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Dáil Éireann díospóireacht -
Thursday, 1 Apr 2004

Vol. 583 No. 2

Written Answers.

The following are questions tabled by Members for written response and the ministerial replies received from the Departments [unrevised].
Questions Nos. 1 to 10, inclusive, answered orally.

Salmon Management.

Trevor Sargent

Ceist:

11 Mr. Sargent asked the Minister for Communications, Marine and Natural Resources the proposed quota allocation for the commercial netting of wild salmon for this summer; and the other tagging and quota arrangements he intends to put in place. [10309/04]

I rely upon the advice of the National Salmon Commission and the regional fisheries boards' managers in determining the terms of the wild salmon and sea-trout tagging scheme, which inter alia sets out district quotas for the commercial catch.

Having recently completed its review of the effectiveness of the scheme for 2003, the National Salmon Commission has proposed, as part of its considered advice, that the total allowable commercial catch of salmon for the 2004 season should not exceed 161,951 fish. This represents an 11% reduction on the commercial catch in 2003.

I am advised that the Salmon Commission tendered its recommendation based on the advice of its own standing scientific committee and that the proposed total allowable commercial catch is consistent with its recommendation of last year that a three-year strategy should be put in place aimed at reaching the scientific advice on precautionary catch limits over the period 2003-2005.

The revised regulations also provide for the allocation of safety days for the snap net sector; the recording of additional information in the commercial logbooks in the case where fish are retained by the fisherman for domestic consumption; and the requirement for anglers to obtain proof of postage when returning tags and logbooks, which is included in an effort to improve the percentage of logbook returns by anglers.

On 5 March 2004, my Department published a draft of the wild salmon and sea trout tagging scheme regulations which incorporate the revised quotas and other proposed changes recommended by the National Salmon Commission and the regional fisheries boards' managers for the operation of the tagging scheme this year.

The draft regulations have been published in accordance with the requirements of the Fisheries Acts, which provide for a 30 day period during which interested parties have an opportunity to submit any objections they may have. This period expires on 4 April 2004. Following consideration of any objections received, I expect to make a final decision on the scheme as soon as possible after that date.

Decentralisation Programme.

Liz McManus

Ceist:

12 Ms McManus asked the Minister for Communications, Marine and Natural Resources the position in regard to the decentralisation proposals for his Department announced in the budget; the information available to him on the number of persons who have indicated a willingness to transfer to new locations; and if he will make a statement on the matter. [10217/04]

The Government announcement of 3 December 2003 in relation to decentralisation provides for the relocation of my Department's headquarters and 425 staff to Cavan. In addition, BIM and the Central Fisheries Board are to re-locate to Clonakilty and Carrick-on-Shannon, respectively.

It has subsequently been decided that approximately 90 departmental staff, encompassing the seafood and coastal zone policy, management, technical and regulatory functions, will also be located in Clonakilty.

A preliminary survey of staff preferences regarding decentralisation was conducted in December to establish the initial levels of interest across the Department in relocating to Cavan or to any of the new locations under the decentralisation programme. Under 7% expressed an interest in Cavan, while over 28% expressed an interest in other, unspecified locations. Already at this early stage over one third of my staff have expressed an interest in decentralising.

This was very much an initial information gathering exercise. It was stressed to staff that this was a preliminary non-binding survey. It is envisaged that expressions of preference will shortly be sought centrally from staff across all Departments following approval by Government of the implementation plan prepared by the Flynn committee.

No survey has been undertaken to date in relation to Clonakilty.

There have been a number of initial inquiries in this regard from staff in the Department, while a number of staff in other Departments have expressed an interest in decentralising to either Cavan or Clonakilty.

ESB ESOP.

Dan Boyle

Ceist:

13 Mr. Boyle asked the Minister for Communications, Marine and Natural Resources if the Government intends to provide for a worker shareholding in the ESB; if workers in all the divisions of the company will be able to avail of such an ESOP; and the likely stake that would be offered. [10302/04]

The Government has already provided for an employee shareholding in ESB. A 5% employee share ownership plan, ESOP, was a feature of the cost and competitiveness review, the CCR, agreed between the Government and ESB management and ESB group of unions in 1996. The legislative delay in converting ESB to a public limited company with a share structure hampered the delivery of this commitment.

In 2001, an Electricity Act was passed which allowed ESB create capital stock for ESOP purposes thus enabling the 5% ESOP to be rolled out. Eligibility for participation in the ESOP is established in accordance with the terms of the ESB ESOP trust deeds, the terms of which meet the requirements of the Taxes Consolidation Act 1997.

More recently, the ESB group of unions has indicated an interest in increasing the existing employee shareholding. At the request of the group of unions, bilateral discussions with my Department were held on 30 January and 3 March of this year. During these discussions my Department has clearly reiterated the current Government policy on employee share option plans. My Department remains available at all times to continue these discussions.

Electronic Communications Infrastructure.

Michael D. Higgins

Ceist:

14 Mr. M. Higgins asked the Minister for Communications, Marine and Natural Resources the steps that he intends to take to ensure that Ireland’s telecommunications and broadband structures are brought up to date, particularly having regard to reports of serious problems and under-investment in the Eircom network; and if he will make a statement on the matter. [10213/04]

John Deasy

Ceist:

23 Mr. Deasy asked the Minister for Communications, Marine and Natural Resources if he will be launching a national broadband strategy as a follow-up to his broadband action plan of December 2003; and if so, when. [10185/04]

Denis Naughten

Ceist:

31 Mr. Naughten asked the Minister for Communications, Marine and Natural Resources the plans he has to address the infrastructural shortfall in the last mile of our telecommunications network; and if he will make a statement on the matter. [10181/04]

Simon Coveney

Ceist:

38 Mr. Coveney asked the Minister for Communications, Marine and Natural Resources if he will mandate local and regional authorities to include a telecommunications and broadband section in all new development plans to be approved in the future. [10186/04]

I propose to take Questions Nos. 14, 23, 31 and 38 together.

The provision of and investment in telecommunications services, including broadband, is a matter in the first instance for the private sector companies operating in a fully liberalised marketplace, regulated by the Commission for Communications Regulation, ComReg. Eircom operates in this regulatory environment. However, recognising that the market has been slow to respond to demand for broadband, an indicative €200 million in Government and ERDF funding was set aside under the NDP 2000-2006 for regional broadband investment.

Since 1999 my Department has invested almost €170 million in regional broadband projects, in partnership with private sector companies, including Eircom. Currently my Department is grant aiding the construction of 19 fibre optic metropolitan area networks, in conjunction with local authorities, in key regional towns and cities. This investment of €65 million will enable the delivery of competitive, open access, broadband services in these towns. On 12 December last I announced a broadband action plan. This plan aims to roll out open access broadband infrastructure to over 90 towns with a population of over 1,500.

In addition, a group broadband scheme will enable smaller communities to pool their broadband demand and secure high-speed connectivity from a range of service providers. This group scheme will be supported by grant-aid of up to 50% from the Government. Furthermore, I have secured a commitment of €35 million each year from now until 2007 for the broadband action plan.

While the inclusion of telecommunications in local and regional authorities' development plans is a matter for my colleague, the Minister for the Environment, Heritage and Local Government, our Departments are in consultation on the matter.

Recent figures released by ComReg show the dramatic increase in the take-up of broadband in Ireland in the past year. Ireland can also boast increased Internet penetration levels, with over 60,000 customers accessing the Internet though flat rate packages offered by Internet service providers.

There are now about 40,000 DSL subscribers nationally, compared with 1,000 in March 2003, and the number is increasing every month. Ireland also has, at 30%, one of the highest digital TV penetration rates in Europe.

Fishing Industry Development.

Jim O'Keeffe

Ceist:

15 Mr. J. O’Keeffe asked the Minister for Communications, Marine and Natural Resources if his attention has been drawn to the difficulties created by him for fishermen in the pelagic fleet because of the restriction imposed by him on landings of fish between midnight and 8 a.m.; and if he accepts that this causes problems for those dealing with perishable product and that it also has negative implications for the fish processing industry. [10179/04]

The new landing times for pelagic fish have been imposed because of more stringent monitoring controls and weighing procedures recently introduced by the European Commission in relation to the mackerel, horse mackerel and north west herring fisheries. These new rules are designed to facilitate effective control of pelagic fisheries. Such control is a key element in fisheries management policy and enables the sustainable management and development of the fisheries concerned. This is an entirely valid policy objective, and I fully support it.

In implementing the new EU procedures my Department has acceded to industry requests to allow landings at a variety of ports. The immediate impact of that decision was that some restrictions had to be placed on permitted landing times. While 24-hour coverage would be an ideal situation, there are certain organisational and resource realities and the current rate of coverage is a reasonable response. Current arrangements involve a maximum waiting period in Irish ports of up to eight hours during a weekday and up to 14 hours during a weekend.

These waiting times are in fact substantially less than the time that is often spent by some of these vessels sailing to alternative landing ports outside Ireland. This clearly indicates that even though the product is perishable the current limited waiting times in Irish ports are not a material consideration in the maintenance of catch quality.

My Department officials and I continue to work closely with the industry in the implementation of these new requirements. This dialogue will continue and I am confident that practical problems can be resolved. In this context I am not ruling out a possible extension to the existing permitted hours of landing provided that a clear justification exists and that sufficient resources are available to support any such changes.

Energy Resources.

Joe Sherlock

Ceist:

16 Mr. Sherlock asked the Minister for Communications, Marine and Natural Resources the information available to his Department regarding the proposed development of the Corrib gas field; and if he will make a statement on the matter. [10231/04]

At the outset I would inform the Deputy that all relevant approvals from my Department have issued in respect of the proposed development of the Corrib gas field since 2002.

These approvals/consents include: a plan of development approval dated 15 April 2002 under the Petroleum and Other Minerals Development Act 1960; consent to construct a pipeline dated 15 April 2002 under the Gas Act 1976 as amended; consent under section 5 of the Continental Shelf Act 1968, as amended, dated 15 April 2002; and Foreshore Licence approval 17 May 2002 under the Foreshore Act 1933, as amended. The proposed project is awaiting planning permission for a gas terminal at Bellanaboy, County Mayo.

In 2003 the developers were refused planning permission from An Bord Pleanála for a gas terminal. This refusal was on the following basis: contours of the area of the repositories; the amount and pattern of rainfall in the area; the characteristics of the disaggregated peat; the method proposed for the moving of material to and within the repositories; and the details of the system for the retention of the deposited materials.

Having regard to the foregoing, the board considered that the proposed surface drainage system would be ineffective in ensuring the integrity of the peat repositories as permanent structures for the retention of peat and other unsuitable materials proposed. The developers of the Corrib gas field submitted a new application to Mayo County Council on 17 December 2003. The major change in the new application related to the proposals for the removal of the peat surrounding the terminal to a Bord na Móna bog at Srahmore 11 kilometres away. On 17 February 2004 Mayo County Council requested further information from the developers. I understand from the developers that the additional information sought by Mayo County Council was furnished to it on 11 March 2004.

As of now the developers are awaiting a determination from Mayo County Council on their application under the Planning and Development Act 2000. Achieving first gas, originally scheduled for 2005, is now dependant on the outcome of this determination.

Fishing Industry Development.

Paul Nicholas Gogarty

Ceist:

17 Mr. Gogarty asked the Minister for Communications, Marine and Natural Resources if he intends to undertake a similar study to that recently undertaken by the British Prime Minister’s strategy unit into the future of the UK fishing industry; if he can confirm whether the UK Government has made any contact with his own Department with regard to its report on the matter; and if its proposals to further restrict UK fishing activity, to try to reverse the decline in fish stocks, may lead to pressure on the Government to adopt similar policies in our shared sea areas. [10306/04]

In line with the programme for Government I am committed to setting out a long-term strategy for the sustainable development of the Irish fishing industry. A number of major policy developments are under way which, when completed, will substantially chart the way forward for the sector.

There is clearly an overriding EU dimension to fisheries policy and the development of national strategies in this area must have regard for the policy and strategies set out at EU level within the Common Fisheries Policy. Accordingly, the adoption of any new policies or proposals at national level, such as those advocated in the UK report, do not operate at a bilateral level between member states.

As part of a widespread consultation process undertaken by the report's authors, officials of my Department met representatives of the strategy unit last year. This meeting involved a general discussion on the key themes and challenges facing European fisheries. There has been no other specific contact or communication made by the UK authorities with my Department in relation to the contents of the report, either in the course of its preparation or since its publication last week.

The fisheries sector has been the subject of significant change in the past two years at both EU and national level. At national level a number of developments came together over the past year that has resulted in fundamental changes to sea fishing boat licensing. These involve the enactment of legislation to provide for the establishment of a legally independent licensing authority including an independent appeals system. I also introduced a new licensing policy, following intensive consultation with stakeholders, that ensures an open and transparent policy.

As a consequence of the CFP reform completed in December 2002, a number of major policy changes and developments are now being implemented in key areas. These include a longer-term, strategic approach to preservation of fish stocks, strengthened control and enforcement, modified structural aid, new fleet policy constraints and new provisions for stakeholder involvement in decision-making.

When fully in place, these radical changes will transform the policy underpinning the sector and will provide the necessary backdrop to the detailed process of framing a long-term perspective for ensuring a sustainable future for the Irish fishing industry.

Alternative Energy Projects.

John Gormley

Ceist:

18 Mr. Gormley asked the Minister for Communications, Marine and Natural Resources the powers of direction he has to direct ESB National Grid or the energy regulator with regard to moratoriums on connection agreements with wind farm operators; his views on whether the recent moratorium on new wind farm connections was necessary and proportional in relation to the issues raised by ESB National Grid; and the targets and obligations outlined in the EU renewables directive. [10308/04]

I have no statutory authority to direct ESB National Grid or the energy regulator with regard to the moratorium on new connection agreement offers. On 3 December last the Commission for Energy Regulation, CER, exercising its exclusive competence under section 34 of the Electricity Regulation Act 1999, decided as an interim measure that the electricity network operators ESB and ESB networks were not required to offer new binding connection offers for wind farms before the end of 2003. This date was subsequently extended to 31 March this year.

Yesterday, CER advised the wind steering group that it will make a substantive decision before the end of this month on proposals received recently from ESB National Grid regarding new wind connection offer policy. The system operators have agreed that no offer to a wind generator will issue until the CER decision is delivered.

The CER was acting in response to concern on the part of the grid operator about system stability and reliability. It is not my function to judge whether CER decisions are necessary or proportional. I am more concerned to see that the issues which gave rise to the moratorium are tackled by the parties directly concerned. It should be noted that there is no block on new connections where offers are already in place.

Broadcasting Legislation.

Breeda Moynihan-Cronin

Ceist:

19 Ms B. Moynihan-Cronin asked the Minister for Communications, Marine and Natural Resources the progress made with regard to the proposed charter for RTÉ being prepared by his Department; if proposals on the charter have yet been brought to Government; if the charter will have a statutory basis; and if he will make a statement on the matter. [10220/04]

As part of the package of measures agreed in December 2002 in the context of the decision to grant a significant increase in the television licence fee it was agreed that RTÉ would operate under a public service broadcasting charter, the purpose of which is to explain the obligations placed on RTÉ by national and EU legislation and to set out what RTÉ commits to in terms of provision of services and accountability. A draft public service broadcasting charter for RTÉ was prepared and circulated to all Ministers for comments.

Having considered the comments of other Ministers, I brought a draft charter to the attention of Government on 23 July 2003, prior to the launch of a public consultation process on the charter. My Department received a significant number of high quality submissions during the public consultation process. Copies of these submissions are available on my Department's website. Having considered these submissions the charter has now been almost finalised.

It is proposed that the final charter will be brought to the attention of Government for noting and then published. The report on the public consultation process will also be published on my Department's website.

In the context of forthcoming broadcasting legislation I am considering a provision that would require the existence of a charter. I want to be clear, however, that the charter does not impose new statutory obligations on RTÉ.

Telecommunications Services.

Thomas P. Broughan

Ceist:

20 Mr. Broughan asked the Minister for Communications, Marine and Natural Resources if ComReg will update the universal service obligation for telecommunications operators to include a consumers rights to a reasonable quality of functional Internet access in view of the fact that between 20% and 40% of households fail the quality test indicator for broadband; and if he will make a statement on the matter. [10199/04]

Regulation 3(2)(c) of the universal service regulations provides for the placing of obligations on designated undertakings to provide connections that shall be capable of allowing end-users make and receive data communications at data rates that are sufficient to permit functional Internet access. Implementation of the aforementioned regulations is a matter for ComReg.

ComReg is currently in discussions with Eircom, the designated universal service provider, about ensuring that the Eircom network is capable of delivering the universal service obligations in regard to functional Internet access.

Internet access at a broadband standard is not currently provided for under the USO. However, as broadband becomes more widely ubiquitous as a consumer technology, the appropriateness of including it within universal service obligations can be reviewed.

Broadcasting Legislation.

Ciarán Cuffe

Ceist:

21 Mr. Cuffe asked the Minister for Communications, Marine and Natural Resources the countries that were supportive of his initiative in the recent Council of Ministers meeting to allow national authorities to regulate the advertising that satellite broadcasters specifically insert into programming that is broadcast to that national country; the Commission’s position with regard to such a proposal; and the strategy he believes should now be adopted to ensure it is introduced. [10303/04]

Joe Sherlock

Ceist:

43 Mr. Sherlock asked the Minister for Communications, Marine and Natural Resources the position in regard to his discussions with the EU on proposals to regulate foreign television stations broadcasting into Ireland; when he expects that this matter will be concluded; the progress that was made on this issue at the EU Informal Broadcasting Council on 2 March 2004; and if he will make a statement on the matter. [10232/04]

I propose to take Questions Nos. 21 and 43 together.

The importance of broadcasting in maintaining cultural diversity in an enlarged Europe was among the topics that were considered at the recent informal meeting of EU broadcasting Ministers that I arranged as part of Ireland's Presidency of the EU.

One of the specific issues which Ministers discussed during the meeting was the regulation of broadcasting services which are specifically targeted at one member state but are actually subject to the national regulations of another member state. This is an issue which Ireland raised last July in its formal submission to the EU Commission as part of the Commission's review of the television without frontiers directive.

The meeting provided an opportunity for Ministers to have a political discussion on some important matters in an informal setting. In what was a very open, wide-ranging and provocative debate there was a marked divergence of views on the issue of jurisdictional competence. Some member states spoke forcefully against any change to the country of origin principle. Others argued strongly that broadcasting services that specifically target one member state but derive from a broadcaster in another member state should be subject to the regulation of the target country. There were other member states who indicated that while they had not adopted a position on the question that they were in favour of the matter being explored further as part of the Commission's review of the directive.

On the second day of the conference in Drogheda the Commission recognised that quite a few member states had serious concerns regarding the question of jurisdiction and stated that it would engage with member states on this topic in the context of the ongoing review process. Member states will have a further opportunity to discuss the question at the Education, Youth and Culture Council meeting scheduled for 27 and 28 May.

Fisheries Protection.

Emmet Stagg

Ceist:

22 Mr. Stagg asked the Minister for Communications, Marine and Natural Resources his views on the recommendations of the South Western Regional Fisheries Board following a report on the operational efficiency of different methods of draft net fishing in the Cork Harbour area in view of the outrage expressed by salmon, trout and course anglers at these recommendations; and if he will make a statement on the matter. [10200/04]

The report to which the Deputy is referring was published in December 2003 and was commissioned jointly by the Cork and District Draft Net Fishermen's Association and the South Western Regional Fisheries Board. The purpose of the report was to assess the effectiveness and efficiency of alternative methods of draft net fishing, and in particular the use of monofilament netting, for salmon in Cork Harbour.

I understand that the main findings indicated that in principle there was no appreciable difference in most situations in either catch efficiency, quality or in by-catch between the monofilament nets and the traditional nylonnets.

Following publication of the draft report, my colleague and Minister for State, Deputy Browne, asked the South Western Regional Fisheries Board to undertake a consultation process in order to obtain the views of all stakeholders, both locally and nationally, on the report's findings. I understand, however, that this process highlighted a wide divergence in the views expressed by anglers and commercial fishermen in the area and that no consensus could be reached in relation to the findings contained in the report. This is despite the fact that the Minister of State recently met both sides to allow them the opportunity to submit their views.

I am advised that the South Western Regional Fisheries Board has now recommended to the Minister of State that there be legislative change to allow the use of monofilament netting by the draftnet fishermen in the Cork Harbour area on a trial basis for three years subject to a number of strict conditions. Given the lack of agreement between the anglers and the commercial fishermen on this particular report, the Minister of State will now be required to consider their respective views in greater detail before making a decision on the board's proposal in time for the commencement of the commercial salmon fishing season in the Cork Harbour area.

Question No. 23 answered with QuestionNo. 14.

Telecommunications Service.

Michael D. Higgins

Ceist:

24 Mr. M. Higgins asked the Minister for Communications, Marine and Natural Resources the position with regard to the implementation of his policy direction on single billing; and if he will make a statement on the matter. [10212/04]

I recently issued policy directions to the Commission for Communications Regulation, one of which concerned the introduction by Wednesday, 31 March 2004 of a wholesale line rental product for voice and data services.

This policy direction recognises the importance of the single billing product to advancing competition. Single billing will allow operators other than Eircom to offer customers just one bill for both line rental and calls. Eircom has confirmed to ComReg that the wholesale-line rental product is available to interested operators by the 31 March deadline as required. I am also aware, both from operators and ComReg, that this wholesale product will now be fully tested by operators to their specific commercial requirements as a precursor to the roll-out of retail offerings.

I look forward to the contribution that wholesale line rental can bring to enhancing competition in the sector and ensuring that consumers get a competitive telecommunication service. ComReg will report to me monthly from June on the take up of this product and work with the industry to ensure its smooth introduction.

A review of the overall impact of the introduction of this commercial product on competition and line rental will be undertaken in September. If the progress envisaged is not evident at this time I will direct ComReg subject to the relevant requirements under European and national law to examine taking line rental out of the present price cap and examine setting a specific rental cap no greater than CPI or take whatever other appropriate steps are necessary to ensure its successful introduction.

EU Directives.

Pat Rabbitte

Ceist:

25 Mr. Rabbitte asked the Minister for Communications, Marine and Natural Resources the EU directives for which his Department is responsible which have yet to be implemented, particularly those with deadlines for implementation which have passed; if he will list any legal action initiated or threatened by the Commission for the non implementation of any directive; and if he will make a statement on the matter. [10227/04]

The following table sets out the position in relation to EU directives due to be transposed for which my Department is responsible. As the Deputy will note, there are currently no directives overdue for transposition.

Department of Communications, Marine and Natural Resources — Directives awaiting Transposition

Title of Directive

Deadline for Transposition

Expected date of transposition

Directive 2003/24/EC of the European Parliament and of the Council of 14/04/03 amending Council Directive 98/18/EC of safety rules and standards for Passenger Ships

17.11.04

November 2004

Directive 2003/25/EC of the European Parliament and of the Council of 14/04/03 on specific stability requirements for ro-ro passenger ships (Text with EEA relevance)

17.11.04

November 2004

Directive 2003/30/EC of the European Parliament and of the Council of 08/05/03 on the promotion of the use of biofuels or other renewable fuels for transport.

1.07.04 for report to Commission on indicative targets to be met by Dec 05 and Dec 2010 and 31.12.04 for any legislative measures.

01.07.04 — report to Commission and 31.12.04 — for any legislative measures.

Directive 2003/44/EC of the European Parliament and of the Council of 16 June 2003 amending Directive 94/25/EC on the approximation of the laws, regulations and administrative provisions of the Member States relating to recreational craft

30.06.04

June 2004

Directive 2003/54/EC of the European Parliament and of the Council of 26 July 2003 concerning common rules for the Internal Market in Electricity and repealing Directive 96/92/EC

30.06.04

June 2004

Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning common rules for the internal market in natural gas and repealing Directive 98/30/EC.

1. 01.07.04 (part)2. 01.07.04 (part)3. 01.07.05 (balance)

1. June 2004.2. June 2004.3. July 2005.

Oil Refinery Sale.

Seán Ryan

Ceist:

26 Mr. S. Ryan asked the Minister for Communications, Marine and Natural Resources the total amount paid to the Exchequer in respect of the sale of a refinery (details supplied) and the Bantry storage terminal; the amount of the balance that remains outstanding; when he expects that this will be paid; and if he has satisfied himself the rate of payments. [10229/04]

I refer the Deputy to Question No. 120 of 24 February 2004 which is identical. There has been no change in the position outlined in that reply.

Container Vessels.

Damien English

Ceist:

27 Mr. English asked the Minister for Communications, Marine and Natural Resources if his attention has been drawn to the danger to commercial and leisure vessels of containers adrift at sea, having fallen off container vessels; and if so, if it is an issue that he will be attempting to address. [10237/04]

Containers aboard sea-going vessels can be lost overboard for various reasons such as difficult weather conditions, collision of vessels, or sinking of vessels. I am aware that such containers, once lost and adrift at sea, represent a danger to commercial and leisure vessels and also that their contents may be harmful to the environment.

Shipmasters are obliged under the SOLAS Convention to report any direct danger to navigation in Ireland's search and rescue zone of responsibility to the Irish Coast Guard. This would include details of any container lost from their ships. On receipt of such a report the coast guard initiates the procedures of warning other ships in the vicinity, notifying relevant interested parties, such as local authorities where there is a possibility of pollution, and taking any safety and environmental protection measures as required. Decisions made about intervention to remove the danger posed by a container adrift, including searching, marking, recovery and destruction, would be agreed, where possible, with the ship owner.

Fishing Fleet Protection.

Liz McManus

Ceist:

28 Ms McManus asked the Minister for Communications, Marine and Natural Resources the response that he has received from his recent call to the EU Commission to examine closely the delivery of incentives to change fishing habits in order to protect stocks; and if he will make a statement on the matter. [10216/04]

The Deputy's question relates to comments made by me in my capacity as chairman at the ministerial and stakeholders conference on fast tracking the development of environmentally-friendly fishing methods which was held on 11 March 2004 under the Irish Presidency.

At the conference, Ministers each put forward a broad range of possible approaches to the development and integration of environmentally-friendly fishing methods in European fisheries management policy. All Ministers agreed that fishermen themselves were central to the successful delivery of environmentally-friendly fishing methods.

The EU Commissioner for Fisheries, Dr. Fischler, addressed this issue directly in his keynote address to the delegates. The comments to which the Deputy refers were, in fact, my positive reaction to the Commissioner's own suggestion that fishermen who adopt a more environmentally-friendly approach to fishing through the use of more selective technologies and methods should be recognised for their efforts. I also supported the Commissioner's suggestion that this could be done either through preferential grant aid under the framework of the fisheries structural funds or through the allocation of increased fishing opportunities.

The provision of incentives to encourage environmentally-friendly fishing methods is one of a number of key issues which arose at the conference and will be considered in detail by the Directors-General of European fisheries at planned informal meetings next week in Dublin and Dundalk. I have also agreed with Commissioner Fischler to have a formal communication presented by the Commission on the subject of the conference during the Irish Presidency of the EU. This formal Commission communication will then form the basis for the Council's work — planning the development of environmentally-friendly fishing methods within the CFP.

Breeda Moynihan-Cronin

Ceist:

29 Ms B. Moynihan-Cronin asked the Minister for Communications, Marine and Natural Resources the position in regard to the consideration by the European Commission to the joint application made with the UK for new measures to safeguard the salmon farming industry from recent surges of cheap imports of farmed salmon from non-EU countries; and if he will make a statement on the matter. [10221/04]

As previously outlined to the House, the joint Ireland-UK application for an investigation into the circumstances leading to the current situation on the EU salmon market, and the possibility of opening safeguard measures, is being dealt with by the European Commission's safeguards committee.

The application was initially presented to that committee on 12 February 2004 and the Commission expressed the view that the criteria for opening an investigation under the relevant EU Regulations, had been fulfilled. The Commission also sought, by 23 February 2004, the detailed views of other member states. The Commission initiated an investigation as requested by Ireland and the UK on 6 March 2004, which will determine whether the introduction of safeguard measures is justified. Once the investigation is complete, the Commission, following discussions at the safeguards committee, can decide to introduce safeguard measures on a provisional basis for a period of 200 days.

If the Commission decides to introduce longer term safeguard measures, any member state may refer the matter to the Council of Ministers. The Council acting by qualified majority may confirm, amend or revoke the Commission's decision.

Eircom Flotation.

Phil Hogan

Ceist:

30 Mr. Hogan asked the Minister for Communications, Marine and Natural Resources if he will make a statement on the recent decision of Eircom to float on the Dublin and London Stock Exchanges, with particular reference to the large gains that will accrue to senior executives and the losses incurred by ordinary members of the public who purchased shares in the company on the advice of the Government in 1999. [8002/04]

Eircom is a private company and the decision to float on the Stock Exchange and the management of that flotation is a matter for it alone. I have no function in the matter.

Question No. 31 answered with QuestionNo. 14.

Natural Gas Grid.

Eamon Ryan

Ceist:

32 Mr. Eamon Ryan asked the Minister for Communications, Marine and Natural Resources the person who will finance, own and operate the proposed Mayo gas pipeline extension to connect from the existing national grid to the proposed Bellanaboy gas terminal; and the number of years of current Irish natural gas usage which could be supplied by the projected recovery from the Shell-Enterprise energy, Corrib gas field. [10300/04]

The proposed Mayo gas pipeline extension to connect from the existing national grid to the proposed Bellanaboy gas terminal would be built, operated and owned by Bord Gáis Éireann under contract with the gas field developer. The finance for the project would be remunerated by the usage tariff to be levied on gas passing through the pipeline over the project lifetime. This pipeline would not be part of the regulated tariff base of Bord Gáis Éireann for the purposes of gas prices.

The 2003 gas capacity statement produced by CER shows the Corrib field contributing from 42% of peak demand from 2005-06. These estimates must of course be revised in the light of project timing and the increasing usage of natural gas in Ireland.

Broadcasting Legislation.

Ciarán Cuffe

Ceist:

33 Mr. Cuffe asked the Minister for Communications, Marine and Natural Resources if he is supportive of the proposals enclosed in the draft children’s advertising code that has been published by the Broadcasting Commission of Ireland; if his attention has been drawn to the fact that RTÉ’s submission to the commission on the code included a proposal to further strengthen its own voluntary code and allow for the actual restriction of the advertising of certain food products; and if he will make a statement on the matter. [10304/04]

Section 19(11) of the Broadcasting Act 2001, provides that the Broadcasting Commission of Ireland, which is a statutorily independent body, shall draw up new codes and rules relating to advertising likely to be of direct or indirect interest to children. In November 2002, I formally directed the Broadcasting Commission of Ireland to draw up new codes and rules relating to advertising and in accordance with section 19(2) of the 2001 Act I specified that priority be given to codes relating to advertising directed at children. The commission subsequently embarked on a public consultation process seeking the views of interested parties. With this phase of the process completed in July last year the commission moved to the next phase. It engaged in a process to raise public awareness of the development of the codes, gathered views on the content of the code using a second public consultation document. The commission consulted widely including consultation with children themselves. I understand that the commission intends to finalise and publish new codes by the middle of this year.

As I have no statutory function in relation to the content of the codes I do not intend to comment on individual submissions. It is open to any broadcaster or to the industry at large, to introduce additional voluntary measures over and above those that might be included in codes to be drawn up by the Broadcasting Commission of Ireland.

Jan O'Sullivan

Ceist:

34 Ms O’Sullivan asked the Minister for Communications, Marine and Natural Resources the progress made to date with regard to the specific steps he intends to take during the Irish Presidency to protect minors in the area of broadcasting in regard to his statement of 26 January 2004; and if he will make a statement on the matter. [10222/04]

I refer the Deputy to my reply to Question No. 169 of 24 February. Publication by the European Commission of its updated recommendation on the protection of minors is now expected in April.

Seán Ryan

Ceist:

35 Mr. S. Ryan asked the Minister for Communications, Marine and Natural Resources when he intends to bring proposals to Government to establish TG4 as an independent statutory entity; and if he will make a statement on the matter. [10230/04]

I refer the Deputy to my reply to Question No. 146 on Tuesday, 24 February 2004.

Broadband Project.

Eamon Gilmore

Ceist:

36 Mr. Gilmore asked the Minister for Communications, Marine and Natural Resources his views on the report on broadband produced by the Oireachtas Joint Committee on Communications, Marine and Natural Resources; if it is intended to implement the recommendations in the report; and if he will make a statement on the matter. [10211/04]

The report is a very useful contribution to broadband policy formulation and I welcome it. I am currently examining the detail of the report and its recommendations. I am pleased to note that many of the recommendations in the report are implicit in various facets of our broadband and information society policies.

Electricity Prices.

Joan Burton

Ceist:

37 Ms Burton asked the Minister for Communications, Marine and Natural Resources if any study has been carried out or is planned on the possible consequences for electricity prices of recent decisions in regard to the allocation of carbon dioxide allocations, particularly in view of fears expressed that it could lead to a significant increase in prices; and if he will make a statement on the matter. [10208/04]

Paul Nicholas Gogarty

Ceist:

50 Mr. Gogarty asked the Minister for Communications, Marine and Natural Resources the discussions he has had with the CER with regard to the windfall gains that electricity generators will receive following the introduction of emissions trading; and if he intends to introduce a system whereby such windfall gains would be recycled to reduce the cost to the consumer. [10305/04]

I propose to take Questions Nos. 37 and 50 together.

The Commission for Energy Regulation, CER, in its advisory statutory function, has advised me that under the EU emissions trading scheme, electricity generators are likely to benefit financially from windfall gains arising from the impact of the allocation of greenhouse gas allowances on the wholesale market price of electricity. In its opinion, in order to give the correct price signal to final customers, they should see in their retail price, the full costs of allowances, that is allowances which are freely allocated under the scheme together with those required to be purchased by generators.

Reflecting the true costs of conventional generation, including emissions costs in wholesale electricity prices, will introduce transparency into the process of correctly valuing renewable energy insofar as its environmental benefits are concerned. This will mean that generators using cleaner, less carbon intensive fuel will have a comparative advantage in the wholesale electricity market with higher relative increases, as is the intention of the scheme. If prices were to reflect only the cost of allowances which had to be purchased by existing generators, then it would be a disincentive to attract the required new generation capacity with serious implications for national security of supply.

The CER commissioned a study carried out by ILEX on the impact of the EU emissions trading scheme on the Irish electricity market. This study, which was published in December 2003, is available on the Commission's website at www.cer.ie. The study found that emissions trading may lead to a 12.8% increase in the wholesale price of electricity by 2006 based on a 70% allocation of historical emissions, a €10 per tonne price of carbon and 100% pass through of the cost of carbon. Assuming only the additional cost of carbon is incorporated, the study indicated a 2.6% increase in the wholesale electricity price.

I am advised that, based on the proposed allocations, where there is full cost pass through, the impact on the wholesale electricity price could be in the region of 14% which might result in an average retail tariff increase of 7%. Tariff increases resulting from this full cost pass through would adversely affect competitiveness and would lead to windfall profits for existing generators who received allowances for free.

Bearing in mind the need to keep electricity prices at the lowest sustainable level, I have considered the CER's suggestion that the windfall gains to the generators could be recycled in the electricity sector to mitigate the effect of the introduction of emissions trading on retail electricity prices. In this regard, I have brought legislative proposals to the Government which it has just approved. I propose to empower the CER to make regulations, subject to my consent, to claw back from generators any such windfall gains arising. It is intended that the bulk of the gains will be recycled back into reducing tariffs and the remainder possibly used in other areas which could include fuel poverty, energy efficiency and R&D focused on renewables. It is expected that, due to the moderation of tariff increases through recycling, customers will only see tariff increases of 1% to 2% which reflects the rise in wholesale prices due to the actual cost of purchasing the balance of allowances required.

Question No. 38 answered with QuestionNo. 14.
Question No. 39 answered with QuestionNo. 10.

Energy Resources.

Joe Costello

Ceist:

40 Mr. Costello asked the Minister for Communications, Marine and Natural Resources if he will make a statement on the outcome of the all-Ireland energy forum which he jointly hosted with the Northern Ireland Minister for Enterprise, Trade and Investment, Mr. Ian Pearson MP, in Drogheda on 12 March 2004. [10210/04]

As the Deputy will probably know, the recent energy forum was organised on foot of a joint decision taken by the Minister for Enterprise, Trade and Investment, Mr. Pearson, and myself at our bilateral meeting in December 2003. At that time we agreed that the electricity, gas and renewable energy industries and other interested parties should be informed about the work of the all-island energy market joint steering group, which we had established in 2003 to develop the all-island energy market. We were also anxious to engage key stakeholders in discussions on the development of a strategy to achieve that objective.

The forum itself consisted of a series of presentations on current key issues for the energy sector. Presentations were made by members of the joint steering group, the Commission for Energy Regulation, the Northern Ireland Authority for Energy Regulation, Sustainable Energy Ireland, the two grid operators and the IBEC-CBI Joint Business Council. The presentations were followed by a wide-ranging discussion on strategic issues concerning the development of an all-island energy market.

A key conclusion of the forum was that a high-level strategy paper should be prepared by the joint steering group. The strategy paper is expected to set out a shared understanding of what is meant by an "all-island energy market". The real challenge for the joint steering group is to translate that shared understanding into a realistic and achievable strategic work programme. The aim of the work programme would be to provide a framework for collaborative action by industry, regulatory authorities and the two Governments in working towards the goal of an all-island energy market. The strategy paper will also take account of ongoing exploratory work on issues such as electricity interconnection and the views expressed at the forum. There was general consensus that a repeat of the forum after an appropriate interval would be welcomed.

Aquaculture Report.

Willie Penrose

Ceist:

41 Mr. Penrose asked the Minister for Communications, Marine and Natural Resources if he has received the final report of the investigation into the massive fish kill at Inver Bay, County Donegal during July 2003; the findings of the report; and if he will make a statement on the matter. [10224/04]

The report of the investigation carried out by the Marine Institute into the fish mortalities that occurred at salmon farms in Donegal Bay last year was published earlier this month. I understand that the Marine Institute has furnished copies to the operators of the fish farms concerned, and that the document has also been made available on the institute's website.

The report presents a comprehensive evaluation of possible causes of the fish mortalities, and rules out many of them. The factors excluded as possible causes as a result of the investigation include a primary fish pathogen, farm management, harmful algal bloom, a pollution incident, sediment disturbance and the dumping of dredge spoil material. The report concludes that, when the mortality incident is reviewed in detail, it appears most likely that the initial insult to the fish may have been caused by a biological event such as a siphonophore bloom, which may have occurred in both Inver and McSwyne's Bays and which probably coincided with an intrusion of offshore water such as occurred in early July.

The report points out that the initial insult to the fish occurred when water temperatures were very high in relation to the optimal temperature for the cultivation of salmonids and that, subsequent to the initial event, secondary bacterial and parasitic infections were noted. It indicates that these infections would have added considerably to the stress of the fish, which were already severely debilitated. The overall finding is that the cause of the mortalities was multi-factorial in nature, where the net cumulative result was much greater than it would have been should the initial event have occurred at lower water temperatures or in the absence of secondary infection of the gill tissue of the fish. The Marine Institute is also, at my request, looking at the overall position in relation to mortalities at fish farms along the western seaboard last year.

Water Sports Vehicles.

Jan O'Sullivan

Ceist:

42 Ms O’Sullivan asked the Minister for Communications, Marine and Natural Resources the progress made in discussions with the Department on the Environment, Heritage and Local Government on the legal issues regarding control of jet-skis in waters not under the control of local authorities; and if he will make a statement on the matter. [10223/04]

A draft maritime safety Bill to provide the necessary powers to assist local authorities in adopting regulations relating to the operation of jet-skis in waters within their jurisdiction is at an advanced stage of preparation. Discussions are continuing between officials from my Department and officials from the office of the Attorney General and the Department of the Environment, Heritage and Local Government. I expect that all remaining matters will be addressed very shortly.

Question No. 43 answered with QuestionNo. 21.

Mobile Telephony.

Brendan Howlin

Ceist:

44 Mr. Howlin asked the Minister for Communications, Marine and Natural Resources if his attention has been drawn to reports that mobile phone users are being enticed into spending up to €100 million in vain attempts to win cash prizes through text messages; the steps he intends to take to prevent the exploitation of mobile phone users in this way; and if he will make a statement on the matter. [10214/04]

I have no function in this matter. The onus lies with mobile phone users to exercise due care before entering any such competitions. However, some such enterprises are covered by EU Directive 2002/58/EC, the directive on privacy and electronic communications, transposed into Irish law on 6 November 2003 via the Electronic Communications (Electronic Communications Networks and Services) (Data Protection and Privacy) Regulations 2003 — S.I. No. 535 of 2003. The aforementioned regulations provide for restrictions on unsolicited direct marketing by telephone, fax, automated calling systems, e-mail, SMS and MMS.

It is now illegal within the EU to target individuals or natural persons by unsolicited SMS. Spam — unsolicited e-mail and SMS marketing — sent to individuals, with a limited exception, covering existing customer relationships, is only allowed with prior consent. Monitoring compliance with and enforcement of the provisions of the regulations is a function of the Data Protection Commissioner's office.

Harbours and Piers.

Jim O'Keeffe

Ceist:

45 Mr. J. O’Keeffe asked the Minister for Communications, Marine and Natural Resources the position in relation to the harbour development at Castletownbere for which funding was committed in January 2004; the progress made in the meantime; and the proposed timetable for the completion of dredging, pier extension and auction hall. [10178/04]

The project at Castletownbere was announced on 23 January 2004. The consultants engaged on the project and officials from my Department have presented their findings to harbour users. User observations and internal review considerations are now being incorporated into the design stage of the project.

The project will require dredging work to be carried out in the vicinity of the harbour. It is intended that this work will be let as a sub-contract to the main contract. The contractor will have responsibility for design, procurement of the statutory permits for dredging and disposal, and execution of the works. The current programme will see the main contract being awarded in October 2004. It is intended that the dredging contractor will commence his design and preparation work in August 2004.

It is envisaged that the programme will run sequentially, with dredging operations being completed in six months from award of the contract. Subsequently, the quay construction is expected to last approximately 11 months. Construction of the auction hall building will commence immediately thereafter. It has a 12 month construction period.

Question No. 46 answered with QuestionNo. 10.

Aquaculture Development.

Ruairí Quinn

Ceist:

47 Mr. Quinn asked the Minister for Communications, Marine and Natural Resources the progress made in regard to his Department’s comprehensive review of the existing procedures for the monitoring and control of aquaculture generally which he had indicated would be completed by the end of January 2004; and if he will make a statement on the matter. [10225/04]

A comprehensive review of the procedures for monitoring, control and enforcement in respect of aquaculture has been undertaken in my Department. The work involved is substantially completed, but its finalisation was held over pending the availability of the Marine Institute's report on mortalities at fish farms in Donegal Bay, which was published this month. The review will now be completed as soon as possible.

The review has considered, in particular, how existing systems and processes may need to be refined or reinforced to ensure the optimal operation of monitoring and control programmes for aquaculture. If changes are required to legislation or procedures or practices on foot of the review, the necessary action will be taken as a priority.

Industrial Disputes.

Bernard J. Durkan

Ceist:

48 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources his plans to resolve the postal dispute; if he will enter into the necessary negotiations to prevent a recurrence; and if he will make a statement on the matter. [10276/04]

The Labour Relations Commission has issued a framework document to An Post and the Communications Workers Union with a view to finding a resolution to the current difficulties. I understand that this document has been accepted by An Post and it is still being considered by the CWU. Extensive contacts have been undertaken over the course of the last week involving all the major stakeholders, including the LRC, to find a basis on which both sides could commence negotiations. While this latest step represents significant progress, the challenge in finding a basis on which the LRC could get involved is an indication of how complex and deep seated the issues are and nobody should underestimate the difficulty of finding a resolution to the current dispute. I emphasise that the Government and I are fully committed to the An Post ESOP in the context of the implementation of a recovery strategy for the company and provided that the terms of the agreement are complied with.

It is clear that An Post customers are suffering serious inconvenience as a result of the dispute and companies which operate in a highly competitive business environment cannot afford any loss in competitiveness arising from an IR situation outside their control. Furthermore, the An Post financial situation is such that a prolonged dispute could cause serious financial damage to the company.

Fundamentally, An Post needs to restructure and needs to return to a firm financial footing if it is to be a strong player in the Irish postal market and to continue to provide quality services to customers and sustainable employment for staff. The recovery strategy approved by the board of An Post sets out the basis on which the company, in partnership with the trade unions, can move forward.

Grant Payments.

Brian O'Shea

Ceist:

49 Mr. O’Shea asked the Minister for Communications, Marine and Natural Resources if he has received legal advice on the status of the money paid out and the status of the outstanding grants in relation to the construction of a marine centre at Dereenacallaha, Kenmare, County Kerry, despite reservations expressed by senior officials, and part of which has now been demolished due to the fact that it did not comply with planning requirements; the action he intends to take as a result of the legal advice; and if he will make a statement on the matter. [10218/04]

As the Deputy is aware, my Department sought legal advice from the Chief State Solicitor's office on the status of the moneys paid and the status of the outstanding grant in relation to the construction of a marine centre at Dereenacallaha, Kenmare, County Kerry. My Department has not yet received the advice requested and, accordingly, I must await this advice before I make any further move on this matter.

Question No. 50 answered with QuestionNo. 37.

Broadcasting Regulation.

Mary Upton

Ceist:

51 Dr. Upton asked the Minister for Communications, Marine and Natural Resources if he will publish a Green Paper regarding recent windfall profits for holders of radio spectrum licences; and if he will make a statement on the matter. [10201/04]

I have no plans to publish a Green Paper on the matter. I am undertaking a fundamental review of the radio licensing regime in Ireland. Among the many complex issues being considered in that review is the value of radio licences and how the public interest is best served in the licensing process. My Department has engaged external advisers to assist in the review. The independent advisers will submit their final report to me shortly and I intend to then hold a public consultation on the matter.

Question No. 52 answered with QuestionNo. 10.

Food Safety Standards.

John Gormley

Ceist:

53 Mr. Gormley asked the Minister for Communications, Marine and Natural Resources the monitoring carried out of fish both caught and sold on the Irish market to measure the level of mercury that consumers may become exposed to. [10307/04]

In order to protect consumers, the European Union has set, in EU Regulation 466/2001, maximum limits for total mercury content in fishery products. In accordance with the monitoring requirements of EU food safety legislation, analysis is carried out of a range of fin-fish both landed into, and farmed in, Ireland. A similar monitoring programme is in place for shellfish. These programmes are carried out by the Marine Institute, under service contract to the Food Safety Authority of Ireland. Similar programmes are in place in other member states.

Over the past number of years, the concentration of mercury in the edible portion of the fish analysed, in Ireland, is well within the European Union human consumption tolerance level. The catch element of the monitoring programme concentrates on the most commonly landed species and does not normally include the top predatory species fish such as shark, swordfish, marlin and tuna. The FSAI has provided important precautionary advice in relation to the consumption of these fish species. The FSAI is advising certain groups to continue consuming fish, from a wide range of species, as part of a balanced diet but not to eat swordfish, marlin and shark, and to limit consumption of tuna.

Official Appointments.

Brian O'Shea

Ceist:

54 Mr. O’Shea asked the Minister for Communications, Marine and Natural Resources when the independent experts to undertake the promised review of RTE’s pricing policy in the advertising market will be appointed; the way in which they will be appointed; and if he will make a statement on the matter. [10219/04]

I refer the Deputy to my reply to Parliamentary Question No. 111 of Tuesday, 24 February 2004. The independent experts will be appointed in accordance with normal procedures for the procurement of such services.

Marine Safety.

Simon Coveney

Ceist:

55 Mr. Coveney asked the Minister for Communications, Marine and Natural Resources the level of consultation that has taken place with the interested stakeholders or that will take place before the introduction of a new leisure boat registration scheme is introduced later in 2004. [10187/04]

The maritime safety directorate of my Department is developing a registration system to enhance the safety of recreational craft. A consultation paper for the small vessels register is currently being drafted by the maritime safety directorate of my Department. Once this has been completed, the paper will be issued to interested bodies and will also be made available on the Department's website. The small vessels register, along with the safety code for recreational craft, will place maritime safety at the centre of the Department's policies on recreational craft.

Common Fisheries Policy.

Brendan Howlin

Ceist:

56 Mr. Howlin asked the Minister for Communications, Marine and Natural Resources the proposals for reform of the Common Fisheries Policy he intends to bring forward during the period of the Irish EU Presidency; and if he will make a statement on the matter. [10215/04]

As I have previously advised the House, under the institutional framework governing the European Union the sole responsibility for initiating proposals rests with the European Commission. Proposals for changes to the Common Fisheries Policy, CFP, are not matters on which the Presidency of the Council can seek to progress unilaterally. In any event, the CFP has only recently been reviewed. A new basic regulation was agreed at the Agriculture and Fisheries Council in December 2002, following protracted and difficult negotiations.

The process leading to that reform of the CFP was a lengthy and comprehensive one. It embraced such key areas as access to resources, conservation, control and enforcement, structures and fleet policy. The reform process spanned a number of years and involved detailed consultation with stakeholders across the European Union. The new basic regulation will govern EU fisheries policy over the next decade and accordingly the question of embarking on a new review of the CFP so soon after it has been comprehensively reviewed is not a realistic prospect.

Ireland, with the benefit of detailed input from Irish fishermen, participated in the reform process in a progressive manner and the reform package finally agreed contains many of the recommendations of Ireland's national strategy review group. In that regard, I would draw the Deputy's particular attention to an action plan to address the problem of the discarding of juvenile fish catches, stronger control and enforcement, continued recognition of Ireland's entitlements for additional quotas under the so-called "Hague preferences" and new regional advisory councils giving fishermen a strong voice in shaping future fisheries policy at EU level. The regional advisory councils are considered a particular priority and we hope to have agreement on this issue during the course of Ireland's EU Presidency.

EU Presidency.

Paul Kehoe

Ceist:

57 Mr. Kehoe asked the Minister for Communications, Marine and Natural Resources the progress he has made on the priorities that the Government has set itself in his area of responsibility during Ireland’s Presidency of the EU. [10238/04]

As I have previously advised the House, I am responsible for a wide range of EU Presidency business across the sectoral policy areas of telecommunications, energy, broadcasting, fisheries, maritime transport and maritime safety. I also hold commensurate chairing responsibilities for the agriculture and fisheries, transport, energy and telecommunications and education, youth and culture council formations.

Together with my officials, I am working on delivering on policy priorities at EU level during the Presidency within the Government's overall strategic approach to the EU. I outlined these priorities in detail to the House on 27 January in my reply to Parliamentary Question No. 589. I am satisfied with progress, at both Council and working group level, in relation to the various dossiers for which I hold responsibility.

On telecommunications, work to date has focused on the preparation of issues for discussion at the telecom Council held on 8 March. The Council recognised that the targets of the e-Europe 2005 action plan remain valid and that significant progress has been made, particularly in the areas of broadband and e-Government. The Council highlighted the importance of the electronic communications sector for growth, productivity and social cohesion in the EU, while recognising that challenges remain for its future development. These include broadband coverage for under-served areas and stimulation of demand for content and services.

The Council responded to the communication by the Commission, which identified the scale of the problem of spam and highlighted the importance of close and sustained co-operation among key players. The Council has also produced a preliminary response to the Commission's assessment of the outcomes of phase 1 and the proposed EU priorities and working method for phase 2 of the world summit on information society. Key issues arising are those of financing and Internet governance.

I am also satisfied that the priority areas identified in the energy sector are progressing satisfactorily. I am working towards achieving at least a political agreement at the energy Council in June on the proposal for establishing a framework for the setting of eco-design requirements for energy using products and the gas transmission proposal. The Irish Presidency continues to play an active role in working towards the establishment of a common energy position for the EU on renewable energies and in progressing the proposals relating to security of electricity supply, trans-European networks and demand-side management.

On broadcasting, I hosted a meeting of Ministers in Dublin and Drogheda from 1 to 3 March. One of the specific issues that Ministers discussed at some length was the regulation of broadcasting services that are specifically targeted at one member state but are actually subject to the national regulations of another member state. I intend to give member states a further opportunity to consider this topic at the May meeting of the education, youth and culture council.

On maritime safety, examination of the proposed directive on sanctions for pollution offenders and implementation of new maritime security measures for Irish ports and ships are being progressed. On 26 March, representatives from EU member states, accession states and other European countries, along with representatives of the European Commission, European maritime safety agency and the key interests in the maritime sector participated in a forum in Gorey, County Wexford, as part of the Irish Presidency contribution to the promotion of safer and more secure shipping, and cleaner seas in European waters.

In the area of fisheries, the Council adopted proposals relating to the protection of small cetaceans; protection of the Darwin Mounds fishing area; aid for fishing fleet in the outermost regions; and measures on autonomous Community tariff quotas on certain fisheries products. The Presidency has also achieved agreement on a number of third country fisheries agreements, including between the Community and Tanzania and the Community and the Solomon Islands. The Presidency has also progressed the development of conservation and management strategies in various regional fisheries organisations including the north west and north east Atlantic, together with the Baltic Sea. The Deputy will find details of developments as they arise on my Department's website, www.dcmnr.ie and on the Irish Presidency website, www.eu2004.ie.

Energy Resources.

Olwyn Enright

Ceist:

58 Ms Enright asked the Minister for Communications, Marine and Natural Resources the reason the cost of electricity here has increased dramatically relative to other EU member states; and the cost factors related to Ireland that do not relate to other EU states that can explain the fact that energy costs here are now the second highest in the EU. [10183/04]

I wish to point out that I do not have a function in relation to the pricing of electricity. The Commission for Energy Regulation was given the responsibility for regulating ESB's tariffs to its franchise customers under the European Communities (Internal Market in Electricity) Regulations 2000. Previously, ESB would, by custom and practice, have sought Government approval before increasing its tariffs.

According to EUROSTAT July 2003 data, prices for domestic customers were at the European average while those for industrial and commercial users were second highest. It should be remembered that large scale customers and many SMEs are free to purchase electricity from suppliers other than ESB.

The CER set about a process of rebalancing tariffs ahead of full market opening in 2005, which is required to ensure that all tariffs fully reflect the cost of supplying different categories of customers. This action is set against a backdrop where tariffs had risen by a total of only 3.5% in nominal terms between 1986 and 2001, compared to 52.5% inflation in the same period, leading to a situation where eventually generation costs were being under-recovered and grid investment was postponed. The increases approved by the CER to date have brought tariffs more into line with costs, thereby helping to prevent under-recovery and improving the investment climate; neither private investors nor the ESB could justify investment in new plant in the absence of cost reflective pricing.

Measures would have been needed in any event to make the tariffs more cost reflective in light of the need to undertake a major infrastructural investment programme on the electricity transmission and distribution systems and to install additional generation capacity to meet increasing demand. In that regard, it is worth noting that energy infrastructure is paid for by the users and not the State as is the case, for example, of roads and water.

Given the substantial infrastructural investment requirements in Ireland and the fact that networks in mainland Europe are mature in investment terms and heavily interconnected, a direct comparison with our European counterparts of unit costs for use of the transmission and distribution systems is not meaningful. These costs are being driven by major infrastructural investment of approximately €4 billion between 2002-07, of which €1 billion approximately relates to transmission development and €3 billion approximately relates to distribution. However, because the networks are regulated monopoly activities, it is an imperative of regulation to seek to incentivise a downward pressure on the cost of providing these services.

When comparing the cost of electricity in Ireland relative to other EU member states, it is important to bear in mind the issue of peripherality. Ireland's geographic position as a small island economy poses structural difficulties which cannot be easily addressed. Generation costs must be seen from the perspective of these inherent characteristics of the Irish electricity market, that is, small in comparison to other EU member states, not significantly interconnected and hence, limited access to other competitive markets and a lack of relatively cheap indigenous resources.

Natural gas now accounts for more than 40% of fuel used for electricity generation in Ireland and this proportion is increasing. As the Deputy may be aware, indigenous gas supplies are limited here leading to a strong reliance on imports and the transportation costs via the interconnector place a significant premium on prices. Landed prices for natural gas in Ireland are between 20% and 25% higher than those paid by our mainland European counterparts. This fact contributes to placing Irish electricity prices at a considerable disadvantage relative to the European average benchmark.

Fisheries Protection.

Ruairí Quinn

Ceist:

59 Mr. Quinn asked the Minister for Communications, Marine and Natural Resources if he has received the first phase of the report of the consultants appointed to undertake the review of the inland fisheries sector, which he indicated would be completed by the end of March 2004; if it is intended to publish the document; and if he will make a statement on the matter. [10226/04]

I am advised by the steering group which I established to oversee the high level review referred to by the Deputy that the complex review will require some more time yet before it is in a position to forward its report on the first stage of the review.

While I appreciate that earlier indications were that I expected to receive this report by the end of March, I am sure that the Deputy will nevertheless agree that, given the size and complexity of the task assigned to them, the consultants should be allowed the necessary time to deliver a report which fully and comprehensively addresses the issues put before them. I have asked the steering group to ensure, however, that there is no undue delay in the process and informed it that I remain anxious to receive this report as soon as possible.

Energy Resources.

Denis Naughten

Ceist:

60 Mr. Naughten asked the Minister for Communications, Marine and Natural Resources the plans he has to introduce measures which would reduce the demand on energy in the home; and if he will make a statement on the matter. [10182/04]

I refer to my reply to an identical question, No. 41, asked on 17 December 2003.

Mining Leases.

Pat Rabbitte

Ceist:

61 Mr. Rabbitte asked the Minister for Communications, Marine and Natural Resources the matters discussed and conclusions reached at the meeting between his Minister of State and other interested groups in Nenagh on 23 March 2004 regarding remedial works required to be completed at the former site of a company (details supplied) in County Tipperary; and if he will make a statement on the matter. [10228/04]

A meeting was held on 22 March 2004 in Nenagh between officials of my Department, the Environmental Protection Agency, EPA, North Tipperary County Council and Mogul of Ireland Limited in relation to the remediation works required to be completed by Mogul under clause K of its State mining lease at Silvermines, County Tipperary.

The meeting discussed Mogul's submission of 5 March 2004 to the exploration and mining division of the Department, which sets out in detail its proposals for addressing its clause K remediation responsibilities and requirements. Mogul's proposals are conceptually acceptable, subject to provision of greater detail. A copy of the press release setting out the outcomes of the meeting is attached for information.

A copy of Mogul's proposals was given to representatives of the local community on 22 March and they delivered a copy of their own proposals to departmental representatives. A meeting with the local community will be held shortly. North Tipperary County Council has sought further information in respect of an application for a waste permit for Gortmore sought on behalf of Mogul.

Fisheries Protection.

Eamon Ryan

Ceist:

62 Mr. Eamon Ryan asked the Minister for Communications, Marine and Natural Resources if his attention has been drawn to the reported recent use of nets in the Brandon Bay and in other Kerry estuaries, supposedly for the purpose of catching sea bass; if such fishing is permitted; the actions the fisheries board use to monitor such activity and enforce the relevant regulations; and the actions which have been taken by the South Western Fisheries board in relation to the breaches of both the sea bass and wild salmon fishing regulations in each of the past three years. [10299/04]

The Irish sea bass fishery is one of the most rigidly regulated fisheries within our jurisdiction with extensive by-laws and regulations governing: size limit on the fish caught, 40 cm; bag limit — two fish in any 24 hour period; prohibition on the commercial fishing of bass; prohibition on the sale of bass in Ireland unless from an imported source; and prohibition on fishing during bass spawning season.

Officers of the sea food control division of my Department, the Naval Service and the relevant regional fisheries boards constantly monitor fishing operations and landings at sea and in our sea fishing ports and have reported no evidence of targeted sea bass fisheries or landings from trawling or netting operations in any area of the country.

In the Brandon Bay and other Kerry estuaries, I am advised that the South Western Regional Fisheries Board visits these areas regularly to ensure that prohibited fishing methods are not used. These visits occur under the board's programme for protection of salmon. It also has a programme for the protection of bass which takes place in the late autumn period. During this period, the board's staff undertake up to 12 visits of the relevant bass areas. Over the past five years the board has seized many nets in the area. There have also been approximately five prosecutions relating to bass in the same period. I understand that further surveillance was carried out in recent weeks where one person was apprehended with a prosecution pending. Bass fishing has recovered significantly since the introduction of the by-laws on bass fishing and the quality of bass fishing in this area is equivalent to the best available at present.

My Department is fully aware of the commercial value of recreational sea angling, particularly to our coastal communities, and I assure the Deputy that through the constant vigilance of our enforcement staff any opportunist exploitation of this valuable natural resource is kept to an absolute minimum.

County Enterprise Boards.

Cecilia Keaveney

Ceist:

63 Cecilia Keaveney asked the Tánaiste and Minister for Enterprise, Trade and Employment if funding is available for a person towards the setting up of a school of hairdressing; and if she will make a statement on the matter. [10440/04]

While there is funding available from the county enterprise boards which operate under the aegis of my Department for micro-enterprises, i.e. firms employing up to ten persons, the funding is targeted primarily at manufacturing and internationally traded services. Funding would not normally be available towards the costs of setting up a hairdressing school. Nevertheless, the relevant county enterprise board may be in a position to provide some business advice and management development support programmes to a person setting up such a business. These programmes are designed to help new and existing enterprises to operate effectively and efficiently to ensure survival and growth.

Defence Expenditure.

Aengus Ó Snodaigh

Ceist:

64 Aengus Ó Snodaigh asked the Minister for Defence the implications for defence spending here of the 2010 EU military harmonisation deadline agreed in October 2003; if the cost projections have been done; if so, if he will report on the results; if not, when that will be done; and if they will be published. [10421/04]

Defence and defence policy is a fundamental expression of national sovereignty. In that context, defence spending is a matter for the Government and has to be undertaken in a prudent and balanced fashion having due regard to the prevailing national socio-economic environment.

The Government's White Paper on Defence, published in February 2000, set out a medium term strategy for defence covering the period up to 2010. A major objective of the strategy is to ensure that Ireland has a world class military organisation capable of carrying out the roles assigned to it by the Government, both at home and abroad. This objective requires an ongoing modernisation process, including an investment programme to ensure that the Defence Forces are properly equipped for these roles. It would be wrong to suggest that this investment programme, which is necessary regardless of Ireland's participation in the European Security and Defence Policy, arises from our commitments to the Helsinki Headline Goal.

Participation in ESDP will have the minimum possible implications for the Exchequer. In seeking to modernise the Defence Forces, I have been fully conscious of the need to obtain the best possible efficiencies from existing resources. For example, the disposal of assets has been used as a method of financing our re-equipment programme, while the planning and review process of Partnership for Peace has been used as the forum for enhancing the ability of the Defence Forces to operate effectively with contingents from other countries on Petersberg Tasks type operations. In this way the Defence Forces have been able to make a valuable contribution to peace support operations from within existing resources. In relation to financing of Petersberg type operations, Ireland favours maximising a system of financing operations on the basis of costs lie where they fall. This is the basis on which Ireland successfully participates in KFOR and SFOR, and I would envisage that our participation in similar Petersberg Tasks type operations in the future will be similarly financed.

In addition, I am supportive of measures which may emerge within the European Security and Defence Policy which could lead to future efficiencies in defence spending, for example following the creation of an agency in the field of defence capabilities development, research, acquisition and armaments as agreed by the Thessaloniki European Council in June 2003. In its mandate on European Security and Defence Policy, the Irish Presidency was given the task "to set goals for the further development of European military capabilities for crisis management with a horizon of 2010, with a view to the June 2004 European Council". Discussions have been ongoing at EU level in relation to defining a headline goal 2010 and these issues will be further progressed at the informal meeting of Defence Ministers, which I will chair, in Brussels on 5 and 6 April next.

The setting of a new goal of 2010 will include further examination of ways of improving capabilities. In particular, I welcome measures which may improve efficiencies, including appropriate qualitative aspects of member states contributions to the headline goal. It will be important also that lessons learned from the first EU operations are included in this process.

National sovereignty and voluntarism are the fundamental underlying principles of participation in the European Security and Defence Policy, ESDP. Participation in any specific operation by member states is decided on a case-by-case basis and in accordance with respective national decision making procedures. The White Paper process has illustrated how efficiencies can be achieved from within existing resources. I am not planning increases in defence expenditure nor do I propose to advocate that other countries increase their military spending. This remains a national decision.

Farm Retirement Scheme.

Jim O'Keeffe

Ceist:

65 Mr. J. O’Keeffe asked the Minister for Agriculture and Food if there are inhibitions on a person in the farm retirement scheme giving up the farm retirement pension in a situation in which the social welfare contributory pension and adult qualified dependant allowance for their spouse is greater than the amount payable under the farm retirement scheme. [10433/04]

My Department will consider such cases sympathetically provided five years participation has been completed in the scheme and there is no outstanding debt owing to the Department. The retired farmer remains bound in all cases by his or her undertaking to cease commercial farming definitively; this undertaking can be waived only if all pension payments are refunded.

Wood Processing Industry.

Johnny Brady

Ceist:

66 Mr. J. Brady asked the Minister for Agriculture and Food the value and volume of wood products in 2003; and if he will make a statement on the degree to which timber and wood processing industries here are dependent on imports. [10434/04]

The volume produced by the sawmill sector in 2003 was approximately 1.15 million cubic metres with a value of €230 million. The volume produced by the boardmills was approximately 900,000 cubic metres with a value of €240 million. The total value of exports in 2003 was €230 million, with 2,000 employed. The boardmilling sector is self-sufficient in the raw materials it requires and is not dependent on imports; 3% of the sawmilling sector's requirements are met from imports.

Farm Retirement Scheme.

Willie Penrose

Ceist:

67 Mr. Penrose asked the Minister for Agriculture and Food the steps he will take to ensure that an application by a person (details supplied) under the retirement scheme from farming will be processed as quickly as possible; and if he will make a statement on the matter. [10437/04]

The application by the person named for the early retirement pension was received in my Department on 19 December 2003 and was rejected on 19 February 2004. The application was re-submitted on 9 March 2004 and, following clarification of a number of issues, is now being further processed. The person named will be notified of the outcome when processing is complete.

Tax Code.

John Cregan

Ceist:

68 Mr. Cregan asked the Minister for Finance if immediate payment of income tax rebate will be arranged for a person (details supplied) in County Kilkenny. [10353/04]

I am advised by the Revenue Commissioners that an income tax refund to the taxpayer for 2002 has been processed and should issue by post within the next few days.

Seán Haughey

Ceist:

69 Mr. Haughey asked the Minister for Finance if the Revenue Commissioners will grant a tax rebate arising out of medical expenses and college fees to a person (details supplied); and if he will make a statement on the matter. [10388/04]

The Revenue Commissioners have informed me that they have now processed a refund in respect of medical expenses and college fees for the year ended 31 December 2003. The combined repayment amounts to €1,123.96 and the cheques will issue shortly. In view of the current postal dispute the cheques will be available for collection at a Revenue office within the next few days.

The taxpayer should contact lo-call number 1890 333 425 to confirm when the cheques will be available for collection and to arrange collection. When contacting Revenue, the taxpayer should have her personal public service number to hand. In order to collect the cheques, the taxpayer will be required to present two forms of identification, including one form of photo ID, for example, passport, drivers licence, utility bill, etc.

EU Presidency.

Bernard J. Durkan

Ceist:

70 Mr. Durkan asked the Minister for Finance, further to Parliamentary Question No. 188 of 23 March 2004, the number and status of those invited to the function held in Portlaoise; the methodology used to extend the invitations (details supplied); and if he will make a statement on the matter. [10412/04]

The total number of delegates who attended the EU regional Ministers' meeting in Portlaoise on 26-28 February 2004 was approximately 170.

The national delegations were from the administrations of the 15 existing member states, the ten new member states and the three candidate states of Bulgaria, Romania and Turkey. They were led by Ministers in the majority of cases. There were also delegations from a number of EU institutions, most notably the Commission, whose delegation was led by Commissioner Michel Barnier.

The meeting was chaired by the Minister of State at the Department of Finance, Deputy Tom Parlon, as part of the Irish Presidency of the EU. The main functions held in connection with the meeting were two gala dinners to which all the delegates were invited. The Minister of State also invited just over 20 personal guests to each of the dinners. Invitations to the delegates were issued by hand and invitations to the personal guests were issued by post.

The meeting was regarded by the participants as being highly successful both on the policy and the organisational aspects. The development of regional policy in the EU is of obvious interest to the EU and to Ireland. It was therefore important both from the EU Presidency and from the national point of view that the meeting was so successful.

Middle East Peace Process.

Finian McGrath

Ceist:

71 Mr. F. McGrath asked the Minister for Foreign Affairs his views on the assassination of the Hamas leader, Sheikh Ahmed Yassin; and if he will make a statement on recent developments in the Middle East. [10354/04]

I refer the Deputy to my replies to oral Questions Nos. 16, 50, 54, 58, 75 and 103 of 31 March2004.

Institutes of Technology.

Joe Costello

Ceist:

72 Mr. Costello asked the Minister for Education and Science the reason for the delay in publishing the Grangegorman Development Agency Bill which will provide for the development of the lands at Grangegorman by the Dublin Institute of Technology; when he proposes to publish the Bill; and if he will make a statement on the matter. [10346/04]

My Department is currently engaged in the preparation of a Bill for the establishment of an agency for the development of an area in Grangegorman, Dublin as a location for education, health and other facilities. The agency will be known as the Grangegorman Development Agency. Officials of my Department are working with officials in the Department of the Environment, Heritage and Local Government, the Department of Health and Children and the Office of the Attorney General, with a view to completing the proposed legislation as soon as possible. I am confident that I will be in a position to bring this matter to Government shortly.

Vocational Education Committees.

Brian O'Shea

Ceist:

73 Mr. O’Shea asked the Minister for Education and Science his proposals to meet the concerns of County Waterford VEC regarding the capping of places on PLC courses (details supplied); and if he will make a statement on the matter. [10347/04]

Funding for VEC colleges offering PLC courses is provided for pay and non-pay costs on the basis of the approved number of places on approved courses run by the colleges.

In the current academic year the enrolments on PLC courses in certain schools and colleges have exceeded the number of places approved by my Department. Teacher allocations for 2004-05 and capitation grants have been allocated on the basis of the approved number of places or the numbers enrolled.

In the 2003-04 academic year nearly 28,700 places were approved by my Department. My Department is currently considering appeals from the VECs, schools and colleges for the recognition of the excess numbers enrolled for the purposes of teacher allocations and grants and a decision in the matter will be taken shortly in the light of the totality of demands for teaching resources across the system.

School Transport.

Breeda Moynihan-Cronin

Ceist:

74 Ms B. Moynihan-Cronin asked the Minister for Education and Science the reason his Department has not replied to ongoing correspondence, with regard to a request by persons in Annascaul, County Kerry, regarding the provision of school transport for their children to attend an English speaking school in Tralee, County Kerry; if he will meet with these persons to discuss the matter; and if he will make a statement on the matter. [10348/04]

My Department will arrange to have a reply issued without delay if the Deputy provides the names and addresses of the persons and schools concerned.

Special Educational Needs.

Jerry Cowley

Ceist:

75 Dr. Cowley asked the Minister for Education and Science the reason a person (details supplied) has not been granted resource teaching hours. [10349/04]

I confirm that my Department has received applications for special educational resources — SER — from the school referred to by the Deputy, including an application for the pupil in question. SER applications received between 15 February and 31 August 2003, including the one for the pupil referred to by the Deputy, are being considered at present. In all, more than 5,000 such applications were received. Priority was given to cases involving children starting school last September and all of these cases were responded to before or soon after the commencement of the current school year.

The balance of more than 4,000 applications has been reviewed by a dedicated team comprising members of my Department's inspectorate and the National Educational Psychological Service. These applications are being further considered in the context of the outcome of surveys of SER provision conducted over the past year or so. Account is also being taken of the data submitted by schools as part of the recent nationwide census of SER provision.

The processing of the applications is a complex and time consuming operation. However, my Department is endeavouring to have this completed as quickly as possible and my officials will then respond to all applicant schools. Pending a response, schools are advised to refer to circular 24/03, which issued in September 2003. This circular contains practical advice on how to achieve the most effective deployment of resources already allocated for special educational needs within the school.

The arrangements for processing applications received after the 31 August 2003 will be considered in the context of the outcome of discussions on a weighted system of allocation of resource teaching support. A further communication will be sent to schools in this regard.

Educational Disadvantage.

Finian McGrath

Ceist:

76 Mr. F. McGrath asked the Minister for Education and Science the position regarding the schemes to tackle educational disadvantage. [10350/04]

Since my appointment as Minister for Education and Science, I have made it clear that addressing educational disadvantage is my top priority. It is my intention to ensure that available educational resources are targeted at the most disadvantaged people in the education system at all levels.

My Department operates a number of programmes specifically designed to tackle educational disadvantage in accordance with the strategies outlined in the national action plan against poverty and social exclusion 2003-05, and the latest social partnership agreement, Sustaining Progress, which contains a special initiative focused on tackling educational disadvantage, literacy, numeracy and early school leavers.

One of my key concerns is to improve the level of synergy between these programmes. My Department is engaged in a review of all initiatives to tackle educational disadvantage and I anticipate that the review process will be completed shortly.

Schools Building Projects.

Emmet Stagg

Ceist:

77 Mr. Stagg asked the Minister for Education and Science when he expects the architectural planning for the new school for Scoil Uí Riada in Kilcock, County Kildare to be completed; if it is his intention to sanction the invitation of tenders for the building project in 2005; and if he will make a statement on the matter. [10366/04]

A large-scale building project for Scoil Uí Riada, Kilcock, County Kildare, is listed in section 9 of the 2004 school building programme which is published on my Department's website at www.education.ie. This project is at early stages of architectural planning. It has been assigned a band 2 rating by my Department in accordance with the published criteria for prioritising large-scale projects. It is planned to progress this project to the next stage of architectural planning during 2004.

The budget announcement regarding multi-annual capital envelopes will enable me to adopt a multi-annual framework for the school building programme which in turn will give greater clarity regarding projects that are not progressing to tender in this year's programme. I will make a further announcement in that regard during the year.

School Accommodation.

Emmet Stagg

Ceist:

78 Mr. Stagg asked the Minister for Education and Science if he will sanction the request from St Joseph’s School, Kilcock, County Kildare for the provision of temporary accommodation for two full time resource teachers and three part time resource teachers; and if he will make a statement on the matter. [10367/04]

Officials in the school planning section of my Department are assessing and prioritising all applications for temporary accommodation. I will publish details of all temporary accommodation projects that will proceed in 2004 shortly.

Schools Building Projects.

Emmet Stagg

Ceist:

79 Mr. Stagg asked the Minister for Education and Science the primary schools whose building projects are advancing through architectural planning in 2004, which have been given firm commitments that their project will be allowed to proceed to tender in 2005; and if he will make a statement on the matter. [10369/04]

When publishing the 2004 school building programme, I outlined that my strategy will be grounded in capital investment based on multi-annual allocations. My officials are reviewing all projects which were not authorised to proceed to construction as part of the 2004 school building programme, with a view to including them as part of a multi-annual school building programme from 2005 and I expect to be in a position to make further announcements on this matter in the course of the year.

School Enrolment.

Bernard J. Durkan

Ceist:

80 Mr. Durkan asked the Minister for Education and Science if a person (details supplied) in County Kildare can repeat second and third year to enable them to re-sit their junior certificate examinations at Scoil Mhuire, Clane, County Kildare; and if he will make a statement on the matter. [10370/04]

The guidelines with regard to the repeat of a year at post-primary level are outlined in circular M2/95. The standard maximum period of second level education is six years. Except in very exceptional circumstances, a pupil will not be permitted to repeat more than one year of the post-primary cycle prior to first sitting the leaving certificate examination. In certain instances, delegated authority within defined limits has been given to schools to permit students to repeat a year. An official from my Department has been in contact with the school authority and has been informed that the person referred to by the Deputy successfully completed the junior certificate in 2003 and is no longer enrolled in Scoil Mhuire. Should the person need to repeat a year, he must first apply to the school to re-enrol.

Exceptional cases are examined on an individual basis, whereby the school authorities submit a written request in relation to the particular pupil, together with supporting documentation. The case is then referred to my Department's inspectorate for its advice and recommendation. The school authority is informed of this decision.

State Examinations.

Bernard J. Durkan

Ceist:

81 Mr. Durkan asked the Minister for Education and Science if provision can be made for a person (details supplied) in County Kildare to sit their leaving certificate examinations at St. Mary’s College, Naas, County Kildare; and if he will make a statement on the matter. [10374/04]

On foot of a Government decision of 6 March 2003, the State Examinations Commission has been established with statutory responsibility for operational matters relating to the national certificate examinations. Accordingly, I have passed the Deputy's query to the chief executive officer of the commission for direct reply.

Youth Work Act.

David Stanton

Ceist:

82 Mr. Stanton asked the Minister for Education and Science the funding which has been made available in 2003 to the respective vocational education committees for costs relating to the implementation of the Youth Work Act 2001; the amount that is available in 2004; and if he will make a statement on the matter. [10389/04]

David Stanton

Ceist:

84 Mr. Stanton asked the Minister for Education and Science, further to Parliamentary Question No. 200 dated 25 November 2003, the further discussions his Department has had with the IVEA-CEO’s Association and the National Youth Council of Ireland on various aspects of the Youth Work Act 2001; the dates on which these discussions have occurred; the persons involved at each meeting or discussion; the issues discussed; the decisions reached and timescale for actions agreed; and if he will make a statement on the matter. [10391/04]

I propose to take Questions Nos. 82 and 84 together.

A significant amount of necessary preparatory work for the enactment of the Youth Work Act 2001 has been undertaken by the national youth work advisory committee in recent years. While it has not been found possible to make funding available for this purpose in the 2004 Estimates, it is my intention that further discussions will take place between my Department and the IVEA-CEOs Association and the National Youth Council of Ireland in the context of the Estimates for 2005. These discussions will take place as necessary and appropriate.

In addition to a 4% increase in the financial provision for youth work generally in 2004, I secured an additional amount of €500,000 towards the implementation of the national youth work development plan in 2004.

Child Protection Programme.

David Stanton

Ceist:

83 Mr. Stanton asked the Minister for Education and Science, further to Parliamentary Question No. 198 dated 2 October 2003, the progress that has been made on the implementation of the child protection training programme; the funding expended on this issue in 2003; if the project manager has been appointed and, if not, to indicate when he expects the appointment to be made; and if he will make a statement on the matter. [10390/04]

One of the first priorities of the national youth work development plan 2003-07, identified for immediate attention, is the implementation of a child protection training programme for the youth work sector. An amount of €80,000 was made available in 2003 for this purpose. The recruitment and appointment of a project manager to oversee and implement a comprehensive training programme for the sector is in progress by the National Youth Council of Ireland. The position has been advertised and a selection process is under way. It is intended to appoint a suitable person to the post as soon as possible.

Question No. 84 answered with QuestionNo. 82.

Youth Services.

David Stanton

Ceist:

85 Mr. Stanton asked the Minister for Education and Science if he has received a report from the national youth work advisory committee on the future requirements in relation to youth information provided and services as mentioned in Parliamentary Question No. 280 dated 7 October 2003; the recommendations in the report; and if he will make a statement on the matter. [10392/04]

The national youth work advisory committee, NYWAC, has set up a youth information sub-committee to report to the NYWAC regarding the development of, and improvements to, the network of youth information centres funded by the Department of Education and Science. The sub-committee is also to advise the NYWAC on the registration process for youth information centres. The work of the sub-committee is ongoing and it is hoped it will report to the NYWAC in July 2004.

Ministerial Conference.

David Stanton

Ceist:

86 Mr. Stanton asked the Minister for Education and Science if he will report on the ministerial youth conference held in County Clare recently; the number of delegates; the overall cost of the event; issues discussed; the decisions reached and actions to be taken to include timescales as a result of the conference; and if he will make a statement on the matter. [10393/04]

The EU youth Ministers conference held in County Clare in March 2004 had a total delegation of 170 and comprised Ministers, senior officials, non-governmental organisations' representatives, young people and invited guests. The estimated cost is €235,000, which will be funded in part by the European Commission.

The main aims of the conference were to permit a debate on the topic of young people and politics between all delegates, and to give an opportunity, in particular to young people, to express their views and expectations on the latter two priorities of the European Commission's White Paper on youth, voluntary activity and a greater understanding of youth. It is anticipated that the common objectives for these two priority areas will be presented to the Council of Education and Youth Ministers' November 2004 meeting. A report on the conference is being prepared and will be circulated when available.

Schools Building Projects.

Bernard J. Durkan

Ceist:

87 Mr. Durkan asked the Minister for Education and Science if he will sanction the purchase of a new site to facilitate a school (details supplied) in Dublin 9 having particular regard to the fact that the school is located in temporary accommodation for some considerable time and parents and teachers are anxious to put the school’s future on a firm footing; and if he will make a statement on the matter. [10410/04]

My Department is considering options for the long-term accommodation needs of Gaelscoil Cholmcille, including the possible purchase of a site. However, due to the commercial sensitivities surrounding site acquisitions the Deputy will appreciate that I am unable to comment on specific site purchase issues.

School Curriculum.

Bernard J. Durkan

Ceist:

88 Mr. Durkan asked the Minister for Education and Science if technology can be included in the leaving certificate syllabus to facilitate a person (details supplied) who proposes to pursue a career in the sciences, expects to be able to do so in the junior certificate, but has been informed that her needs cannot be accommodated in the leaving certificate syllabus; and if he will make a statement on the matter. [10411/04]

There is no follow-on subject in the senior cycle curriculum for the subject, technology, which is currently available to junior cycle students in some schools. The National Council for Curriculum and Assessment, NCCA, has devised a syllabus for a subject at leaving certificate level which will act as a direct follow-on for technology at junior cycle level, and this is being examined in my Department. No decision has been made at this stage on implementation in schools.

In the school concerned in this case, the three science subjects, physics, chemistry and biology, are available to the senior cycle students in the current academic year. A computer studies course is also available. Therefore, any student wishing to pursue a career in the sciences is well provided for by the school in terms of subjects that will give the breadth and depth that will act as an appropriate basis for study in this area at third level.

My advice to the student concerned is that she should consult the guidance counsellor and other relevant teachers in her school, regarding her career aspirations and, in particular, her choice of subjects for senior cycle. There is also a range of educational and awareness initiatives currently operating in the science-engineering careers area, which are supported by my Department, and which students, parents and teachers can contact for advice and information with regard to careers in the fields of engineering and science. These include the Institution of Engineers of Ireland and the science, technology and engineering programme for schools, STEPS.

Schools Amalgamation.

Seán Crowe

Ceist:

89 Mr. Crowe asked the Minister for Education and Science if his attention has been drawn to the situation facing St. Kevin’s boys and St. Kevin’s girls school, Kilnamanagh, Tallaght, Dublin 24, at which school buildings are on land owned by the Catholic Church which the church now intends to sell, putting at risk classrooms, the school library and resource teacher classrooms; if his attention has further been drawn to the fact that the school is used by a range of groups, including children with disabilities, and is an essential part of the local community; if his Department has been in contact with the school or the church authorities with a view to possible purchase of the site to allow the school to stay in place; and if he will make a statement on the matter. [10428/04]

The chairperson of the boards of management of St. Kevin's boys and St. Kevin's girls national schools has written to the school planning section of my Department stating that the boards of management and staffs of the schools are considering the matter of amalgamating these schools. He has further stated that it is intended to consult with parents on this issue. Enrolments at both schools have been steadily declining in recent years. However, to date, no firm decision to actually amalgamate has been communicated to my Department.

If, after consultation with the relevant parties, a decision is taken to amalgamate the two schools, the level of accommodation required to facilitate the proposed amalgamated school will determine the future use of the school properties in question.

School Staffing.

Brian O'Shea

Ceist:

90 Mr. O’Shea asked the Minister for Education and Science , further to Parliamentary Question No. 94 of 25 March 2004, when sanction was granted by his Department for a permanent whole-time class III teacher post for the person involved; if the requirements of paragraphs two and five of circular 10/98 were satisfied; and if he will make a statement on the matter. [10429/04]

Sanction for appointment to a permanent whole-time teacher post in respect of the person named by the Deputy was conveyed by my Department to County Waterford VEC on 23 February 2000. The decision to offer a person a permanent whole-time teaching position following sanction is an operational matter to be dealt with by the particular VEC.

The criteria and conditions relating to permanent whole time appointments in respect of VTOS are set out in circular letter 10/98. This circular was issued to VECs in March 1998 and it is a matter for the VEC to implement the conditions outlined, including paragraphs 2 and 5, when making appointments.

Youth Services.

David Stanton

Ceist:

91 Mr. Stanton asked the Minister for Education and Science the progress in the appointment of the assessor of youth work; and if he will make a statement on the matter. [10430/04]

Section 16 of the Youth Work Act 2001 provides for the appointment of an assessor of youth work, whose functions will include the assessment, monitoring and review of youth work programmes and services. A job description for the position, as drafted by the national youth work advisory committee, is with my Department which is considering the further arrangements necessary for an appropriate recruitment and selection process for the position.

Industrial Disputes.

Seán Crowe

Ceist:

92 Mr. Crowe asked the Minister for Communications, Marine and Natural Resources if he will report on the steps he has taken to end the dispute at An Post. [10327/04]

The Labour Relations Commission has issued a framework document to An Post and the Communications Workers Union with a view to finding a resolution to the current difficulties. I understand that this document has been accepted by An Post and is still being considered by the CWU. Extensive contacts have been undertaken over the course of the last week involving all the major stakeholders, including the LRC, to find a basis on which both sides could commence negotiations. While this latest step represents significant progress, the challenge in finding a basis on which the LRC could get involved is an indication of how complex and deep seated the issues are and nobody should underestimate the difficulty of finding a resolution to the current dispute.

For my part, I emphasise that the Government and I are fully committed to the An Post ESOP in the context of the implementation of a recovery strategy for the company and provided that the terms of the agreement are complied with. It is clear that An Post customers are suffering serious inconvenience as a result of the dispute and companies which operate in a highly competitive business environment cannot afford any loss in competitiveness arising from an industrial relations issue outside their control.

Furthermore, the An Post financial position is such that a prolonged dispute could cause serious financial damage to the company. Fundamentally, An Post needs to restructure and needs to return to a firm financial footing if it is to be a strong player in the Irish postal market and to continue to provide quality services to customers and sustainable employment for staff. The recovery strategy approved by the board of An Post sets out the basis on which the company, in partnership with the trade unions, can move forward.

Electronic Communications Infrastructure.

Thomas P. Broughan

Ceist:

93 Mr. Broughan asked the Minister for Communications, Marine and Natural Resources if ComReg will update the universal service obligation for telecommunications operators to include a consumers’ right to a reasonable quality of functional Internet access in view of the fact that between 20% and 40% of households fail the quality test indicator for broadband; and if he will make a statement on the matter. [10397/04]

Regulation 3(2)(c) of the universal service regulations provides for the placing of obligations on designated undertakings to provide connections that shall be capable of allowing end users make and receive data communications at data rates that are sufficient to permit functional Internet access. Implementation of the aforementioned regulations is a matter for ComReg.

ComReg is currently in discussions with Eircom, the designated universal service provider, about ensuring that the Eircom network is capable of delivering the universal service obligations in regard to functional Internet access. Internet access at a broadband standard is not currently provided for under the USO. However, as broadband becomes more widely ubiquitous as a consumer technology, the appropriateness of including it within universal service obligations can be reviewed.

Search and Rescue Service.

Bernard J. Durkan

Ceist:

94 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if he has satisfied himself that the air and sea rescue service is sufficiently equipped and staffed to meet all likely possible requirements or emergencies; and if he will make a statement on the matter. [9338/04]

The Irish Coast Guard of my Department has the responsibility for the provision of the air and sea search and rescue service in the Ireland search and rescue region, SRR. Search and rescue, SAR, services in Ireland are provided through a combination of Irish Coast Guard emergency services and services provided by the Air Corps and a number of charitable and voluntary organisations dedicated to SAR.

The principal air and sea rescue resources in Ireland are Coast Guard and Air Corps 24-hour all-weather helicopters based at Dublin, Waterford, Shannon and Sligo airports, the coast-wide Coast Guard units, RNLI lifeboats and the community inshore rescue service. The Coast Guard co-ordinates search and rescue operations, including those services provided by charitable and voluntary bodies. It also ensures that appropriate equipment, facilities, personnel and training are in place among its many declared resources. Coast Guard rescue co-ordination centres at Dublin, Malin Head and Valentia and a nation-wide communications network are positioned and equipped to receive distress calls and co-ordinate response to incidents on land, around the coastline and sea areas within its areas of responsibility for search and rescue and casualty and pollution response.

While the challenges facing the Coast Guard continue to change and recognising the fact that the Coast Guard undertakes ongoing training and re-equipping, I am satisfied that the Coast Guard has adequate resources available to it to deal with its expected challenges.

Mobile Telephony.

Bernard J. Durkan

Ceist:

95 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources the steps he can take to bring about an improvement in the quality and coverage of the mobile telephone service; and if he will make a statement on the matter. [10398/04]

I have no function in the matter raised by the Deputy. The Communications (Regulation) Act 2002, outlines ComReg's role in protecting and promoting consumer interests. Under this Act, ComReg is mandated to ensure a high level of protection for consumers in their dealings with suppliers and to investigate complaints from consumers regarding the supply of and access to electronic communications services, networks and associated facilities.

Bernard J. Durkan

Ceist:

96 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if he has received an indication from the communications regulator with reference to a possible improvement in the quality and scale of the mobile telephone service; and if he will make a statement on the matter. [10399/04]

Bernard J. Durkan

Ceist:

97 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if he has received information from the communications regulator with a view to the upgrading of the mobile telephone service; and if he will make a statement on the matter. [10400/04]

Bernard J. Durkan

Ceist:

98 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if he has given instructions to the communications regulator with a view to a reduction in mobile telephone costs; and if he will make a statement on the matter. [10401/04]

I propose to take Questions Nos. 96 to 98, inclusive, together.

The Commission for Communications Regulation, ComReg, is responsible for the regulation of mobile phone operators in Ireland. Operators must meet the regulatory requirements of ComReg in running their network. Any upgrading of mobile phone networks to meet regulatory requirements would be planned, carried out and financed by the operators.

As a measure to increase competition in the mobile sector, I issued policy directions to ComReg under section 13 of the Communications (Regulation) Act 2002 last week. Included is a direction on national roaming that instructs ComReg, subject to the requirements of European and national law, to make use of its powers under existing legislation to examine mandating national roaming on existing GSM networks of mobile network operators who have significant market power in favour of other mobile network and virtual network operators on fair commercial terms.

As the Deputy will be aware, ComReg recently held a public consultation on its market analysis of wholesale mobile access and call origination. ComReg is currently studying the results of this public consultation and expects to be in a position to notify the European Commission of the results of this market analysis by the third quarter of 2004 and the remedies ComReg would propose to implement in the event of a finding of significant market power.

Fish Stocks.

Bernard J. Durkan

Ceist:

99 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources the steps he proposes to take along with his EU colleagues to protect fish stocks and the incomes of those involved in the fishing industry; and if he will make a statement on the matter. [10402/04]

Bernard J. Durkan

Ceist:

101 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if, unilaterally or under the aegis of the EU, he has devised means to protect the income of fishing families in view of the need to restrict fishing for certain species; and if he will make a statement on the matter. [10404/04]

I propose to take Questions Nos. 99 and 101 together.

Against a backdrop of declining whitefish stocks in particular and consequent restrictions on catch levels, the primary challenge facing fishermen and their families at the present time concerns the need for effective conservation measures to provide for the sustainable exploitation of these stocks into the future.

Ireland has been at the forefront at EU level in pushing for enhanced technical conservation measures to protect fish stocks. This issue was addressed in detail at a ministerial and stakeholders' conference on fast tracking the development of environmentally friendly fishing methods which I hosted in early March. The overriding consensus at this conference was that better and smarter fishing and the development of environmentally friendly fishing methods has a critical role to play in the fishing industry going forward. I intend, as President of the Council of Fisheries Ministers, to make significant progress on this issue during Ireland's Presidency of the EU.

This emphasis in ensuring sustainability of fish stocks will help to safeguard the future income of Irish fishermen. I would also highlight the fishing assist scheme which was introduced for the purpose of protecting the livelihoods of fishermen during periods when they are unable to fish and have very low incomes. This scheme represents an important element of support for fishermen and their families.

Bernard J. Durkan

Ceist:

100 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources the species of fish deemed to be most threatened due to over-fishing; the steps taken or likely to be taken to address the issue; and if he will make a statement on the matter. [10403/04]

The Marine Institute carries out Irish stock monitoring programmes which feed into the work of other scientific bodies to determine the current status of EU fish stocks. Recent scientific advice indicated that many stocks appeared to be outside safe biological limits. In so far as the areas and species most affected are concerned, there is particular concern about a number of key whitefish stocks of importance to Irish fishermen, in particular cod in the Irish Sea, cod to the west of Scotland and northern hake. Accordingly, stock recovery measures have been introduced for Irish Sea cod, northern hake and cod in the North Sea and west of Scotland.

Ireland has been at the forefront at EU level in pushing for enhanced technical conservation measures to protect fish stocks. This issue was addressed in detail at a ministerial and stakeholders' conference on fast tracking the development of environmentally friendly fishing methods which I hosted in early March. The overriding consensus at this conference was that better and smarter fishing and the development of environmentally friendly fishing methods have a critical role to play in the conservation of fish stocks going forward. As President of the Council of Fisheries Ministers, I intend to make significant progress on this issue during Ireland's Presidency of the EU.

Question No. 101 answered with QuestionNo. 99.

Common Fisheries Policy.

Bernard J. Durkan

Ceist:

102 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if he and his EU colleagues have identified the countries which are contributing most to over-fishing; and if he will make a statement on the matter. [10405/04]

The Commission has drawn up a "scoreboard" which details instances of infringements by member states in a number of areas, including over-fishing of quotas. I have arranged for a copy of the "scoreboard" to be forwarded to the Deputy directly.

The Common Fisheries Policy, CFP, contains provisions for member states to take the inspection and enforcement measures necessary to ensure compliance with its rules, including those relating to fishing within the quotas allocated to member states. It also provides for member states to follow up on infringements and to impose sanctions where appropriate. While the precise penalties to be taken are a matter for national legal jurisdiction, it is prescribed that these must act as a deterrent in respect of the offence in question.

Effective enforcement of conservation rules is a priority for all member states and each member state has a clear responsibility to monitor and control fishing activity within their respective jurisdictions. This component of the Common Fisheries Policy is receiving increasing attention and emphasis within the EU and I am pleased to say that the level of co-operation between member states is also increasing. The challenge of achieving effective control and enforcement of fisheries' rules is ongoing and requires close collaboration and co-operation between member states.

Marine Safety.

Bernard J. Durkan

Ceist:

103 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources the extent to which all seagoing vessels are inspected for health and safety purposes; and if he will make a statement on the matter. [10406/04]

Bernard J. Durkan

Ceist:

104 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources the extent to which all tankers carrying oil, waste or hazardous substances are inspected to ensure compliance with crewing levels and health and safety procedures; and if he will make a statement on the matter. [10407/04]

I propose to take Questions Nos. 103 and 104 together.

As I have previously informed the House, standards for all seagoing vessels including tankers carrying oil, waste or hazardous substances are developed and adopted at international level, principally by way of international and EU Safety Conventions and regulations. These standards cover issues which include health and safety and crewing levels on board vessels.

Under Irish and international law all vessels trading into and out of Irish ports are required to carry the appropriate certification to demonstrate compliance with International Maritime Organisation — IMO — and International Labour Organisation — ILO — requirements.

All vessels are subject to surveys and inspections by their flag states and, under the European Union's port state control system, all foreign-flagged vessels using community ports are liable to inspections by any of the EU states they are visiting.

Port state control verifies that the condition of the ship and its equipment comply with the requirements of international regulations and that the ship is manned and operated in compliance with these safety rules. The international conventions covered by these inspections include the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, the STCW Convention. All crew on board a vessel must have proper certification to ensure that they are suitably trained and can adequately and safely discharge the duties of the positions they hold. On the basis of an EC directive, all EU member states are obliged to inspect at least 25% of all foreign ships entering their ports. The application of port state control ensures that at any given time a large number of ships operating within community waters has undergone an inspection by an EU Port State Control authority.

The surveying staff attached to the maritime safety directorate of my Department carry out the enforcement of all such regulations. The surveyors assign priority to foreign registered vessels that have had adverse inspection reports elsewhere or which fall into certain targeted categories. During 2003 my Department's surveyors inspected 430 foreign vessels under the port state control system, which represented an inspection rate of over 30%. Ireland therefore exceeded its goal of 25% inspection rate for foreign ships entering Irish ports during 2003.

The surveyors also inspect Irish registered vessels at least annually. When such vessels are found to be deficient, they are detained until the necessary repairs have been carried out. I believe that the monitoring of vessels by regular inspections is proving to be an effective measure in encouraging full compliance with crewing levels and health and safety procedures and is an effective method in ensuring that the vessels operating into and out of Irish ports and waters are complying with international convention requirements.

Offshore Exploration.

Bernard J. Durkan

Ceist:

105 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources the most recent results of exploration for oil, gas or other minerals; and if he will make a statement on the matter. [10408/04]

The Dooish exploration well, which was drilled in 2002 by Enterprise Energy Ireland — now Shell E&P Ireland — off the Donegal coast and which discovered a hydrocarbon accumulation, was re-entered and deepened in 2003. Drilling commenced on 11 May 2003 and the well was plugged having confirmed the existence of a substantial gas condensate column, and the rig moved off-site on 30 July 2003. Both my Department and Shell E&P are continuing to analyse the well results and integrate them with other data from the area. Further technical work on the prospect will be required before the size of the gas condensate accumulation and the possibility for any commercial development can be accurately assessed.

Drilling commenced on Statoil's Cong exploration well in the Erris Basin on 5th August 2003 and the well was plugged and abandoned as a dry hole on 16 December 2003. With regard to non-petroleum minerals, I refer the Deputy to my reply to a similar question, Question No. 333 on 24 February 2004. The position has not changed since then.

Fisheries Protection.

Bernard J. Durkan

Ceist:

106 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if he has satisfied himself with the adequacy of fisheries protection; and if he will make a statement on the matter. [10409/04]

My first priority remains to ensure compliance with the conservation rules by all fishing vessels operating in Irish waters. To this end fisheries protection patrols are carried out by vessels of the Naval Service and aerial patrols by the Air Corps. In addition, the sea fisheries control division of my Department carries out port-based controls on landings into Ireland.

At EU level, I am continuing to press for the effective enforcement of fisheries regulations in an even-handed manner by all member states. The viability of the resource and the interests of fishermen depend on the compliance with the rules of all vessels fishing irrespective of origin. As a consequence of the reform of the Common Fisheries Policy completed in December 2002, a strengthened control and enforcement framework was agreed. Within this framework, I will continue to work to push for and support control measures that deliver the necessary protection against over fishing and that support conservation measures generally.

Sports Capital Programme.

Paddy McHugh

Ceist:

107 Mr. McHugh asked the Minister for Arts, Sport and Tourism if a sports capital grant 2004 will be awarded to the Father Sammon Centre, Monivea, County Galway; and if he will make a statement on the matter. [10387/04]

The national lottery-funded sports capital programme, which is administered by my Department, allocates funding to sporting and community organisations at local, regional and national level throughout the country. The programme is advertised on an annual basis.

The 2004 sports capital programme was advertised in the national newspapers on 30 November and 1 December 2003. The closing date for receipt of applications was 16 January 2004. A total of 1,304 applications were received before the closing date, including one from the organisation in question. All applications are currently being evaluated against the programme's assessment criteria, which are outlined in the guidelines, terms and conditions of the programme. I intend to announce the grant allocations for the programme as soon as possible after the assessment process has been completed.

Child Abuse.

Jan O'Sullivan

Ceist:

108 Ms O’Sullivan asked the Minister for Health and Children the support available for the medical, including psychiatric, costs of survivors of child abuse; and if he will make a statement on the matter. [10341/04]

Following the Taoiseach's apology in May 1999 a strategy was put in place to assist those who, as children, suffered abuse in residential institutions. Part of this strategy included the provision of counselling free of charge through the National Counselling Service. The National Counselling Service was established in 2000 because of the fact that no such national service existed prior to this and it is open to all victims of child abuse with priority being given to those who were resident in institutions as children.

It is recognised that not all survivors of institutional abuse would be willing or in a position to attend a State run counselling service. As a result my Department provides funding for private counselling for survivors of institutional abuse who are resident in Ireland and who do not wish to avail of this service. A counselling service, provided by Immigrant Counselling and Psychotherapy, ICAP, is also funded in the UK for those survivors who are resident there. Funding for private counselling is available to residents in the UK who were abused as children in institutions here but who do not wish to attend ICAP services and for those who are now residing in countries other than Ireland and the UK.

In relation to other services, survivors access the existing health services. From time to time an exceptional case arises where a service is not available, and the question of providing financial support is examined on a case by case basis in my Department.

Mental Health Services.

Finian McGrath

Ceist:

109 Mr. F. McGrath asked the Minister for Health and Children the number of psychiatric patients living in the wider community; the services available to them; and if he is aware of the many patients that do not have proper back-up community service. [10342/04]

My Department does not record the number of people within the community who avail of mental health services during the course of their lives. The World Health Organisation indicated that one in four people will suffer a mental disorder at some time in their lives. Five of the ten most disabling disorders are psychiatric in nature. Unipolar depression, alcohol misuse, bipolar affective disorder or manic depression, schizophrenia and obsessive compulsive disorder are among the ten leading causes of disability worldwide.

In recent years substantial progress has been made in ensuring that those in need of mental health services receive care and treatment in the most appropriate setting. Health boards have developed, and will continue to develop, a modern comprehensive community based mental health service. This has resulted in a continuing decline in the number of inpatients from 5,192 in 1997 to 3,966 in 2002. There was a corresponding increase in the provision of a range of care facilities based in the community. There are approximately 410 community psychiatric residences here providing over 3,100 places. Statistics compiled by the Health Research Board indicate that there were 239 out-patient clinics held throughout Ireland in 2002, with 245,239 attendances. There were 63 day hospitals with a total of 982 places and 174,893 attendances and there were 116 day centres with 2,458 places and 432,460 attendances.

Smoking Regulations.

Finian McGrath

Ceist:

110 Mr. F. McGrath asked the Minister for Health and Children the reason hospitals can provide beautiful designated smoking areas, yet citizens are prevented from having a drink and a cigarette, pipe or cigar in their local pub. [10343/04]

A decision to provide an outdoor smoking shelter for staff, customers or patients is a matter for the management of the premises concerned. The specifications of such a shelter are provided for in the Public Health (Tobacco) Acts 2002 and 2004.

Finian McGrath

Ceist:

111 Mr. F. McGrath asked the Minister for Health and Children the safety measures he will put in place to protect herbal cigarette smokers from abuse in their local pubs. [10344/04]

Herbal cigarettes are not classified as tobacco products. Smoking them is not prohibited under the smoke free workplaces measures. A decision to allow their consumption in premises where the smoking of tobacco products is prohibited is a matter for the management of the premises concerned.

Hospital Waiting Lists.

Finian McGrath

Ceist:

112 Mr. F. McGrath asked the Minister for Health and Children the position regarding waiting lists for patients nationally; and if he will make a statement on the matter. [10345/04]

Waiting times have been reduced. The number of adults waiting more than 12 months for inpatient treatment in the nine target surgical specialties has fallen by approximately 42% from 6,273 to 3,658 between September 2002 and September 2003. The number of children waiting more than six months for in-patient treatment for the same target surgical specialties has decreased by 39%, from 1,201 to 734 in the same period.

The national treatment purchase fund is continuing to target those adults and children waiting longest for treatment. In most instances the fund will facilitate adults waiting more than six months and children waiting more than three months. Patients can be treated a lot quicker, in many instances, if patients are prepared to travel to where there is capacity. To date the fund has arranged treatment for approximately 12,000 patients.

I have decided to give a significant lead role to the NTPF in targeting waiting times for patients. I increased its funding in 2004 and raised the overall allocation to €44 million.

Housing Aid for the Elderly.

Michael Ring

Ceist:

113 Mr. Ring asked the Minister for Health and Children when a person (details supplied) in County Mayo will be assessed for grant aid under the special housing aid for the elderly scheme. [10363/04]

The provision of health services in the Mayo area is, in the first instance, the responsibility of the Western Health Board. My Department has, therefore, asked the chief executive of the board to investigate the matter raised by the Deputy and reply directly to him as a matter of urgency.

Grant Payments.

Michael Ring

Ceist:

114 Mr. Ring asked the Minister for Health and Children if lottery funding will be allocated for a club (details supplied) in County Mayo. [10364/04]

The organisation sought €19,000 from the 2004 allocation of national lottery funds. It wants to provide a heating system for a centre.

There is a protocol in my Department for processing applications for such grants. Completed application forms are registered in my Department's finance unit and forwarded to the relevant services division for assessment, evaluation and recommendation. All applications are then considered in the context of the recommendation and the overall level of funds available. The application is one of many under consideration. The organisation will be informed as soon as a decision is made. Grants are paid to organisations within the year of approval except where an application is funded over more than one year.

Medical Cards.

Bernard J. Durkan

Ceist:

115 Mr. Durkan asked the Minister for Health and Children when medical cards will be awarded to persons (details supplied) in County Kildare; and if he will make a statement on the matter. [10365/04]

Responsibility for the provision of a medical card is, by legislation, a matter for the chief executive officer of the relevant health board or authority. My Department has asked the CEO of the Eastern Regional Health Authority to investigate the matter and to reply to the Deputy directly.

Home Help Service.

Fergus O'Dowd

Ceist:

116 Mr. O’Dowd asked the Minister for Health and Children if, further to Question No. 118 of 24 March, the way in which the increased budget allocation in 2004 of €0.313 for home help in the North Eastern Health Board will be allocated; the amount given to each county in the health board area; and the number of persons who will benefit in each county. [10377/04]

My Department does not routinely collate such information. It asked the board to forward the information to the Deputy, as a matter of urgency.

Fergus O'Dowd

Ceist:

117 Mr. O’Dowd asked the Minister for Health and Children the number of home helps employed by the NEHB in each county in the health board region from 1997 to date. [10378/04]

My Department does not routinely collate such information. It asked the board to forward the data to the Deputy, as a matter of urgency.

Fergus O'Dowd

Ceist:

118 Mr. O’Dowd asked the Minister for Health and Children if, further to Question No. 118 of 24 March, the home help budget for each of the counties in the NEHB’s area for each year since 1997; and the overspend in each county for each year to date. [10379/04]

My Department does not routinely collate such information. It asked the board to forward the information to the Deputy, as a matter of urgency.

Community Care.

Fergus O'Dowd

Ceist:

119 Mr. O’Dowd asked the Minister for Health and Children the number of home helps in County Louth who have been laid off without notice or redundancies in the past year; and if he will make a statement on the matter. [10380/04]

The information requested by the Deputy is not routinely collated in my Department. My Department has, therefore, asked the North Eastern Health Board to provide the information, which will be forwarded to the Deputy as a matter of urgency.

Hospitals Building Programme.

Fergus O'Dowd

Ceist:

120 Mr. O’Dowd asked the Minister for Health and Children if the North Eastern Health Board is proposing to build a new regional hospital with a bed complement of approximately 500; and if he will make a statement on the matter. [10381/04]

Responsibility for the provision of acute hospital services in the north eastern region rests with the North Eastern Health Board. My Department has, therefore, asked the chief executive officer of the board to investigate the matter raised by the Deputy and to reply to him directly.

Hospital Accommodation.

Fergus O'Dowd

Ceist:

121 Mr. O’Dowd asked the Minister for Health and Children his views on the bed crisis at Louth County Hospital, Dundalk. [10382/04]

Responsibility for the provision of services at Louth County Hospital, Dundalk rests with the North Eastern Health Board. My Department has, therefore, asked the CEO of the board to investigate the matter raised by the Deputy and to reply to him directly.

Under the bed capacity initiative, an additional 14 beds have been funded and commissioned at the hospital in order to alleviate service pressures.

Services for People with Disabilities.

Bernard J. Durkan

Ceist:

122 Mr. Durkan asked the Minister for Health and Children if and when a disabled person’s grant will be approved or issued in the case of a person (details supplied) in County Kildare who is attempting to facilitate two family members with special needs; and if he will make a statement on the matter. [10413/04]

The provision of health related services for people with physical and/or sensory disabilities is a matter for the Eastern Regional Health Authority and the health boards in the first instance. Accordingly, the Deputy's question has been referred to the CEO of the Eastern Regional Health Authority with a request that he examine the matter and reply directly to the Deputy as a matter of urgency.

Drug Treatment Programme.

Bernard J. Durkan

Ceist:

123 Mr. Durkan asked the Minister for Health and Children when a drug treatment programme is likely to be offered to a person (details supplied) in County Dublin; and if he will make a statement on the matter. [10415/04]

The provision of drug treatment services is the statutory responsibility of the health boards in the first instance. In this case, the responsibility rests with the South Western Area Health Board of the Eastern Regional Health Authority. My Department has requested the regional chief executive of the Eastern Regional Health Authority to look into the matter and to reply directly to the Deputy.

Child Care Services.

Róisín Shortall

Ceist:

124 Ms Shortall asked the Minister for Health and Children, further to Question No. 392 of 23 March 2004, if the onward placement for this person to a centre (details supplied) on the impending closure of City Lodge was withdrawn on 24 March 2004; if his attention has been drawn to the fact that this withdrawal was due to serious concerns as previously highlighted by the person’s court appointed guardian ad litem; if his attention has further been drawn to the fact that good practice in relation to care planning for individual children and young persons, including the Statutory Child Care Regulations 1995, requires sufficient time for this person’s care plan to be revised with clinical input by their consultant psychiatrist and for the proposed alternative referral to be properly considered by the person and their court appointed guardian ad litem; if this vital care planning stage will not be pre-empted by moving this person prematurely from their present placement; if, therefore, in accordance with the undertaking given by him on 23 March 2004 that City Lodge will not be closed down until the person has been moved to their new accommodation, he will reverse the instructions to the manager of City Lodge to close same on the 5 April 2004 and allow City Lodge to remain open until a date yet to be determined. [10424/04]

As stated in a previous response to the Deputy in this regard, City Lodge Hostel was opened by the South Western Area Health Board in December 2000 to fulfil the need, on a temporary basis, for additional emergency accommodation for young people out of home. It was initially envisaged that this would be a temporary service for a short period of time, as the building was not considered ideal on a long-term basis. Consequently, while City Lodge has served a very useful purpose over the last three years the board has decided to wind it down in the light of the broader development of services, which have been taking place as part of the regional youth homeless action plan.

Hospice Services.

Denis Naughten

Ceist:

125 Mr. Naughten asked the Minister for Health and Children if he will approve the appointment of three nurses to the hospice unit at the Plunkett Home, Boyle, County Roscommon; the reason for the delay in opening this unit; and if he will make a statement on the matter. [10425/04]

As the Deputy will be aware, responsibility for the provision of health services in the Roscommon area rests with the Western Health Board in the first instance. The board has advised my Department that a sum of €0.7 million has been allocated in the board's 2004 service plan for the opening of the palliative care facility in the Plunkett Home in Boyle. The board has also conducted a review of staffing levels and patient ratios at the Plunkett Home and as a result of this review, ongoing discussions are being held with staff and the unions in relation to the numbers and skill mix of staff that will be required for the service in the long term, inclusive of the palliative care facility. The board is committed to opening the palliative care facility as planned but, in doing so, it must ensure that there is adequate staffing to provide a safe and quality service.

Denis Naughten

Ceist:

126 Mr. Naughten asked the Minister for Health and Children the plans there are to reduce the number of long stay beds at the Plunkett Home, Boyle, County Roscommon by 25; the future plans for this facility; and if he will make a statement on the matter. [10426/04]

As the Deputy will be aware, responsibility for the provision of health services in the Roscommon area rests with the Western Health Board in the first instance. The board has advised my Department that it has invested significantly over the last two years in upgrading the Plunkett Home in Boyle and staffing levels have also been increased. The board has undertaken a review of the staffing levels and patient ratios at the Plunkett Home and ongoing discussions are being held with staff and the unions regarding the numbers and skill mix of staff that will be required for the service in the long term. No decision has been made in relation to a reduction in bed numbers or staffing at the Plunkett Home in Boyle.

Hospital Services.

Willie Penrose

Ceist:

127 Mr. Penrose asked the Minister for Health and Children if a person (details supplied) in County Westmeath will be given an ENT appointment as soon as possible; and if he will make a statement on the matter. [10436/04]

Responsibility for the provision of hospital services to residents of County Westmeath rests with the Midland Health Board. My Department has, therefore, asked the CEO of the board to investigate the position on this case and to reply to the Deputy directly.

Driving Tests.

Brian O'Shea

Ceist:

128 Mr. O’Shea asked the Minister for Transport , further to Question No. 122 of 25 March 2004, the reason Dungarvan has the longest waiting time for a driving test in Europe; and if he will make a statement on the matter. [10371/04]

Brian O'Shea

Ceist:

129 Mr. O’Shea asked the Minister for Transport if, further to Question No. 122 of 25 March 2004, the reason Waterford has the second longest waiting time for a driving test in Europe; and if he will make a statement on the matter. [10372/04]

Brian O'Shea

Ceist:

130 Mr. O’Shea asked the Minister for Transport the reason the average waiting time for a driving test here is 40 weeks while the waiting time in Northern Ireland is a month to six weeks; and if he will make a statement on the matter. [10373/04]

I propose to take Question Nos. 128 to 130, inclusive, together.

I refer the Deputy to my reply to Question No. 122 on 25 March 2004 which set out the background to the increase in waiting times for driving tests and the measures being taken to reduce the numbers waiting. The allocation of driver testers to test centres is kept under review having regard to the demand for tests and the waiting times at the Waterford and Dungarvan test centres will be addressed in this context.

Willie Penrose

Ceist:

131 Mr. Penrose asked the Minister for Transport if an application for a driving competency test made by a person (details supplied) in County Westmeath will be expedited; and if he will make a statement on the matter. [10438/04]

The person concerned had an appointment for a driving test on 29 January 2004. The test was not conducted as the applicant's provisional driving licence had expired. There is no record of any further application having been received in my Department from the person concerned.

Asylum Applications.

Joe Costello

Ceist:

132 Mr. Costello asked the Minister for Justice, Equality and Law Reform the number of asylum seekers who have been issued with deportation orders in each month since January 2002; the number who have Irish born children issued with deportation orders in each month since January 2002; the number of persons affected by the issue of deportation orders in each month since January 2002; and if he will make a statement on the matter. [10336/04]

I should say at the outset that asylum seekers have a right of temporary residence in the State while their applications are being processed and are not considered for deportation unless their applications are refused or they are transferred to another EU State pursuant to the Dublin Convention to have their asylum applications processed there.

Section 3(2) of the Immigration Act 1999, as amended, allows the Minister to make deportation orders in respect of nine categories of person. These include asylum seekers who have failed in their applications or asylum seekers whose applications are being transferred under the Dublin Convention. Separate statistics in relation to the different categories are not maintained by my Department but the vast majority of deportations are in respect of failed asylum seekers.

Irish born children are not deported from the State but usually accompany their parents, who themselves are the subject of deportation orders, back to their countries of origin. The statistics requested are as follows:

Month

Year

Number of parents of Irish born children deported

July

2002

2

February

2003

2

April

2003

1

May

2003

4

July

2003

4

August

2003

4

September

2003

1

October

2003

1

February

2004

2

March

2004

4

The number of deportation orders made together with the number of deportation orders effected by the Garda National Immigration Bureau in 2002, 2003 and to date in 2004 is as follows:

Orders made and effected during 2002

Jan

Feb

Mar

Apr

May

Jun

July

Aug

Sep

Oct

Nov

Dec

Orders made

317

249

280

166

172

249

242

209

133

62

186

50

Orders effected

29

58

74

35

42

44

68

39

52

27

26

27

Orders made and effected during 2003

Jan

Feb

Mar

Apr

May

Jun

July

Aug

Sep

Oct

Nov

Dec

Orders made

204

102

69

106

203

50

231

81

210

360

374

46

Orders effected

53

51

43

26

49

38

51

47

40

66

77

49

Orders made and effected from 1 Jan 2004 — 31 March 2004

Jan 2004

Feb 2004

to 31 March 2004

Orders made

348

166

69

Orders effected

38

108

72

Child Care Services.

Paddy McHugh

Ceist:

133 Mr. McHugh asked the Minister for Justice, Equality and Law Reform if his Department has carried out an appraisal of the application for a child care facility received from Tuam resource centre; if the appraisal has been positive; if a grant will be made available to the resource centre to enable the project to proceed; the reasons for the delay in processing this application; and if he will make a statement on the matter. [10338/04]

The day to day administration of the Equal Opportunities Childcare Programme 2000 — 2006 is undertaken by Area Development Management Limited, which has been engaged by my Department to carry out thorough assessments of all applications for grant assistance under the programme, on my behalf. All large scale capital projects are referred by ADM Limited to an independent external building specialist to assess the suitability of the proposal and its value for money.

I am aware that there has been significant ongoing dialogue between the group and ADM Limited with regard to this application. On completion of the assessment process this application will be considered by the programme appraisal committee, chaired by my Department, which will make a funding recommendation to me before I make a final decision on the matter.

Proposed Legislation.

Finian McGrath

Ceist:

134 Mr. F. McGrath asked the Minister for Justice, Equality and Law Reform the position regarding the proposed disability Bill; and when it will be introduced. [10339/04]

It is my intention to circulate a disability Bill as soon as possible in the coming weeks. Given the complex and cross cutting issues involved, the preparation of the Bill is being overseen by the Cabinet Committee on Social Inclusion. The committee and the Government are finalising their deliberations about the Bill with a view to its publication at the earliest possible date.

The disability Bill is a key part of the framework being put in place by the Government to underpin the equal participation by people with disabilities in Irish society and includes: the Education for Persons with Disabilities Bill 2003, which is on Report Stage in the Dáil; the Comhairle (Amendment) Bill which is being prepared in the Department of Social and Family Affairs in relation to the provision of advocacy services; sectoral plans for key public services; and equality legislation to be updated by the Equality Bill 2004, which is currently on Second Stage in the Dáil.

Public Order Offences.

Finian McGrath

Ceist:

135 Mr. F. McGrath asked the Minister for Justice, Equality and Law Reform his plans to deal with anti-social behaviour and binge drinking on streets; and if he will make a statement on the matter. [10340/04]

I have been informed by the Garda authorities that a range of initiatives are ongoing in Dublin to prevent anti-social behaviour and other breaches of the law, including Operation Encounter, Operation Boulevard and the city centre policing initiative. The main thoroughfares in Dublin city centre, and its environs, are covered by a comprehensive system of CCTV cameras which are monitored from city centre Garda stations.

I have been further informed that mobile units, both uniform and plain clothes, carry out regular patrols in areas targeted by gardaí as susceptible to anti-social behaviour. Gardaí are aware of the problems associated with anti-social behaviour which can be experienced by some communities. Local communities have dedicated community gardaí assigned to their area who meet regularly with the local residents to offer advice and to try and address any difficulties being experienced by the local residents. The mountain bike unit also provide high visibility in areas of high density population. Patrols are further augmented by the divisional crime task force, detective units, special resource units and, in particular, traffic units. Garda management in the Dublin metropolitan region is satisfied that the personnel and resources currently in place in the region are adequate to meet the present policing needs.

The Intoxicating Liquor Act 2000 provides for considerable strengthening of those provisions which already existed in the Intoxicating Liquor Act 1988 on the supply or sale of intoxicating liquor to underage persons, including increases in fines for breaches of the law on underage drinking. Serious penalties, including the temporary closure of a licensed premises, can result where a licensee is convicted of the offence of selling intoxicating liquor to an under-age person.

Reductions in violence and public order offences followed the enactment of the Criminal Justice (Public Order) Act 2003 and the Intoxicating Liquor Act which give significant additional powers to the Garda to deal with public order and street crime,

Finally, it must be said that while legislative measures, together with initiatives such as an age card scheme, can help to curtail the problem of under age drinking, they cannot be viewed as the only solution. Dealing with the demand side of the under age drinking problem should not be seen as the province of the State agencies alone. In reality, it falls on all parties with an interest in this area, the drinks industry, the media, politicians, teachers and in particular, parents, to play their part in helping to address the problem of alcohol abuse, with special regard to young people.

Residency Permits.

Tony Gregory

Ceist:

136 Mr. Gregory asked the Minister for Justice, Equality and Law Reform the position regarding the application by a person (details supplied) for residential status on humanitarian grounds. [10355/04]

The person in question arrived in the State on 24 August 2001 and made an asylum application. Her asylum claim was refused on 8 November 2002 and again on appeal on12 May 2003. On 18 September 2002 she gave birth to a child in the State and made an application for residency on the basis of parentage of that child.

Following the decision of the Supreme Court in the cases of L & O, the separate procedure which then existed to enable persons to apply to reside in the State on the sole basis of parentage of an Irish born child ended on 19 February 2003. The Government decided that the separate procedure would not apply to cases which were outstanding on that date. There are a large number of such cases outstanding at present, including the case to which the Deputy refers. Since the person in question does not have an alternative legal basis for remaining in this jurisdiction the issue of permission to remain will be considered, but only in the context of a ministerial proposal to deport her. In that context she has already been notified of such a proposal on 12 May 2003 and was given an opportunity to make representations in relation to it. If, in the light of those representations and the range of factors set out in section 3(6) of the Immigration Act, 1999, the Minister decides not to make a deportation order she will be given leave to remain on a humanitarian basis. Because of the large number of such cases on hand I am unable to say at this stage when the file will be further examined.

Prisoner Transfers.

Jack Wall

Ceist:

137 Mr. Wall asked the Minister for Justice, Equality and Law Reform if a person (details supplied) in County Kildare can be transferred to the Midlands Prison, Portlaoise, to help their family visit and overcome the problems in regard to visiting at present; if there is training available for this person; and if he will make a statement on the matter. [10356/04]

The person referred to by the Deputy is serving an 18 month sentence in St. Patrick's Institution and is scheduled for release on 11 March 2005. I am informed that there is no record that this person has applied for a transfer to the Midlands Prison. Should he wish to be transferred from St. Patrick's Institution, it is open to him to apply through the governor of the institution.

The Deputy will be aware of the attempts to address the unsustainable overtime costs associated with the prison service in recent times. Neither I nor the Minister for Finance could, in all good conscience, allow the tax payer to continue to fund these payments without making real efforts to address this situation. As a result, each prison governor is now required to operate within a weekly budget and overtime hours are only sanctioned for essential services. There has, unfortunately, been a necessary curtailment to some of the services provided in our prisons as the staff normally deployed there have had to be reassigned elsewhere to cover emergency situations such as unplanned court or hospital escorts. The workshops in St. Patrick's Institution are among the services which have been affected temporarily and accordingly there is limited work training available there at this moment in time. It is anticipated that these services will be restored if agreement is reached with the Prison Officers' Association on revised manning levels, rostering arrangements and other associated issues.

Garda Stations.

Emmet Stagg

Ceist:

138 Mr. Stagg asked the Minister for Justice, Equality and Law Reform if the accommodation requirements of the Garda for the new station in Leixlip, County Kildare have been finalised; if so, the details of same; if the OPW has been requested to provide a revised design sketch scheme for the project; and if he will make a statement on the matter. [10368/04]

I can inform the Deputy that the finalised brief of Garda requirements for Leixlip, recently received in my Department, has been passed to the Office of Public Works with a request that it provide a revised sketch scheme for further consideration. The brief is comprehensive and includes all the facilities considered necessary by the Garda authorities.

Garda Strength.

Fergus O'Dowd

Ceist:

139 Mr. O’Dowd asked the Minister for Justice, Equality and Law Reform the number of gardaí on duty in County Louth on St. Patrick’s Day 2004 in the towns of Drogheda, Dundalk and Ardee; and if he will make a statement on the matter. [10385/04]

I have been informed by the Garda authorities which are responsible for the detailed allocation of resources, including personnel, that the personnel strength at all ranks of Drogheda, Dundalk and Ardee Garda stations and the Louth-Meath division on 17 March 2004 is as follows: Drogheda, 85; Dundalk, 94; Ardee, 10; Louth/Meath Division, 524. For operational reasons it is not proposed to disclose the numbers of gardaí on duty in these areas on the date in question.

Crime Levels.

John Gormley

Ceist:

140 Mr. Gormley asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the fact that there has been an increase in vandalism in the Pudding Row area of Dublin South East and that residents are not just concerned with damage to cars and homes but also have been subjected to intimidation; and if he will make a statement on the matter. [10394/04]

I am informed by the Garda authorities that the area in question is regularly patrolled by uniform and plain clothes gardaí from Pearse Street Garda station with a view to ensuring a concentrated and visible Garda presence in the area. These patrols are backed up by gardaí from the divisional crime task force, special resource unit, drugs unit, Garda mountain bike unit and the community policing unit.

I am assured that the policing strategies in place are adequate to meet the requirements of the local and business communities and are kept under constant review by senior Garda management to ensure that resources can be targeted to specific areas as required.

Garda Security.

Aengus Ó Snodaigh

Ceist:

141 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the estimated cost to the State of security associated with the visit of Charles Windsor to Lismore, County Waterford on the weekend of 20-21 March 2004. [10422/04]

I have been informed by the Garda authorities which are responsible for the detailed allocation of resources, including personnel, that the estimated cost of Garda security in the instance referred to by the Deputy was €65,561.

Residency Permits.

Aengus Ó Snodaigh

Ceist:

142 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the status of the residency application of a person (details supplied); and when this person can expect a decision in the case. [10423/04]

The person in question had permission to remain in the State on the basis that she was attending an English language school. This permission expired on 6 January 2004. I am informed that she recently called to the registration office of the Garda national immigration bureau requesting that her permission to remain be renewed on the basis that she was now married to an Irish national. She was advised that she should make a written application in this regard to the immigration division of my Department. There is no record that such application has been received to date.

Garda Investigations.

Tony Gregory

Ceist:

143 Mr. Gregory asked the Minister for Justice, Equality and Law Reform if he has made a decision on the request for a new inquiry into the Grangegorman murders; and if he will make a statement on the matter. [10431/04]

As I have previously outlined to the House, I am in the process of consulting with the Garda authorities and the Office of the Attorney General in order to assist me in making a decision on the request for a new inquiry into the Grangegorman murders. I will make a decision on the request as soon as all relevant advice is received and considered.

Crime Levels.

Joe Costello

Ceist:

144 Mr. Costello asked the Minister for Justice, Equality and Law Reform if he will take the necessary measures to deal with the alarming increase in drug pushing in the environs of Our Lady of Lourdes Church, Sean MacDermott Street, which has become the worst such location in Dublin city; and if he will make a statement on the matter. [10432/04]

I am informed by the Garda authorities that local Garda management are aware of the drug problem in the environs of Our Lady of Lourdes Church, Sean MacDermott Street.

One of the main suppliers has been arrested on two occasions. I understand that he has subsequently fled this jurisdiction. There have been a number of arrests this year leading to seizures and charges. I am assured by the Garda authorities that the area will continue to receive ongoing attention.

Site Remediation.

David Stanton

Ceist:

145 Mr. Stanton asked the Minister for the Environment, Heritage and Local Government the action the Government is taking to ensure that a site (details supplied) in County Cork is cleaned up; the estimated cost of such a clean-up; the way in which it will be financed; the timescale involved; and if he will make a statement on the matter. [10375/04]

My Department has been assigned the operational responsibilities associated with the former Irish Ispat site, including the advancement of the site investigation and remediation processes.

Cork County Council has agreed to take a front-line role on my Department's behalf in advancing the site investigation exercise which is designed to determine more precisely the nature and extent of contamination of the site and identify an appropriate remediation programme. The council is about to commence the process of engaging professional expertise which it requires in order to manage these processes. Following this, tenders for the site investigation exercise will be sought with the intention of commencing the process in autumn 2004.

Arrangements have also been made for the identification of potentially hazardous materials which can readily be removed from the site; removal of some materials has already taken place and the removal of further materials is currently under consideration.

The intrusive site investigation will facilitate the development of more reliable cost estimates for the required remediation. Pending the outcome of this, it is difficult to quantify the costs involved. However, a desk study carried out previously on behalf of the State estimated remediation costs to be of the order of €30 million. The ultimate financing of the remediation process will be dependent on a number of factors, including the outcome of ongoing legal proceedings.

Grant Payments.

Mary Upton

Ceist:

146 Dr. Upton asked the Minister for the Environment, Heritage and Local Government if consideration will be given to an application for funding (details supplied). [10384/04]

No such application for funding has been received by my Department from Dublin City Council. It is the case, however, that central heating and replacement windows have already been installed, in addition to roof improvement works, in Dolphin House under the Dublin City Council's area regeneration programme.

Community Development.

Fergus O'Dowd

Ceist:

147 Mr. O’Dowd asked the Minister for Community, Rural and Gaeltacht Affairs if moneys can be allocated under the CLÁR programme for road repair programmes in areas east of Cooley in County Louth, that is, Kilcurry and Shelagh. [10383/04]

The two areas mentioned by the Deputy are not in CLÁR regions and cannot therefore be considered for inclusion in the roads, or any other measure, of the CLÁR programme.

Social Welfare Code.

Finian McGrath

Ceist:

148 Mr. F. McGrath asked the Minister for Social and Family Affairs the reason she enacted an amendment to the social welfare code which will actively discriminate against gay and lesbian couples; and if she will make a statement on the matter. [10333/04]

In the context of a recent case relating to free travel entitlement it emerged that, under the Equal Status Act 2000, a same sex couple must be treated in the same way as an opposite sex couple for the purpose of entitlement to non-statutory schemes such as free travel, electricity allowance and telephone allowance. These allowances are generally granted as an addition to a basic social welfare payment.

In the case of statutory schemes on the other hand, including the main social welfare payment schemes, the same rules do not apply. Under these schemes each of an opposite sex couple has a separate entitlement and they are not subject to the provisions relating to either increases or limitations in requests which apply to same sex couples.

The application of different rules in relation to statutory and non-statutory schemes would not be sustainable in practice. The amendment in question represents an interim solution which maintains the position in relation to the schemes in question.

I have, however, given a commitment to a fundamental review of the overall social welfare code being undertaken in relation to the requirements of the Equal Status Act. This review will be done in consultation with all interested parties. It will examine any differences of treatment on any of the grounds set out in the Equal Status Act 2000, and identify where such differences need to be removed and the wider implications of doing so.

The review will address a number of complex issues, with possible knock on effects to areas outside the social welfare area, and will involve a number of Departments. It will take some time to have the review completed but the necessary arrangements for undertaking the review are now being put in place.

Social Welfare Benefits.

Finian McGrath

Ceist:

149 Mr. F. McGrath asked the Minister for Social and Family Affairs if she will reconsider the €5.8 million cut to the widows and widowers benefit; and if she will report on her meeting with the National Widows Association. [10334/04]

I met with representatives of the National Widows Association last week in the light of their concerns in relation to the discontinuance of the concurrent additional payment of certain social insurance benefits at half-rate together with widows and widowers pensions. Our meeting discussed the background to the measures taken in the context of the Estimates and the reasons this particular measure was put in place.

I indicated to the association that, as with other measures introduced in the social welfare code, I am keeping the implementation of these measures under review. My objective is to ensure that the total social welfare budget is applied to the best effect in tackling disadvantage and continuing the Government's policy of significant improvement in basic payments to social welfare recipients, particularly widows and widowers.

Bernard J. Durkan

Ceist:

150 Mr. Durkan asked the Minister for Social and Family Affairs if rent allowance payments will be reviewed in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [10361/04]

The South Western Area Health Board is aware of the medical circumstances of the person concerned and these circumstances have been taken into account in setting the level of payment to her. She is in receipt of a rent supplement which is in excess of the maximum level for this category of household.

The person concerned contributes €13 per week towards her rent from her own resources. This is the minimum contribution required from all rent supplement recipients. The balance of the rent is met entirely by rent supplement.

Bernard J. Durkan

Ceist:

151 Mr. Durkan asked the Minister for Social and Family Affairs if and when one parent family allowance will be restored to a person (details supplied) in County Kildare; and if she will make a statement on the matter. [10418/04]

As indicated in previous replies to the Deputy on this case, one parent family payment was terminated following a review, on the grounds that the person concerned had failed to fully disclose her means despite requests to do so.

The person concerned was afforded the right of appeal to the Social Welfare Appeals Office. She has not done so to date, nor has she re-applied to the Department for one parent family payment.

Under social welfare legislation decisions on claims must be made by deciding officers and appeals officers. These officers are statutorily appointed and I have no role in regard to making such decisions.

Bernard J. Durkan

Ceist:

152 Mr. Durkan asked the Minister for Social and Family Affairs if and when rent support can be restored to a person (details supplied) in County Kildare; and if she will make a statement on the matter. [10420/04]

The South Western Area Health Board was contacted in regard to this case and has advised that the person concerned had been in receipt of a mortgage interest supplement. Payment of the supplement ceased following an increase in the level of her household income which meant that she had sufficient means to provide for the interest portion of her mortgage repayments.

If she wishes to re-apply for a mortgage interest supplement she should contact the community welfare officer at her local health centre so that a review of her circumstances can be carried out.

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