marine. A Memorandum of Understanding has been signed by both Departments formalising arrangements in this regard.

Departmental Schemes

Ciara Conway

Question:

483 Deputy Ciara Conway asked the Minister for Health if he has considered revisiting the current amount charged for the drug payment scheme for a single person, in view of the fact that they are levied with the same charge as a couple or as a family; and if he will make a statement on the matter. [12122/12]

There are no plans to change the current terms of the Drugs Payment Scheme.

Pension Provisions

Catherine Murphy

Question:

484 Deputy Catherine Murphy asked the Minister for Health the reason the pension entitlements of a person (details supplied) have not been finalised; and if he will make a statement on the matter. [12123/12]

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

Medical Aids and Appliances

Aodhán Ó Ríordáin

Question:

485 Deputy Aodhán Ó Ríordáin asked the Minister for Health the position regarding a hearing aid application in respect of a person (details supplied) in Dublin 5; and if he will make a statement on the matter. [12128/12]

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

Medicinal Products

Billy Kelleher

Question:

486 Deputy Billy Kelleher asked the Minister for Health the anti-venom stocks held in the State; the location of same; and if he will make a statement on the matter. [12137/12]

The National Poisons Information Centre, located in Beaumont Hospital provides information to doctors and health care professionals to assist them in the management of acute poisoning. In cases of poisoning with venomous species, the treating hospital should contact this body for information on how to obtain stocks of anti-venom. There are no centrally held stocks of anti-venom in Ireland. I am advised by the National Poisons Information Centre that they have no reports of the use of anti-venom serum in this country to date.

Hospital Waiting Lists

Brian Walsh

Question:

487 Deputy Brian Walsh asked the Minister for Health when a person (details supplied) in County Galway can expect to undergo an operation; and if he will make a statement on the matter. [12140/12]

I am determined to address the issues which cause unacceptable delays in patients receiving treatment in our hospitals. In this regard I have established the Special Delivery Unit (SDU), which will work to unblock access to acute services by dramatically improving the flow of patients through the system, and by streamlining waiting lists, including referrals from GPs. The SDU is working closely with its partner agencies — mainly the HSE and the NTPF.

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

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

Medical Cards

Mattie McGrath

Question:

488 Deputy Mattie McGrath asked the Minister for Health when a decision will be made on an application for a medical card in respect of a person (details supplied) in County Tipperary; and if he will make a statement on the matter. [12149/12]

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

Hospital Staff

Billy Kelleher

Question:

489 Deputy Billy Kelleher asked the Minister for Health the staffing levels from 2008 to 2012 at the Cork Dental Hospital on the Cork University Hospital campus; and if he will make a statement on the matter. [12155/12]

The Health Service Executive's Health Service Personnel Census indicates that the numbers employed in the Cork Dental Hospital between December 2008 and January 2012 (latest data) are as set out in the table:

Numbers (WTE excl. career break) employed at Cork Dental Hospital

Dec 08

Dec 09

Dec 10

Dec 11

Jan 12

88.25

75.48

78.59

83.98

78.82

Hospital Services

Billy Kelleher

Question:

490 Deputy Billy Kelleher asked the Minister for Health the number of patients treated by consultants from 2008 to 2012 and separately by visiting dentists from 2008 to 2012 at the Cork Dental Hospital on the Cork University Hospital campus; and if he will make a statement on the matter. [12156/12]

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

Billy Kelleher

Question:

491 Deputy Billy Kelleher asked the Minister for Health if he will clarify the position on the bed closures at the Mercy University Hospital, Cork, and confirm that it is not the case that public beds that were closed either have opened or are about to open as private beds; and if he will make a statement on the matter. [12157/12]

Billy Kelleher

Question:

493 Deputy Billy Kelleher asked the Minister for Health when the cardiac services being provided by the Mercy University Hospital, Cork, will link up with the established cardiac centre of excellence at Cork University Hospital; and if he will make a statement on the matter. [12159/12]

I propose to take Questions Nos. 491 and 493 together.

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

Irish Blood Transfusion Service

Billy Kelleher

Question:

492 Deputy Billy Kelleher asked the Minister for Health the current status of the Irish Blood Transfusion Service based at St. Finbar’s Hospital, Cork; the future plans for the service based there; and if he will make a statement on the matter. [12158/12]

Approval was given by the Board of the HSE in July 2011 to relocate the Munster Regional Transfusion Centre to a site at Cork University Hospital and a capital allocation has been provided for this purpose. This project is currently under discussion between the IBTS and the HSE.

Question No. 493 answered with Question No. 491.

Ambulance Service

Billy Kelleher

Question:

494 Deputy Billy Kelleher asked the Minister for Health if the ambulance service for the southern region complies with Health Information and Quality Authority guidelines; and if he will make a statement on the matter. [12160/12]

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

Health Service Staff

Billy Kelleher

Question:

495 Deputy Billy Kelleher asked the Minister for Health the manner in which a vacancy was recently filled in the reconfiguration department at Health Service Executive south; if expressions of interest were sought to fill the vacant position; and if he will make a statement on the matter. [12161/12]

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

Departmental Properties

Billy Kelleher

Question:

496 Deputy Billy Kelleher asked the Minister for Health if he will detail the occupancy of Áras Sláinte at Wilton Road, Cork; the reason separate offices were needed at the Model Farm Road to facilitate Health Service Executive management; and if he will make a statement on the matter. [12162/12]

Management of the Health Service Executive property portfolio is a service matter. Therefore your question has been referred to the Executive for direct reply.

Health Services

Caoimhghín Ó Caoláin

Question:

497 Deputy Caoimhghín Ó Caoláin asked the Minister for Health if he will review the case of a person (details supplied) in County Cork; if he will provide an update on same; and if he will make a statement on the matter. [12168/12]

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

Medical Cards

John O'Mahony

Question:

498 Deputy John O’Mahony asked the Minister for Health when a person (details supplied) in County Galway will receive a decision on the medical card application made in October 2011; the reason for the delay in same; and if he will make a statement on the matter. [12169/12]

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

Michelle Mulherin

Question:

499 Deputy Michelle Mulherin asked the Minister for Health the reason a person (details supplied) in County Mayo was issued with a medical card with an incorrect PPS number on it and that when correcting the error, they were re-issued with a medical card still bearing the incorrect PPS number and incorrectly being a general practitioner visit card and further that on the third attempt PPS number was correct, however, it is still a GP visit card when it should be a medical card; if he will have the correct medical card issued to them as soon as possible; and if he will make a statement on the matter. [12174/12]

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

General Practitioner Services

Billy Kelleher

Question:

500 Deputy Billy Kelleher asked the Minister for Health the financial cost to the Health Service Executive of equipment supplied to general practitioners for blood sampling; and if he will make a statement on the matter. [12183/12]

I believe the Deputy is referring to general items used in taking blood samples such as packaging, etc. The information sought by the Deputy is not routinely available, however, the HSE have advised my Department that the estimated costs of providing GPs with packaging and primary/secondary containers used in taking blood samples in primary care is between €5.5m and €6m annually. I should stress that this is an estimated cost as actual costs are not readily available.

Billy Kelleher

Question:

501 Deputy Billy Kelleher asked the Minister for Health if the Health Service Executive subsidises practice nurses in general practitioners’ surgeries; if so, the financial cost to the HSE; and if he will make a statement on the matter. [12184/12]

Under the General Medical Services (GMS) Contract, provision is made for the payment of subsidies towards the cost of employing practice nurses, secretaries and managers. The current rates of payments are set out in the Health Professionals (Reduction of Payments to General Practitioners) Regulations 2010 (S.I. 638/2010). The current annual nursing subsidy ranges from €31,258.45 for a nurse with 1 year's experience, up to €38,204.77 for a nurse with 4 or more years' experience.

Fees and allowances paid to General Practitioners (GPs) under the General Medical Services Scheme, the Maternity and Infant Care Scheme, the Health (Amendment) Act 1996 (Hepatitis C patients) and the HeartWatch Programme amounted to some €465m in 2010. This includes secretarial/nursing allowances of €80.6m.

Billy Kelleher

Question:

502 Deputy Billy Kelleher asked the Minister for Health the total cost from 2009 to 2011 for the laboratory testing of blood including the breakdown of blood testing for general practitioners; and if he will make a statement on the matter. [12185/12]

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

Billy Kelleher

Question:

503 Deputy Billy Kelleher asked the Minister for Health the amount general practitioners are paying towards the provision of equipment and testing of blood; and if he will make a statement on the matter. [12186/12]

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

Departmental Funding

Peter Mathews

Question:

504 Deputy Peter Mathews asked the Minister for Health, further to Parliamentary Question No. 668 of 14 February 2012, the Minister or Minister of State responsible for allocating the budget for such expenditure; and if he will make a statement on the matter. [12210/12]

The HSE and Local Authorities both fund and deliver services to all persons and families presenting as homeless. The allocation of the HSE's homeless budget comes within the remit of the HSE and is allocated based on identified needs.

Health Services

Patrick O'Donovan

Question:

505 Deputy Patrick O’Donovan asked the Minister for Health the position regarding an E112 expenses claim in respect of a person (details supplied) in County Limerick; and if he will make a statement on the matter. [12215/12]

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

Medical Cards

Mattie McGrath

Question:

506 Deputy Mattie McGrath asked the Minister for Health when a decision will issue on an application for a medical card in respect of a person (details supplied) in County Tipperary; and if he will make a statement on the matter. [12221/12]

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

Mattie McGrath

Question:

507 Deputy Mattie McGrath asked the Minister for Health when a decision will issue on an application for a medical card in respect of a person (details supplied) in County Tipperary; and if he will make a statement on the matter. [12223/12]

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

Health Insurance

Alex White

Question:

508 Deputy Alex White asked the Minister for Health if his attention has been drawn to the practice of the VHI in charging an insured couple seeking to cancel their policy 11 months from renewal a fee of €634.40 in lieu of the Government health levy for 2012; if he plans to address the issue; and if he will make a statement on the matter. [12225/12]

While insurers provide a facility to consumers to pay premiums over the policy year, rather than at the start of the policy, this does not change the twelve month nature of contracts. Health insurance contracts are normally written for a term of one year. Like any contract, if a policyholder wishes to cancel their health insurance contract, the cancellation is subject to the relevant terms in the policy contract, provided the contract allows for mid term cancellation. If the policy contract does not allow cancellation during the term of the year, an insurer can seek to enforce the contract under contract law and demand the balance of the year's premium. All open market insurers give a 14 day cooling off period where they will cancel the contract and give a full premium refund. It is important to note that customers are free to cancel and change their policy at their renewal date without difficulty.

In respect of policies renewing or commencing in 2012, the current Scheme of Age-Related Tax Credits and Community Rating Levy provides for the payment by insurers of a levy of €285 per adult. It should be noted that, where customers leave before the twelve month insurance period expires, the insurer incurs a loss in relation to the levy paid as the levy may only be collected once. If a policy is cancelled mid policy year, insurers cannot reclaim a proportion of the levy. Where a policy holder switches to an alternative insurer, the second insurer does not have to pay the levy in respect of the replacement policy, if the two policies commence in the same accounting period. In this regard, accounting periods are normally the twelve month period starting on 1 August and finishing on 31 July.

I am informed by the VHI that the amount the couple are required to pay is based on a pro rata calculation of the levy for two adults and two children, which the VHI are required to pay in respect of the policy concerned. Where the policy is cancelled mid policy term, VHI were still required to pay the levy and therefore would otherwise be at a loss. VHI must ensure that they take in enough premium income in a given year to cover the costs of their customers' healthcare needs in that year. This would not be possible if the terms of cover on policies were constantly changing outside of the agreed contract period.

There is also a €50 administration charge which I understand is imposed by VHI to cover the cost of the administration involved in the cancellation of a policy post-breach of the contract (it should be noted this is per policy rather than per person — the average VHI policy involves two people). The administration charge only arises if a breach of contract occurs.

Medical Cards

Billy Kelleher

Question:

509 Deputy Billy Kelleher asked the Minister for Health, in view of an article in a newspaper (details supplied), if he will clarify the comments attributed to him and his Department in relation to the reactivation of medical cards when applications are pending, in view of the fact that no information is available from his own site or that of health update; and if he will make a statement on the matter. [12227/12]

Billy Kelleher

Question:

510 Deputy Billy Kelleher asked the Minister for Health, in relation to the reactivation of pending medical card applications, if an announcement (details supplied) is correct, can he tell us how soon applicants or general practitioners can check the status of cards on line; and if he will make a statement on the matter. [12228/12]

Billy Kelleher

Question:

511 Deputy Billy Kelleher asked the Minister for Health, in relation to the reactivation of pending medical card applications, if the recent announcement is correct, does this mean holders of expired cards can go to their pharmacies today to fill prescriptions; and if he will make a statement on the matter. [12229/12]

Billy Kelleher

Question:

512 Deputy Billy Kelleher asked the Minister for Health, in relation to the reactivation of pending medical card applications, if this announcement is correct, can he inform this Deputy, in cases in which applicants are ultimately successful, will the Health Service Executive compensate them for medical expenses incurred while a decision was pending; and if he will make a statement on the matter. [12230/12]

Billy Kelleher

Question:

513 Deputy Billy Kelleher asked the Minister for Health, in relation to the reactivation of pending medical card applications, if this announcement is correct, will there be a public information campaign to inform persons that they now no longer have to go without the medication they could not afford to buy; and if he will make a statement on the matter. [12231/12]

Billy Kelleher

Question:

514 Deputy Billy Kelleher asked the Minister for Health, in relation to the reactivation of pending medical card applications, if this announcement is correct, if he will clarify the situation for those who did make an application but were asked again to submit further applications, and if he will make a statement on the matter. [12232/12]

I propose to take Questions Nos. 509 to 514, inclusive, together.

Under a new procedure, a medical card will remain valid, irrespective of the expiry date shown on the card, once the medical card holder is genuinely engaging with the HSE review process. The medical card status of an individual can be confirmed by any doctor or pharmacist in their practice or pharmacy, or by the medical card holders themselves either on-line at www.medicalcard.ie or through their GP’s practice system. I have spoken to the HSE about the need for a public information campaign and the HSE will be taking steps in this regard very shortly.

Pearse Doherty

Question:

515 Deputy Pearse Doherty asked the Minister for Health if he will provide an explanation for the delay in the processing of a medical card application appeal in respect of a person (details supplied) in Dublin 22; and when the individual concerned can expect a decision [12240/12]

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

Pearse Doherty

Question:

516 Deputy Pearse Doherty asked the Minister for Health if he will provide an explanation for the delay in the processing of a medical card application in respect of a person (details supplied) in Dublin 22; and when the individual concerned can expect a decision. [12241/12]

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

John O'Mahony

Question:

517 Deputy John O’Mahony asked the Minister for Health when a person (details supplied) in County Mayo will receive their medical card following their successful appeal; and if he will make a statement on the matter. [12248/12]

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

Health Service Staff

John Lyons

Question:

518 Deputy John Lyons asked the Minister for Health if he will provide, in tabular form, details of annual expenditure and whole-time equivalent posts for all years from 2007 to date in 2012, under the following headings (details supplied). [12251/12]

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

John Lyons

Question:

519 Deputy John Lyons asked the Minister for Health if he will provide, in tabular form, details of annual expenditure and whole-time equivalent posts for all years from 2007 to date in 2012, under certain headings (details supplied) for children with special educational needs; and if he will make a statement on the matter. [12252/12]

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

Health Services

Pearse Doherty

Question:

520 Deputy Pearse Doherty asked the Minister for Health the reason support services, motor skills therapy, speech therapy and paediatric services for a person (details supplied) in Dublin 22 are not being provided; when the individual concerned can expect these services to be provided; and if he will make a statement on the matter. [12255/12]

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

Departmental Funding

Gerry Adams

Question:

521 Deputy Gerry Adams asked the Minister for Health the level of funds from his Department that go to fund the work of Rehab; if any of that money contributes towards the salary of the chief executive of the Rehab Group; and if he will make a statement on the matter. [12258/12]

The Rehab Group is an independent company with many subsidiaries operating in the not for profit and commercial sectors in several jurisdictions. The Rehab Group is funded by the Health Service Executive. The Department has requested the HSE to provide the Deputy with details of the funding the Executive provides to the Rehab Group.

In response to an enquiry by the Minister for Health in 2011, the Chairman of the Rehab Group pointed out that the salaries of the Chief Executive Officer and other senior members of the group management team come from their commercial activities and are not financed from public funds or fundraising.

Medical Cards

John O'Mahony

Question:

522 Deputy John O’Mahony asked the Minister for Health when a person (details supplied) in County Mayo will receive their medical card; and if he will make a statement on the matter. [12264/12]

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

Sandra McLellan

Question:

523 Deputy Sandra McLellan asked the Minister for Health the reason medical card and general practitioner cards are being withdrawn from applicants who have been deemed by the medical card office to not have proof of income while awaiting the outcome of social welfare claims; and to comment on the case of a person (details supplied) whose income is currently zero. [12267/12]

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

Medicinal Products

Simon Harris

Question:

524 Deputy Simon Harris asked the Minister for Health if he will outline the restrictions and guidelines that he operates regarding the provision of homoeopathy services and practitioners’ rights to make claims about the medical efficacy of their services; and if he will make a statement on the matter. [12274/12]

Under the Medicinal Products (Control of Placing on the Market) Regulations 2007, the Irish Medicines Board operates a registration scheme for homoeopathic medicines to ensure the quality and safety of homoeopathic medicinal products placed on the market in Ireland. Advertising of medicinal products is regulated by the Medicinal Products (Control of Advertising) Regulations 2007 and these Regulations prohibit the use of certain materials in advertisements of homoeopathic medicinal products including:

material which suggests that the effects of taking the medicinal product are guaranteed, are unaccompanied by adverse reactions or are better than, or equivalent to, those of another treatment or medicinal product; material which suggests that the health of the subject could be enhanced by taking the medicinal product;

material which refers to a recommendation by scientists, health professionals or persons who are neither of the foregoing but who, because of their celebrity status, could encourage the consumption of medicinal products;

material which suggests that the safety or efficacy of the medicinal product is due to the fact that it is natural;

material which refers in improper, alarming or misleading terms to claims of recovery.

Health Services

Thomas P. Broughan

Question:

525 Deputy Thomas P. Broughan asked the Minister for Health if he will urgently request the Health Service Executive to bring in an independent child care expert to assess the needs and make recommendations for a person (details supplied) in Dublin 5 in terms of their urgent health, mental health and welfare needs in view of the crisis situation that they currently find themselves in; and if he will make a statement on the matter. [12283/12]

Thomas P. Broughan

Question:

526 Deputy Thomas P. Broughan asked the Minister for Health if she will urgently request the Health Service Executive to bring in an independent child care expert to assess the needs and make recommendations for a young person (details supplied) in Dublin 5 in terms of their urgent educational, health, mental health and welfare needs in view of the crisis situation that the person currently finds themselves in; and if he will make a statement on the matter. [12284/12]

I propose to take Questions Nos. 525 and 526 together.

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

Health Service Staff

Dan Neville

Question:

527 Deputy Dan Neville asked the Minister for Health the ratio of child and adolescent psychiatrists to the child and adolescent population in countries (details supplied). [12298/12]

The Medical Council reported that there were 131 physicians with a specialty of Child and Adolescent Psychiatry as at 31st December, 2011. Given a CSO estimated 2011 population under the age of 18 of 1.142 million, this equates to approximately 11.4 Child and Adolescent Psychiatrists per 100,000 children aged under 18 for Ireland. My Department does not collect this information for the other countries referred to by the Deputy.

Mental Health Services

Dan Neville

Question:

528 Deputy Dan Neville asked the Minister for Health the number of multidisciplinary outpatient child and adolescent teams at present. [12299/12]

There are currently 61 child and adolescent mental health teams nationally. Of these 61 teams, 56 are community based, 2 are Day Hospital teams and 3 are Hospital Liaison teams.

Medical Cards

Emmet Stagg

Question:

529 Deputy Emmet Stagg asked the Minister for Health the reason a medical card awarded on appeal in June 2011 has not to date issued to a person (details supplied) in County Kildare. [12310/12]

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

John McGuinness

Question:

530 Deputy John McGuinness asked the Minister for Health when an application for a medical card will be approved in respect of a person (details supplied); the reason the process is taking so long in view of the fact that the application and all of the further information requested was submitted on 7 July 2011, 5 August 2011, 17 November 2011, 20 November 2011 and 14 December 2011; if the letter of complaint of 18 December 2011 will be processed; and if he will make a statement on the matter. [12316/12]

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

Health Services

Patrick O'Donovan

Question:

531 Deputy Patrick O’Donovan asked the Minister for Health if he will review the policy of families of patients suffering from Duchenne muscular dystrophy having to fill in a new E112 form every time they travel to the UK for treatment, in view of the financial, emotional and physical stress that completing these applications has on the patients and families; and if he will make a statement on the matter. [12324/12]

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

Health Centres

Joan Collins

Question:

532 Deputy Joan Collins asked the Minister for Health the Health Service Executive’s plans for the building in which the current health centre is located in Ballyfermot, Dublin 10. [12325/12]

Management of the Health Service Executive property portfolio is a service matter. Therefore your question has been referred to the Executive for direct reply.

National Treatment Purchase Fund

Billy Kelleher

Question:

533 Deputy Billy Kelleher asked the Minister for Health the position regarding the treatment abroad scheme application (details supplied) in Dublin 24; and if he will make a statement on the matter. [12327/12]

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

Medical Cards

Tom Fleming

Question:

534 Deputy Tom Fleming asked the Minister for Health when a decision will issue on a medical card application in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [12329/12]

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

John O'Mahony

Question:

535 Deputy John O’Mahony asked the Minister for Health when a person (details supplied) in County Mayo will receive a decision on their medical card application; and if he will make a statement on the matter. [12330/12]

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

Sandra McLellan

Question:

536 Deputy Sandra McLellan asked the Minister for Health when a medical card claim will be processed in respect of a person (details supplied) in County Cork. [12341/12]

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

Jack Wall

Question:

537 Deputy Jack Wall asked the Minister for Health the position regarding an appeal against the decision to refuse an application for a full medical card in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [12356/12]

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

Hospital Waiting Lists

Dominic Hannigan

Question:

538 Deputy Dominic Hannigan asked the Minister for Health his plans to deal with the four-year waiting lists for dental services in Our Lady’s Hospital in Navan, County Meath; if there will be a possibility to hire new staff for the centre if there is a need for extra staff to deal with the waiting list; if there is any possibility to redeploy staff from a different centre to deal with the backlog; and if he will make a statement on the matter. [12358/12]

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

Health Services

Dominic Hannigan

Question:

539 Deputy Dominic Hannigan asked the Minister for Health the reason a person (details supplied) in County Meath had their home help hours cut by 50%; and if he will make a statement on the matter. [12361/12]

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

Proposed Legislation

Dominic Hannigan

Question:

540 Deputy Dominic Hannigan asked the Minister for Health when he expects to bring the health (amendment) Bill to Dáil Éireann for Second Stage debate; and if he will make a statement on the matter. [12375/12]

Work is underway in my Department to develop legislation to extend free GP cover to persons with defined long-term illnesses who are in receipt of drugs and medicines under the Long Term Illness Scheme. It is not possible at this stage to say when the second stage debate will take place but it is hoped to produce the legislation by this summer.

Medical Cards

John O'Mahony

Question:

541 Deputy John O’Mahony asked the Minister for Health when a person (details supplied) in County Mayo will receive a decision on their medical card application; and if he will make a statement on the matter. [12378/12]

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

Medicinal Products

Olivia Mitchell

Question:

542 Deputy Olivia Mitchell asked the Minister for Health the reason a company (details supplied) is being prohibited by the Irish Medicines Board from introducing its cheaper product for sale in the Republic when this product is for sale at half the price across the Border; and if he will inquire the reason at the same time the Irish Medicines Board is requiring a renewal of the company’s warehouse licence while prohibiting it from importing its product. [12380/12]

The procedures to be followed for authorisation of medicinal products are set out in EU legislation. While no details have been provided by the Deputy on the product in question, I have been advised by the Irish Medicines Board that the company has made two applications to the Irish Medicines Board to market products in Ireland and these are currently under assessment by the Board. An earlier application for authorisation of a particular product was made under the incorrect procedure.

Under EU legislation, an application to market a medicinal product in a member state other than that in which it was first authorised must be made under the mutual recognition procedure. This procedure is based on the principle of the mutual recognition by EU member states of their respective national marketing authorisations. The Irish Medicines Board is unaware of any engagement with the named company regarding a wholesaler's authorisation.

Medical Cards

Pearse Doherty

Question:

543 Deputy Pearse Doherty asked the Minister for Health if he will provide an explanation for the delay in the processing of a medical card application in respect of a person (details supplied) in Dublin 22; and when the individual concerned can expect a decision. [12381/12]

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

Tom Fleming

Question:

544 Deputy Tom Fleming asked the Minister for Health when a decision will issue on a medical card application in respect of a person (details supplied) in County Kerry; and if he will make a statement on the matter. [12388/12]

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

Health Service Staff

Michelle Mulherin

Question:

545 Deputy Michelle Mulherin asked the Minister for Health if he will direct the Public Appointments Commission to expedite the approval of a director of nursing for St. Augustine’s community nursing home, Ballina, County Mayo, in order that a new director of nursing is confirmed before the current director of nursing has retired to assure a smooth transition for the operation of the home; and if he will make a statement on the matter. [12406/12]

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

Medical Cards

Jerry Buttimer

Question:

546 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. [12418/12]

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

EU Directives

Finian McGrath

Question:

547 Deputy Finian McGrath asked the Minister for Health when directive 2011/24/EU on the application of patients’ rights in cross-border health care will be transposed into legislation and the transition arrangements will be put in place to ensure the effective transposition of the directive; and if he will make a statement on the matter. [12429/12]

The Directive on the Application of Patients' Rights in Cross Border Healthcare was published in the EU Official Journal on 4 April 2011 and the transposition period of 30 months commenced on 24 April 2011. Member States have until October 2013 to implement the Directive.

The purpose of this patient-focussed Directive is to establish a clear legal framework to facilitate cross border health care with a focus on patient rights, information for patients on entitlements and patient choice. This will require all Member States to put in place processes to allow for the exchange of information on treatments, and their cost, to citizens across the EU. Member States will also have to facilitate the exchange of patient information following treatment and put in place mechanisms to refund patients up to the amount the treatment would have cost them to have received the same procedure in their own Member State. Given the complexity of the issues to be considered, both nationally and between Member States, it is envisaged that the transposition of the Directive into Irish law will be completed within the transposition time frame of October 2013.

Health Services

Paul Connaughton

Question:

548 Deputy Paul J. Connaughton asked the Minister for Health when a person (details supplied) in County Galway will receive their primary medical certificate; and if he will make a statement on the matter. [12431/12]

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

Medical Cards

John McGuinness

Question:

549 Deputy John McGuinness asked the Minister for Health if a medical card application submitted in November 2011 will be expedited and approved in respect of a person (details supplied) in County Kilkenny. [12433/12]

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

Health Service Staff

Robert Troy

Question:

550 Deputy Robert Troy asked the Minister for Health if he is satisfied that all front-line vacancies which have been approved for replacement will be filled from 1 March despite the fact that advertisements have yet to be placed; and if he will confirm that standard HR procedures will be relaxed to ensure all necessary front-line positions will be filled without any delay. [12448/12]

Approximately 4,400 health service staff retired between September 2011 and February 2012. Planning for the impact of the end of the pensions "grace period" began last autumn. Contingency plans have been developed locally for hospital and community services, reflecting risk assessments undertaken by each hospital/community manager. These have been reviewed at regional and national levels to ensure appropriate measures are in place across all services. The focus is on protecting and maintaining critical front-line services such as Emergency Department, maternity, critical care and neonatal services.

In order to achieve this, it is essential that changes in work practices and in how services are organised are pursued in the first instance. These include staff redeployment, streamlining of management structures, changing business processes and integrating services, as well as rostering and skill-mix changes. Some recruitment of new staff is also taking place, to ensure that key specialist services are maintained. Such recruitment will be conducted in line with normal public service practice, including competitive selection procedures. However I must emphasise that, given the need to reduce the size and cost of the public service, recruitment will occur only where issues cannot be addressed through other measures.

Where permanent appointments are to be made, interim arrangements have where necessary been put in place at local level. These include obtaining agreement of part-time staff to work extra hours, postponement of leave and the short-term employment of recent graduates in some disciplines.

Health Services

Joe McHugh

Question:

551 Deputy Joe McHugh asked the Minister for Health if he will consider a proposal related to spina bifida care (details supplied); and if he will make a statement on the matter. [12455/12]

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

Medical Cards

Tom Fleming

Question:

552 Deputy Tom Fleming asked the Minister for Health when a decision will issue on a medical card renewal application in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [12459/12]

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

Health Services

James Bannon

Question:

553 Deputy James Bannon asked the Minister for Health the reason Dublin taxis are parking in the disability bays outside the Mater Hospital, Dublin, sited between the construction site and the main entrance to the hospital, and abusing people who come up from the country to attend clinics at the hospital; and if he will make a statement on the matter. [12462/12]

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

Joe Higgins

Question:

554 Deputy Joe Higgins asked the Minister for Health the reason the Genesis centre, the only psychotherapy and family centre in Dublin 15, has been hit with cuts of 10% in funding from the Health Service Executive when it provides an essential service in a budget. [12466/12]

Joe Higgins

Question:

555 Deputy Joe Higgins asked the Minister for Health the reason services in greater Blanchardstown, Dublin, are being severely affected by cuts and relocation. [12467/12]

Joe Higgins

Question:

556 Deputy Joe Higgins asked the Minister for Health the reason adolescent and child psychiatric services were summarily removed from Warrenstown and Blanchardstown; and the reason the Genesis Psychotherapy and Family Therapy Service is suffering combined HSE/FSA cuts of 22%. [12468/12]

I propose to take Questions Nos. 554 to 556, inclusive, together.

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

Health Insurance

Willie O'Dea

Question:

557 Deputy Willie O’Dea asked the Minister for Health if his attention has been drawn to the fact that the VHI operates a policy whereby anybody who wishes to change to a lower plan during the course of the year is not allowed to do so; if he will engage with the management of VHI to change this policy; if his further attention has been drawn to the fact that if someone wishes to change from the VHI, they incur very heavy penalties; his views on whether this is anti-consumer and bad for business; and if he will also engage with the management of VHI to change this policy. [12470/12]

While insurers provide a facility to consumers to pay premiums over the policy year, rather than at the start of the policy, this does not change the twelve month nature of contracts. Health insurance contracts are normally written for a term of one year. Like any contract, a customer wishing to cancel is subject to the terms of that contract. If the policy contract does not allow cancellation during the term of the year, an insurer can seek to enforce the contract under contract law and demand the balance of the year's premium.

All open market insurers give a 14 day cooling off period where they will cancel the contract and give a full premium refund. It is important to note that customers are free to cancel and change their policy at their renewal date without difficulty.

In respect of policies renewing or commencing in 2012, the current Scheme of Age-Related Tax Credits and Community Rating Levy provides for the payment by insurers of a levy of €285 per adult. It should be noted that, where customers leave before the twelve month insurance period expires, the insurer incurs a loss in relation to the levy paid as the levy may only be collected once. If a policy is cancelled mid policy year, insurers cannot reclaim a proportion of the levy. Where a policy holder switches to an alternative insurer, the second insurer does not have to pay the levy in respect of the replacement policy, provided the two policies commence in the same accounting period (normally the twelve month period starting on 1 August and finishing on 31 July).

I understand that, where customers cancel their cover mid-policy (and pay the normal penalties for breaking their contract), VHI treats them as if they were a new customer, with waiting periods applying if they take out another VHI policy immediately afterwards. This measure is being taken as, where a policy is cancelled mid policy term, VHI are still required to pay the levy and therefore would otherwise be at a loss. VHI must ensure that they take in enough premium income in a given year to cover the costs of their customers' healthcare needs in that year. This would not be possible if the terms of cover on policies were constantly changing outside of the agreed contract period.

Section 8(5) of the Health Insurance Act 1994 (as amended in 2001) refers to the cessation of a contract with an insurer and the subsequent effecting of a contract with a different insurer. This section of the Acts does not cover circumstances of switching policies within the same insurer and does not prohibit an insurance provider from applying penalties to customers who cancel their cover mid-policy and wish to take out another, less expensive policy with the same insurer immediately afterwards.

The Health Insurance Authority (HIA) is the independent regulator of the private health insurance market in Ireland and provides information to consumers regarding their rights and health insurance plans and benefits. My Department will examine this issue further, in conjunction with the HIA, as part of the overall strategy to address issues in the private health insurance market, leading in to the introduction of Universal Health Insurance.

Medical Cards

Emmet Stagg

Question:

558 Deputy Emmet Stagg asked the Minister for Health the reason a medical card has not issued to a successful applicant when the decision was made over a month ago [12474/12]

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

Health Services

Denis Naughten

Question:

559 Deputy Denis Naughten asked the Minister for Health the total funding provided to Westdoc and each of its bases in 2011; the corresponding figure for 2012; the number of patient contacts in 2011 at each base and the projected figures for 2012; the way the Health Service Executive intends to make budget savings on the scheme this year; and if he will make a statement on the matter. [12495/12]

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

Denis Naughten

Question:

560 Deputy Denis Naughten asked the Minister for Health the total funding provided to Nowdoc and each of its bases in 2011; the corresponding figure for 2012; the number of patient contacts in 2011 at each base and the projected figures for 2012; the way the Health Service Executive intends to make budget savings on the scheme this year; and if he will make a statement on the matter. [12496/12]

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

Brendan Griffin

Question:

561 Deputy Brendan Griffin asked the Minister for Health if he will provide funding for a health organisation (details supplied) in County Kerry; and if he will make a statement on the matter. [12500/12]

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

Finian McGrath

Question:

562 Deputy Finian McGrath asked the Minister for Health if he will review a matter (details supplied) regarding a service. [12514/12]

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

Medical Cards

John McGuinness

Question:

563 Deputy John McGuinness asked the Minister for Health if a medical card will be issued to a person (details supplied) in County Kilkenny; if he will expedite the matter. [12575/12]

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

John O'Mahony

Question:

564 Deputy John O’Mahony asked the Minister for Health when a person (details supplied) in County Mayo will receive a decision on their medical card application; and if he will make a statement on the matter. [12588/12]

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

Health Services

Paschal Donohoe

Question:

565 Deputy Paschal Donohoe asked the Minister for Health if he will provide an update on the Health Service Executive plans to redevelop an area (details supplied) in Dublin 7; and if he will make a statement on the matter. [12608/12]

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

Medical Cards

John O'Mahony

Question:

566 Deputy John O’Mahony asked the Minister for Health when a person (details supplied) in County Mayo will receive a decision on their application for renewal of a medical card; and if he will make a statement on the matter. [12644/12]

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

Hospital Services

Dan Neville

Question:

567 Deputy Dan Neville asked the Minister for Health his plans for palliative care services and community hospitals. [12651/12]

Government policy on Palliative Care is based on the Report of the National Advisory Committee on Palliative Care (2001) and the Palliative Care Services — Five Year/Medium Term Development Framework (2009-13). The health service is facing many challenges for 2012, and beyond. The recently agreed Health Service Executive Service Plan 2012 indicates services priorities for this year, including an overall provision of €78 million for Palliative Care. Every effort has been made to develop Palliative Care services, including advancing improved evidence based performance measures to benefit the sector in the future. The Plan commits, for example, to develop Palliative Care in both the Hospital, and Community based, settings. The Department of Health and the HSE will continue to work closely with all relevant stakeholders to improve these services for patients and their families, in line with overall resource availability.

Departmental Strategy Statements

Dan Neville

Question:

568 Deputy Dan Neville asked the Minister for Health when the national positive ageing strategy will be published. [12654/12]

The Programme for Government published in March 2011 has committed to completing and implementing the National Positive Ageing Strategy so that older people are recognised, supported and enabled to live independent full lives. It is not the intention that the Strategy will propose new service developments. Rather it will set the strategic direction for future policies, programmes and services for older people in Ireland.

The Strategy will set out a common framework for the development of operational plans by Government Departments. These operational plans will clearly set out each Department's objectives relating to older people. Mechanisms designed to monitor the implementation of measures contained in operational plans will also be developed in consultation with Departments.

In recognition that a wide range of policies, programmes and services impact directly on the lives of older people, development of the Strategy is being assisted by a Cross-Departmental Group (CDG), comprised of officials from 11 Government Departments, the Central Statistics Office and An Garda Síochána.

In 2009, an NGO Liaison Group comprising representatives of twelve national level non-governmental organisations working with and for older people was established under an independent Chair. The role of this Group is to facilitate the exchange of information and views between the organisations, their members and the Cross Departmental Group during the development of the National Positive Ageing Strategy. To date, this Group has met with Government officials on six occasions. In addition, given that the National Positive Ageing Strategy will have a wider focus than any previous strategy relating to older people, it was important to hear the views and opinions of older people themselves in addition to the views of representative organisations, non-governmental organisations, services providers and other interested parties.

To this end, a wide ranging public consultation process between Government and older people in Ireland was concluded in November 2010. This process comprised a public call for written submissions, of which 190 were received; a series of public regional consultation meetings, which were attended by over 1,100 older people, representative organisations and service providers; and face to face meetings between Government officials and groups representing vulnerable and marginalised older people. The report of the consultations was published on 22 November 2010, and is available on this Department's website on the following link, www.dohc.ie/issues/national-positive-ageing/.

Work on developing the Strategy is on-going and taking place within the constraints posed by the present fiscal situation. It is a priority for this Government and it is our intention to complete and publish the Strategy as soon as possible within the above constraints.

Medical Cards

John O'Mahony

Question:

569 Deputy John O’Mahony asked the Minister for Health when a person (details supplied) will receive a decision on their medical card application; and if he will make a statement on the matter. [12661/12]

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

Data Protection

Simon Harris

Question:

570 Deputy Simon Harris asked the Minister for Health the contact his office has had with the Health Service Executive and the Data Protection Commissioner regarding the retention and storage of Guthrie cards; and if he will make a statement on the matter. [12672/12]

Simon Harris

Question:

571 Deputy Simon Harris asked the Minister for Health if he will explore ways of overcoming any data protection issues in relation to existing Guthrie cards in order that the valuable medical and genetic data on these cards can be retained with the consent of the appropriate persons; if he will consider examining governance structure which could be put in place to make this possible; and if he will make a statement on the matter. [12673/12]

Simon Harris

Question:

572 Deputy Simon Harris asked the Minister for Health if he will discuss with his counterparts in Australia, New Zealand and the state of California ways of putting governance structures in place to ensure the retention of existing Guthrie cards which contain important genetic and medical data for many families; and if he will make a statement on the matter. [12674/12]

I propose to take Questions Nos. 570 to 572, inclusive, together.

Following receipt of a complaint regarding the retention of Newborn Screening Cards (NSCs) to the Data Protection Commissioner, the Commissioner decreed that NSCs should not be retained indefinitely as this constituted a breach of the Data Protection Acts 1998 and 2003. Subsequently, a number of meetings were held with the Deputy Data Protection Commissioner and representatives of the Department of Health, Health Service Executive and relevant hospital personnel. A policy was agreed in conjunction with the Data Protection Commissioner to address both the legislative and ethical requirements of the National Newborn Screening Programme, which included disposal of archived NSC's older than ten years.

As I was aware of the concern regarding the proposed destruction of archived Newborn Screening Cards, soon after I was appointed Minister I requested the HSE to conduct a review of this decision. The review examined both the legal and ethical basis for retention of NSCs and the potential use of the existing cards for research purposes. It is my understanding that the review group examined the governance arrangements for the retention and use of NSCs in a variety of jurisdictions including New Zealand, Australia and the U.S.A. As the Deputy may be aware, legal uncertainties over access to and use of NSCs has led to the destruction of cards in Western Australia, Texas and The Netherlands.

The report and recommendations of the review group were submitted to my office in January 2012. Having carefully considered the issue, I have accepted the recommendation of the review group that in order to meet our legal and ethical responsibilities, newborn screening cards over ten years old will be destroyed. However, I fully recognise the value of this material for research purposes, which was why the review group was tasked with exploring ways which the material could be made available to the research community in a way which were compatible with our ethical and legal obligations. The international consensus clearly favours seeking explicit consent from an individual and/or their parent/guardian for use of their previously collected biological material for research purposes.

Therefore, in the interests of facilitating research, the HSE will mount an information campaign offering members of the public the opportunity to have their screening card returned to them, prior to any destruction of the cards taking place. This will ensure that anyone who wishes to donate their or their child's NSC to research will be afforded the opportunity to do so. The proposed course of action seeks to ensure public trust and a continued willingness to participate in the National Newborn Screening Programme which is a vital public health measure for children and their families.

Departmental Funding

Paschal Donohoe

Question:

573 Deputy Paschal Donohoe asked the Minister for Health when funding will be transferred to an organisation (details supplied); and if he will make a statement on the matter. [12679/12]

Funding will be paid to the organisation referred to by the Deputy when the accountability arrangements for 2012 have been finalised with the Channel of Funding concerned.

Medical Cards

Bernard J. Durkan

Question:

574 Deputy Bernard J. Durkan asked the Minister for Health the grounds on which a medical card was refused in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [12683/12]

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

Hospital Acquired Infections

Ciara Conway

Question:

575 Deputy Ciara Conway asked the Minister for Health if he has plans to put on a statutory footing the 1995 guidelines for the control of MRSA published by his Department; when this will happen; the reason for the delay in implementing these guidelines; and if he will make a statement on the matter. [12685/12]

The prevention and control of MRSA is a global challenge and important in the control of healthcare associated infections. In 1995 the Department of Health published Guidelines for the control of methicillin resistant Staphylococcus aureus (MRSA) in acute hospital wards, including specialist units.

However, in the period following publication of the guidelines many significant new challenges, including the increasing rate of resistance to antibiotics, arose. In 2005, the Infection Control Committee of the Strategy for the Control of Antimicrobial Resistance in Ireland (SARI) reviewed the literature on MRSA and revised the 1995 Irish guidelines. The Subcommittee utilised guidelines produced in other countries, including the United Kingdom, the United States of America, New Zealand and the Netherlands.

Implementation of guidelines is now within the context of the National Standards for the Prevention and Control of Healthcare Associated Infections, which were published by the Health Information and Quality Authority in 2009. These standards were designed to promote an environment that maximises safety, quality and accountability in health and social care services and to drive a culture of responsibility and accountability among all staff involved in the management and delivery of health and social care services. These National Standards are the key component in maximising patient safety and improving the quality of health and social care in Ireland.

The HSE/Royal College of Physicians in Ireland (RCPI) Clinical Advisory Group on HCAIs has submitted the latest guidelines on the Control and Prevention of MRSA to the National Clinical Effectiveness Committee (NCEC) for consideration to become part of the national suite of clinical guidelines. The NCEC has received 16 submissions and is currently undertaking a prioritisation exercise to identify which submissions will proceed to the next stage of the process.

I am satisfied that appropriate steps are being taken by the HSE to address the issue of HCAIs, including MRSA, and to treat them promptly when they occur. The HSE's performance indicators at national level continue to demonstrate encouraging improvements in the area of infection prevention and control with the reported incidence of MRSA dropping by 43% in the number of MRSA cases reported between 2007 and 2010.

Ciara Conway

Question:

576 Deputy Ciara Conway asked the Minister for Health when the next hospital hygiene audit is due to be published; if representatives from patient groups will be allowed to accompany auditors during this process; and if he will make a statement on the matter. [12686/12]

The control of Healthcare Associated Infections (HCAIs) continues to be a policy priority for the Department of Health and the Health Service Executive (HSE). Maintaining hospital hygiene practice is an essential component of the drive to reduce HCAIs.

Under Section 8 of the Health Act 2007, the Health Information and Quality Authority (HIQA) has statutory power to set standards on safety and quality in relation to services provided by the HSE and service providers in accordance with specified Acts. The Authority is also charged with monitoring compliance with such standards. However, it is a matter for the Authority to determine how it can most effectively deliver on its responsibilities having regard to competing priorities and available resources.

HIQA's National Infection Prevention and Control Standards were published in May 2009. The Authority carried out a national hygiene audit in late 2009 and undertook hygiene audits of hospitals during 2010. It is the intention of the Authority to undertake a number of unannounced inspections this year to monitor compliance with the National Standards. Furthermore, when the National Standards for Better Safer Healthcare are mandated, the Authority also intends to assess the management of HCAIs as part of the monitoring of these Standards. Previously, the Authority has included laypersons on a number of inspection teams and as part of every investigation team. The Authority is favourably disposed to having lay people joining its inspection teams and is looking at the feasibility of enabling this.

It should also be noted that the HSE undertook two self-assessment units in acute facilities against HIQA's national standards in 2009 and 2011. The results of these assessments showed a significant improvement in the national score. The Internal Audit Service of the HSE has also undertaken a review in a small number of facilities of some of the standards.

Nursing Homes Support Scheme

Seamus Kirk

Question:

577 Deputy Seamus Kirk asked the Minister for Health the amount paid out on the fair deal scheme for 2010 and 2011; the number of successful applicants that qualified for the fair deal scheme in 2010 and 2011; the average cost per qualified applicant for 2010 and 2011; and if he will make a statement on the matter. [12698/12]

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

Hospital Services

Gerry Adams

Question:

578 Deputy Gerry Adams asked the Minister for Health the average waiting time for patients on trolleys in accident and emergency in Beaumont Hospital, Dublin, before admission to a bed in the hospital in each month since September 2011. [12700/12]

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

Gerald Nash

Question:

579 Deputy Gerald Nash asked the Minister for Health the reasons for the delay in commissioning diabetes pumps at Our Lady of Lourdes Hospital, Drogheda, County Louth; when the pumps and the necessary staff will be deployed to operate the service required by children with diabetes; and if he will make a statement on the matter. [12707/12]

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

Vaccination Programme

John Halligan

Question:

580 Deputy John Halligan asked the Minister for Health if he has been notified of any side effects resulting from a swine flu vaccine (details supplied); if so, the number of cases there are thought to be in the country; and the steps, if any, that have been taken to date to investigate this matter. [12710/12]

Any possible adverse reaction to a medication should be reported to the Irish Medicines Board. To date, the IMB has received 33 reports relating to the vaccine which the Deputy is referring to which included reactions affecting the eyes or vision. These were mainly transient reactions such as swelling of the eye and blurred vision.

During the 2009/10 H1N1 Pandemic, the European Medicines Agency specifically reviewed reports of eye related disorders and concluded that there was no evidence of any direct adverse effect on the eyes or vision in relation to the H1N1 vaccines. If the Deputy's constituent is still concerned then they should seek the advice of their General Practitioner who may liaise further with the Irish Medicines Board, if necessary.

Freedom of Information

Gerry Adams

Question:

581 Deputy Gerry Adams asked the Minister for Health if he will provide a breakdown of the total fees received in his Department for freedom of information requests and the number of individual requests in each of the years 2002 to 2011, inclusive. [12728/12]

Gerry Adams

Question:

582 Deputy Gerry Adams asked the Minister for Health if he will provide a breakdown of the number of freedom of information requests submitted in the years 2002 to 2011, inclusive, to his Department; the total amount of fees charged and fees received in each year; the number and amount of initial search fees paid and the number and amount of search and retrieval fees paid. [12744/12]

I propose to take Questions Nos. 581 and 582 together.

A table is attached detailing the number of Freedom of Information requests received for each year between 2002 and 2011, the amount of "up-front" fees received and the amount of search and retrieval fees received. Over the time period involved the Department would not have details of search and retrieval fees charged but not paid.

The Deputy might note that the high volume of FOI requests received between 2002 and 2005 reflected requests received by the Department in relation to children who were in institutional care. A significant number of these requests were dealt with outside the Freedom of Information Act through the Access to Institutional and Related Records project that was undertaken between 2004 and 2006.

Another point that is worth noting is that while numbers appear to have reduced over recent years a practice has evolved whereby multiple requests for records are now included in one submission thus only paying one up-front fee and being treated under FOI legislation as a single request.

Year

FOI Requests

Up-front

Search and Retrieval

Received

Fees

Fees

2002

997

€335

2003

834

€2,240

2004

446

€1,720

€887

2005

392

€2,145

€1,120

2006

217

€1,245

€847

2007

147

€1,325

€1,171

2008

227

€1,875

€1,097

2009

199

€2,260

€1,662

2010

176

€2,065

€259

2011

150

€1,885

€3,051

Totals

3,785

€14,520

€12,668

Hospital Services

James Bannon

Question:

583 Deputy James Bannon asked the Minister for Health the position regarding an appointment for an operation in respect of a person (details supplied) in County Longford; and if he will make a statement on the matter. [12777/12]

I am determined to address the issues which cause unacceptable delays in patients receiving treatment in our hospitals. In this regard I have established the Special Delivery Unit (SDU), which will work to unblock access to acute services by dramatically improving the flow of patients through the system, and by streamlining waiting lists, including referrals from GPs. The SDU is working closely with its partner agencies — mainly the HSE and the NTPF.

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

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

Medical Cards

James Bannon

Question:

584 Deputy James Bannon asked the Minister for Health the position regarding an application for a medical card in respect of a person (details supplied) in County Westmeath which was applied for in 2008; and if he will make a statement on the matter. [12781/12]

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

Animal Welfare

Maureen O'Sullivan

Question:

585 Deputy Maureen O’Sullivan asked the Minister for Health if, regarding the EU directive on the protection of animals, he has identified the body to evaluate animal research proposals and the steps he is taking to ensure that this body is independent. [12789/12]

Directive (2010/63/EU) on the protection of animals used for scientific purposes will strengthen the protection of animals still needed for research and safety testing. The Directive places an obligation on Member States to designate one or more competent authorities responsible for its implementation including the evaluation of projects. It also provides that the project evaluation process must be transparent and the competent authority carrying out the project evaluations must consider, inter alia, reduction, replacement and refinement matters as well as animal husbandry and care considerations. Proposals relating to the designation of competent authority functions are currently being considered by my Department to ensure that the Directive will be fully implemented. Any such Authority will be independent as regards performance of the tasks.

Medical Cards

Jack Wall

Question:

586 Deputy Jack Wall asked the Minister for Health the position regarding medical cards in respect of persons (details supplied); and if he will make a statement on the matter. [12796/12]

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

Mental Health Services

Dan Neville

Question:

587 Deputy Dan Neville asked the Minister for Health the position regarding the See Change campaign; the State investment to date in the campaign; and the evaluation of the progress of the initiative to date. [12798/12]

See Change — the National Stigma Reduction Campaign, which was launched in 2010, is working to change attitudes about mental health, create a greater understanding and acceptance of people with mental health problems and end stigma. The reduction of stigma requires a targeted, multifaceted, community-led approach. The campaign's activities and messages are tailored to specific audiences, identified through baseline attitudinal research as being key audiences for stigma reduction. A network of over 50 national and local organisations across the country are working in partnership with See Change and are carrying the anti-stigma message through local broadcasts, local print media and a range of other activities.

Details of State funding provided to date are set out:

Year

Organisation

2009

Department of Health National Lottery Funding

75,000

2010

Department of Health National Lottery Funding

85,000

2010

National Office for Suicide Prevention

22,750

2011

Department of Health National Lottery Funding

145,000

The See Change Campaign is committed to transparent and public evaluation every two years and in that regard the overall evaluation of the campaign will take place later this year.

Medical Cards

John McGuinness

Question:

588 Deputy John McGuinness asked the Minister for Health if a medical card will be issued to a person (details supplied) in County Kilkenny; and if he will expedite a positive response. [12831/12]

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

EU Directives

Seán Kyne

Question:

589 Deputy Seán Kyne asked the Minister for Health if he will consider, within the context of the transposition of EU Directive 2010/63/EU, introducing an obligation to use the new non-animal alternatives (details supplied) for the testing of chemicals, for which the EU granted approval last month. [12834/12]

Directive (2010/63/EU) on the protection of animals used for scientific purposes will strengthen the protection of animals still needed for research and safety testing. The Directive will also play a significant role in minimising the number of animals used and require alternatives to be used where possible, whilst ensuring a level playing field for EU industry and enhancing the quality of research conducted in the EU. The "Three Rs" principle of replacing, reducing, and refining animal testing is firmly anchored in the new legislation and this is something that I strongly support.

I am pleased to be able to inform the Deputy that the IMB has advised the Department that a new non-animal cell-based test method has been approved for the testing of Botox. The test replaces the animal-based LD50 assay for testing of botulinum neurotoxins, an assay method which has been the standard up to now. They further advise that the new test has been validated for use to determine the potency of product for release onto the market and in stability studies and it will result in a significant reduction in the use of animals in testing of Botox. The change in test methods is in line with the overall ‘3Rs' principles of replacement, refinement and reduction in the use of animals in research testing which is enshrined in the Directive.

Public Service Agreements

Liam Twomey

Question:

590 Deputy Liam Twomey asked the Minister for Health the position regarding the implementation of the Croke Park agreement as it pertains to the health services; the way this will impact on health service delivery after 29 February 2012; and if he will make a statement on the matter. [11206/12]

The Public Service Agreement (PSA) is an essential enabler for the health sector to allow it to respond to the healthcare needs of the population in an appropriate and sustainable manner, against a backdrop of very significant reductions in both financial and staff resources. Particular reforms to date include:

the agreements to provide for an extended working day for medical laboratory and radiographer staff;

significant redeployment within the health sector; and

the first major cross-sectoral redeployment of over 1,000 Community Welfare Staff from the HSE to the Department of Social Protection.

Detailed progress reports on implementation of the Agreement in the Health Sector are available at www.implementationbody.ie.

I want to acknowledge and welcome the improvements in productivity that are being delivered by staff at local level through the Public Service Agreement in relation, for example, to staff redeployment, streamlining of management structures including clinical management roles, changes in skill mix and more cost effective rosters.

With regard to the delivery of services after 29th February, 2012, I am satisfied that suitable arrangements are in place at national, regional and service specific levels to proactively manage the impact of staff exits on front line services. The focus is on protecting and maintaining critical front line services such as Emergency Department, maternity, critical care and neonatal services. I believe there is a particular onus on all of us working in the health services to be as innovative and flexible as possible in order to mitigate the impact on services of reduced budgets and staffing.

The health sector's revised action plan for implementation of the Agreement in 2012 has recently been submitted to the Implementation Body and is currently under consideration by that Body. The is plan is particularly focused on meeting the commitments in the HSE National Service Plan 2012 and facilitating the implementation of the Government's reform plans for the health sector. It takes account of the impact of the "grace period" retirements and requires an acceleration of changes to ensure that all essential services are protected.

Appointments to State Boards

Gerry Adams

Question:

591 Deputy Gerry Adams asked the Minister for Health if the chief executive officer of Rehab (details supplied) is a member of any State board; and the remuneration, expenses or other payments they receive for such membership. [13246/12]

The Chief Executive of Rehab is on the Board of the Health Information and Quality Authority. The annual remuneration for an Ordinary member of the Board is €11,970. It is open to this person to claim expenses, however no expenses have been claimed by this Board member.

National Roads Authority

Dan Neville

Question:

592 Deputy Dan Neville asked the Minister for Transport, Tourism and Sport the budget allocation to the National Roads Authority for 2012. [12300/12]

My Department's funding allocation to the NRA for 2012 is €734.611 million, including €605 million for capital projects and €42.26 million for maintenance of national roads. The balance relates to contract payments to PPP companies and the cost of running the Authority.

Road Network

Dara Calleary

Question:

593 Deputy Dara Calleary asked the Minister for Transport, Tourism and Sport if lands that were subject to a compulsory purchase order on a road scheme (details supplied) in County Mayo will be made available again to the landowners, as a result of the fact that the original proposed route of the scheme has been turned down by An Bord Pleanála; if these landowners will be notified of changes to the proposed new route; and if he will make a statement on the matter. [12306/12]

As Minister for Transport, I have responsibility for overall policy and funding in relation to the national roads programme. The planning, design and maintenance of individual national primary and secondary roads are matters for the National Roads Authority (NRA) under the Roads Acts 1993 to 2007 in conjunction with the local authorities concerned. Noting this, I have referred the Deputy's question to the NRA for direct reply. Please advise my private office if you do not receive a reply within 10 working days.

Sale of State Assets

Timmy Dooley

Question:

594 Deputy Timmy Dooley asked the Minister for Transport, Tourism and Sport if in the report of the review group on State assets and liabilities, recommendation 40, the McCarthy group recommended the disposal of CIE Tours International; the reason he has not followed these recommendations; and if he will make a statement on the matter. [12389/12]

Timmy Dooley

Question:

595 Deputy Timmy Dooley asked the Minister for Transport, Tourism and Sport if in the report of the review group on State assets and liabilities, recommendation 40, the McCarthy group recommended the disposal of Expressway and other bus businesses competing directly with private operators; the reason that he has not followed these recommendations; and if he will make a statement on the matter. [12390/12]

Timmy Dooley

Question:

597 Deputy Timmy Dooley asked the Minister for Transport, Tourism and Sport if his attention has been drawn to the fact that the State owned coach touring company CIE Tours International is registered outside the State and does not publish annual accounts; if he will agree to publishing accounts for CIE Tours International; his views on the company’s future in view of the fact that it was earmarked for sale in the most recent report of the review group on State assets and liabilities; and if he will make a statement on the matter. [12393/12]

I propose to take Questions Nos. 594, 595 and 597 together.

The Government has agreed the shape and scale of the asset disposal programme to be pursued as a commitment under the EU/IMF Programme, and as provided for in the Programme for Government. CIÉ and its three operating subsidiary companies are important State assets. However, it must be recognised that they are unique semi-state companies, in that they are in receipt of significant amount of Exchequer funding from the National Transport Authority for the provision of non-commercial public service obligation services. Even after these payments for PSO services, they still recorded a loss of €53.6m in 2010. Furthermore, there is a significant pension deficit within the Group.

In this regard, I would concur with the Report of the Review Group on State Assets and Liabilities, which stated that "having regard to the unavoidable losses inherent in maintaining a nationwide railway and uneconomic urban and rural bus services, disposal or part-disposal of the main CIE companies is not a realistic short-term option." Having considered the matter I do not consider the disposal of Expressway as a realistic short term option.

CIÉ Tours International, Inc. is a wholly owned subsidiary of Córas Iompair Éireann and is registered in the United States of America where most of their customers reside and its main offices are located. The main business of CIÉ Tours International, Inc. is to retail coach tour packages on behalf of CIÉ Tours. I have asked the Chair of CIE to examine the future role of CIE Tours within the CIE Group.

Following a request from me, I have received the financial statements for CIÉ Tours International, Inc. for the years ended March 31, 2011 and 2010. It is my intention, subject to legal considerations, to ensure a copy of the financial statements is laid before each House of the Oireachtas following submission to Government of the 2011 CIÉ accounts.

Tourism Revenue

Timmy Dooley

Question:

596 Deputy Timmy Dooley asked the Minister for Transport, Tourism and Sport his views on the fact that the State-owned coach touring company CIE Tours International often hires coaches from outside this jurisdiction for tours inside this jurisdiction and thereby deprives this Exchequer of much needed tax revenue; and if he will make a statement on the matter. [12391/12]

The issue raised is a matter for CIE. 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.

Question No. 597 answered with Question No. 594.

Traffic Management

Timmy Dooley

Question:

598 Deputy Timmy Dooley asked the Minister for Transport, Tourism and Sport his views on the chronic lack of parking spaces in Dublin city for coaches and the fact that Dublin Bus takes up many parking spaces along the city’s streets despite having several depots nearby; the number of kerbside parking spaces allocated to Dublin Bus in Dublin city; the number allocated to Bus Éireann and the number allocated to private bus companies; and if he will make a statement on the matter. [12397/12]

The Road Traffic Act 1994, and the Regulations made under it, considerably extended the role and discretion of the local authorities in relation to the management of traffic. The Act assigned full responsibility to local authorities, subject only to consultation with the Garda Síochána and/or the National Roads Authority (in relation to national roads), for the implementation of a broad range of traffic management measures, including the provision of parking spaces for coaches and buses. The designation of such spaces in Dublin City therefore, is entirely the responsibility of Dublin City Council and I do not have any role in the matter.

Public Transport

Timmy Dooley

Question:

599 Deputy Timmy Dooley asked the Minister for Transport, Tourism and Sport, in view of the fact that in December 2011 and January 2012, Dublin Bus tendered on etenders for 150 new double deck buses and ten new single deck buses representing an investment of about €150 million, if he will confirm the source of the funding; and if he will make a statement on the matter. [12399/12]

As Minister for Transport, Tourism and Sport I have responsibility for policy and overall funding in relation to public transport. Following the establishment of the National Transport Authority (NTA) in December 2009, the provision of public transport infrastructure in the Greater Dublin Area (GDA), such as the renewal of the bus fleet, comes under the remit of the NTA.

Funding for public transport infrastructure in the GDA is provided to the NTA from the Exchequer for allocation to projects and programmes. I understand that for 2012 in the GDA, work will progress on completing or further developing existing projects such as bus refurbishment and replacement. However in light of the NTA's responsibility in the matter, I have referred the Deputy's question to the Authority for direct reply in relation to the specific queries raised. Please advise my private office if you do not receive a reply within 10 working days.

Kevin Humphreys

Question:

600 Deputy Kevin Humphreys asked the Minister for Transport, Tourism and Sport if he will ask Irish Rail to introduce a school child fare on DART services for school going children between the ages of 16 and 18, as is offered on Dublin Bus and Luas services; if he will ask for a similar scheme to be offered on the LEAP card for DART fares; and if he will make a statement on the matter. [12401/12]

The issue of fares on DART services is a matter for Iarnród Éireann in conjunction with the National Transport Authority. 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.

Freedom of Information

Gerry Adams

Question:

601 Deputy Gerry Adams asked the Minister for Transport, Tourism and Sport if he will provide a breakdown of the total fees received in his Department for freedom of information requests and the number of individual requests in each of the years 2002 to 2011, inclusive. [12733/12]

Gerry Adams

Question:

602 Deputy Gerry Adams asked the Minister for Transport, Tourism and Sport if he will provide a breakdown of the number of freedom of information requests submitted in the years 2002 to 2011, inclusive, to his Department; the total amount of fees charged and fees received in each year; the number and amount of initial search fees paid and the number and amount of search and retrieval fees paid. [12749/12]

I propose to take Questions Nos. 601 and 602 together.

The data available to me relates to the Department of Transport, from its formation in 2002, and the Department of Transport, Tourism and Sport, from its formation in 2011. The following table summarises the details that the Deputy seeks. However, the Department does not have available statistics of the number of requests received for search and retrieval, so only the monetary amount of fees received is given.

Year

Total Number of Requests Received

Total Amount of Application Fees Received €

Total Number of Internal Review Requests Received

Total Amount of Internal Review Fees received €

Total Amount of Search and Retrieval Fees Received €

2002

128

0

6

0

0

2003

156

255.00

16

124.14

49.70

2004

43

445.00

5

140.00

0.00

2005

78

995.00

1

687.30

150

2006

92

1,120.00

10

690.00

337.29

2007

91

870.00

12

675.00

671.60

2008

138

1,380.00

18

675.00

1,894.95

2009

117

1,410.00

6

225.00

606.13

2010

114

1,550.00

8

525.00

1,815.88

2011

86

1,085.00

5

150.00

869.34

Rural Transport Services

Tony McLoughlin

Question:

603 Deputy Tony McLoughlin asked the Minister for Transport, Tourism and Sport when he will be in a position to roll out the rural transport programme which will involve the registration of local hackney drivers who will service designated rural areas; where and when such applicants may apply; and if he will make a statement on the matter. [12775/12]

The local area hackney licence is one of a range of actions proposed in the Taxi Regulation Review Report, which was approved by Government and published in January. This proposal aims to facilitate low cost entry to the hackney market for transport provision in rural areas that, otherwise, would be unlikely to have such services. The local area hackney licence was proposed as a medium-term measure, one which requires further development this year with a view to implementation subsequent to 2012.

The National Transport Authority (NTA) has responsibility for the regulation of the taxi industry under the Taxi Regulation Act 2003 and is also the lead agency with responsibility for implementation of the recommendations of the Taxi Regulation Review Report. The NTA has commenced the scoping work required for the further development of the proposal for a local area hackney licence.

National Roads Authority

Paschal Donohoe

Question:

604 Deputy Paschal Donohoe asked the Minister for Transport, Tourism and Sport if his attention has been drawn to the total level of debt liabilities for the National Roads Authority; if he will detail the amount outstanding for each public private partnership project; and if he will make a statement on the matter. [12793/12]

As regards the contracts for the Public Private Partnership schemes, these are commercial agreements between the NRA and the PPP concessionaires concerned. The NRA has published information on its forward commitments in the Authority's 2010 Annual Accounts, copies of which have been laid before the Houses of the Oireachtas and hence are available from both the Dáil and Seanad libraries.

Road Safety

Dara Murphy

Question:

605 Deputy Dara Murphy asked the Minister for Transport, Tourism and Sport if there are proposals to allow a fast track for motor dealerships in the national car test; the procedures in place for completing an NCT for a motor dealership that does not insure the vehicle; and if he will make a statement on the matter. [12795/12]

Under the Road Safety Authority Act 2006 (Conferral of Functions) Order 2006 (S.I. No. 477 of 2006) the Road Safety Authority has responsibility for the delivery of the National Car Test. The RSA has overall responsbility for the operation, oversight, development, quality assurance and delivery of vehicle testing arrangements. The testing function is carried out by Applus, since January 2010, under a contractual arrangement with the RSA. I have requested the RSA to respond to the specific aspect of the Deputy's question. I would ask the Deputy to contact my office if a reply has not been received within ten working days.

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