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Dáil Éireann díospóireacht -
Tuesday, 27 Apr 2004

Vol. 584 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 32, inclusive, answered orally.
Questions Nos. 33 to 95, inclusive, resubmitted.
Questions Nos. 96 to 101, inclusive, answered orally.

Nuachtáin Gaeilge.

Trevor Sargent

Ceist:

102 D’fhiafraigh Mr. Sargent den Aire Gnóthaí Pobail, Tuaithe agus Gaeltachta cén cúnamh a thugann a Roinn don nuachtán Foinse agus don nuachtán de bharr gur nuachtáin náisiúnta iad an dá cheann acu agus an bhfuil moladh tugtha aige do Ranna eile fógraíocht rialtais a chur sa dá nuachtán. [11860/04]

Ní thugann mo Roinnse maoiniú díreach do nuachtáin ar nós agus Foinse go hiondúil. Ar bhonn eisceachtúil, thug mo Roinn deontas aonuaire de £20,000 do i 1999 mar chúnamh d’fheachtas margaíochta.

Is é Foras na Gaeilge go príomha atá ag plé le cúnamh do na nuachtáin sin. Tuigtear dom go bhfuil maoiniú €246,377 tugtha ag an bhforas do don bhliain reatha, agus tá €234,000 tugtha do Foinse don tréimhse 1 Deireadh Fomhair 2003 go dtí 30 Meán Fómhair 2004.

Níl aon mholadh tugtha ag mo Roinnse do Ranna eile fógraíocht Rialtais a chur i nuachtáin áirithe. Tá cumhacht agam faoi alt 9 de Acht na dTeangacha Oifigiúla 2003 maidir le húsáid na Gaeilge, nó an Ghaeilge agus an Béarla araon, ar aon fhógraí ó comhlucht poiblí. Tá sé i gceist agam go mbeidh rialacháin déanta agam faoin fhoráil seo taobh istigh de mhí nó dhó.

Faoi na rialacháin, beidh dualgas ar chomhluchtaí poiblí a chinntiú go mbeidh fógraíocht i nGaeilge chomh maith, seachas é a bheith i mBéarla amháin. Ach fós beidh an fhreagracht ar bhainistíocht aon chomhluchta ar leith cinnithe a dhéanamh faoi na foilsiúcháin ina gcuirtear fógraí.

Ferry Services.

Róisín Shortall

Ceist:

103 Ms Shortall asked the Minister for Community, Rural and Gaeltacht Affairs his views on the recent report carried out on behalf of his Department into certain subsidised ferry services to the islands; if, in view of the report’s findings, the subsidies for these vital ferry services will be maintained; and if he will make a statement on the matter. [11855/04]

John Gormley

Ceist:

107 Mr. Gormley asked the Minister for Community, Rural and Gaeltacht Affairs his views on the report received by his Department conducted by persons (details supplied) on subsidies made available to air and ferry services to the islands. [11813/04]

Michael Ring

Ceist:

114 Mr. Ring asked the Minister for Community, Rural and Gaeltacht Affairs the changes his Department will make to the services offered by island ferry operators, particularly in offering a day return service to islanders; the measures to ensure that ferries and ports are accessible to the disabled and to introduce a separate freight service for the islands as recommended in a recent report commissioned by his Department. [11927/04]

I propose to take Questions Nos. 103, 107 and 114 together.

The report commissioned from Malachy Walsh and Partners on island transport services was recently completed and presented to my Department. I have now commenced a consultation process with the relevant interests on the islands which were the subject of the report by inviting them to submit observations on the final report by 7 May 2004. On receipt of these observations, I will be in a position to consider further the recommendations of the report. While I do not wish to prejudice this ongoing consultation process, I am pleased with its key findings which confirm the importance of subsidised transport services to the islands. Specifically, the findings are that: ferry services are the lifeblood of the islands and that their need has been confirmed from a socio-economic perspective, the availability of a regular and guaranteed service provides a lifeline service improving the quality of life for islanders, reducing relative remoteness and allowing island populations remain together and to sustain the community identity; the availability of a ferry service also fosters a vibrant tourism industry which contributes to local economic well-being, and to an enhanced awareness and positive appreciation of local traditions, way of life and cultural heritage. Based on the consultants' economic analysis and on several broad assumptions, the subsidised sea and air ferry services to the eight islands within the scope of the study result annually in a local tourism spend of at least €12 million; a broader economic impact of €17 million; a contribution to GNP of €11 million; 275 jobs on the islands and elsewhere being supported by the tourism expenditure; €6 million in tax and excise receipts; and ignoring dead-weight, a benefit-subsidy ratio of 4:1, excluding the Aer Árann subsidy, or 3:1, including the Aer Árann subsidy. A copy of this study is posted on my Department's website at www.pobail.ie .

Acht na dTeangacha Oifigiúla.

Jimmy Deenihan

Ceist:

104 D’fhiafraigh Mr. Deenihan den Aire Gnóthaí Pobail, Tuaithe agus Gaeltachta an ndéanfadh sé ráiteas faoin dul chun cinn atá déanta ó ceapadh An Coimisinéir Teanga. [11913/04]

Dinny McGinley

Ceist:

129 D’fhiafraigh Mr. McGinley den Aire Gnóthaí Pobail, Tuaithe agus Gaeltachta an ndéanfaidh sé ráiteas faoin dul chun cinn atá déanta ag na Ranna Stáit ó ritheadh Acht na dTeangacha Oifigiúla. [11912/04]

Tógfaidh mé Ceisteanna Uimh. 104 agus 129 le chéile.

Dírím aird na dTeachtaí ar an bhfreagra a thug mé ar Cheisteanna Uimh. 162 agus 168 ar 9 Márta 2004 maidir leis an ábhar sin, inar leag mé amach sonraíocht chuimsitheach maidir leis an dul chun cinn atá déanta ag mo Roinn-se ó ritheadh an tAcht i mí Iúil 2003.

Ba mhaith liom tagairt ar leith a dhéanamh do na príomh-chéimeanna atá tógtha agam go dtí seo mar a leanas. Tá €500,000 curtha ar fáil i Meastacháin mo Roinne don bhliain seo chun Oifig Choimisinéir na dTeangacha Oifigiúla a bhunú agus tá an tUasal Seán Ó Cuirreáin ceapaithe ag an Uachtarán mar An Coimisinéir Teanga le héifeacht ó 23 Feabhra 2004. Rinne mé ordú tosach feidhme ar 9 Eanáir 2004 a thugann feidhm don chuid is mó d'fhorálacha an Achta le héifeacht ón lá sin agus ó 1 Bealtaine 2004 i gcás alt 10. Tá réamh-obair ar dhréacht-scéim mo Roinne féin déanta agus táim dóchasach go mbeidh sí foilsithe go poiblí laistigh do mhí nó dhó. Beidh an scéim seo mar mhúnla do chomhlachtaí poiblí eile. Táim dóchasach freisin go mbeidh na dréacht-threoirlínte faoi alt 12 foilsithe go luath ionas gur bhféadfar tús a chur leis an gcéad babhta de scéimeanna ó chomhlachtaí poiblí roimh dheireadh an tsamhraidh. Tá réamh-obair ar siúl i ndáil le rialacháin a dhéanamh faoi alt 9(1) maidir le húsáid na Gaeilge amháin, nó na Gaeilge agus an Bhéarla le chéile, ar stáiseanóireacht, ar chomharthaí agus ar fhógraí. Tugadh feidhm do Chuid 5 den Acht a bhaineann le logainmneacha ó 30 Deireadh Fómhair 2003 agus tá seachtn-ordú déanta agam sa chomhthéacs sin go dáta. Tá i gceist agam ordú eile a dhéanamh go luath maidir le logainmneacha oifigiúla do na ceantair Ghaeltachta.

Táim sásta, mar sin, go bhfuil dul chun cinn suntasach á dhéanamh ag mo Roinnse maidir le cur i bhfeidhm fhorálacha an Achta ar bhonn chéimiúil i gcomhréir leis an bplean gnímh a d'fhógair mé ar 17 Nollaig 2003. Táim sásta freisin go n-éireoidh leis na comhlachtaí poiblí na dualgais reachtúla a thitfidh orthu go céimiúil faoin Acht a chomhlíonadh agus go deimhin go nglacfaidh said leis an dúshlán le meon dearfach agus sa spiorad ceart.

Stádas na Gaeilge.

Michael D. Higgins

Ceist:

105 D’fhiafraigh Mr. M. Higgins den Aire Gnóthaí Pobail, Tuaithe agus Gaeltachta cén dul chun cinn atá déanta i leith stádas na Gaeilge mar theanga oibre den Aontas Eorpach; agus an ndéanfaidh sé ráiteas ina leith. [11883/04]

Enda Kenny

Ceist:

143 D’fhiafraigh Mr. Kenny den Aire Gnóthaí Pobail, Tuaithe agus Gaeltachta cén dul chun cinn atá déanta aige chun stádas don Ghaeilge mar theanga oifigiúl oibre den Aontas Eorpach a chur chun cinn; agus an bhfuil sé chun ráiteas a dhéanamh. [11910/04]

Tógfaidh mé Ceisteanna Uimh. 105 agus 143 le chéile.

Dírím aird an Teachta ar an bhfreagra a thug mé ar Cheisteanna Dála Uimh. 187, 188, 189, 190 agus 191 ar 7 Aibreán 2004 maidir le stádas na Gaeilge san Aontas Eorpach. Mar a cuireadh in iúl sa fhreagra sin, agus mar a dúirt mé arís le linn na díospóireachta le déanaí sa Teach faoin gceist, tá grúpa oibre bunaithe ag an Rialtas chun anailís a dhéanamh ar an méid gur féidir a bhaint amach agus na féidearthachtaí atá ann chun dul chun cinn a dhéanamh. Bhí ceithre chruinniú ard-leibhéil ag an ngrúpa oibre seo go dtí seo agus beidh cruinniú amháin eile acu chun an obair a chríochnú go luath.

Táim lán-sásta go bhfuil dul chun cinn fiúntach á dhéanamh ag an ngrúpa oibre agus go mbeifear in ann dul thar n-ais chuig an Rialtas le moltaí dea-bhreithnithe sar i bhfad. Níl sé i gceist agam, mar sin, a thuilleadh a rá faoi na torthaí a d'fhéadfadh a bheith ar an obair seo go léir go dtí go mbeidh tuairisc réitithe ag an ngrúpa oibre agus scrúdú iomlán déanta uirthi. Ach ba chóir go mbeidh daoine lán-cinnte go bhfuilimid go hiomlán dáiríre faoin gceist seo agus go ndéanfar cinneadh a chabhróidh le leas na Gaeilge a chur chun cinn sa bhaile agus thar lear.

An Daonáireamh Náisiúnta.

Trevor Sargent

Ceist:

106 D’fhiafraigh Mr. Sargent den Aire Gnóthaí Pobail, Tuaithe agus Gaeltachta cad iad na ceachtanna atá foghlamtha aige ó thorthaí an daonáirimh ó thaobh úsáid na Gaeilge go mórmhór bua na teanga sa Daingean, Co. Chiarraí. [11861/04]

Dírím aird an Teachta ar na freagraí a thug mé ar Cheisteanna Uimh. 80 den 25 Meitheamh 2003, 527 den 7 Deireadh Fómhair agus 70 den 27 Samhain 2003.

Faoi mar a chuir mé in iúl cheana, is léir ó fhigiúirí an daonáirimh 2002 go bhfuil idir ábhar dóchais agus foláirimh iontu.

Mar atá ráite agam, beidh sé mar aidhm lárnach agam, agus mé ag tabhairt faoi pholasaithe a fhorbairt amach anseo maidir le ról na teanga sa Stát, spreagadh agus tacaíocht a chur ar fáil chun cur leis an méid dóibh siúd a bhfuil deis acu Gaeilge a úsáid go laethúil. Tá mé cinnte, leis an gcur chuige ceart, agus le gach uile duine ag obair le chéile, gur féidir linn difríocht an-mhór a dhéanamh ar mhaithe leis an nGaeilge agus leis an nGaeltacht.

Maidir leis an Ghaeltacht tá áthas orm go bhfuil an Daingean chun tosaigh mar bhaile mór ó thaobh úsáid na Gaeilge de, de réir daonáireamh 2002. Tá infheistíocht suntasach déanta ag mo Roinnse i mbuanú na Gaeilge sa Ghaeltacht agus tá sé tábhachtach go bhfuil torthaí na hinfheistíochta sin le feiceáil sna figúirí is deireanaí.

Question No. 107 answered with QuestionNo. 103.

National Drugs Strategy.

Dan Neville

Ceist:

108 Mr. Neville asked the Minister for Community, Rural and Gaeltacht Affairs the measures his Department intends to take to tackle the growing use of drugs throughout the State, as highlighted in research published earlier this month by the NACD and its Northern Ireland equivalent DAIRU; and if he will make a statement on the matter. [11936/04]

Kathleen Lynch

Ceist:

138 Ms Lynch asked the Minister for Community, Rural and Gaeltacht Affairs his views on the recent drug prevalence survey 2002-03; his views on the report’s findings which demonstrate that drug use has now spread to every corner of the State; and if he will make a statement on the matter. [11835/04]

Ciarán Cuffe

Ceist:

152 Mr. Cuffe asked the Minister for Community, Rural and Gaeltacht Affairs his views on the findings of the drug prevalence survey, commissioned jointly by the National Advisory Committee on Drugs and the Drug and Alcohol Information and Research Unit in Northern Ireland. [11810/04]

I propose to take Questions Nos. 108, 138 and 152 together.

The report to which the Deputies refer is Bulletin 2 of the 2002-2003 drug prevalence survey which I launched last week. The survey was undertaken jointly by the National Advisory Committee on Drugs in Ireland and the Drug and Alcohol Information and Research Unit in Northern Ireland.

Initial results from the survey, which looked at the overall national position, were published last October last year and showed that most of the general population have never used any illegal drug. Less than 19% reported ever taking an illegal drug.

The second bulletin gives a breakdown of data by health board areas and some of the key findings are as follows: the proportion of those surveyed who reported ever having taken an illegal drug varied between 11% and 29% across health board areas; the lowest rate of recent illegal drug use — those surveyed who reported using an illegal substance in the previous year — was recorded in the North Western Health Board at 3% and the highest rate was in the Northern Area Health Board at 8%; prevalence rates of current drug use, those surveyed who reported having used the drug in the previous month, varied from 0.5% in the North Western Health Board to 5% in the Northern Area Health Board; prevalence rates — lifetime, recent and current — tended to be higher in the eastern part of the country; cannabis was the main illegal drug used on a lifetime, recent or current basis in all health board areas.

Prevalence rates for cannabis were at least twice as high for other illegal drugs; prevalence rates for other illegal drugs were considerably lower than for cannabis across all areas and periods of time. For example, the highest prevalence rate for recent use of ecstasy was 3% and cocaine powder 2%, compared to 8% for cannabis; the profile of illegal drug users showed significant consistency across health boards in almost all areas. Prevalence rates of lifetime, recent and current use were higher among men than women and higher among young people than older people while prevalence rates for sedatives, tranquillisers and anti-depressants were higher among older people and women in most areas.

The research confirms that most people in all regions have never used illegal drugs, even if there are significant regional variations. However, I am aware that the results highlight the fact that drug use is not confined to major cities but is an issue for urban and rural areas. The Government is not in any way complacent about this issue and remains determined to tackle it on several fronts. Through the ongoing implementation of the National Drugs Strategy 2001-2008, the valuable work being done by the local drugs task forces and the young people's facilities and services fund, and the work commencing by the regional drugs task forces, much is being, and will continue to be, done in future to tackle the drug problem.

All the local drugs task forces, with the exception of Bray, are implementing their second round of action plans. The Government has allocated or spent approximately €65 million to implement the range of projects contained in the plans of the task forces since 1997. A further €11.6 million has been allocated to projects under the premises initiative, which is designed to meet the accommodation needs of community-based drugs projects, most of which are in local drugs task force areas.

In addition, approximately €72 million has been allocated to support over 450 facility and services projects in local drugs task force areas and the four other urban centres under the young people's facilities and services fund. This includes an amount of over €13 million which I recently allocated under round II of the fund, over half of which is in respect of capital developments.

The regional drugs task forces are mapping out the patterns of drug misuse in their areas — as well as the range and level of existing services — with a view to better co-ordination and addressing gaps in the overall provision. This work will then feed into the drafting of regional action plans, which will be assessed by the national drugs strategy team in due course. I hope to be in a position to bring recommendations on funding of the plans to the Cabinet Committee on Social Inclusion early next year and that the regional drugs task forces can begin to implement their plans by mid-2005.

Finally, the publication of the information contained in this bulletin is particularly timely as the mid-term review of the National Drugs Strategy 2001-2008, will commence soon. This valuable information will significantly add to our knowledge and understanding of drug use across the country which is essential in developing appropriate policies for the future.

Decentralisation Programme.

Liz McManus

Ceist:

109 Ms McManus asked the Minister for Community, Rural and Gaeltacht Affairs the position in regard to plans to decentralise Foras na Gaeilge to County Donegal; his views on whether the relocation proposals will not require approval from the North-South Ministerial Council in view of the fact that Foras na Gaeilge is an all-island body; and if he will make a statement on the matter. [11840/04]

Dinny McGinley

Ceist:

130 Mr. McGinley asked the Minister for Community, Rural and Gaeltacht Affairs if the decentralisation of Foras na Gaeilge will proceed in view of its notification of formal opposition to the move; if its move to Donegal requires approval by the North-South Ministerial Council in view of the fact that Foras is an all-island body; and if he will make a statement on the matter. [11940/04]

Dan Boyle

Ceist:

135 Mr. Boyle asked the Minister for Community, Rural and Gaeltacht Affairs the consultation which has taken place with the Secretary of State for Northern Ireland on proposals to relocate the headquarters of Foras na Gaeilge. [11808/04]

I propose to take Questions Nos. 109, 130 and 135 together.

The Minister for Finance announced in the budget 2004 that the Government had made a decision to implement a wide programme of decentralisation. Among the Departments and public bodies mentioned in the decision, it was announced that Foras na Gaeilge would be decentralising to Gaoth Dobhair, County Donegal, subject to the agreement of the North-South Ministerial Council.

Initial discussions have begun between my Department and the co-sponsor Department in the North, the Department of Culture, Arts and Leisure, and I have written to the Minister of that Department, Ms Angela Smith, MP, to progress the issue. Discussions continue between the two Departments and between my Department and Foras na Gaeilge.

Community Development.

Eamon Ryan

Ceist:

110 Mr. Eamon Ryan asked the Minister for Community, Rural and Gaeltacht Affairs his views on the Law Reform Commission report on the future use and organisation of the courts poor box system, and the suggested role his Department should play in this. [11815/04]

Jim O'Keeffe

Ceist:

151 Mr. J. O’Keeffe asked the Minister for Community, Rural and Gaeltacht Affairs his views on the Law Reform Commission recommedation to establish a court charity fund; and the way he envisages that moneys from such a fund will be disbursed. [11371/04]

I propose to take Questions Nos. 110 and 151 together.

The Law Reform Commission usually adopts a two-stage approach to publication of its review work: a consultation paper, and a report. A consultation paper is intended to form the basis for discussion and, accordingly, the recommendations contained in it are provisional. The Law Reform Commission invites submissions on the provisional recommendations. The submissions received in response to the public consultation stage subsequently inform preparation of the report.

The review work which is the subject of both questions is at the first stage: the Law Reform Commission published a consultation paper on the court poor box on 30 March 2004, with a deadline for submissions of 31 August 2004. The consultation paper is available on the commission's website, www.lawreform.ie and, in accordance with the usual practice, the recommendations which it contains are provisional.

The principal provisional recommendations might be summarised as follows: replacement of the current court poor box system, which has been developed by judges as a common law power over many centuries and is not regulated by any legislation, by a statutory scheme, the court charity fund disposition, to be available in the District and Circuit Courts in appropriate cases; where the court does not record a conviction, availability of the court charity fund disposition in respect of summary offences only, subject to a prescribed list of factors; a ceiling, at the limit of the jurisdiction of the District and Circuit Courts, on the maximum amount payable to the court charity fund; application of the funds generated by the replacement scheme for the benefit only of trusts for the relief of poverty, trusts for the advancement of education or religion and trusts for other purposes beneficial to the community to be excluded from the scope of application.

As a guide only to the shape of the proposed reform, the consultation paper contains in appendix a draft scheme of the court charity fund Bill, updating and amending as appropriate various Acts under the responsibility of my colleague, the Minister for Justice, Equality and Law Reform, including the Probation of Offenders Act 1907, the Criminal Justice (Community Service) Act 1983, and the Criminal Justice Act 1993.

The core provisional recommendation to replace the court poor box system by a statutory scheme, together with key features of such a new scheme as proposed in the consultation paper, would be matters for consideration in the first instance by, amongst others, the Minister for Justice, Equality and Law Reform, the Courts Service, the Judiciary, the Revenue Commissioners and the National Crime Council. Any eventual decision arising would be a matter for Government in the context of approving proposals for legislation.

As regards the administration of any funds raised by a new statutory scheme, the consultation paper indicates that one possibility would be to recommend that such a separate fund be established within an appropriate Department, for example, the Department of Community, Rural and Gaeltacht Affairs. However, the Law Reform Commission recognises that this is uncharted territory, and as such submissions on the administration and distribution of such funds, and in particular the appropriate body to be designated responsible for this role, are welcome.

I trust that the Deputies find this information helpful, pending publication later in the year by the Law Reform Commission of its report, which will set out definitive recommendations, developed with the benefit of submissions made in response to the public consultation under way.

Clár Dílárnaithe.

Michael D. Higgins

Ceist:

111 D’fhiafraigh Mr. M. Higgins den Aire Gnóthaí Pobail, Tuaithe agus Gaeltachta an bhfuil cóip den aighneacht aige a chuir feidhmeannas Fhoras na Gaeilge chuig Angela Smith, fo-rúnaí polaitiúil in Oifig Thuaisceart Éireann, ag diúltú bogadh go Gaoth Dobhair; agus an ndéanfaidh sé ráiteas ina leith. [11889/04]

Eamon Gilmore

Ceist:

149 D’fhiafraigh Mr. Gilmore den Aire Gnóthaí Pobail, Tuaithe agus Gaeltachta an bhfuil sé riachtanach don Aire cead a fháil ón gComhairle Aireachta Thuaidh-Theas sular féidir Foras na Gaeilge a dhílárnú go Gaoth Dobhair; agus an ndéanfaidh sé ráiteas ina leith. [11881/04]

Mary Upton

Ceist:

160 D’fhiafraigh Dr. Upton den Aire Gnóthaí Pobail, Tuaithe agus Gaeltachta an mbeidh sé de cheart ag foireann oibre Fhoras na Gaeilge aistriú go dtí poist eile sa Státseirbhís nuair a bheidh Foras na Gaeilge á dhílárnú go Gaoth Dobhair; agus an ndéanfaidh sé ráiteas ina leith. [11885/04]

Tógfaidh mé Ceisteanna Uimh. 111, 149 agus 160 le chéile.

Mar is eol don Teachta, d'fhógair an tAire Airgeadais sa cháinaisnéis go raibh cinneadh déanta ag an Rialtas clár leathan dílárnaithe a chur i bhfeidhm. I measc na Ranna agus na gcomhluchtaí poiblí éagsúla a bhí luaite sa chinneadh, fógraíodh go mbeadh Foras na Gaeilge ag dílarnú go Gaoth Dobhair, Condae Dhún na nGall, faoi réir aontú na Comhairle Aireachta Thuas-Theas.

Tá réamh-chomhráití tosaithe ag mo Roinnse leis an gcomh-Roinn urraíochta sa Tuaisceart — an Roinn Cultúir, Ealaíon agus Fóillíochta — agus tá scríofa agam le déanaí chuig Aire na Roinne sin, an tUasal Angela Smith, MP, chun an cheist a chur chun cinn. Tá comhráití i dtaca leis seo ar siúl i gcónaí idir an dá Roinn agus idir mo Roinnse agus Foras na Gaeilge.

I dtaca le ceart foirne oibre an fhorais aistriú go dtí postanna eile sa Státseirbhís, dírím aird an Teachta ar an tuarascáil a foilsíodh d'arb ainm Tuarascáil an Ghrúpa um Fhorfheidhmiú Díláraithe. Tuigtear dom go bhfuil comhráití ar bun fós faoi mholtaí na tuarascála seo.

Tá cóip den aighneacht ó Fhoras na Gaeilge faighte agam.

Question No. 112 answered with QuestionNo. 101.

Community Development.

Dan Neville

Ceist:

113 Mr. Neville asked the Minister for Community, Rural and Gaeltacht Affairs when he envisages that the €1.5 million set aside to be spent on the sports capital programme in RAPID areas will be allocated to qualifying groups; and if he will make a statement on the matter. [11928/04]

Seán Crowe

Ceist:

161 Mr. Crowe asked the Minister for Community, Rural and Gaeltacht Affairs the criteria for funding under the RAPID scheme. [11893/04]

Paul Kehoe

Ceist:

170 Mr. Kehoe asked the Minister for Community, Rural and Gaeltacht Affairs when the funding announced for the local authority housing estate enhancement scheme will be allocated to the designated areas; why this money has been allocated to only eight of the 45 disadvantaged areas included in the RAPID scheme; if he expects that the remaining 37 areas will continue to be excluded from this scheme; his views on whether €30,000 for each of the eight areas is inadequate in view of the high urban concentrations in these areas and the large number of estates; and if he will make a statement on the matter. [11941/04]

Seán Crowe

Ceist:

171 Mr. Crowe asked the Minister for Community, Rural and Gaeltacht Affairs the amount of funding that will be made available under the RAPID scheme; if the amount will be matched by other Departments; and if local community and AIT approval will be mandatory for any proposed projects to be funded under RAPID. [11892/04]

Charlie O'Connor

Ceist:

839 Mr. O’Connor asked the Minister for Community, Rural and Gaeltacht Affairs if he will give an update on plans to implement the RAPID programme in the Tallaght West area, Dublin 24; the recent contacts with the various groups in the area; and if he will make a statement on the matter. [11412/04]

I propose to take Questions Nos. 113, 161, 170, 171 and 839 together.

In future the RAPID programme will operate on several levels in tandem. In the first instance, there are many small-scale proposals from RAPID plans that have been sent unnecessarily to Departments for consideration, when they could be dealt with more effectively at local level. I am introducing a new delivery mechanism to progress such actions, supported by a new dedicated fund of €4.5 million in 2004. These projects will be co-funded by the relevant local agency etc. under several categories, with broad levels of funding agreed at national level.

In addition, €2 million is being provided for the local authority housing estate enhancement scheme. This scheme will be operated by local authorities and funded on a euro for euro basis, with €1 million from my Department and €1 million from the local authorities through the Department of Environment, Heritage and Local Government. Projects to be supported will be selected by the local authorities in consultation with the area implementation teams.

The maximum cost per project will be €50,000. Funding of 45% of project cost is available from my Department. A further 45% is being provided from local authority internal capital receipts and local authorities must provide an additional 10% from their own revenue resources. The types of works eligible for funding include environmental works, landscaping, paving, development of open spaces, seating areas, lighting and boundary walls.

Local authorities and area implementation teams were notified of their allocations last week as shown in the table.

Department of Community, Rural and Gaeltacht Affairs

Local Authority Internal Capital Receipts

25 Strand I areas

€30,000 to each area

€30,000 to each area

20 Strand II areas

€20,000 to each area

€20,000 to each area

Each of the three RAPID areas in Tallaght (Strand I) received allocations as outlined in the table.

Funding of €3 million is being provided to support the development of playgrounds in RAPID areas. My Department is providing €1.5 million and the Department of Health and Children has made a further €1.5 million available to my Department. The scheme aims to provide for new playgrounds or for the refurbishment of existing playgrounds in designated RAPID areas. The local authority, in consultation with the relevant area implementation team, will select the projects to be supported. Details of the operation of this scheme are being finalised.

I also intend to allocate top-up funding to successful projects from RAPID areas under the sports capital programme and €1.5 million has been set aside for this purpose. It is expected that the Department of Arts, Sports and Tourism will announce the allocations under the programme soon and I will then consider top-up funding to successful projects from RAPID areas. Other programmes are also under consideration.

It is proposed that Departments will continue to consider larger projects from RAPID plans for allocations from funding streams within each Department. Departments will deal with fewer projects and will be in a better position to prioritise projects and set out timescales for further actions.

Work on improving integration and co-ordination of service delivery at local level will continue, as this is an important component of the RAPID programme.

Question No. 114 answered with QuestionNo. 103.

Proposed Legislation.

Simon Coveney

Ceist:

115 Mr. Coveney asked the Minister for Community, Rural and Gaeltacht Affairs the progress to date in relation to the reform of the law on charities; and if he will make a statement on the matter. [11932/04]

I refer the Deputy to Questions Nos. 130 and 131 of 9 March 2004. I confirm that the public consultation, which is under way, continues until 28 May 2004. I reiterate my invitation to Deputies generally to access the charities regulation page of my Department's website, www.pobail.ie, where, they can find the up-to-date position on progress under the title Key Milestones: Latest.

Irish Language.

Bernard Allen

Ceist:

116 Mr. Allen asked the Minister for Community, Rural and Gaeltacht Affairs the changes he intends to make to the boundaries of the Gaeltacht in view of the report of Coimisiún na Gaeltachta; and if these changes will be in place before the next elections to Udaras Na Gaeltachta. [11935/04]

Following the recommendation in the report of Coimisiún na Gaeltachta regarding the need for a comprehensive linguistic study of the Gaeltacht, I announced on 31 January 2004 that the contract to undertake this study was being awarded to Acadamh na hOllscolaíochta Gaeilge, National University of Ireland, Galway, in conjunction with the National Institute for Regional and Spatial Analysis, National University of Ireland, Maynooth.

The study, which will take two and a half years to complete, commenced at the beginning of April and is scheduled for completion by September 2006. Any proposals regarding the redefining of Gaeltacht boundaries arising from this study will be put before Government in due course.

National Drugs Strategy.

Gay Mitchell

Ceist:

117 Mr. G. Mitchell asked the Minister for Community, Rural and Gaeltacht Affairs his views on research published recently by the NACD which indicates that one part of Dublin north city has a cocaine prevalence rate of 41% and that national usage among 15-34 year olds, at 10.5%, is now the highest ever recorded in the EU; if he acknowledges that Ireland now has a significant and increasing cocaine abuse problem; the new initiatives his Department intends to take to address the growing abuse of cocaine here, particularly in terms of the national drugs strategy; and if he will make a statement on the matter. [11937/04]

As I have informed the House on many occasions, I am aware of the evidence of an increase in the prevalence of cocaine use, particularly through the local drugs task forces and the research done by the national advisory committee on drugs.

Initial results from the 2002-03 drug prevalence survey, which looked at the overall national position, and were launched last October showed that 3.1% of the population aged between 15 and 64 years have ever used cocaine, 1.1% used it in the last 12 months and 0.3% used in the last month. Similar results for the 15-34 age group show slightly higher usage: 4.8% have ever used cocaine, 2% have used in the last year and 0.7% reported usage in the last month. Compared with similar surveys undertaken in other European countries, these figures suggest that use in Ireland is close to the average.

Bulletin 2 of the survey was launched last week and contains data by health board area. The figures show that prevalence of all drugs varies considerably across the country, although there appears to be a higher prevalence in the east and particularly in the ERHA region. The figures for the prevalence of cocaine in the three ERHA health boards are: in the East Coast Area Health Board, 10.5% of those surveyed in the 15 to 34 age group reported ever using cocaine, 4.4% reported usage in the last year and 0.6% reported using cocaine in the last month.

In the Northern Area Health Board, 7.7% of those surveyed in the 15 to 34 age group reported ever using cocaine, 3.6% reported using in the last year and 1.6% reported using cocaine in the last month. In the South Western Area Health Board, 7.3% of those surveyed in the 15 to 34 age group reported ever using cocaine, 2.1% reported using in the last year and 1.1% reported usage in the last month. The bulletin does not contain any mention of a cocaine prevalence rate, in any area, of 41%.

The numbers presenting for treatment of cocaine related problems, according to the most recent figures available, remain very low and make up approximately 1% of the overall number. Garda authorities advise me that there are indications of an increase in the availability and use of cocaine. However, offences involving cocaine still represent a small proportion of the overall number of drug offences annually, approximately 5.5% of all such offences, according to the most recent Garda annual report. The increase seems to coincide with an increase in the availability and use of cocaine in Europe generally, as a result of increased production, particularly in Colombia, and a consequential drop in the street price.

Through implementing the 100 actions in the National Drugs Strategy 2001-2008 and through projects and initiatives operated through the local drugs task forces and the young people's facilities and services fund the problem of cocaine use can be addressed. Each local drugs task force has an action plan to tackle drug use in its area based on its identified priorities. These projects deal with supply reduction, prevention, treatment and rehabilitation for a range of drugs including cocaine. Most drug users engage in poly-drug use and, therefore, projects should be able to address this pattern rather than concentrate on one drug to the exclusion of others. Since 1997, the Government has allocated or spent over €65 million to implement the projects under the two rounds of task force plans.

Regional drug task forces have been established in each health board area throughout the country. Where cocaine use is found to be a problem, this can be reflected in the measures proposed in their forthcoming regional actions plans. The young people's facilities and services fund is doing valuable preventative work. The fund aims to attract "at risk" young people in disadvantaged areas into facilities, programmes and activities that will divert them away from the dangers of drug misuse. Over €72 million has been allocated under the fund to support in the region of 450 facility and services projects. It is vital that we continue to invest in facilities and services in areas worst affected by drugs if we are to stop the flow of young people into a life of addiction.

There is no substitution treatment drug for cocaine and existing services, such as counselling and behavioural therapy are the best treatments available. The three area health boards of the ERHA have recruited additional counsellors and outreach workers in recent years.

I am keeping the matter of cocaine use under review. Furthermore, the strategy provides for an independent evaluation of the effectiveness of the overall framework by the end of 2004. This will examine the progress being made in achieving the overall key strategic goals set out in the strategy and will enable priorities for further action to be identified and a re-focusing of the strategy, if necessary. The need to amend the strategy to reflect changing patterns of drug use will be considered in that context.

Finally, over recent months I have visited several local drugs task force areas and discussed with community representatives and others the nature of the drug problem in their areas, including the issue of cocaine. I have asked the national drugs strategy team to consider how best to develop proposals to help address this issue at a local level.

Paul McGrath

Ceist:

118 Mr. P. McGrath asked the Minister for Community, Rural and Gaeltacht Affairs his views on whether alcohol abuse should become part of the national drugs strategy or a wider addiction strategy; his further views on whether there is a need for a joint approach; the reason he does not view alcohol, if abused, as an equally dangerous drug; and if he will make a statement on the matter. [11938/04]

My Department has overall responsibility for co-ordinating the implementation of the National Drugs Strategy 2001-2008 which contains 100 individual actions, under the four pillars of supply reduction, prevention, treatment and research, to be implemented by a range of Departments and agencies.

The national alcohol policy, is the responsibility of my colleague, the Minister for Health and Children who is pursuing several initiatives in this area. The national drugs strategy calls for increased links between both policies in terms of cross-representation on the relevant committees and working groups to ensure complementarity between the different measures being taken. This is ongoing.

I am not aware of any plans at present to merge the alcohol and drugs policies. Furthermore, such a proposal would require careful consideration given that different policy responses are required for legal and illegal substances.

Offshore Islands.

Jim O'Keeffe

Ceist:

119 Mr. J. O’Keeffe asked the Minister for Community, Rural and Gaeltacht Affairs the plans he has for the development of island communities. [11370/04]

My Department has taken great strides in developing the islands since 1997. The level of dedicated funding made available by my Department for island development has risen from under €2.5 million in 1997 to €13 million in 2004. Funding is, of course, also provided under other schemes operated by my Department and Údarás na Gaeltachta, in addition to other Departments and bodies.

I will continue to advance the development of island communities and the following measures are either in train or being planned: the full implementation of the Gaeltacht and islands harbours sub-measure of the National Development Plan 2000-2006; the advancement of a five year capital programme for the islands commencing in 2004; the implementation of appropriate recommendations of the recently published report on island transport services, a copy of which is available on my Department's website at www.pobail.ie; the introduction of a special fund aimed at assisting commercial enterprise on the non-Gaeltacht islands — the Gaeltacht islands are already served in this regard by Údarás na Gaeltachta; improved co-ordination of the provision of State services to island communities and improvement of other necessary services to islands.

Question No. 120 answered with QuestionNo. 101.

Banking Facilities.

Ciarán Cuffe

Ceist:

121 Mr. Cuffe asked the Minister for Community, Rural and Gaeltacht Affairs if he will report on negotiations he has had with the Irish League of Credit Unions on providing alternative banking facilities in isolated areas. [11809/04]

Joan Burton

Ceist:

166 Ms Burton asked the Minister for Community, Rural and Gaeltacht Affairs the details of his request to the credit union movement to introduce a replacement for travelling banks in the west following the decision of a bank [details supplied] to withdraw this service; the number of customers reliant on travelling banks in Galway and Mayo; and if he will make a statement on the matter. [11839/04]

I propose to take Questions Nos. 121 and 166 together.

In the context of the withdrawal of certain travelling bank services, I have been in contact with the Irish League of Credit Unions. Given the valuable role of credit unions as community based organisations, I have asked the league to consider the feasibility of providing alternative services. Contacts on the matter with the Irish League of Credit Unions are continuing.

No numerical data of the nature referred to by the Deputy is held by my Department in regard to banking services.

National Drugs Strategy.

Phil Hogan

Ceist:

122 Mr. Hogan asked the Minister for Community, Rural and Gaeltacht Affairs the reason very little progress has been made to date by the regional drugs task forces; when he expects the publication of strategies by each of these bodies; and if he will make a statement on the matter. [11920/04]

The National Drugs Strategy 2001-2008 provides for the establishment of ten regional drugs task forces, RDTFs throughout the country.

I assure the Deputy that much progress has been made to date in establishing the RDTFs and getting them under-way. They are currently mapping out the patterns of drug misuse in their areas — as well as the range and level of existing services — with a view to better co-ordination and addressing gaps in the overall provision. In this context, it should be noted that an amount of €500,000 has been provided by my Department, in the current year, for administrative and technical assistance costs incurred by the RDTFs in their ongoing work.

The work currently under-way by the RDTFs is likely to take up most of the current year and will then feed into the drafting of regional action plans, which will be assessed by the National Drugs Strategy Team. I am hopeful that all of this work can be completed by early next year and I will then bring recommendations in relation to the funding of the plans to the Cabinet Committee on Social Inclusion.

I expect the RDTFs to be in a position to begin the implementation of their plans by mid-2005. The question of publishing the plans will be a matter for the individual health boards.

Community Employment Schemes.

Olivia Mitchell

Ceist:

123 Ms O. Mitchell asked the Minister for Community, Rural and Gaeltacht Affairs the measures his Department intends to advance in order to create greater security for those working in the community and voluntary sector in view of a recent publication which highlighted low pay and limited career prospects as a difficulty for that sector to attract and retain staff; and if he will make a statement on the matter. [11923/04]

Emmet Stagg

Ceist:

146 Mr. Stagg asked the Minister for Community, Rural and Gaeltacht Affairs if his attention has been drawn to a recent EU study by the equal at work project which found that low pay and limited career prospects are making it difficult for community and voluntary groups to attract and retain staff; if he intends bringing forward proposals to address pay and working conditions in the community and voluntary sector; and if he will make a statement on the matter. [11837/04]

I propose to take Questions Nos. 123 and 146 together.

The issue of staff retention and motivation in today's dynamic employment market is one which many organisations across all sectors must face.

Community and voluntary sector organisations are autonomous and, in the context of the resources available to them, assess their own needs and priorities, with the role of the State as that of enabler. While I have no formal role in establishing the terms and conditions of employment operating in the community and voluntary sector, I am keen to see that best practices in recruitment and employment are followed by the sector, especially when supported by core funding from the State. Where such support is provided, my Department would normally require that such best practice is followed. For example, under the community development programme there are a number of professional support agencies whose role is to advise individual projects with regard to their responsibilities in the area of, among other things, employment law, legal issues and general good practice. This expertise has led to a high awareness within the programme with regard to fair and equitable treatment of staff. Jobholders normally hold specific qualifications relative to the particular post and tend to receive salaries commensurate with qualifications and experience levels. Although salary scales are not set within the programme, each funded project is an independent entity, most projects offer incremental salary scales and pension provision as part of the employment contract.

It is important that our community and voluntary sector remains an attractive and vibrant workplace and continues to attract talented people. The recommendations in the report will be considered in the context of my Department's ongoing relationship with the sector.

Irish Language Strategy.

Tom Hayes

Ceist:

124 Mr. Hayes asked the Minister for Community, Rural and Gaeltacht Affairs the work programme of the recently announced Irish language advisory committee; when he plans to announce the nominees to the committee; and the reason the committee will not issue a report detailing its recommendations for the Irish language. [11925/04]

Róisín Shortall

Ceist:

125 Ms Shortall asked the Minister for Community, Rural and Gaeltacht Affairs the position in regard to his proposal to establish the Irish language advisory committee; the role, remit and purpose of the proposed committee; when he expects the committee to be in operation; the budget that will be given to the committee; and if he will make a statement on the matter. [11842/04]

I propose to take Questions Nos. 124 and 125 together.

The role of the advisory committee will be to provide advice in relation to the advisability of preparing a 20 year strategic plan with realistic goals for the Irish language in the State; short-term strategic priorities for the preservation and the promotion of the Irish language within the State; priorities regarding the implementation of the Official Languages Act and the best and most practical ways to achieve progress with regard to the implementation of that work.

Arising from that, the objective will be to encourage an integrated approach among the main community and State organisations that promote the Irish language. The remit of the committee will cover all issues pertaining to Irish language policy.

I have written to various organisations seeking nominees to the committee. and would hope to announce the membership of the committee by mid-May. I anticipate the first meeting of the committee will be in June.

It will not be a function of the advisory committee to prepare a report. It will meet regularly to discuss and advise me with regard to a range of aspects of Irish language policy. This arrangement represents a more effective and immediate means of generating an action focused consensus about what needs to be done. Given the advisory nature of its work it is not anticipated at this juncture, that the committee will require a dedicated budget.

Tuarascáil Choimisiún na Gaeltachta.

Olivia Mitchell

Ceist:

126 D’fhiafraigh Ms O. Mitchell den Aire Gnóthaí Pobail, Tuaithe agus Gaeltachta cen dul chun cinn atá déanta aige chun caiteachas forbartha a dhíriú ar na ceanntair is láidre teanga mar a mhol Coimisiún na Gaeltachta. [11934/04]

Olwyn Enright

Ceist:

136 D’fhiafraigh Ms Enright den Aire Gnóthaí Pobail, Tuaithe agus Gaeltachta chun a fhiafraí den Aire cén dul chun cinn atá déanta aige chun pairtnéireachtaí trascheantair idir na ceantair láidre Gaeltachta agus ceantair atá níos laige a bhunú. [11933/04]

John Perry

Ceist:

165 D’fhiafraigh Mr. Perry den Aire Gnóthaí Pobail, Tuaithe agus Gaeltachta cathain a thosóidh an feachtas chun réimse leathan poiblíochta agus eolais a chur ar bun a chuideodh le tábhacht na Gaeilge sa Ghaeltacht agus sa tír mar a mhol Coimisiún na Gaeltachta; agus an bhfuil sé chun ráiteas a dhéanamh. [11911/04]

Tógfaidh mé Ceisteanna Uimh. 126, 136 agus 165 le chéile.

Beidh a fhios ag na Teachtaí gur bhunaigh mé coiste comhairleach i mí Dheireadh Fómhair 2002 le comhairle a chur orm maidir leis na gníomhaíochtaí éagsúla a theastaíonn chun feidhm phraiticiúil a thabhairt do na moltaí éagsúla atá i dtuarascáil Choimisún na Gaeltachta.

Maidir le feachtas poiblíochta agus eolais, tuigtear dom go bhfuil na tairiscintí a fuarthas ó chomhlachtaí fógraíochta agus caidrimh poiblí á scrúdú faoi láthair faoi réir na ngnáthchleachtais chuí maidir le soláthar poiblí agus go gceapfar comhlacht le tabhairt faoin obair go han-luath i gcomhar le Údarás na Gaeltachta agus mo Roinn féin.

Beidh sé mar chuspóir ag an bhfeachtas seo cur ina luí ar thuismitheoirí, go háirithe iad siúd le páistí óga san aoisghrúpa faoi chúig bliana d'aois chomh maith le tuismitheoirí ionchasacha, maidir leis na buntáistí a bhaineann le Gaeilge a roghnú mar phríomh-theanga teaghlaigh. Cé go bhfuil an tionscnamh seo dírithe ar earnáil áirithe de thuismitheoirí na Gaeltachta go príomha, beidh sé chun sochar na teanga lasmuigh den Ghaeltacht chomh maith nuair a chuirtear san áireamh go mbeidh feachtas fógraíochta teilifíse mar chuid de. Tagann an bearta seo trí chéile lena bhfuil molta i dtuarascáil Choimisiún na Gaeltachta go ndéanfaí réimse leathan poiblíochta agus eolais a thionscnamh a chuideodh le tábhacht na Gaeilge sa Ghaeltacht agus sa tír.

I measc na dtograí eile atá idir lámha ag mo Roinn chun tacú le buanú na Gaeilge sa Ghaeltacht ar bhealach a thagann lena bhfuil molta i dtuarascáil an choimisiúin, tá tionscnamh pleanála teanga á bhrú chun cinn. Faoin tionscnamh nuálach seo, cuirfear cúnamh airgid — gur fiú €1.56 milliún é — ar fáil d'eagraíochtaí pobalbhunaithe Gaeltachta le tabhairt faoi phlean teanga cuimsitheach a réiteach agus a chur i bhfeidhm ina gceantair feidhme thar tréimhse trí bliana. Bheifí ag súil leis go bhféadfadh pleananna a aithneofar chun críche aitheantais a bheith inaistrithe amach anseo ó cheantar a chéile, rud a thiocfadh lena bhfuil molta sa tuarascáil maidir le páirtnéireachtaí trascheantair a bhunú idir na ceantair láidre Gaeltachta agus ceantair atá níos laige.

Maidir leis an moladh atá déanta sa tuarascáil go ndéanfaí caiteachas forbartha a dhíriú ar na ceantair is láidre teanga, cuirtear neart na Gaeilge san áireamh i measc rudaí eile mar chuid de ghnáthchleachtas chomh fada is a bhaineann sé le measúnú iarratas chun críche scéimeanna mo Roinne.

Ministerial Appointments.

Damien English

Ceist:

127 Mr. English asked the Minister for Community, Rural and Gaeltacht Affairs the changes he intends to make regarding the future role of ADM; if the board of ADM will be asked to step down in the near future; if so, the persons by whom it will be replaced; and if he will make a statement on the matter. [11915/04]

The review of ADM carried out by INDECON is part of the broader tri-ministerial review of community and local development structures. The report noted that the context in which ADM now operates has changed significantly since its inception — in particular a shift from EU to Exchequer funding — and identified accountability issues arising from current structures. The report also proposed options to address these issues.

The Government has accepted the broad thrust of the report and that ADM should be restructured to better reflect the context and priorities that now obtain. I have been in communication with ADM and the board has confirmed its willingness to co-operate fully in the process of change arising from the Government decision. At present and as first steps, arrangements are being made to have three additional board members nominated by the Government.

It is my view is that the re-structuring will provide the company with a real opportunity to enhance its key role in support and delivery of Government's programmes to enable communities to tackle the problems of disadvantage.

Rural Social Scheme.

David Stanton

Ceist:

128 Mr. Stanton asked the Minister for Community, Rural and Gaeltacht Affairs the progress that has been made in the provision of the new rural social scheme; and if he will make a statement on the matter. [11903/04]

John Bruton

Ceist:

140 Mr. J. Bruton asked the Minister for Community, Rural and Gaeltacht Affairs when the new rural social economy programme will begin; the persons who will administer and operate scheme; the persons who will be responsible for administering and distributing payments to those employed by the scheme; and if he will make a statement on the matter. [11918/04]

Denis Naughten

Ceist:

843 Mr. Naughten asked the Minister for Community, Rural and Gaeltacht Affairs when he intends to establish a new rural social scheme; the organisation that will manage the scheme; and if he will make a statement on the matter. [11969/04]

Jimmy Deenihan

Ceist:

844 Mr. Deenihan asked the Minister for Community, Rural and Gaeltacht Affairs when the special rural scheme for persons on farm assist will commence; the ways the scheme will organised; and if he will make a statement on the matter. [12110/04]

I propose to take Questions Nos. 128, 140, 843 and 844 together.

The rural social scheme aims to provide certain services of benefit to rural communities by harnessing the skills and talents available among low income farmers and fishermen and provide income support to low income farmers and fishermen who are in receipt of specified, primarily long-term social welfare payments. I envisage that the arrangements for the scheme will be put in place during the coming weeks.

In my reply to Questions Nos. 122, 133, 171 and 196 on 9 March, I referred to the LEADER groups, and in Gaeltacht areas, an alignment of such groups with Údarás na Gaeltachta as well positioned bodies to deliver the programme locally. That is still my view. Practical arrangements, including the administration and payment systems will be addressed in the context of guidelines for the scheme which are currently being finalised.

Question No. 129 answered with QuestionNo. 104.
Question No. 130 answered with QuestionNo. 109

Irish Language Strategy.

Olwyn Enright

Ceist:

131 Ms Enright asked the Minister for Community, Rural and Gaeltacht Affairs the reason he is opposed to the development of a national Irish language strategy to map the future development and preservation of the Irish language. [11924/04]

Bernard J. Durkan

Ceist:

845 Mr. Durkan asked the Minister for Community, Rural and Gaeltacht Affairs his plans to promote the use of the Irish language in the future; and if he will make a statement on the matter. [12112/04]

I propose to take Questions Nos. 131 and 845 together.

I am not opposed to the development of a national Irish language strategy. I recently announced the setting up of an Irish language advisory committee whose terms of reference include "the advisability of preparing a 20 year strategic plan with realistic goals for the Irish language in the State".

I have set out in my reply to Questions Nos. 124 and 125 on today's Order Paper further details in relation to the establishment of this committee. This is a significant initiative by me in regard to development of future policy with regard to the long term promotion of the Irish language.

I would also refer the Deputy to Questions Nos. 104 and 129 regarding the Official Languages Act 2003 — one of the most important initiatives, in my opinion, towards the promotion of the language for the past number of years. This Act will provide citizens with the opportunity to avail of a better standard of public services through the Irish language in the future.

The Deputies will also be aware that through Foras na Gaeilge, my Department and the Department of Culture, Arts and Leisure in the North fosters and promotes the language on an all-island basis by supporting, financially and otherwise, those concerned with this work.

State Property.

Joe Sherlock

Ceist:

132 Mr. Sherlock asked the Minister for Community, Rural and Gaeltacht Affairs the action he has taken following the cancellation of the tender for sale of Údarás na Gaeltachta’s holiday home complex in Connemara; if he will publish the report into the tendering and sale process undertaken by his Department; and if he will make a statement on the matter. [11856/04]

Joe Sherlock

Ceist:

141 Mr. Sherlock asked the Minister for Community, Rural and Gaeltacht Affairs if he has received the report from Údarás na Gaeltachta into the tender process for the sale of its holiday home complex in Connemara; if he has satisfied himself that the tender and sale process was carried out appropriately; and if he will make a statement on the matter. [11858/04]

John Gormley

Ceist:

150 Mr. Gormley asked the Minister for Community, Rural and Gaeltacht Affairs the further reports on the matter he has received since the decision of Údarás na Gaeltachta to abandon the tender for sale of its 13-house complex at Eanach Mheain, Chontae na Gallimh. [11814/04]

I propose to take Questions Nos. 132, 141 and 150 together.

I refer the Deputies to my reply to today's Priority Question No 96.

Official Languages Act.

Paul Nicholas Gogarty

Ceist:

133 Mr. Gogarty asked the Minister for Community, Rural and Gaeltacht Affairs his views on the reported concerns of the Association of Chief Executives of Public Bodies on the implementation on the Official Languages Act 2003. [11811/04]

Brian O'Shea

Ceist:

841 Mr. O’Shea asked the Minister for Community, Rural and Gaeltacht Affairs his proposals in regard to the concerns (details supplied) of some chief executives of public bodies regarding the implementation of the Official Languages Act 2003; and if he will make a statement on the matter. [11661/04]

I propose to take Questions Nos. 133 and 841 together.

I refer the Deputies to my answer to Priority Question No. 97 on today's Order Paper.

Gaeltacht Employment Schemes.

Dan Boyle

Ceist:

134 Mr. Boyle asked the Minister for Community, Rural and Gaeltacht Affairs the number of companies in existence, established and registered by Údarás na Gaeltachta or full time officials of Údarás; the reasons such companies were formed; and the assets held by such companies. [11807/04]

Section 8(6) of the Údarás na Gaeltachta Act 1979 confers on the Údarás the power to form a body corporate for the purpose of establishing, developing or maintaining industries and productive schemes of employment in the Gaeltacht.

Údarás na Gaeltachta currently holds nine subsidiary companies established for a variety of purposes ranging from, for example, the promotion of cultural tourism to the promotion of new technology in Gaeltacht companies. Details of such companies are contained in the annual reports and accounts of Údarás na Gaeltachta, which are published annually and laid before the Houses of the Oireachtas. Information pertaining to the objectives and assets of the companies is available from the Company's Registration Office @ www.cro.ie

Question No. 135 answered with QuestionNo. 109.
Question No. 136 answered with QuestionNo. 126.

Departmental Programmes.

Jan O'Sullivan

Ceist:

137 Ms O’Sullivan asked the Minister for Community, Rural and Gaeltacht Affairs the progress made to date in regard to the implementation of the CLÁR programme; the number of areas in respect of which plans have been submitted to his Department; the projected budgets for these plans; when work on the implementation of the plans is likely to get underway; and if he will make a statement on the matter. [11843/04]

Jan O'Sullivan

Ceist:

158 Ms O’Sullivan asked the Minister for Community, Rural and Gaeltacht Affairs the amount of money available to the Government for the CLÁR programme; and if he will make a statement on the matter. [11844/04]

Bernard J. Durkan

Ceist:

847 Mr. Durkan asked the Minister for Community, Rural and Gaeltacht Affairs the position in regard to the CLÁR programme with particular reference to its potential to expand its scope to assist communities for whom it was intended; and if he will make a statement on the matter. [12114/04]

I propose to take Question Nos. 137, 158 and 847 together.

I introduced the CLÁR programme in October 2001 to address depopulation as well as the decline and lack of services in rural areas. The agreed programme for Government contained a commitment to annual funding for the CLÁR programme and to consider additional areas for inclusion in light of the 2002 population census data. The Government decided on the additional areas for inclusion in the CLÁR programme and I announced these on 17 January 2003. Areas in 18 counties are now included in the programme and there are no plans for any further review of the boundary of CLÁR areas.

CLÁR funds, or co-funds, with other Departments, State agencies and local authorities, investment in selected priority developments. These investments are made, not on the basis of "plans", as referred to by the Deputy, but through a series of measures, over 20 in all, that support physical, economic and social infrastructure such as electricity conversion, roads, water and sewerage, village, housing and schools enhancement, health, broadband and sports and community projects. The measures reflect the priorities identified by the communities in the selected areas whom I consulted at the start of the programme. The projects under each measure are generally selected or recommended by the relevant Departments, State agencies, Leader groups and local authorities in consultation with my Department.

All the 18 CLÁR regions are benefiting under a variety of these measures. It is not possible to detail these, but I will send the information to the Deputies shortly. The measures were agreed with and are, for the most part, operated in tandem with the lead Departments, State agencies or public utilities, as appropriate. This ensures efficiency and effectiveness and meets the needs of the people in the CLÁR areas. I intend to continue this practice for any new measures I may introduce, depending on needs identified. Equally, I will keep under review the operation of existing measures.

The merits of this practice are reflected in the successful delivery of the programme. Expenditure amounted to €14.14 million in 2002 and to €8.613 million in 2003 which, it is estimated, levered out a further €21 million in related public and private expenditure in those two years into the areas which otherwise would have been bottom of the list for infrastructure investment. The provision in the Estimates for 2004 is €13.49 million, a 57% increase in the 2003 outturn, which will enable the continuation of investment under existing measures of the programme and provide scope for the introduction of such new measures as may be identified during the year.

With the ongoing co-operation of other Departments, State agencies and public utilities, CLÁR will continue to deliver on the commitment of supporting rural communities.

Question No. 138 answered with QuestionNo. 108.

Bóithre Straitéiseacha.

Fergus O'Dowd

Ceist:

139 D’fhiafraigh Mr. O’Dowd den Aire Gnóthaí Pobail, Tuaithe agus Gaeltachta cén fáth go bhfuil an t-airgead do na bóithre straitéiseacha i gCiarraí gearrtha siar i mbliana, cé gur tugadh geallúint tri bliana ó shin go mbeadh €1,000,000 le fáil gach bliain ar feadh tréimhse cúig bliana. [11908/04]

Sa bhliain 2000 cuireadh soláthar breise airgid ar fáil do mo Roinnse do réimeas an phlean forbartha náisiúnta, chun feabhas a chur ar bhóithre na Gaeltachta nach bóithre náisiúnta iad. Mar thoradh air sin, chuir mo Roinn tús le plean seacht mbliana agus súil aici go mbeadh bóthar maith straitéiseach amháin ar a laghad ag dul isteach chuig gach ceantar Gaeltachta roimh 2007.

Tá áthas orm a dheimhniú don Teachta go bhfuil clár oibre mo Roinne faoin bplean seacht mbliana chun cinn go maith ag an bpointe ama seo.

Bíonn an soláthar airgid atá ar fáil faoin scéim seo roinnte ar bhonn bliantúil de réir: daonra na gceantar Ghaeltachta éagsúla; riachtanais na hoibre; agus méid na hoibre atá curtha i gcrích cheana féin faoin scéim i gcomhar leis na comhairlí contae cuí. Níor tugadh aon ghealltanas fad-tréimhseach ariamh maidir le caiteachas faoin scéim i gContae Chiarraí nó in aon chontae Gaeltachta eile.

Mar eolas don Teachta, tá suimeanna mar seo a leanas íoctha ag mo Roinnse faoin scéim do bhóithre i gContae Chiarraí ó 2000 i leith:

Bliain

Deontas €

2000

1,015,790

2001

1,574,475

2002

1,000,000

2003

1,000,000

Iomlán

4,590,265

Question No. 140 answered with QuestionNo. 128.
Question No. 141 answered with QuestionNo. 132.

Rural Housing.

Seán Ryan

Ceist:

142 Mr. S. Ryan asked the Minister for Community, Rural and Gaeltacht Affairs the extent of consultations between his Department and the Department of the Environment, Heritage and Local Government prior to the publication of the Government’s guidelines for planning authorities on sustainable rural housing; his views on whether the proposals jeopardise good development practice in rural areas; and if he will make a statement on the matter. [11841/04]

Simon Coveney

Ceist:

173 Mr. Coveney asked the Minister for Community, Rural and Gaeltacht Affairs if the relaxation of planning guidelines, particularly for one-off rural houses, as a result of new guidelines recently published, will apply only in CLÁR designated areas; the result he anticipates in other non-CLÁR rural areas; and if he will make a statement on the matter. [11917/04]

I propose to take Questions Nos. 142 and 173 together.

I consulted my colleague, the Minister for the Environment, Heritage and Local Government in the preparation of the national spatial strategy prior to its publication, in particular in regard to rural planning. I said in my statement of 4 March last, welcoming the publication of the draft guidelines, that they represent a practical and thorough approach to the issue of rural housing.

The document, Consultation Draft of Guidelines for Planning Authorities on Sustainable Rural Housing, reflects exactly what I have been saying for the past number of years in regard to this issue. They provide a detailed framework which sets out how Government policy on rural housing, as set out in the national spatial strategy is to be taken forward by local authorities.

The guidelines are based on a presumption that people who have roots in or links to rural areas and are part of and contribute to the rural community will get planning permission for houses, provided they meet the normal requirements in regard to matters such as road safety and proper disposal of waste water.

I have frequently been accused of wanting a free-for-all on the rural housing issue but I repeat that what is needed is rural housing within the confines of good planning practice. The consultation draft reflects my position on this issue and it clearly outlines Government policy on the matter.

The guidelines are intended to apply to all rural areas, not just in CLÁR areas.

Question No. 143 answered with QuestionNo. 105.

Visitor Centre.

Liz McManus

Ceist:

144 Ms McManus asked the Minister for Community, Rural and Gaeltacht Affairs the position in regard to his plans to provide a visitor’s centre at Padraic Pearse’s summer house in Connemara; if there have been discussions between his Department and the Department of the Environment, Heritage and Local Government on the matter; the outcome of any such discussions; and if he will make a statement on the matter. [11838/04]

As the Deputy is aware, this is primarily matter for the Minister for Environment, Heritage and Local Government.

However Údarás na Gaeltachta has also indicated that it is willing to invest in the project. I have had discussions with officials and the Minister for the Department of Environment, Heritage and Local Government regarding this matter in the context of the review taking place regarding the national development plan commitments of that Department.

Irish Language.

Pat Breen

Ceist:

145 Mr. P. Breen asked the Minister for Community, Rural and Gaeltacht Affairs if he will make a statement on the progress to date of the interdepartmental committee for the islands, the Gaeltacht and the Irish language. [11902/04]

The interdepartmental committee for the islands, the Gaeltacht and the Irish language was established in 1997 in recognition of the need to co-ordinate the provision of my Department's service delivery with those of other Departments and bodies. In its initial stages, the committee frequently met in full session. However, in later years it was felt that it was more efficient to organise bilateral meetings with the various Ministers and most of the achievements of the committee were brought about subsequently on a bilateral basis. These include: a special rate of car tax for cars kept permanently on the islands; an increase in the remote area boarding grant for island children attending school on the mainland; the introduction of an islander allowance payable in respect of certain categories of social welfare benefits; input from my Department with regard to legislation affecting the Gaeltacht and the Irish language, Planning and Development Act, Education Act; the co-ordination of marine works in the Gaeltacht; agreement with regard to the unique role of my Department in the development of sports and recreational facilities in the Gaeltacht; and provision of health services on islands.

It is my intention to continue to pursue specific issues of importance to Gaeltacht and island communities, as well as matters concerning the Irish language, through this forum, in particular on a bilateral basis with the Ministers and Departments concerned.

Question No. 146 answered with QuestionNo. 123.
Question No. 147 answered with QuestionNo. 101.

Student Support Schemes.

Denis Naughten

Ceist:

148 Mr. Naughten asked the Minister for Community, Rural and Gaeltacht Affairs the progress he has made in conjunction with partnerships and community groups in developing a new student summer jobs scheme as promised. [11906/04]

As I have outlined to the House on a number of occasions, a replacement scheme for the student summer job scheme was never proposed. Rather it was anticipated that partnerships and community groups throughout the country would offer practical assistance and support to students in finding temporary summer employment in the labour market as required.

Such supports are by their nature local and informal. Therefore, it is not feasible to accurately quantify the extent to which these supports have contributed to students finding summer employment.

Question No. 149 answered with QuestionNo. 111.
Question No. 150 answered with QuestionNo. 132.
Question No. 151 answered with QuestionNo. 110.
Question No. 152 answered with QuestionNo. 108.

Voluntary Sector.

Paul Connaughton

Ceist:

153 Mr. Connaughton asked the Minister for Community, Rural and Gaeltacht Affairs the steps he is taking to improve the profile and status of volunteering particularly as a means of tackling social inclusion. [11942/04]

My Department supports a range of structures and programmes that recognise the important role of volunteers in the area of community and local development. These include: provision for the participation of community volunteers on the boards or other governance structures of partnerships, CDPs, LEADER groups, RAPID area implementation teams; and funding of measures to address, through voluntary activities, a range of challenges facing communities, including disadvantage and social exclusion.

On 1 January 2004, my Department assumed responsibility from Comhairle for the provision of funding to Focus Ireland, Tallaght Volunteer Bureau and Volunteering Ireland to support their work in relation to volunteering. Volunteering is also supported via my Department's funding schemes under the White Paper on the Voluntary Sector and by way of the programme of grants for locally-based organisations in the community and voluntary sector. In addition, my Department supports a number of local volunteering bureaux through the local development programme. My Department will continue to work closely with these and other organisations in this field in supporting the development of volunteering.

Drug Abuse.

Jack Wall

Ceist:

154 Mr. Wall asked the Minister for Community, Rural and Gaeltacht Affairs if, in view of recent reports of increasing widespread drug use among young persons here, he intends to extend funding through the young persons facilities and services fund to more areas than those currently serviced by the fund; his views on whether the €13 million provided to the fund announced earlier in 2004 is sufficient to tackle drug use here; and if he will make a statement on the matter. [11836/04]

As the Deputy is aware, the aim of the young persons facilities and services fund, established by the Government in 1998, is to attract "at risk" young people in disadvantaged areas into facilities, programmes and activities that will divert them away from the dangers of substance abuse.

The main areas being targeted under the fund are the 14 local task force areas of Dublin, Bray and Cork, where a significant drug problem exists or has the potential to develop. However, recognising that the drug problem is not confined to the local drugs task force areas, funding was also allocated to a number of urban areas, Galway, Limerick, Waterford and Carlow. A separate allocation was also made to assist a number of voluntary organisations with a national or regional remit, which have the capacity to deliver targeted education and prevention initiatives.

To date, over €72 million has been allocated under the fund to support in the region of 450 facility and services projects. This amount includes the €13 million worth of allocations which I recently announced for over 100 round II proposals. Through the new funding being allocated, a number of new dedicated youth and community centres will be built and a wide and diverse variety of youth work projects across the 14 drugs task force areas will be supported. Substantial funding is also being made available towards the staffing and operational costs of a number of larger community/youth centres built under round I of the fund. There are no plans at present to extend the young persons facilities and services fund to other areas.

Tuarascáil Choimisiún na Gaeltachta.

Michael Ring

Ceist:

155 D’fhiafraigh Mr. Ring den Aire Gnóthaí Pobail, Tuaithe agus Gaeltachta cathain atá sé chun moltaí Choimisiún na Gaeltachta faoi athrú bunúsach ar ról Údaras na Gaeltachta a chur i bhfeidhm agus an bhfuil sé chun ráiteas a dhéanamh. [11914/04]

I líne le moltaí Choimisiúin na Gaeltachta tá níos mó d'achmhainní an údaráis ná ariamh á dhíriú ar cur chun cinn na Gaeilge.

Tá athbreithniú straitéiseach ar siúl ag mo Roinn i láthair na huaire, i gcomhar le hÚdarás na Gaeltachta, maidir le todhchaí na heagraíochta. Mar chuid den athbhreithniú seo, tá moltaí ábhartha i dtuarascáil Choimisiún na Gaeltachta maidir le struchtúr Údarás na Gaeltachta á gcur san áireamh.

Offshore Islands.

Denis Naughten

Ceist:

156 Mr. Naughten asked the Minister for Community, Rural and Gaeltacht Affairs the change he has made in the running of his Department since the passing of the Minister for Community, Rural and Gaeltacht Affairs (Powers and Functions) Act 2003; and if he will make a statement on the matter. [11944/04]

Pádraic McCormack

Ceist:

159 Mr. McCormack asked the Minister for Community, Rural and Gaeltacht Affairs when legislation establishing formal contracts with island ferry operators will be published; the contents of this legislation; and the safeguards it will have to ensure best practice in awarding such contracts particularly after criticism in the Comptroller and Auditor General’s report of past practice. [11926/04]

I propose to take Questions Nos 156 and 159 together.

Following in part from the Report of the Comptroller and Auditor General which identified certain legal issues relevant to the provision of transport services to the islands, the Minister for Community, Rural and Gaeltacht Affairs (Powers and Functions) Act 2003 was enacted last year.

The purpose of this Act is, firstly, to consolidate previously existing legislative powers held by the Minister in relation to the provision of transport to the islands and, secondly, to address the provision of airstrips on the islands and of connecting bus passenger services as part of certain ferry/air contracts.

As a division dealing with such matters was already in place, the enactment of the legislation has not occasioned significant change in administrative structures within my Department.

In regard to formal contracts with island ferry operators, the position is that my officials have been in regular consultation with the Office of the Chief State Solicitor over the past number of months and have recently received from that office a draft generic contract to be used for all new ferry service agreements entered into by my Department.

In the case of formal contracts with ferry operators providing services, which incorporate road transport links, the position is that, arising from the new legislative provisions in this regard, my Department is in the preliminary stages of preparing draft regulations. These regulations, which will be subject to the consent of the Ministers for Finance and Transport, will set down the agreed destinations for connecting bus passenger services and will form the basis for entering into formal contracts in these particular cases.

With regard to the issue of ensuring best practice in relation to the award of subsidised island ferry contracts, the Deputy will be aware that the Report of the Comptroller and Auditor General referred to the need for formal contracts, with enforceable performance clauses, to cover all the subsidised travel services to the islands. Since the publication of that report, my Department has taken steps to ensure that providers formally sign up to the requirements and responsibilities attaching to the provision of subsidised services. In addition, the legal issue arising in relation to the jurisdiction of the Minister to require the provision of supporting bus transport for certain services has been addressed through the enactment of the legislation referred to above.

As part of its wider response to the report's findings, my Department has secured the support of external expert advice to review and validate tendering processes; strengthened provisions in contract documents, including the signing of a declaration so as to ensure disclosure of breaches of any law generally and to ensure contractors' financial and professional suitability; and required all staff involved in the tendering process to be subject to the Ethics Acts or other appropriate form of disclosure. In addition, issues in regard to the optimal duration and terms and conditions of contracts are addressed in a report carried out recently by consultants Malachy Walsh and Partners for my Department, the recommendations of which I am currently considering. A copy of this study is posted on my Department's website at www.pobail.ie.

Rural Development.

Eamon Ryan

Ceist:

157 Mr. Eamon Ryan asked the Minister for Community, Rural and Gaeltacht Affairs the role played by his Department at a recent conference held in Tullamore on rural development organised by Teagasc. [11816/04]

Two officials of my Department participated in the conference. One official gave a presentation on the implementation of the Government's rural development policy. The second official chaired the afternoon mini-conference on tourism.

Question No. 158 answered with QuestionNo. 137.
Question No. 159 answered with QuestionNo. 156.
Question No. 160 answered with QuestionNo. 111.
Question No. 161 answered with QuestionNo. 113.

Community Development.

Seymour Crawford

Ceist:

162 Mr. Crawford asked the Minister for Community, Rural and Gaeltacht Affairs if it is possible for the North Eastern Health Board to obtain CLÁR funding towards the provision of a new health clinic in Killeshandra, County Cavan, in view of the difficult access to the present clinic and its limited facilities available to meet fire and safety measures; and if he will make a statement on the matter. [11651/04]

Killeshandra is not in the CLÁR region and therefore cannot be considered for inclusion in the health or any other measure, of the CLÁR programme.

I might explain that, in any event, small capital health projects, to be co-funded under the CLÁR programme, are proposed, in the first instance, by the Department of Health and Children following consultations with the health boards.

Caillteanas Post.

Michael Noonan

Ceist:

163 D’fhiafraigh Mr. Noonan den Aire Gnóthaí Pobail, Tuaithe agus Gaeltachta an ndéanfaidh sé ráiteas faoin méid postanna atá caillte sa Ghaeltacht le dhá bhliain anuas agus an bhfuil sé chun aon treoracha nua a thabhairt d’Údarás na Gaeltachta chun polasaí nua a chur i bhfeidhm chun postanna a mhealladh chuig an nGaeltacht. [11930/04]

Tá na fíricí maidir le caillteanas poist i 2002 agus 2003 sonraithe sa tábla seo a leanas:

Poist

2002

2003

Athrú

%

Poist lánaimseartha

7,571

7,346

-3.0

Poist iomlán (lánaimseartha/páirtaimseartha/séasúracha)

11,657

11,566

-0.8

Poist nua lánaimseartha

927

1,052

+13

Mar a dúirt mé i bhfreagra ar Cheist Uimh. 199 ar 9 Márta, 2004, tá athruithe suntasacha tagtha ar chúrsaí tionsclaíocha agus eacnamaíocha na tíre seo le blianta beaga anuas agus tá an scéal mar an gcéanna sa Ghaeltachta. Is tuar dóchais é áfach, mar atá léirithe sa tábla, go bhfuil líon na bpost nua ag méadú.

Sna cúinsí uile seo, tá Údarás na Gaeltachta ag díriú ar earnálacha nua fostaíochta, mar shampla, réimse na teicneolaíochta faisnéise, fiontair a bhaineann le hacmhainní mara agus nádúrtha, an geilleagar sóisialach agus turasóireacht chultúrtha.

Tá béim á cur freisin ar dheiseanna oideachais tríú leibhéal a fhorbairt sa Ghaeltacht i gcomhar leis na hinstitiúidí cuí. Chomh maith leis seo, tá an t-údarás ag tabhairt faoi mholtaí eile a cuireadh ar fáil i dtuarascáil an ghrúpa oibre ar chruthú fostaíochta sa Ghaeltacht a foilsíodh ag deireadh 2002. Tá cur síos i bhfreagra ar Cheist Uimh. 193 ar 4 Feabhra, 2004 ar an dul chun cinn suntasach atá déanta maidir le cur i bhfeidhm na moltaí sin.

Chun dul i ngleic le fadhb na dífhostaíochta agus chun deiseanna fostaíochta nuálacha agus Gaeilge-bhunaithe a thapú, sa bhliain 2003 thug mé treoir don údarás 20% den chaiteachas caipitil a chaitheamh ar thograí teanga-bhunaithe. Tá sé i gceist an treoir sin a chur i bhfeidhm arís i 2004.

Bóithre Straitéiseacha.

Pádraic McCormack

Ceist:

164 D’fhiafraigh Mr. McCormack den Aire Gnóthaí Pobail, Tuaithe agus Gaeltachta cé mhéid airgid a cuireadh ar fáil sna contaetha Gaeltachta do na bóithre straitéiseacha sna blianta 2002, 2003, 2004 agus an bhfuil sé chun ráiteas a dhéanamh. [11909/04]

Tá áthas orm a dheimhniú don Teachta go bhfuil clár oibre mo Roinne faoin bplean seacht mbliana do bhóithre stráitéiseacha sa Ghaeltacht, a cuireadh tús leis i 2000 mar chuid den phlean náisiúnta forbartha, chun cinn go maith ag an bpointe ama seo. Tá sonraí sa tábla leis seo faoi dheontais mo Roinne i leith na mbóithre straitéiseacha sin do na blianta 2002, 2003 agus 2004.

TÁBLA

Scéim na mBóithre Stráteiseacha 2002-2004

Contae

2002 Deontais íoctha

2003 Deontais íoctha

2004 Deontais ceadaithe

Iomlán

Dún na nGall

1,300,000

1,623,844

1,300,000

4,223,844

Maigh Eo

1,200,000

1,125,000

800,000

3,125,000

Gaillimh

1,782,500

1,924,784

1,550,000

5,257,284

Ciarraí

1,000,000

1,000,000

539,000

2,539,000

Corcaigh

634,800

600,000

480,000

1,714,800

Port Láirge

190,461

200,000

150,000

540,461

An Mhí

0

150,000

150,000

300,000

Iomlán

6,107,761

6,623,628

4,969,000

17,700,389

Question No. 165 answered with QuestionNo. 126.
Question No. 166 answered with QuestionNo. 121.

Decentralisation Programme.

Enda Kenny

Ceist:

167 Mr. Kenny asked the Minister for Community, Rural and Gaeltacht Affairs the progress made by his Department in relation to the decentralisation of its staff; if he has undertaken a survey of staff which indicates the number willing to decentralise; when this can be expected to begin; and if he will make a statement on the matter. [11939/04]

The Deputy will be aware that the progress of decentralisation in any Department is guided by the overall implementation process being carried out by the central implementation group. Significant progress has been achieved within my Department to date.

A dedicated decentralisation unit has been set up to manage the programme. This unit has prepared an information pack, which includes a wide range of information on 17 towns in the area surrounding Knock Airport, as well as Na Forbacha and Clifden. The unit issues regular bulletins to the staff with all the up-to-date information available on decentralisation.

A departmental decentralisation committee has been established to steer the decentralisation process within the Department. Membership of the committee is made up of senior management and staff. In addition, a liaison officer has been appointed to facilitate communication between the Department of Finance and my Department.

Special meetings of the partnership committee are held to specifically address issues arising from decentralisation. There is also regular communication between the Department and staff associations through the departmental council process.

A decentralisation implementation plan for my Department is currently being prepared. Matters which will come within the framework of this plan include: job analysis and process mapping for each function within my Department; induction and training schedules for transferring staff; planning for phased transfer of staff; provision of appropriate office accommodation in each location; logistics; and risk assessment

No survey of staff has been carried out as yet to ascertain the level of interest in decentralisation. The CAF system, as announced in the Flynn report, will carry out this task on a Civil Service wide basis. It is expected that the system will to be available on-line by the end of May to allow staff to register their preferences and that an analysis of the information ascertained will be available by the end of June. My Department will then, subject to such arrangements as are agreed centrally, be in a position to proceed with the next phase of the decentralisation process.

Community Development.

Seymour Crawford

Ceist:

168 Mr. Crawford asked the Minister for Community, Rural and Gaeltacht Affairs if he will make a commitment to have towns and areas like Clones and Castleblayney, which suffered so much from the 35 years of troubles and depopulation in the Border area to be re-examined and included in either the RAPID or CLÁR programme or both; his views on whether without this categorisation, it will be difficult to obtain sufficient funding for the re-opening and restoration of courthouse and other facilities; and if he will make a statement on the matter. [11859/04]

The 45 RAPID areas were selected on the basis of objective criteria and neither Clones nor Castleblaney were among the areas identified. There are no plans at present to increase the number of RAPID areas.

As regards CLÁR, An Agreed Programme for Government contained a commitment to annual funding for the CLÁR programme and to consider additional areas for inclusion in light of the 2002 population census data. The Government decided on the additional areas for inclusion in the CLÁR programme and I announced these on 17 January 2003. Areas in 18 counties, including the six Border counties, are now included in the programme. There are no plans at present for any further review of the boundary of CLÁR areas.

Departmental Surveys.

Pat Breen

Ceist:

169 Mr. P. Breen asked the Minister for Community, Rural and Gaeltacht Affairs his views on the results of a customer service survey conducted by his Department; and if he intends to change working practices, structures and so on within his Department as a result of this survey. [11943/04]

As part of the development of its customer charter and customer service action plan for the next three years, a survey of customers was carried out by my Department.

The results of this survey showed a positive attitude by respondents to the standards of service provided by my Department. A Customer Service Action Plan 2004-2007 is now being developed by my Department which, building on the results of the customer service survey, will aim to further enhance our standards of customer service into the future.

Questions Nos. 170 and 171 answered with Question No. 113.

Departmental Programmes.

David Stanton

Ceist:

172 Mr. Stanton asked the Minister for Community, Rural and Gaeltacht Affairs the progress on the proposals to make CLÁR funding available for recreational facilities for national schools; the way in which funding will be disbursed; and if he will make a statement on the matter. [11905/04]

I announced details of the first round of funding under the CLÁR primary school outdoor play facilities enhancement scheme on 29 March 2004. Under the CLÁR programme, €500,000 is being provided for the scheme which matches €500,000 from the Department of Education and Science. The maximum expenditure per school is €10,000, with CLÁR and the Department of Education and Science funding 75% of the cost supplemented by a 25% contribution from local sources. One hundred and ninety seven projects, at a total cost of over €1.1 million in 132 schools will be funded under phase 1 of the scheme. There has been an overwhelming level of interest shown in the scheme and a further round will be announced in the near future.

Question No. 173 answered with QuestionNo. 142.

Official Languages.

John Bruton

Ceist:

174 Mr. J. Bruton asked the Minister for Community, Rural and Gaeltacht Affairs the circumstances in which, in accordance with Article 8(3) of the Constitution, provision by law is made for only one of the official languages of the State to be exclusively used in public business. [11620/04]

I have no responsibility for the entirety of legislation enacted since the adoption by the people of the Constitution and still on the Statute Book and no responsibility for the provision of legal advice on the interpretation of any Act or any particular legislative provision. The circumstances in which any particular Act addresses any specific matter under the Constitution would be set out in the Act concerned, or otherwise in the explanatory memorandum accompanying a Bill, or in speeches made in that regard by the sponsoring Minister for the record in this House or in the Seanad. The procedures by which legislation is processed by the Houses are set out in Standing Orders and in the Constitution itself and I have no ministerial responsibility in that regard.

Agricultural Land.

Martin Ferris

Ceist:

175 Mr. Ferris asked the Taoiseach if he will provide statistics on the amount of agricultural land that has been purchased and taken out of agricultural use since 1998. [11772/04]

The exact information requested by the Deputy is not available. The CSO compiles statistics on the agricultural area utilised on farms over one hectare from its annual June agricultural survey. This comprises the area under crops, horticulture, silage, hay, pasture and rough grazing in use including fallow and set-aside land.

Year

Agricultural Area Utilised (ha*)

1998

4,414,800

1999

4,418,400

2000

4,443,200

2001

4,410,100

2002

4,372,000

A figure for agricultural area utilised for 2003 will be available when the crops and livestock survey, June 2003, release is published on 30 April.

Multinational Corporations’ Profits.

Joe Higgins

Ceist:

176 Mr. J. Higgins asked the Taoiseach the amount of profits repatriated by multinational corporations here for each year from 2000 to the latest date in 2004 for which figures are available; and if he will make a statement on the matter. [11857/04]

The best statistical indicator of the amount of profits repatriated by multinational corporations in the State is the direct investment income on equity debit figure in the balance of payments release published by the Central Statistics Office each quarter. The following tables show the annual and quarterly outflows for the years 2000-03. Data for the first quarter of 2004 are not available yet but are due to be published by the end of June this year.

Table 1 Direct Investment Income on Equity Debits

Year

Amount €m

2003

29,963

2002

31,739

2001

25,407

2000

22,298

Table 2 Direct Investment Income on Equity Debits

Quarter

Amount €m

2003 Q4

7,703

2003 Q3

7,468

2003 Q2

7,632

2003 Q1

7,160

2002 Q4

8,405

2002 Q3

7,940

2002 Q2

7,982

2002 Q1

7,412

2001 Q4

6,481

2001 Q3

6,370

2001 Q2

6,711

2001 Q1

5,845

2000 Q4

6,067

2000 Q3

6,333

2000 Q2

5,062

2000 Q1

4,836

Irish Agrément Board.

Paul Kehoe

Ceist:

177 Mr. Kehoe asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of persons that are directly employed in the Irish Agrément Board, the comparative figures for the past few years; and the products which have agrément certificates. [11433/04]

The Irish Agrément Board, IAB, is a consultative committee of the National Standards Authority of Ireland, NSAI, established under section 10 of the National Standards Authority of Ireland Act 1996. It deals with certification of building products, processes or systems for fitness for purpose. The IAB does not employ staff directly. Staff working in the agrément division of the NSAI are employed by both NSAI and Forfás. In 1999 the number of staff working in the agrément division was two. In 2000 this number was raised to three and it is envisaged that the number working in the area will be raised to six in the very near future.

There are 169 products approved or certified by the Irish Agrément Board for products, systems or processes. A comprehensive list of its products is to be found on the NSAI website, www.nsai.ie, along with a range of information on the Irish Agrément Board.

Paul Kehoe

Ceist:

178 Mr. Kehoe asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of audits, six monthly or annually, which have been carried out by the Irish Agrément Board on agrément supplied products; and the action that was taken as a result. [11434/04]

In 2001 the National Standards Authority of Ireland commissioned a study on agrément in Ireland. This study was conducted by Fitzpatricks Associates, consultants. As part of the study, there was broad consultation with various groups including client companies, IBEC, Government Departments and Irish Agrément Board management and staff. Arising from the report, the NSAI decided at its board meeting in September 2003 to approve an action plan for agrément.

Due to the lack of effectiveness of the surveillance system operated by the IAB in recent years, site audits were suspended with a view to re-engineering the processes involved. As part of the action plan, the management of the Irish Agrément Board has commenced a pilot study of the requirements of surveillance for waste water treatment systems and the first pilot audit has now taken place. Under the plan, a review of the pilot audit will take place shortly and thereafter a system will be put in place to ensure effective surveillance audits. The number of planned surveillance audit days of certified companies in 2004 is 70.

International Agreements.

Seán Crowe

Ceist:

179 Mr. Crowe asked the Tánaiste and Minister for Enterprise, Trade and Employment if Ireland will be signing up to the ADR. [11738/04]

A memorandum on this matter, being prepared by my Department, will be submitted to Government by the Department of Foreign Affairs later this year.

Safety Advisers’ Certificates.

Seán Crowe

Ceist:

180 Mr. Crowe asked the Tánaiste and Minister for Enterprise, Trade and Employment if she intends changing the regulation whereby safety advisers have to re-sit their exams every five years. [11739/04]

Seán Crowe

Ceist:

181 Mr. Crowe asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will replace the five yearly exam with a refresher course to be conducted every two years in line with the biannual republication of the ADR manual. [11740/04]

Michael D. Higgins

Ceist:

182 Mr. M. Higgins asked the Tánaiste and Minister for Enterprise, Trade and Employment the position held by the Government with regard to the need for members of the Dangerous Goods Safety Advisors’ Association of Ireland to repeat their examinations every five years; if the Government agrees with proposals to instead introduce a refresher course every two years; and if Ireland proposes to sign up to the European Agreement Concerning the International Carriage of Dangerous Goods by Road, ADR, in view of the fact that until such time, Ireland has no say or input into the ADR. [11870/04]

I propose to take Questions Nos. 180 to 182, inclusive, together.

The current legislative provisions relating to the appointment, examination etc., of safety advisers for the transport of dangerous goods by road are set out in the European Communities (Safety Advisers for the Transport of Dangerous Goods by Road and Rail) Regulations 2001 (S.I. No. 6 of 2001). These regulations transpose: Council Directive 96/35/EC of 3 June 1996 on the appointment and vocational qualification of safety advisers for the transport of dangerous goods by road, rail and inland waterway; and Directive 2000/18/EC of the European Parliament and of the Council of 17 April 2000 on minimum examination requirements for safety advisers for the transport of dangerous goods by road, rail or inland waterway.

Under the regulations and directives, a safety adviser for the transport of dangerous goods must hold an EU certificate of training as a safety adviser. The regulations and directives also lay down the minimum examination requirements for the examination needed to obtain such a certificate. Article 6 of Directive 96/35/EC, relating to the validity of the certificate, provides that:

The certificate shall be valid for five years. The period of validity of a certificate shall be extended automatically for five years at a time where, during the final year before its expiry, its holder has followed refresher courses or passed an examination both of which must be approved by the competent authority.

This is transposed in Ireland through Regulation 7(12) of the 2001 regulations, which provides that:

Where the holder of a training certificate can show to the competent authority concerned, that within the 12 month period which precedes the expiry of the validity of the certificate referred to in paragraph (11) or of any extension of it given under this paragraph, he or she has passed an examination which has been approved by the competent authority, the period of validity of that certificate shall be extended by the competent authority for a further period of 5 years.

I have no proposals currently to alter the existing requirements and I do not envisage changing those requirements in the foreseeable future.

I am informed by the Health and Safety Authority, the national competent authority in Ireland for the regulations, that it is considered too onerous to require training for safety advisers every two years, particularly in light of the decision in October 2003 by the joint meeting of the RID safety committee, international rail transport, and the working party on the transport of dangerous goods, which works under the auspices of the UN-ECE, United Nations Economic Commission for Europe, and which takes decisions on the amendments to the international agreements ADR-RID-AND, on the transport of dangerous goods by road, rail and inland waterways respectively.

That unanimous decision, to which all member states of the EU were party, decided that revalidation of safety adviser certificates would be by examination every five years and that such examinations would be approved by the relevant competent authority in each member state. This position will be reflected in the 2005 edition of the ADR, which will become applicable from 1 January 2005, with a six-month transition period. A memorandum on the matter of acceding to the ADR is being prepared by my Department and will be submitted to Government by the Department of Foreign Affairs later this year.

EU Trade Policy.

Dan Boyle

Ceist:

183 Mr. Boyle asked the Tánaiste and Minister for Enterprise, Trade and Employment the Government’s response to the recommendations of the Comhlámh report, Beyond Cancun — EU Agricultural Trade Policy and the Majority World. [11166/04]

I welcome the recently published report by Comhlámh, Beyond Cancun — EU Agricultural Trade Policy and the Majority World. It will contribute to the broadening of the debate on agricultural trade policy and the impact of these policies on the development dimensions of the current trade round.

The EU commenced an internal reflection period with key stakeholders including the EU member states, the European Commission and the European Parliament to review the DDA negotiations in the aftermath of the failed Cancun Conference. The European Commission communication which issued, following the conclusion of this period of reflection, in November 2003 notified the approach to reviving the DDA negotiations from the EU perspective. In it there is clear emphasis on the need for the reintegration of developing countries into the world economy as a necessary condition for development, and that such integration will be deeper and fairer if anchored in the multilateral trading system.

The strategy and approach notified in the Commission communication across the full spectrum of DDA negotiating issues was endorsed by the EU Council of Ministers in December 2003. The EU Council encouraged the European Commission, on its behalf, to actively engage with our WTO trading partners aimed at the immediate re-launch of the DDA negotiations and stated that the "Union give priority to the achievement of real benefits in the short term to the poorest countries through rapid progress on issues of importance to them".

The EU, therefore, is committed to work hard to secure genuinely pro-development outcomes in all areas of the Doha work programme, in line with the stress placed on this in earlier Council conclusions. Action to achieve these outcomes are those identified in the September 2002 Communication on Trade and Development, endorsed by the EU Council, including in the areas of market access, multilateral; trade rules, trade-related assistance and capacity building, including the mainstreaming of trade-related assistance into poverty reduction strategy papers, and similar strategies.

I again welcome Comhlámh report and its contribution to the debate which will be considered in the context of the strategies and approach to achieve the desired objectives across the full spectrum of DDA sectors, including in relation to agricultural trade policy. In that context, I understand that my colleague, the Minister for Agriculture and Food, Deputy Walsh, as President of the Agriculture Council, intends to hold a debate at the informal Ministers meeting in Ireland in May on how the impact of CAP reform on international trade as well as opportunities arising from existing and future international arrangements can best be communicated to the EU's trading partners and, in particular, developing countries. EU trade policy is a community competence. As such a common EU approach is developed and formulated in the evolution of the common commercial policy of the Union.

Work Permits.

Jim O'Keeffe

Ceist:

184 Mr. J. O’Keeffe asked the Tánaiste and Minister for Enterprise, Trade and Employment her views on the issue of work permits here and throughout the European Union to citizens of Kosovo. [11192/04]

It should be noted that my Department does not discriminate, positively or negatively, between nationals of the various non-EEA countries. Any work permit granted in respect of personnel from outside the expanded EU is granted on the basis of the skills, experience and qualifications of the person in question. My Department is satisfied from experience in recent years that the great bulk of Ireland's overseas labour needs can be met from within the enlarged EU. However, exceptionally skilled, highly paid employees can still be sourced from the wider world after May 2004. Policies adopted by other member states of the European Union in respect of the issue of work permits are a matter for the Governments of those states.

Community Employment Schemes.

Fergus O'Dowd

Ceist:

185 Mr. O’Dowd asked the Tánaiste and Minister for Enterprise, Trade and Employment the response to the report on the document, The Effects of Cuts on Community Employment Schemes in Finglas, as launched by the Finglas Anti-Cuts Action Group recently. [11231/04]

The report in question outlines the very significant role which community employment, CE, plays in the provision of social services in the Finglas area and the success achieved to date in assisting local unemployed persons to take up mainstream jobs. In addition, this report lists a number of recommendations that the group would like to see implemented. The concerns of the Finglas Anti-Cuts Action Group and other sponsor organisations are being considered in the context of the overall review of CE and job initiative currently being undertaken by a group of senior officials and FÁS. The outcome of this review will inform any future adjustments in the structure and the terms and conditions of participation on community employment.

Work Permits.

Ruairí Quinn

Ceist:

186 Mr. Quinn asked the Tánaiste and Minister for Enterprise, Trade and Employment if she has replied to correspondence (details supplied) regarding residency stamp and work permit; if she will report on the matter; if the obstacles to the complete operation of this innovative service company have been removed; and if she will make a statement on the matter. [11297/04]

The correspondence referred to raised the question of whether or not non-EEA nationals carrying out a course of studies in Ireland, and in possession of a student visa to do so, would require a work permit if they wished to take up periods of full-time employment in Ireland. My Department issued a response, and had a subsequent meeting with the college in question, both of which clarified the point that non-EEA nationals in Ireland on student visas are entitled to work 20 hours per week and 40 hours per week during vacation periods. However, they are not entitled to take up periods of full-time employment during their studies in the absence of an employment permit.

Jack Wall

Ceist:

187 Mr. Wall asked the Tánaiste and Minister for Enterprise, Trade and Employment the position of a person (details supplied) in County Kildare for a work permit; and if she will make a statement on the matter. [11321/04]

A work permit application in respect of the individual concerned has been refused for a number of reasons, including the fact that she has been illegally resident in the country for over ten months.

Bernard J. Durkan

Ceist:

188 Mr. Durkan asked the Tánaiste and Minister for Enterprise, Trade and Employment if it is necessary for postgraduate medical and nursing students on clinical practice placement employment in hospitals to apply for work permits; and if she will make a statement on the matter. [11322/04]

There is a long-standing arrangement, agreed in conjunction with the Department of Justice, Equality and Law Reform, whereby non-EEA postgraduate medical students may take up employment in the State without requiring a work permit to do so, providing the work is an integral part of their studies. It is very important to note that this concession only applies to non-EEA nationals who are undertaking a course of recognised postgraduate studies at a recognised third level institution in Ireland. It does not, however, apply to non-EEA nationals studying in Ireland who may happen to already possess a postgraduate qualification in their home country.

Lost Work Days.

Arthur Morgan

Ceist:

189 Mr. Morgan asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of work days that were lost in 2003 and for each of the previous five years, as a result of work-related injuries; and if she will make a statement on the matter. [11358/04]

The figures for the number of work days that were lost in 2003 are compiled by the Central Statistics Office, CSO, and are expected to be available later this year.

In 2002, 3.156 million work days were lost due to work-related injuries and illnesses. It should be noted that this figure is calculated on the basis of those in employment, those unemployed and those not in the labour force. The figure related to those in employment is 1.286 million work days lost. An analysis of these figures, including an economic sector breakdown, is set out in tables 1 and 2. These figures have been obtained through the quarterly national household survey, QNHS, conducted by the CSO. There are no comparable figures available for years prior to 2002 as the questionnaire used by the CSO has changed compared to previous versions.

Table 1

Number of days lost due to work-related injury and illness by ILO economic status, 2002, CSO

ILO Economic status

Number of days lost due to injury

Number of days lost due to illness

Total number of days lost

Number of persons

Days lost per person

In employment

610,400

675,700

1,286,100

1,772,000

0.7

Unemployed

14,400

38,500

52,800

84,900

0.6

Not in labour force

63,200

1,754,800

1,818,000

1,266,400

1.4

Total aged 15 or over

688,000

2,468,900

3,156,900

3,123,300

1.0

Source: QNHS Q1 2003

Table 2

Number of days lost due to work-related injury and illness by NACE Economic sector, 2002, CSO

NACE Economic sector

Number of days lost due to injury

Number of days lost due to illness

Total number of days lost

Number of persons

Days lost per person

A-B

Agriculture, Forestry and Fishing

48,000

81,200

129,100

114,300

1.1

C-E

Other Production Industries

131,300

88,600

219,900

303,200

0.7

F

Construction

99,400

97,000

196,400

188,500

1.0

G

Wholesale and Retail

69,600

84,300

153,900

252,300

0.6

H

Hotels and Restaurants

33,400

33,400

66,800

110,500

0.6

I

Transport, Storage and Communications

57,500

54,100

111,600

110,900

1.0

J-K

Financial and Other Services

23,400

43,500

66,800

226,600

0.3

L

Public Administration, Defence and Social Security

52,500

44,000

96,500

88,600

1.1

M

Education

13,500

28,600

42,000

115,000

0.4

N

Health and Social Work

62,400

93,400

155,800

165,700

0.9

O

Other

19,500

27,800

47,200

96,300

0.5

Total in employment

610,400

675,700

1,286,100

1,772,000

0.7

Source: QNHS Q1 2003

Below Cost Selling.

Arthur Morgan

Ceist:

190 Mr. Morgan asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will report on the consultations she has had around proposed changes to the retail planning guidelines and the end of the ban on below cost selling; if she intends to make a decision or recommendation on this matter in the near future; and the implications she believes such changes would have for small business people and community-based enterprises. [11359/04]

Responsibility for the retail planning guidelines lies with the Minister for the Environment, Heritage and Local Government, who is currently reviewing the operation of the guidelines in so far as they relate to non-food outlets.

I am continuing to review the Restrictive Practices (Groceries) Order 1987 and the ban on below cost selling contained therein. To date, I have received a large amount of correspondence in the matter from interested parties. I have also met a number of these parties. As Minister with responsibility for consumer welfare, I must, in considering the views of those who advocate retaining the order in its current form, balance those views with the need to ensure that the interests of consumers are best served. I will take the views of all interested parties into consideration before making any decision in relation to the order.

Industrial Development.

Paul Connaughton

Ceist:

191 Mr. Connaughton asked the Tánaiste and Minister for Enterprise, Trade and Employment the reason IDA Ireland or Enterprise Ireland have not been able to get industrialists into the new advanced factory on the Dunmore Road in Tuam; the amount of money that has been spent to date on the project; if there are ongoing discussions with interested parties for the provision of badly needed jobs in the hub town of Tuam; and if she will make a statement on the matter. [11382/04]

The management of IDA Ireland's industrial property portfolio is a day to day operational matter for the agency as part of the statutory responsibility assigned to it by the Oireachtas for industrial development and it is not a role in which I have a direct function. I understand from IDA Ireland that the new advanced factory, to which the Deputy refers, has not yet been built. Planning permission was recently obtained for the factory, which is to be located on a new 27 acre business and technology park on the Dunmore Road, Tuam, involving an investment to date of circa €3.5 million. In light of a shift in client needs, IDA Ireland is currently reviewing the building's design in order to ensure that the most up-to-date and suitable facility for attracting new industries is realised.

The industrial development agencies Enterprise Ireland, EI, and IDA Ireland are fully committed to the development of Tuam, which has been designated as a hub town in the national spatial strategy and is, therefore, very much a priority area for these agencies to develop. The agencies are actively promoting Tuam for new investment on an ongoing basis, with IDA Ireland seeking out foreign direct investment through its network of overseas offices and EI concentrating on the development of indigenous industries in the town. The new 27 acre park will significantly enhance the attractiveness of the Tuam area as a potential location for industry, and is an added selling point in the respective strategies of IDA Ireland and EI in their promotion of Tuam to potential investors at home and abroad.

I am confident that the strategies and policies being pursued by the development agencies, together with the ongoing commitment of Government to regional development will bear fruit in terms of additional investment and jobs for the people of Tuam.

Redundancy Payments.

Bernard J. Durkan

Ceist:

192 Mr. Durkan asked the Tánaiste and Minister for Enterprise, Trade and Employment when redundancy will be paid in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [11482/04]

My Department was formally notified of the proposed redundancy of the person concerned on 17 December 2003, when statutory form RP1, notice of proposed redundancy, was submitted in respect of that person. No further documentation has been submitted.

Under the Redundancy Payments Acts 1967 to 2003, the Department has a responsibility to ensure that all eligible employees receive their correct statutory redundancy lump sum entitlement. From the information received on form RP1 it appears that the employee concerned fulfils the necessary criteria for a statutory redundancy payment. In the event of the employer failing to make this payment, the Department will make the payment from the social insurance fund, on receipt of the necessary documentation, and will then endeavour to recoup the money from the employer. Information on this matter can be obtained from employment rights information section of the Department — telephone (01) 6313131 or Lo-Call 1890 201615 — or from redundancy payments section — telephone (01) 6312121 or Lo-Call 1890 220222. In addition, my Department has now sent the person concerned a copy of the recently updated guide to the redundancy payments scheme which fully explains the scheme in a user friendly manner.

Printing Industry.

Richard Bruton

Ceist:

193 Mr. R. Bruton asked the Tánaiste and Minister for Enterprise, Trade and Employment the action she intends to take to secure jobs in the printing industry; if her attention has been drawn to the fact that in excess of €350 million worth of printing is being outsourced to other EU countries, principally the UK, in which the rate of VAT on such services is considerably lower than the rate here; if she has had discussions with the Irish Printing Federation in respect of the haemorrhaging of jobs in this important sector of the economy; and if she will make a statement on the matter. [11564/04]

The Irish paper, print and packaging sector comprises approximately 600 companies. It employs in the region of 18,000 people and has estimated sales of €1.6 billion per annum. However, over-capacity in the sector has resulted in rationalisation and consolidation. A number of companies have downsized and closed and further rationalisation is expected. Outsourcing is likely to continue to be an option for parts of the manufacturing process.

In June, 2002, the print industry training and development forum was established and, for the first time ever, all the participants in the paper, print and packaging industry came together to respond to a rapidly changing environment. The purpose of the forum was to represent and promote the needs of its members in order to move the industry towards international best practice. State agencies, including Enterprise Ireland, are represented on the forum. The Irish Printing Federation is a member of the forum and issues relating to levels of imports and VAT have been brought to the forum by the federation. In addition, Enterprise Ireland meets the federation on a quarterly basis.

The VAT rates on printed matter were reviewed in the 1998 Finance Act. I understand that the intention at the time was to simplify the rating structure and to extend the lower rates as much as EU obligations would allow. I am informed that under EU VAT law, with which Irish VAT law must comply, it is not possible to introduce new zero rates of VAT and we can only retain the zero rating that was in existence on 1 January 1991. However, all printed booklets are zero-rated for VAT purposes and the lower rate includes a wide range of printed matter such as newspapers, periodicals, brochures, leaflets, etc. I understand that the UK has similar zero rating provisions but for a wider range of printed matter. Overall, I would not be convinced that the VAT differential is the solution to the issue of outsourcing. The printing industry, along with other manufacturing industries, is facing competitive international pressures.

As regards the print sector generally, Enterprise Ireland's primary objective is to develop additional export sales and to establish overseas market presence. In terms of jobs, activity is focused on the creation of new jobs through supporting entrepreneurs setting up new high potential start-up companies and the retention and creation of jobs in existing companies. Research is also supported in companies and third level institutions. Enterprise Ireland will continue to focus its support on key areas that address the needs of clients in both the print and packaging sectors.

FÁS, in association with Enterprise Ireland and employers and unions within the industry, has undertaken a study of the paper and printing industry. The report, which is due to be completed by September 2004, will provide a strategic analysis of the current competitive position of the industry and will include a range of recommendations on the development of appropriate business models and skills sets for the sector.

Offshore Installations.

Thomas P. Broughan

Ceist:

194 Mr. Broughan asked the Tánaiste and Minister for Enterprise, Trade and Employment the discussions that have taken place between a company (details supplied) and her Department regarding the new contract for the standby-supply boat service at the Kinsale Head gas field as published in the European Journal of the 17 February 2004; if his attention has been drawn to the terms of the new contract; if the terms of the new contract are in conformity with Regulation 13 of S.I. No. 14 of 1991 of the Safety Health and Welfare (Offshore Installations) (Emergency Procedures) Regulation 1991; and if she will make a statement on the matter. [10233/04]

Thomas P. Broughan

Ceist:

195 Mr. Broughan asked the Tánaiste and Minister for Enterprise, Trade and Employment if her attention has been drawn to the fact that a company (details supplied) intends to replace the current two vessel standby-supply boat cover at the Kinsale Head gas field with a single self-relieving dual purpose standby-supply boat vessel, if she has satisfied herself that such cover will conform with Regulation 13 of S.I. No. 14 of 1991 of the Safety Health and Welfare (Offshore Installations) (Emergency Procedures) Regulation 1991 in view of the expansion of the gas field, the requirement that no supply vessel can be considered a standby vessel when it is actively engaged in heavy cargo work, have its rescue area impeded by cargo or is carrying hazardous material; and if she will make a statement on the matter. [10234/04]

I propose to take Questions Nos. 194 and 195 together.

The Department had no role relating to any such contract as referred to and would suggest that the Department of Communications, Marine and Natural Resources be contacted directly on this issue.

Day to day responsibility for the administration and enforcement of occupational safety and health legislation, including the Safety, Health and Welfare (Offshore Installations) Act 1987 and the Safety, Health and Welfare (Offshore Installations) (Emergency Procedures) Regulations 1991, made under that Act, rests with the Health and Safety Authority.

Regulation 13(1) of the Safety, Health and Welfare (Offshore Installations) (Emergency Procedures) Regulations 1991 requires that "there shall be on hand at all times, except when prevailing weather and climatic conditions may endanger the crew, passengers or vessels, in the neighbourhood of every offshore installation a suitably equipped vessel, to be known and in these Regulations referred to as a "stand-by vessel", prepared to render immediate assistance in the event of an emergency on, in, at or about the said installation or involving persons working from the said installation". Regulation 13(3) refers to the positioning of a stand-by vessel and Regulation 13(5) requires a stand-by vessel to have adequate accommodation for all persons who may be on an offshore installation at any time and to be adequately equipped to provide medical treatment in an emergency.

I am informed by the Health and Safety Authority that the company referred to owns two fixed production platforms-installations in the Kinsale Head gas field, which are located three nautical miles from each other and are approximately 30 nautical miles form Roches Point lighthouse. Since December 2001, one of these platforms has become what is termed as a "normally unmanned installation", NUI, and, therefore, it only presents a risk to personnel when they are on board for maintenance, etc.

Processing of gas takes place on the platforms, on one of which personnel are located. As a result, a standby vessel is required to render assistance if required in the event of an emergency. I am informed that the company currently has a contract for two full-time vessels — one standby vessel and one support vessel. The standby vessel serves the two platforms. The support vessel is also certified and equipped to be a standby vessel. Its normal activity is to bring cargo in and out of port but it also acts a relief standby vessel when the main standby vessel goes into port to change crew. Standby boats have crew, medical supplies, medic or paramedic, and other supplies on board and two rescue boats attached.

The company has recently tendered to have a single self-relieving dual purpose standby-supply boat vessel. I am informed that there will be one certified standby vessel which will also be capable of carrying supplies and cargo. When a crew change is needed at a platform — normally every two to three weeks — a temporary certified standby boat will come out from port and replace the original standby vessel while it goes into port to change crew and get supplies. This temporary standby boat will be certified to be a standby vessel. I am informed that this arrangement will satisfy Regulation 13 of the Safety, Health and Welfare (Offshore Installations) (Emergency Procedures) Regulations 1991, as at all times there will be a certified stand-by vessel in the vicinity of both platforms.

As regards the reference to "the requirement that no supply vessel can be considered a stand-by vessel when it is actively engaged in heavy cargo work, have its rescue area impeded by cargo or is carrying hazardous material", these restrictions are not specifically mentioned in the 1987 Act or 1991 regulations. Notwithstanding that, from a safety point of view, the Health and Safety Authority would recommend as good practice that such restrictions be observed and I am informed that the company has such procedures in place. I am also informed that the company's procedures, when the supply boat-relief boat comes out to the installation to relieve the standby boat that is waiting to go to shore, are that the existing standby boat waiting to be relieved cannot leave the area until the landing area of the deck of the supply boat is clear for potential casualties, that is, until the supply boat has offloaded its deck cargo on to the installation and the deck is clear. Then, the standby boat waiting to be relieved can go back to port, as the relief standby-supply boat is then ready to act as a temporary standby vessel. I am informed that the Health and Safety Authority has no objection to this arrangement and is satisfied that this complies with Regulation 13 of the 1991 regulations, as long as this procedure is maintained at all times and there is one stand-by vessel available with the rescue area clear.

As regards arrangements in the event of breakdown of the single self-relieving, dual purpose standby-supply boat vessel, I am informed that the following would apply: the standby vessel has spare replacement parts for the vessel on board so the likelihood of the standby vessel being down for long is low; notwithstanding that, each platform has its own self-contained lifeboats capable of reaching Cork harbour on their own; even if the standby vessel breaks down, it has two fast rescue craft it can launch itself which can be at the installation within minutes; and helicopter back-up from Cork Airport or the platform would also be put on a higher state of alert, in the event of a stand-by vessel breakdown.

Retail Sector Figures.

Martin Ferris

Ceist:

196 Mr. Ferris asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will provide the most recent statistics on the market share of food sales enjoyed by the supermarket multiples, smaller multiples, convenience retailers, independents and specialist shops. [11600/04]

I am not aware of any official statistics available on the market share of food sales enjoyed by the various retail grocery outlets.

Restrictive Practices.

Martin Ferris

Ceist:

197 Mr. Ferris asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will retain the current prohibitions on below cost selling. [11663/04]

I am continuing to review the Restrictive Practices (Groceries) Order, 1987 and the ban on below cost selling contained therein. I hope to conclude this review in the near future.

Industrial Relations.

Arthur Morgan

Ceist:

198 Mr. Morgan asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will intervene to save the jobs of about 30 construction workers employed by a company (details supplied) in County Louth at a building site at Termonfeckin; that are under threat due to the actions of the main contractor (details supplied); and if she will make a statement on the matter. [11773/04]

Fergus O'Dowd

Ceist:

202 Mr. O’Dowd asked the Tánaiste and Minister for Enterprise, Trade and Employment the action she will take to end the dispute at a Termonfeckin, County Louth building site at which workers belonging to a building firm are in dispute with developers (details supplied). [12022/04]

I propose to take Questions Nos. 198 and 202 together.

Ultimate responsibility for the resolution of industrial disputes lies with the parties concerned. However, for cases where the parties have failed to find a solution to an official industrial dispute, the State provides the dispute-settling machinery of the Labour Relations Commission and the Labour Court. The experience and expertise of these services are available free of charge to parties in dispute. I understand that the Labour Relations Commission has not been approached by any of the parties to the dispute referred to by the Deputies.

Residency Permits.

Pat Breen

Ceist:

199 Mr. P. Breen asked the Tánaiste and Minister for Enterprise, Trade and Employment the procedure required for non-nationals to process their residency claim after their five years work permit; if their spouses can apply for residency; if they can work; and if she will make a statement on the matter. [11830/04]

Applications for residency for non-nationals and their spouses are matters for my colleague the Minister for Justice, Equality and Law Reform. All non-EEA nationals employed in the State must be covered by a work permit held by the employer.

Community Employment Schemes.

Paul McGrath

Ceist:

200 Mr. P. McGrath asked the Tánaiste and Minister for Enterprise, Trade and Employment the progress made in mainstreaming the jobs of workers employed on FÁS schemes with caring organisations like the wheelchair association and centres for independent living; and if she will make a statement on the matter. [11871/04]

In accordance with the Government's decision in 1999 to restructure community employment, CE, participation levels have gradually been reduced in line with a strategic shift in policy in favour of training and other more appropriate supports.

Year-end participation levels on CE for the past seven years are as follows:

Year

Year-end places

1997

39,039

1998

39,520

1999

36,579

2000

33,549

2001

30,809

2002

24,991

2003

19,848

The total funding allocation for employment schemes in 2004 has been fixed at €351 million, which will support up to 25,000 places across the three employment schemes, namely, CE, job initiative and social economy. FÁS is being given some flexibility in the management of this financial allocation to maximise progression to the labour market while at the same time facilitating the support of community services. This allocation, €351 million, is similar to the budgeted amount provided in 2003. Accordingly, there will be no reduction in the total level of provision for the three schemes or in the combined participation levels in 2004.

As provided for in the PPF, consideration has been given to the mainstreaming of certain essential services provided through CE. In this regard, approximately 4,500 CE places in schools have been mainstreamed over the past number of years. This involved the appropriate degree of funding being transferred to the Department of Education and Science for the provision of relevant services in schools. In addition, in the region of 2,300 places have peen provided on the social economy programme.

Detailed discussions took place during 2002 involving the Department of Health and Children, health boards, FÁS and sponsor groups including the Irish Wheelchair Association, with regard to the possible mainstreaming of health sector places. However, due to the amount of additional funding required by the Department of Health and Children to mainstream these positions, and having regard to other major demands on the health budget, it was not possible to proceed with mainstreaming.

However, all health service related community employment projects, including those providing services for persons with disabilities, are ring-fenced and protected from reductions. Other services ring-fenced from reductions include drugs task force activity and child-care service provision. Projects in RAPID areas are prioritised. Sponsor organisations, such as the Irish Wheelchair Association, have indicated that they have difficulty in replacing participants who have completed their normal term of community employment due to the lack of suitable applicants coming forward for the programme. In this regard, FÁS has been requested to make every effort to identify community employment participants suitable for the positions in question. Should FÁS encounter difficulties in replacing CE participants with suitable persons, the matter can be considered in the context of the 20% flexibility in relation to extending community employment participation.

The future structure of the CE programme remains under review by a group of senior officials and FÁS. This group will report to Ministers on the outcome of their deliberations shortly.

Job Creation.

Paul McGrath

Ceist:

201 Mr. P. McGrath asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of jobs lost in Westmeath in 2003; and if she will compare this to the number of IDA-aided jobs established in the area during the same period. [11872/04]

Support for job creation in the county is a day-to-day operational matter for the industrial development agencies IDA Ireland, Enterprise Ireland and the county enterprise board. The agencies are actively promoting County Westmeath for new investment and jobs on an ongoing basis, with IDA actively marketing the county as a location for foreign direct investment through its network of overseas offices and EI and the county enterprise board concentrating on the development of indigenous industries.

In 2003, overall full-time employment in companies supported by the development agencies was 297,549 of which 128,993 were employed by IDA Ireland supported companies. A total of 22,769 new jobs were created in agency-supported companies during 2003. Of these 9,182 were in IDA supported companies. However, a total of 30,000 full-time jobs were lost nationally in companies handled by the development agencies, in the same period of which 12,193 were in IDA supported companies.

County data for 2003 will not be available until June 2004. However, the 2002 results for County Westmeath were as follows:

All Agencies

IDA Ireland

No. of Companies

129

19

Permanent Employment

5,122

2,776

Gross Gains (New Jobs)

585

157

Job Losses

-391

-178

Net Change in Employment

194

-21

I have arranged that IDA Ireland will forward the relevant county data for 2003 to the Deputy when it becomes available.

Question No. 202 answered with QuestionNo. 198.

Work Permits.

John Perry

Ceist:

203 Mr. Perry asked the Tánaiste and Minister for Enterprise, Trade and Employment further to Parliamentary Question No. 206 of 9 March 2004, if her attention has been drawn to the fact that this person (details supplied) has an up to date immigration stamp; if their work permit application will be processed; and if she will make a statement on the matter. [12023/04]

I am informed that there is no record of a valid work permit application in this case. Work permit applications, which are incorrect or incomplete, are not regarded as valid applications and are returned to the employer for completion.

Airport Safety Zones.

Pat Breen

Ceist:

204 Mr. P. Breen asked the Minister for Defence further to Parliamentary Question No. 209 of 10 March 2004 and his admission that a draft protected area was prepared in respect of Baldonnel aerodrome in the mid-1950s, if he will clarify if the Aer Rianta report of 1992 confirmed that the planning department of Dublin County Council gave an undertaking in June 1957 that it would consult with the Department of Defence before a decision was made with regard to any proposed development which conflicted with the terms of the said draft order; if he will clarify whether such consultation or consultations subsequently took place; the number of such consultations; and if he will make a statement on the matter. [11145/04]

Pat Breen

Ceist:

205 Mr. P. Breen asked the Minister for Defence if he will clarify if its associated map, a copy of which is included as part of the Aer Rianta report of 1992, is all square with the map included at page 313a of the 1983 Dublin development plan with regard to the draft protected area order pertaining to Baldonnel aerodrome and which latter map is entitled Casement (Baldonnel) Aerodrome; and if he will make a statement on the matter. [11142/04]

Pat Breen

Ceist:

206 Mr. P. Breen asked the Minister for Defence if red safety areas exist at either end of the runways at Casement Aerodrome; when and precisely how such red safety areas were created or designated; the respective sizes of such areas with particular reference to inner and outer widths together with overall lengths and rates of divergence; and if he will make a statement on the matter. [11143/04]

I propose to take Questions Nos. 204 to 206, inclusive, together.

Following a review by Aer Rianta on behalf of the Department of Defence of policy in relation to safety zones at Casement Aerodrome in 1992, taking account of existing and future technical and operational requirements of the Air Corps, a map showing revised safety and security areas was forwarded to Dublin County Council for incorporation in its development plan which was under review at that time. The map, designated as Map No. 2 which forms part of the report prepared by Aer Rianta and which differs from the map included at page 313 (a) of the 1983 Dublin development plan, shows the extent of the restricted areas and these include areas coloured red at the end of each runway at Casement Aerodrome. Red safety areas, or runway approach surfaces as they are technically referred to, were first adopted at Casement Aerodrome following the Aer Rianta report of 1992 and were introduced to ensure the safe and unobstructed operation of air traffic to and from Casement Aerodrome in accordance with International Civil Aviation Organisation standards and recommendations. While the safety policy has been kept under review in the interim the runway approach surface areas have been retained. The runway approach surfaces at Casement Aerodrome originate 60 metres beyond the runway thresholds, have a width of 300 metres and diverge at a rate of 15% at each side to a width of 700 metres. The overall length of the runway approach surfaces at Casement Aerodrome are 1370 metres long in the case of each runway. The Department's policy approach is that no new developments should be allowed within the runway approach surfaces. However, extensions to existing domestic dwellings are acceptable in certain circumstances.

Responsibility for planning and development in the vicinity of Casement Aerodrome now rests with the planning department of South Dublin County Council. The practice down the years has been for the local planning authority to consult the Department of Defence in respect of planning applications for proposed developments which may affect Casement Aerodrome. Such consultations have taken place and continue to take place on a regular basis.

Defence Policy.

Aengus Ó Snodaigh

Ceist:

207 Aengus Ó Snodaigh asked the Minister for Defence the implications for defence spending in this State of the EU security doctrine agreed in December 2003 which calls on member states to dedicate more resources to defence; if cost projections have been done; if so, to report on the results; if not, when will they be done; and will they be published. [11173/04]

Aengus Ó Snodaigh

Ceist:

208 Aengus Ó Snodaigh asked the Minister for Defence the implications for defence spending in this State of Article 40(3) of the draft EU constitutional treaty which requires member states to progressively improve their military capabilities; if the Government agreed to this provision; and if the Government has received a legal opinion about whether the State could be found to be in breach of the treaty if we fail to improve our military capabilities. [11174/04]

I propose to take Questions Nos. 207 and 208 together.

I refer the Deputy to my replies to his questions dated 25 March and 6 April 2004, which related to the impact to date on defence spending of EU defence measures and the anticipated impact on defence spending over the next 10 years by EU defence-related measures and commitments.

As I stated in my replies, 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.

In seeking to modernise the Defence Forces in accordance with the objectives of the White Paper I have been fully conscious of the need to obtain the best possible efficiencies from existing resources, and have reported to the House on many occasions on the methods by which this has been achieved.

I do not envisage any additional Exchequer requirements for my Department arising from the security strategy.

Questions on the draft treaty come under the remit of my colleague the Minster for Foreign Affairs and accordingly should be tabled to him.

Defence and defence policy are 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.

I would, yet again, take this opportunity to remind the Deputy that 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.

Defence Force Regulations.

Bernard Allen

Ceist:

209 Mr. Allen asked the Minister for Defence the reason the amendment of Defence Force Regulations 18(1)(f)(2) was done and the reason it was done at that precise time; and if it was found that the regulation was unconstitutional. [11386/04]

It is presumed that the question refers to Amendment No. 93 to Defence Force Regulations A.15. This amendment came into effect on 14 February 1985.

The purpose of Amendment No. 93 to Defence Force Regulations A.15 was to amend the provisions of Part IV of the regulation which relates to the appointment of officers with professional qualifications. A number of provisions had become out of date by 1985, for example, they did not take account of the fact that women were eligible for appointment as medical and dental officers, nor of the introduction at that time of a short-service commission scheme for medical officers. It was decided at that time to avail of the opportunity to make various other necessary changes in other parts of the regulations and to delete obsolete provisions which were no longer relevant. The effective date of the provisions of the amendment, 14 February 1985, was the date on which the Minister for Defence signed the draft amendment, following approval being received from the Minister for Finance.

Prior to the amendment, paragraph 18(2) provided that an officer of the Permanent Defence Forces should not be recommended for retirement for misconduct or inefficiency unless or until the officer had been given a reasonable opportunity to make such representations as she or he might think fit in regard to the proposed retirement. Amendment No. 93 to paragraph 18(2) extended these particular provisions to comprehend retirement in the interests of the service.

Defence Forces Property.

Joe Sherlock

Ceist:

210 Mr. Sherlock asked the Minister for Defence if he has given approval for the construction of a mixed complex of residential and small businesses to the rear of the FCA hall, Slievenamon, Thurles, County Tipperary; if this will result in the demolition of the existing FCA timber building, the provision of a right of way through his Department’s property, a significant reduction in the number of parking spaces and the halving of the space available for training of personnel; if his Department has received financial compensation for the loss of the facilities involved; if it is intended to provide an alternative building for the FCA; and if he will make a statement on the matter. [11673/04]

My Department has been approached by a developer who wishes to access his property through a portion of the FCA property in Thurles, County Tipperary. The matter was the subject of applications to the local authority for planning permission and permission, subject to conditions, has recently been granted in this regard. One of the conditions stipulates that the development must be carried out solely within the property in the ownership of the applicant and that no part of the development shall encroach on the rights of adjoining property owners without prior consent of the relevant owner. Officials of my Department have agreed to meet with the developer in the near future to discuss his proposed development. No commitment, however, has been entered into in regard to the incorporation of any part of the FCA hall, Slievenamon Road, into the development.

Defence Force Regulations.

David Stanton

Ceist:

211 Mr. Stanton asked the Minister for Defence the number of applications that were made under the terms of “A” Administrative Instruction, Part 10, paragraph 303 and Defence Force Regulations A 10, paragraph 38(8) for promotion for the rank corporal in 2000, 2001, 2002, 2003 and to date in 2004; and if he will make a statement on the matter. [11877/04]

The military authorities have advised that the number of personnel promoted to the rank of corporal in accordance with Defence Force Regulation A 10, Paragraph 38 (8) and ‘A' Administrative Instruction, Part 10, paragraph 303 are as follows:—

Number of personnel promoted to the rank of corporal in accordance with Defence Force Regulation A 10,paragraph 38(8).

Number

2000

4

2001

6

2002

5

2003

2

2004

1 (to date)

Number of personnel promoted to the rank of corporal in accordance with "A" Administrative Instruction, Part 10,paragraph 303.

Number

2000

Nil

2001

Nil

2002

Nil

2003

Nil

2004

2 (to date)

Overseas Engagements.

Denis Naughten

Ceist:

212 Mr. Naughten asked the Minister for Defence the plans he has to re-open the file on the Battle of Jadotville, Congo, which took place in September 1960; and if he will make a statement on the matter. [11963/04]

Denis Naughten

Ceist:

213 Mr. Naughten asked the Minister for Defence if he will reply to Athlone Town Council following its letter to his Department of March 2004 regarding the Jadotville battle, Congo; and if he will make a statement on the matter. [11964/04]

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

The Defence Forces have received correspondence on the subject of Jadotville. This submission is presently under examination and a report is expected to be finalised soon. The letter from Athlone Town Council was received in the Department on 6 April 2004. This letter has been acknowledged by my Department and will be replied to once the above report is to hand.

Defence Forces Retirement Scheme.

Seán Haughey

Ceist:

214 Mr. Haughey asked the Minister for Defence the financial and other assistance given to the widows of old IRA veterans; if there are special arrangements in place to provide nursing home accommodation for such persons; and if he will make a statement on the matter. [12033/04]

Widows of deceased veterans of the War of Independence who died while in receipt of a military service pension or a special allowance qualify for a widow's allowance from my Department, as do widows of other deceased veterans subject to a means test. Such payments are additional to any entitlements under social welfare legislation.

My Department also administers schemes, similar to those under social welfare legislation, for the provision of free travel, free television licences, electricity allowance and telephone rental allowance to veterans and to the spouses of deceased veterans.

There are no special arrangements in place under the auspices of my Department for the provision of nursing home accommodation to widows of veterans. These widows would be eligible for nursing home care or a subvention towards nursing home care under the Health Acts in the same way as other members of the community.

Grant Payments.

Paul Connaughton

Ceist:

215 Mr. Connaughton asked the Minister for Agriculture and Food the reason a REP scheme payment for 2003 was not paid to a person (details supplied) in County Galway; and if he will make a statement on the matter. [11126/04]

The person named joined REPS on 1 February 2003. His first annual payment issued to him on 27 February 2003 in respect of the period from 1 February 2003 to 31 January 2004. An application for his second-year payment is currently being processed in accordance with the targets set out in the protocol on direct payments to farmers.

Single Payment Scheme.

Ned O'Keeffe

Ceist:

216 Mr. N. O’Keeffe asked the Minister for Agriculture and Food the entitlements farmers who have leased their entire holding have under the single farm payments scheme in view of the statement in a newspaper (details supplied). [11164/04]

Under the European Council regulation introducing the single payment scheme, a farmer may have access to the scheme if he was an active farmer during the reference years 2000, 2001 and 2002 and received payments under the livestock premia and-or arable aid schemes. In addition, farmers for whom entitlements will be established must activate those entitlements in 2005 by continuing to farm and submitting an area aid declaration in that year. In general, farmers must also have an eligible hectare of land for each payment entitlement.

Farmers who had leased their holdings during the entire reference period and were not farming will not have any entitlements established for them under the single payment scheme. The person who was leasing the land and was actively farming during the reference years will have the entitlements established. It should be noted that entitlements are attached to the farmer who was actively farming during the reference period and are not attached to the land. I should point out, however, that during the Council negotiations last year I secured agreement that farmers who take over the holding that was leased out to a third party during the reference period, will be able to apply to the National Reserve for payment entitlements under the single payment scheme. This will be of particular benefit to the offspring of farmers who joined the early retirement scheme before the reference period and leased out the farm to a third party.

Farmers who leased out their holding during or after the reference period, will, because they were active farmers in one or more of the reference years, have entitlements established for them. However, they will need to commence farming again in 2005 and continue to farm in order to activate their entitlements and draw down the single payment for themselves. If they do not return to farming and activate their entitlements the entitlements in question will revert to the National Reserve.

During the course of negotiations on the detailed rules regulation, Ireland secured agreement that a farmer who was farming during one of more of the reference years and who has since leased out his holding to another farmer can apply in 2005 to establish his entitlements and then lease those entitlements out to the farmer who has leased the land. In order to avail of this provision there must be a lease agreement in place in 2005 which provides that the entitlements are to be leased out to the person who is leasing the land. This provision will also be of particular benefit to farmers who joined the early retirement scheme either during or after the reference period. Such farmers are precluded from taking up farming again in their own right but they will be allowed to request to have their entitlements established whereupon they can then lease out the entitlements to the farmer who is leasing the land provided that the lease agreement in place in 2005 provides for this type of arrangement.

Agricultural Trade Policy.

Dan Boyle

Ceist:

217 Mr. Boyle asked the Minister for Agriculture and Food the Government’s response to the recommendations of the Comhlámh report Beyond Cancun — EU Agricultural Trade Policy and the Majority World. [11165/04]

The Comhlámh report gives a very detailed analysis of the debate on the needs of developing countries and of the implications for them of policy decisions taken at EU level. I am acutely aware of these needs. I am satisfied that the recent reform of the CAP will be of benefit to developing countries, including ACP countries. Decoupled payments will replace production-related supports, thereby reducing the potential distortion impact of production-related supports.

Trade with ACP countries is governed by the terms of the ACP-EU partnership which was signed in Cotonou in June 2000 under which the EU grants non-reciprocal trade preferences to imports from ACP countries. In September 2002, the ACP countries and the EU officially launched negotiations on a series of economic partnership agreements which will replace the existing arrangements with reciprocal agreements that are WTO compatible and which will retain an element of differential treatment for the ACP countries. These economic partnership agreements will cover trade in agricultural products. The current preferential trade regime has been extended pending completion of the negotiations.

Furthermore the EU has recently abolished tariffs and other such restrictions on all products from the 49 poorest countries on the planet — the least developed countries. This "Everything But Arms" initiative gives these countries immediate duty and quota free access to the EU market. This includes products such as beef, milk products, fruits and vegetables. A transitional period applies for rice, bananas and sugar, but full liberalisation will be in place by 2009.

The EU is also prepared to negotiate further special and differentiated treatment for developing countries under a new WTO round. In the context of these WTO talks, the EU is asking that other developed WTO partners provide similar concessions.

Grant Payments.

Billy Timmins

Ceist:

218 Mr. Timmins asked the Minister for Agriculture and Food the position regarding persons (details supplied) in County Wicklow who were not paid their 2003 ewe premium as they did not submit an application form for same; in view of the fact that they have always claimed this payment and that they did not receive an application from the Department for the 2003 payment, if this decision can be re-examined with a view to allowing the payment; and if he will make a statement on the matter. [11238/04]

It was the responsibility of the persons named to ensure that they submitted an application under the 2003 ewe premium scheme. Unfortunately, as they failed to do so, they do not qualify for payment under the scheme.

Early Retirement Scheme.

Paul McGrath

Ceist:

219 Mr. P. McGrath asked the Minister for Agriculture and Food if, with regard to the recent changes in the farm retirement scheme, the Minister will confirm if the present income ceiling for farmers by which those pensioners are prevented from benefiting from State pensions will be removed. [11239/04]

It is a requirement of the EU regulations governing the early retirement from farming schemes that any national retirement pension to which a scheme participant, and his or her spouse or partner in a joint management situation, becomes entitled must be deducted from the early retirement pension. This also means that any increases in national retirement pensions granted in the annual Budget Statement must be deducted from the early retirement pension.

As this requirement derives from EU Council regulations, it has been a feature of the early retirement from farming schemes since the start of the first scheme in 1994. There has been no recent change in the situation.

The assessment of eligibility for national retirement or State pensions, including those that are means tested, is the responsibility of the Department of Social and Family Affairs.

Paul McGrath

Ceist:

220 Mr. P. McGrath asked the Minister for Agriculture and Food if his attention has been drawn to the fact that many farmers who availed of the early retirement from farming scheme are now not in receipt of any payment from his Department due to the fact that they are in receipt of contributory social welfare pension, yet they are still required to fulfil conditions attaching to the farm retirement scheme; and if he will make a statement on the matter. [11240/04]

My Department will consider sympathetically all requests from participants who wish to withdraw from the scheme because the value of their old age pension now exceeds the value of their early retirement pension, 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.

Animal Diseases.

Tony Gregory

Ceist:

221 Mr. Gregory asked the Minister for Agriculture and Food his response to the suspension of badger culling by the British Animal Health and Welfare Minister following research showing that reactive badger culling increased the rate of bovine tuberculosis in cattle by 27%; and if he will make a statement on the matter. [11241/04]

I am aware of the decision of the UK authorities to suspend reactive culling of badgers, following reported indications of an increase in TB in cattle. However, I would point out that such a response to the removal of badgers under the Irish programme has not been observed. In any event, it is not possible to extrapolate the UK position to this country as the ecology of the badger is different here — in the UK 70% of badger setts are in woodland and 30% in pasture, while the reverse applies in Ireland and the social group size is different.

Apart from this, I would draw the Deputy's attention to the recent Godfray Review of the randomised culling trial and associated epidemiological research, the response thereto by the independent scientific group on cattle TB and further comments by the Statistical Auditor to the randomised badger culling trials. All of these appear to be at one in their belief that the reactive trials in the UK were suspended prematurely.

Afforestation Programme.

Cecilia Keaveney

Ceist:

222 Cecilia Keaveney asked the Minister for Agriculture and Food the position regarding forestry grant application for a person (details supplied) in County Donegal; and if he will make a statement on the matter. [11242/04]

Payment of the 2004 forestry premium will be made to the person in question shortly.

Milk Quota.

Paul Kehoe

Ceist:

223 Mr. Kehoe asked the Minister for Agriculture and Food the current status of the application for additional milk quota under the hardship scheme for a person (details supplied) in County Wexford; when a decision will be made; and if he will make a statement on the matter. [11301/04]

Allocations of milk quota from the National Reserve are granted on the basis of recommendations from the Milk Quota Appeals Tribunal. The tribunal is a body established to consider and advise on applications for additional quota from individual producers who have suffered severe hardship in the context of the milk quota system.

The person named submitted an application for additional quota on the grounds of hardship in the 2002-03 milk quota year and he was granted a temporary allocation effective for the 2002-03 year only. However, it was subsequently decided to make that allocation permanent effective from 1 April 2003, that is, the 2003-04 quota year. A letter issued to the person last year outlining this position. There is no record of him having applied again in the 2003-04 quota year. However, an application may be made for the current 2004-05 quota year when the application forms become available in the autumn.

Afforestation Programme.

Trevor Sargent

Ceist:

224 Mr. Sargent asked the Minister for Agriculture and Food if he will supply a list of the broadleaf species planted near rivers, roads, and scenic areas in 1997 — 2003 which it was stated had been planted in addition to his Department’s statistics which include all broadleaf plantations and broadleaf elements of conifer plantations when the latter is required. [11312/04]

In recent years almost all afforestation sites incorporate some element of broadleaf planting. The broadleaf species, which are normally planted near rivers, roads and scenic areas are oak, ash and rowan as was the case for the period in question.

Trevor Sargent

Ceist:

225 Mr. Sargent asked the Minister for Agriculture and Food if he will provide a breakdown distinguishing between afforestation on peat soils and those planted on mineral soils according to the grant application forms in 1997-2003 in order to accurately assess the contribution of afforestation to carbon sequestration. [11313/04]

The information requested is not readily available. However, it should be noted that the contribution of afforestation to carbon sequestration uses an averaging approach to take account of differences in rates of carbon emissions and sequestration between mineral and peat soils. Current scientific opinion is that emissions of carbon dioxide from peat following afforestation may be balanced by reductions in emissions of methane, a greenhouse gas which has a far greater effect on global warming.

I would also point out that planting of peat sites has declined to very low levels since the early 1990s due to a site productivity requirement for grant aid and the general shift to farmer based afforestation.

Milk Quota.

John McGuinness

Ceist:

226 Mr. McGuinness asked the Minister for Agriculture and Food if an application to lease a milk quota from a person (details supplied) in County Kilkenny will be approved in view of the circumstances of the case and the medical evidence provided; and if a decision will be expedited in the case. [11402/04]

Under the milk quota rules, a milk producer who temporary leased all his or her available quota in 2002-03 could not temporarily lease all of his or her available quota in the 2003-04 quota year. There was, however, provision to grant an exemption from that rule in exceptional cases.

The person named did not make an application to my Department for such an exemption until after the final closing date for such applications, which was 27 January 2004. The closing date had already been extended and applications received after the final date of 27 January could not be accepted since milk purchasers had to complete their temporary leasing schemes. I understand the person named was also informed in the course of the year by his milk purchaser of the requirement to make an application for an exemption.

Registration of Title.

John Perry

Ceist:

227 Mr. Perry asked the Minister for Agriculture and Food if he will intervene on behalf of persons (details supplied) to ensure that the issue regarding the title of the Land Commission land is resolved in view of the fact that the sale of the property is in process; and if he will make a statement on the matter. [11496/04]

The land in question was vested in June 1993 and the documents necessary for registration are lodged in the Land Registry under schedule 92426. The completion of this dealing is outside the control of my Department.

Mayo Landslide.

Michael Ring

Ceist:

228 Mr. Ring asked the Minister for Agriculture and Food if, in relation to his recent announcement of €100,000 funding for the farming community in north Mayo following the landslides of September 2003, guidelines have been drawn up for its distribution; if application forms have been drafted for persons to apply; and if so, when these forms will be available. [11550/04]

The terms and conditions of the scheme, together with an application form, will be available shortly from my Department's agriculture environment and structures office in Ballina or from the Department's office in Johnstown Castle Estate, County Wexford.

Grant Payments.

Cecilia Keaveney

Ceist:

229 Cecilia Keaveney asked the Minister for Agriculture and Food the reasons for the delay in the payment of a forestry premium to a person (details supplied) in County Donegal in view of the fact that it was delayed to the end of March 2003; and if he will make a statement on the matter. [11559/04]

As in previous years forestry premium payment are made at end of March-April. Payment of the 2004 forestry premium will be made to the person in question shortly.

Animal Diseases.

Phil Hogan

Ceist:

230 Mr. Hogan asked the Minister for Agriculture and Food if he proposes to make changes to the compensation programme arising from scrapie in sheep that will more clearly reflect the current market value of the animal; and if he will make a statement on the matter. [11560/04]

The scheme recently adopted by my Department for the eradication of scrapie in infected flocks is based on requirements laid down in EU law. It involves genotyping of flocks, retention of scrapie resistant sheep for breeding, disposal of scrapie susceptible sheep and strict controls over purchases into and sales from the flock. I believe that this accelerated "breeding for resistance" programme for infected flocks will result in long term benefits, both in terms of scrapie resistance and the marketability of their sheep, for farmers whose flocks are affected.

The package available for such farmers includes free genotyping of the flock, free genotyping of a limited number of replacement rams, live valuation of breeding stock, an additional "hardship" payment for breeding ewes, and a flat rate payment for factory lambs which, by virtue of their susceptibility to scrapie, are required to be disposed of outside of the human food and animal feed chains. I believe that this is a reasonable, balanced package.

However, I am at present reflecting on whether a minor adjustment to the flat rate lamb price is warranted, having regard to recent increases in lamb prices and taking into account that any linkage of this rate to current lamb prices will expose affected farmers to troughs in the market as well as peaks.

Farm Gate Prices.

Martin Ferris

Ceist:

231 Mr. Ferris asked the Minister for Agriculture and Food the details of the annual changes in the farm gate price paid for apples since 1995; and the corresponding changes in retail price. [11596/04]

Average annual farm gate prices for eating apples since 1995, are detailed in Table 1. Table 2 details average price per kilo of eating apples, according to a survey carried out on behalf of Bord Glas, for week ending 8 December 2002, and week ending 7 December 2003. Comprehensive prices for apples at retail level are not available to my Department.

Table 1

Year

Average Price per tonne

1996

508

1997

508

1998

470

1999

229

2000

160

2001

375

2002

117

2003

390

Table 2

W/E 8 December 2002 Price per Kilo

W/E 7 December 2003 Price per Kilo

Total Outlets

2.02

2.13

Total Multiples

2.11

2.16

Total Symbols

1.81

2.18

Total Greengrocer/Fruiterer

1.74

1.94

Common Agricultural Policy.

Martin Ferris

Ceist:

232 Mr. Ferris asked the Minister for Agriculture and Food the impact which the possibility of up to one million acres of extra tillage land becoming available under the new CAP regime will have on the future of farming here; and the way in which this will require a re-evaluation of the strategy outlined in Vision. [11619/04]

The requirement that, in order to draw down the single payment, farmers would have to have 100% of the average land area that they had during the reference period would have resulted in serious problems for certain categories of Irish farmers. For instance, some 56,000 hectares of land has been planted with forestry during the period 2000-03 and quite an amount of land has been acquired under compulsory purchase order by local authorities. In addition, certain farmers who had land rented in or leased in during the reference period may no longer have access to that land. The 100% requirement would therefore have undoubtedly contributed further to an increase in the cost of rented land from 2005 onwards.

I believe that the detailed rules that I have negotiated are in the best interests of Irish farmers and Irish agriculture. I am satisfied that Irish farmers will continue to farm all utilisable agricultural land as they traditionally have done.

The strategies and recommendations contained in the Agri-Food 2010 report are being examined in the context of developments since that report was completed. A broadly based group under the chairmanship of Mr. Alan Dukes will address the issues and challenges, including the introduction of the single farm payment, facing the Irish agri-food sector up to 2015.

Grant Payments.

Seymour Crawford

Ceist:

233 Mr. Crawford asked the Minister for Agriculture and Food when a person (details supplied) in County Monaghan can expect to receive headage payment; and if he will make a statement on the matter. [11653/04]

The person named was paid his full entitlement under the 2003 area-based compensatory allowance scheme amounting to €3,785.40 on 22 September 2003.

The person named applied for premium on 17 animals under the 2003 suckler cow premium scheme. An 80% advance payment amounting to €2,151.84 issued on 17 October 2003. This represented payment for 12 animals, the number of suckler cow quota rights on record for the herdowner. The 20% balancing payment is due to issue shortly.

The person named lodged one application in respect of 21 animals under the 2003 special beef premium scheme and has been paid the 80% advance in respect of these animals. The 20% balancing payment on these animals is due to issue to the person named shortly.

The person named had 23 animals slaughtered under the 2003 slaughter premium scheme and has been paid 80% advance payment on all these animals. The 20% balancing payments are due to issue to the person named shortly.

Payment of 2003 extensification premium is not scheduled to commence until June. The person named opted to participate in the premium but is it too early to confirm if he will qualify for payment.

Horticultural Enterprises.

Martin Ferris

Ceist:

234 Mr. Ferris asked the Minister for Agriculture and Food the proportion of horticultural enterprises which have participated to date in the Bord Glas business management training programme. [11654/04]

The Bord Glas business management training programme has been in operation since 1998. Since that year 235 horticultural enterprises have participated in the programme. Participation dropped from 89 participants in 2000 to 15 in 2002 and the scheme was suspended in 2003 in order to assess the reasons for the large drop in participation.

The programme has been resumed in 2004. To date, this year there have been 20 participants in the programme. An opportunity to participate will be given to the rest of the industry during the year.

Martin Ferris

Ceist:

235 Mr. Ferris asked the Minister for Agriculture and Food his views on whether the potential referred to in An Bord Glas Development Plan 2000-2006 for significant growth in the organic sector is being realised; and the level of growth in the sector since 1998. [11655/04]

Bord Bia's comments relate specifically to horticulture and it is clear that there is substantial scope for growth in this sector. Currently the demand for organic fruit and vegetables, even those that can be produced in Ireland, is frequently met by imports. There is a gap in the market that provides an opportunity for farmers willing to consider it, particularly after decoupling when farmers will be able to consider a wider range of options.

The organic sector in Ireland as a whole remains small, however, in comparison to some other countries in the EU, although it has grown in recent years and sales of organic food were worth €38 million in 2003. Currently there are some 1,000 organic operators registered with my Department, and approximately 30,000 hectares of land are being farmed to organic standards.

A national steering group, established on foot of a recommendation in the organic development committee report, acts as the driving force for the development of the sector. It also monitors progress on the implementation of the recommendations. As part of the implementation strategy, a draft organic horticultural development plan, prepared in consultation with relevant stakeholders, will be presented to the next meeting of the group.

Farm Indebtedness.

Martin Ferris

Ceist:

236 Mr. Ferris asked the Minister for Agriculture and Food the figure for the level of farm indebtedness for 2003. [11656/04]

The figure for farmer indebtedness in 2003 was €1,136 million. This is a reduction of €99 million or 8% on the equivalent figure for 2002.

Horticultural Enterprises.

Martin Ferris

Ceist:

237 Mr. Ferris asked the Minister for Agriculture and Food if he envisages an increase in the horticultural sector as farmers’ production decisions change with the advent of the decoupled single farm payment. [11657/04]

The regulatory provisions establishing the single payment scheme prohibit the growing of fruit and vegetables on lands declared for aid under the scheme and a farmers decision to diversify to the production of horticultural products on such land will be determined by this fact. However, the horticultural sector has operated outside the direct payment system since its inception and due to the relatively small area of land involved and the specialised nature of the enterprise, the impact of the policy change should have only a limited effect on horticulture output.

The horticulture sector has undergone considerable change in recent years and has grown to be a significant entity within the overall agriculture industry. Farm gate value, excluding potatoes, increased by some 6% over the past three years from €267 million in 2001 to €283 million in 2003. It is expected that output from the sector will continue to increase to meet the changing demands of the market place and consumer preferences.

Martin Ferris

Ceist:

238 Mr. Ferris asked the Minister for Agriculture and Food his views on whether the reduction in research and development into fruit production by Teagasc has impaired the ability of domestic producers to compete with the high level of imports. [11658/04]

Research and development work in Teagasc has provided the knowledge to allow growers extend the season of production using protective structures with appropriate cultivars. From this work, together with input from the Teagasc advisory service, the nature of the industry has changed from outdoor field production, subject to the vagaries of the weather, to indoor production which is much more sustainable in our climate. Soft fruit can now be grown from April to November in this country and the volume and value of strawberries, the most important fruit crop, have more than doubled during the last four years. Imports occur mainly at times of the year when Irish fruit is not available. There is also consumer demand for more exotic products which are not grown in Ireland for climatic and economic reasons.

While the Teagasc soft fruit research centre at Clonroche was closed in September 2003, research work is continuing at other centres and Teagasc is fully committed to continue providing the vital technology services to underpin a competitive Irish soft fruit production sector.

Grant Payments.

John Perry

Ceist:

239 Mr. Perry asked the Minister for Agriculture and Food if he will ensure that a person (details supplied) receives the ten month special beef premium on this animal in view of the fact that they contacted the Department on 16 April 2004 and if he will give this case serious consideration; and if he will make a statement on the matter. [11713/04]

Under EU regulations governing the special beef premium scheme, applicants are required to hold all animals applied on for a two month retention period, beginning on the date after receipt of the application by my Department.

In circumstances where an individual fails to comply fully with the provisions of governing regulations, my Department conducts a review in order to establish the circumstances involved. My Department will be writing to the person named in order to establish the precise circumstances of the case before arriving at a final decision.

Milk Quota.

Tom Hayes

Ceist:

240 Mr. Hayes asked the Minister for Agriculture and Food if he will intervene in the case of a person (details supplied) in County Tipperary who has applied for additional quota under the hardship scheme; and if he will make a statement on the matter. [11746/04]

Allocations of milk quota from the national reserve are granted on the basis of recommendations from the Milk Quota Appeals Tribunal. The tribunal is a body established to consider and advise on applications for additional quota from individual producers who have suffered severe hardship in the context of the milk quota system.

The named person submitted an application for additional quota on the grounds of hardship in the 2003-04 milk quota year. However, there was insufficient quota available in the 2003-04 year to enable the tribunal to deal with all applications received and some, including that from the named individual, have been held over for consideration in the 2004-05 quota year. The tribunal will begin dealing with these cases in the autumn and it will not be necessary for the person to make a fresh application.

The tribunal also considers applications from producers whose herds have been restricted by animal disease, TB or brucellosis, during the quota year. There is no record of the person named having submitted an application on the grounds of animal disease in the 2003-04 year. However, if his herd is restricted in the current 2004-05 quota year he may apply under the animal disease scheme when the forms become available in the autumn.

Rural Environment Protection Scheme.

Pádraic McCormack

Ceist:

241 Mr. McCormack asked the Minister for Agriculture and Food the proposed changes he intends to introduce in relation to funding of the REP scheme; and if he will make a statement on the matter. [11760/04]

I have provided €260 million funding for the REP scheme for 2004. This is a 43% increase over the outturn for 2003. It will allow me to accommodate increased numbers of farmers in the scheme and to pay them the higher rates agreed in Sustaining Progress, once the European Commission has given its approval to proposals for amendments to the scheme which it is currently considering. The payment rates agreed in Sustaining Progress, which will represent an average increase of 28% to farmers, are €200 per hectare annually on the first 20 hectares, €175 on the next 20 hectares, and €70 on a further 15. At present, the basic rate is €165 per hectare on farms under 20 hectares; on farms up to 40 hectares the rate is €151 per hectare and there is no payment on areas over 40 hectares.

Regional Laboratories.

David Stanton

Ceist:

242 Mr. Stanton asked the Minister for Agriculture and Food the plans he has concerning the regional veterinary laboratory, the dairy science laboratory and the brucellosis laboratory located on Model Farm Road in Cork; if it is his intention to move these facilities to other locations and if so to indicate where; the number of staff employed in each laboratory; and if he will make a statement on the matter. [11803/04]

As I announced on 22 April it has been decided to establish, in Macroom, a new regional laboratory complex for Munster. Accordingly the three laboratories at Model Farm Road will be relocated there. There are 14 staff employed in the regional veterinary laboratory, 11 staff in the dairy science laboratory and 55 staff in the brucellosis laboratory on the Model Farm Road.

David Stanton

Ceist:

243 Mr. Stanton asked the Minister for Agriculture and Food the amount spent in the past five years in refurbishment and upgrading the Department of Agriculture and Food laboratories located in Model Farm Road, Cork; and if he will make a statement on the matter. [11804/04]

My Department spent some €350,000 over the past five years on the maintenance, refurbishment and upgrading of the laboratories at Model Farm Road, Cork City.

Decentralisation Programme.

David Stanton

Ceist:

244 Mr. Stanton asked the Minister for Agriculture and Food if he has made changes to his plans to relocate the Department of Agricultural staff from the premises in the South Mall in Cork to Macroom; if so, the nature of these changes; the time scale of any such movement of staff; and if he will make a statement on the matter. [11805/04]

The Government has decided to further develop my Department's decentralisation programme for Cork and the Munster region. It has been decided to establish a new regional laboratory headquarters for Munster in Macroom. This will involve the amalgamation of the three existing laboratories at present located in the Model Farm Road, Cork, and the two laboratories in Limerick into a modern laboratory facility in Macroom employing up to 100 staff.

It has been decided to relocate the Department's local office from the South Mall, Cork City to Fermoy. These relocations will be included as part of the Government's overall decentralisation plan as outlined in the report of the decentralisation implementation group of 31 March last.

Horticultural Exports.

Martin Ferris

Ceist:

245 Mr. Ferris asked the Minister for Agriculture and Food the proportion of imports and exports of fruit and vegetables in 2002 which came from or went to the Six Counties. [11806/04]

According to the CSO, a total amount of 30,732 tonnes of fruit and vegetables were imported from Northern Ireland in 2002. This represented 4.7% of total imports of fruit and vegetables for 2002.

CSO figures for exports show that 34,707 tonnes of fruit and vegetables were exported to Northern Ireland in 2002. This represented 23.5% of total exports of fruit and vegetables for 2002.

Grant Payments.

Pat Breen

Ceist:

246 Mr. P. Breen asked the Minister for Agriculture and Food when a person (details supplied) in County Clare can expect to receive payment of a grant regarding a bulk tank; and if he will make a statement on the matter. [11817/04]

The above named person is an applicant under the dairy hygiene scheme. A payment of €4,063.20 issued to the person concerned on 15 April 2004.

Farm Retirement Scheme.

Martin Ferris

Ceist:

247 Mr. Ferris asked the Minister for Agriculture and Food if he will consider bringing all farmers who joined the ERS prior to 2000, up to the same level of pension received by those farmers who joined the scheme after that date. [11818/04]

The rate of pension payable under the 1994 scheme of early retirement from farming is the maximum provided for in the EU Council regulation under which the scheme was introduced. The regulation did not provide for any increase in the rate of payment.

Single Payment Scheme.

Olwyn Enright

Ceist:

248 Ms Enright asked the Minister for Agriculture and Food his views on the loss of quota by a person (details supplied) in County Offaly in the farm retirement scheme in light of the fact that one of the reasons they joined the early retirement scheme was to protect their quotas for their child who is studying agriculture; and if he will make a statement on the matter. [11819/04]

Under the European Council regulation introducing the single payment scheme, a farmer may have access to the scheme if he or she was an active farmer during the reference years of 2000, 2001 and 2002 and if he or she received payments under the livestock premia and/or arable aid schemes. In addition, farmers for whom entitlements will be established must activate the entitlements in 2005 by continuing to farm and by submitting an area aid declaration in that year. In general, farmers must also have an eligible hectare of land for each payment entitlement.

The person referred to in the question joined the scheme of early retirement from farming in September 1999. Farmers in her situation, who had leased their holdings during the entire reference period and were not farming, will not have any entitlements established for them under the single payment scheme. Persons who were leasing their lands and were active farmers in the reference period will have entitlements established for them. It should be noted that entitlements are attached to the farmer who was actively farming during the reference period and are not attached to the land.

During the Council negotiations last year I secured agreement that farmers, including the offspring of farmers who retired before the reference period, who take over the holding that was leased out during the reference period at some date in the future will be able to apply to the national reserve for payment entitlements under the single payment scheme.

Animal Medicines.

Denis Naughten

Ceist:

249 Mr. Naughten asked the Minister for Agriculture and Food, further to Parliamentary Question No. 154 of 18 October 2003, his plans for intramammary medicines; if he has received the report of the Irish Medicines Board; and if he will make a statement on the matter. [11957/04]

On 16 February 2004 I announced that my Department had finalised its review of the national veterinary medicines control regime. I said then that it is appropriate to make a number of changes to the 1996 animal remedies regulations to accommodate not only the IMB report, but also to take account of a range of developments since the legislation was put in place and prospective developments, including at EU level. Developments include amendments to the rules governing prescribing by veterinary surgeons which, inter alia, will enable intramammaries to be brought under a workable and effective prescription control regime, thus giving effect to the key recommendation of the IMB report. It is important to recall that the IMB report on this issue was founded on public health concerns relating to the use of antibiotics and the growth in the human population of anti-microbial resistance, which has implications for health management and the treatment of illnesses.

My Department has conducted a round of briefing sessions with stakeholders to outline the proposed changes. Consideration is being given to submissions which have been received, following which the animal remedies consultative committee will be convened as required by the relevant legislation to consider the proposed changes. I intend to implement the relevant changes at an early date.

Departmental Offices.

Denis Naughten

Ceist:

250 Mr. Naughten asked the Minister for Agriculture and Food further to Parliamentary Question No. 62 of 5 February 2004, the situation regarding temporary accommodation; and if he will make a statement on the matter. [11962/04]

Some 25 of the Department's local office staff in Roscommon moved to new temporary accommodation at Circular Road, Roscommon, on 22 March last.

Proposed Legislation.

Denis Naughten

Ceist:

251 Mr. Naughten asked the Minister for Agriculture and Food the plans he has to review section 29A of the Diseases of Animals Act 1966 and the associated 45 holding period for dealers; when he intends to publish the animal health Bill 2004; and if he will make a statement on the matter. [11968/04]

Having received the necessary Government approval, my Department is working on drafting an animal health Bill to consolidate and update the Diseases of Animals Act 1966 and sequential legislation. When this work has been brought to an advanced stage the Office of the Chief Parliamentary Counsel will be involved in concluding the drafting of the Bill.

The Department of Agriculture and Food is considering all existing provisions of the Diseases of Animals Act 1966 to determine whether and to what extent they need to be changed. I intend to bring forward legislation that can serve the country well in the years ahead and that will strengthen the means available to the Government to protect and enhance the health status of our herds, flocks, etc. Not only will this entail having the most effective possible legislative means of dealing with real or potential animal disease threats which may emerge, but it also involves providing a modern legislative environment within which good practice in agriculture, livestock farming, animal husbandry, bio-security trading, marketing, etc. can be promoted and supported. Notwithstanding the fact that the provisions of the 1966 Act are being reviewed in the course of drafting the animal health Bill, it will continue to be important to maintain a distinction between dealers and others involved with livestock. I expect to be in a position to publish the animal health Bill early in 2005.

Agenda 2000.

Michael Noonan

Ceist:

252 Mr. Noonan asked the Minister for Agriculture and Food when a decision will be made in connection with force majeure and exceptional circumstances in respect of the establishment of entitlements under the mid-term review of the Agenda 2000 single payment scheme Council Regulation EC 1782-2003 (details supplied). [12008/04]

The person named submitted an application form for consideration of force majeure and exceptional circumstances on 20 January 2004 in respect of the single payment scheme. He requested that the earlier reference years of 1997, 1998 and 1999 be applied in regard to his particular circumstance. A formal notification of the decision in this case has been issued to the person named. If the application is unsuccessful, the person in question can, if he wishes, appeal the outcome of the decision in his case to the single payment appeals committee.

Michael Noonan

Ceist:

253 Mr. Noonan asked the Minister for Agriculture and Food when a decision will be made in connection with the force majeure and exceptional circumstances in relation to the establishment of entitlements under the mid-term review of the Agenda 2000 single payment scheme Council Regulation EC 1782-2003 (details supplied). [12009/04]

The person named submitted an application for consideration of force majeure and exceptional circumstances on 14 January 2004 in respect of the single payment scheme. Processing of in excess of 14,000 applications is ongoing and the person named will be notified of my Department’s decision in his case very shortly.

Rural Environment Protection Scheme.

John Perry

Ceist:

254 Mr. Perry asked the Minister for Agriculture and Food if a favourable decision will be made on the REP of a person (details supplied) in view of the circumstances outlines on the enclosed; and if he will make a statement on the matter. [12010/04]

An appeal by the person named against a REPS penalty was lodged with my Department's local office for consideration. The appeal has been examined and my Department is in direct contact on the matter with the person named.

Question No. 255 withdrawn.

Animal Identification Scheme.

Billy Timmins

Ceist:

256 Mr. Timmins asked the Minister for Agriculture and Food the position in relation to a person (details supplied) in County Wicklow who has incurred a penalty as some of the tags on their animals were the old steel ones; if this decision can be re-examined in view of the fact that they were unwell; and if he will make a statement on the matter. [12141/04]

Under EU regulations governing the special beef premium scheme, applicants are required to ensure that all animals on a farm are properly tagged and properly recorded on the CMMS database to ensure compliance with traceability requirements. When the case in question was selected for inspection, it was found that the animals presented had brass tags. The person named, who was advised of regulatory penalties on 31 December 2003, has not appealed the decision as is his right if he wishes. Any appeal request should clearly set out the circumstances involved and be supported by appropriate documentation. When a penalty of any kind is applied to a payment due to a herd owner under the special beef premium and/or suckler cow premium schemes, a penalty in the same proportion must also be applied to any payment due under the extensification premium, in accordance with EU rules.

Tuberculosis Incidence.

Billy Timmins

Ceist:

257 Mr. Timmins asked the Minister for Agriculture and Food the position in relation to a person (details supplied) in County Wicklow; if this can be awarded as a matter of urgency; and if he will make a statement on the matter. [12143/04]

Two TB reactor animals were valued on 30 March and slaughtered on 15 April 2004. The net differential valuation payment can be processed as soon as the required documentation is received by the district veterinary office, including the factory invoice which must be forwarded by the person concerned.

Tax Code.

Olwyn Enright

Ceist:

258 Ms Enright asked the Minister for Finance his views on the payment of VAT by second level schools; if his attention has been drawn to the significant reduction this has in the grant for the science lab which he has paid to schools; and if he will make a statement on the matter. [11829/04]

In accordance with the sixth EU VAT directive and Irish VAT law, primary and secondary level schools and other educational institutions, are exempt from VAT. This means they do not charge VAT on the services they supply, but cannot recover VAT on the goods and services they purchase. Only VAT registered businesses which charge VAT are able to recover VAT, essentially. It is normal for State funded services, such as schools or hospitals, to bear VAT on their purchases. However, Exchequer funding for such services, including primary and secondary schools, takes account of VAT when allocations are being made by the Government. I understand from my colleague, the Minister for Education and Science, Deputy Noel Dempsey, that the proposed expenditure on science laboratory refurbishment for this year includes €2 million for immediate urgent refurbishment works and €10.5 million for equipment for junior science technology.

Disabled Drivers.

Enda Kenny

Ceist:

259 Mr. Kenny asked the Minister for Finance the situation pertaining to the blind in relation to their entitlements to VRT, etc., on the purchase of a car; if their entitlements are the same as those for disabled persons in this regard; and if he will make a statement on the matter. [11144/04]

I assume the Deputy is referring to the disabled drivers and disabled passengers (tax concessions) scheme. The scheme provides a range of tax reliefs in connection with the purchase and use of vehicles by drivers, passengers and organisations. It is a fundamental requirement for the relief that the applicant must meet the medical criteria specified in the regulations and be in possession of a primary medical certificate to that effect issued by the appropriate senior area medical officer, who is an official of the local health board. It should be noted that the medical criteria relate, essentially, to disabilities that affect the physical mobility of the person. If the issue of the required certificate is refused, an appeal can be made to the disabled drivers' medical board of appeal, an independent body whose decision is final.

The medical criteria for the purposes of the tax concession under this scheme are set out in the 1994 disabled drivers and disabled passengers (tax concessions) regulations. A qualifying person must satisfy one or more of the six types of disablement listed under the regulations. The six types of disablement are persons who are wholly or almost wholly without the use of both legs; persons who are wholly without the use of one leg and almost wholly without the use of the other leg such that the applicant is severely restricted as to movement of the lower limbs; persons without both hands or without both arms; persons without one or both legs; persons wholly or almost wholly without the use of both hands or arms and wholly or almost wholly without the use of one leg; and persons having the medical condition of dwarfism and has serious difficulties of movement of the lower limbs.

An individual who qualifies under the medical criteria I have outlined is issued with a primary medical certificate. Possession of such a certificate provides for remission or repayment of VRT and a repayment of VAT on the purchase of the vehicle and on the cost of adapting the vehicle. Repayment of the excise duty on fuel used in the motor vehicle and exemption from annual road tax to local authorities are also provided for. The Revenue Commissioners are unable to consider an application for the relief without the issue of a valid primary medical certificate.

As I have indicated in replies to previous questions on this issue, an interdepartmental review group has examined the disabled drivers and disabled passengers (tax concessions) scheme. I have received the group's report, which is being considered. Any recommendations contained in the report in respect of the medical criteria and other conditions of the scheme will receive full consideration. I am not aware of any scheme that entitles the blind to relief of VRT on the purchase of a car. Schemes run by the Department of Health and Children, such as the mobility allowance scheme and the motorised transport grant may be of interest to the Deputy.

National Pensions Reserve Fund.

Eamon Ryan

Ceist:

260 Mr. Eamon Ryan asked the Minister for Finance if he will consider giving direction to the National Treasury Management Agency to divest the estimated €47 million shareholding in ExxonMobil corporation which is held within the National Pensions Reserve Fund and to reinvest the same money in renewable energy companies; and if the Government shares the concern of environmental groups about the refusal of the ExxonMobil corporation to accept the science of climate change, their failure to invest in new renewable energy technologies or to pay the €7 billion fines for the Exxon Valdez oil disaster which occurred in 1989. [11177/04]

The National Pensions Reserve Fund is managed by commissioners who are independent of the Government. They control and manage the fund with discretionary authority to determine and implement an investment strategy for the fund. The strategy is based on a commercial investment mandate with the objective of securing the optimal return over the long term having regard to the purpose of the fund, as set out in section 18(1) of the National Pensions Reserve Fund Act 2000, and the payment requirements of the fund as provided for under section 20 of the Act, provided the level of risk to the moneys held or invested is acceptable to the commission.

The features of the Act are similar to trustee arrangements which exist in private pension funds. Along with the statutory prohibition on draw-downs from the fund prior to 2025, they insulate the fund from day-to-day pressures on Government and enable the commission to take a long-term view. This is essential if the purpose for which the fund was established, to meet as much as possible of the cost to the Exchequer of pension payments from 2025 until 2055, at least, is to be achieved.

Section 19 of the National Pensions Reserve Fund Act 2000 provides that in investing fund moneys the commission will seek to optimise total financial return provided the level of risk is acceptable to the commission. Therefore, the commission is required to adopt a standard commercial investment policy and it does not have the discretion to choose not to invest in particular sectors or companies for anything other than commercial reasons.

In determining the investment policy of the fund during the drafting of the National Pensions Reserve Fund Act, I considered whether the policy should be strictly commercial or whether it should be qualified by ethical, environment and other public policy criteria. A major difficulty in deciding on an ethical investment policy is where to draw the line, given that there will inevitably be different opinions and intense debate on what constitutes ethical and socially responsible investments. There is unlikely to be broad consensus on any ethical investment policy. I have no plans to revisit this aspect of the matter.

Under the National Pensions Reserve Fund Act, the chairperson of the commission is required to appear before the Committee of Public Accounts at that committee's request. Furthermore, the commission's annual report must be laid before each House of the Oireachtas and is required to include a detailed list of the fund's assets at the end of the year. The commission's report for 2002 was published on 23 July 2003. The commission is specifically required to include in its report information on the investment strategy followed, a report on the investment return achieved by the fund and a valuation of the net assets of the fund at the end of the year. These requirements are designed to ensure that detailed information concerning the fund is made available to the public at the appropriate time.

Tax Clearance Certificates.

Willie Penrose

Ceist:

261 Mr. Penrose asked the Minister for Finance if an application for a C2 certificate by a person (details supplied) in County Meath is expedited; and if he will make a statement on the matter. [11200/04]

I am advised by the Revenue Commissioners that an application for a C2 certificate from the person in question was processed on 5 April 2004. The taxpayer will receive a notification advising when the certificate is printed and ready for collection. I am further advised that the process of producing a certificate, which is a laminated card complete with photographic identity, generally takes three to four weeks.

National Monuments.

Caoimhghín Ó Caoláin

Ceist:

262 Caoimhghín Ó Caoláin asked the Minister for Finance the cost of cleaning and refurbishment of the statue of Albert Saxe-Coburg-Gotha on Leinster Lawn. [11254/04]

The total cost of cleaning and refurbishing the statue of Albert Saxe-Coburg-Gotha on Leinster Lawn is €9,080. When a survey of the condition of the statue was undertaken, it was established that conservation work was necessary. The statue is by Dublin born sculptor John Henry Foley, 1818-1874, who is considered one of Ireland's most eminent sculptors of the 19th century. The bronze figure of Albert is flanked on its pedestal by the bronze figures of four youths who represent agriculture, art, industry and science. The refurbishment of the four figures was included in the total cost.

Pension Provisions.

Barry Andrews

Ceist:

263 Mr. Andrews asked the Minister for Finance if he will ensure coherence in Government policy by matching his expressed desire to keep persons in the workforce for longer by ensuring that pension contributions after the 40th year of public service employment is matched by increases in pension entitlements; and if he will make a statement on the matter. [11255/04]

It is long-standing practice in public service pension schemes for maximum benefits to be based on 40 years' service, with service beyond 40 years conferring no additional benefits. Based on a standard accrual rate of one eightieth per year of service, this allows retiring public servants who have 40 years' service to qualify for a lump sum of one and a half times their salary and a pension benefit equivalent to half salary. Most public service pension schemes, whether contributory or non-contributory, are financed by the Exchequer on a pay-as-you-go basis. In defined benefit contributory schemes, this means that members' contributions do not determine the final salary benefits they can expect to receive on retirement. In such cases the employee contribution represents only a small part of the total cost to the employer of a public service defined benefit occupational pension. These benefits compare favourably with provision in the private sector and international public service arrangements. I do not intend to improve them for persons whose service exceeds 40 years.

The Deputy's question makes reference to the issue of persons remaining longer in the workforce. In this connection, I consider the recent enactment of the Public Service Superannuation (Miscellaneous Provisions) Act 2004 to be an important measure, in that the requirement to retire on age grounds will not apply to most new entrants to the public service from 1 April 2004. There is no lack of coherence, therefore, between the policy for new entrants to the service contained in the Act and the maximum accrual of 40 years, in view of the excellent pension benefits available to public servants.

Flood Relief.

Michael Ring

Ceist:

264 Mr. Ring asked the Minister for Finance if the OPW will provide the necessary works on a river at Cloonferth, Ballyheane, Castlebar to prevent the flooding of the land of a person (details supplied) in County Mayo. [11292/04]

An official from the Office of Public Works recently visited the person referred to in the question. The channel for which the OPW is responsible is in good condition and does not require maintenance works at present. Drainage works required to other channels in the vicinity are a matter for the relevant landowners.

Question No. 265 withdrawn.

Tax Code.

Sean Fleming

Ceist:

266 Mr. Fleming asked the Minister for Finance if tax relief can be claimed on expenditure on in vitro fertilisation as part of the medical expenses claimable by a PAYE taxpayer. [11334/04]

In accordance with the provisions of section 469 of the Taxes Consolidation Act 1997, tax relief may be claimed on certain unreimbursed medical expenses incurred by a taxpayer and his or her qualifying dependants. For the purposes of the relief, in vitro fertilisation is regarded as treatment in respect of infertility and tax relief may be claimed on expenses incurred in respect of such treatment provided it is obtained in a hospital approved for the purposes of the tax relief. Where such treatment is obtainable only outside the State, reasonable expenses of travelling and accommodation for the patient may be allowed. A full list of approved hospitals is available on the Revenue Commissioners website, www.revenue.ie, as is a full explanatory leaflet on the tax relief relating to health expenses.

Mayo Landslide.

Michael Ring

Ceist:

267 Mr. Ring asked the Minister for Finance if the OPW have plans to accommodate the late applicants for funding after the landslides of September 2003 in Pullathomas, Ballina, County Mayo; and if so, when funding will be granted to them. [11335/04]

Michael Ring

Ceist:

273 Mr. Ring asked the Minister for Finance if the OPW has given funding to Mayo County Council for the erection of protective barriers on Dooncarton mountain in north Mayo to prevent landslides such as those of September 2003. [11556/04]

I propose to take Questions Nos. 267 and 273 together.

There are no plans to provide additional funds by way of humanitarian aid for those affected by the landslides at Pullathomas, Ballina, County Mayo. The funding of protective barriers is not a matter for the Office of Public Works. The question of State funding, if any, is more appropriate to the local authority and/or the Department of Environment, Heritage and Local Government.

Departmental Staff.

Pat Breen

Ceist:

268 Mr. P. Breen asked the Minister for Finance if he will allocate extra staff to the RCT section of the Revenue Commissioners in Limerick which are under staffed and unable to deal with customer queries; and if he will make a statement on the matter. [11392/04]

Matters relating to the administration of the tax system, including the deployment of resources, are a matter in the first instance for the Revenue Commissioners. I am advised by the Revenue Commissioners that the RCT section of its Limerick office is adequately staffed and that customer queries are handled in a timely fashion, within the parameters of the Revenue Commissioners published customer service standards. The Revenue Commissioners have advised me that they will be happy to examine any specific case that may give rise to a particular concern if the details of any such case are made available to them.

Garda Stations.

Charlie O'Connor

Ceist:

269 Mr. O’Connor asked the Minister for Finance the consultations he has had in respect of the redevelopment of the Tallaght Garda station site; and if he will make a statement on the matter. [11417/04]

A meeting between officials of the Office of Public Works, the Department of Justice, Equality and Law Reform and local Garda management was held at Tallaght Garda station on 7 April 2004. The meeting was held to discuss the proposals OPW has formulated for the redevelopment of Tallaght Garda station. It was agreed that a revised brief for the Garda station will be drawn up by the Garda. The brief will be forwarded through the Department of Justice, Equality and Law Reform to the OPW to enable a sketch scheme to be prepared.

Departmental Appointments.

Mae Sexton

Ceist:

270 Ms Sexton asked the Minister for Finance if the only avenue to become an established civil servant is through the Civil Service and Local Appointments Commission; and if he has the power in certain circumstances to appoint without recourse to the Civil Service and Local Appointments Commission. [11435/04]

Under section 13(1) of the Civil Service Commissioners Act 1956, no person shall be appointed to an established position in the Civil Service unless the commissioners, after holding a competition under section 15 of the Act, have, under Section 17, selected him or her for appointment to that position. The Local Appointments Commissioners have no role in this regard. Section 13(1) of the Act does not apply to an appointment to an established position where the Minister, or the appropriate authority with the consent of the Minister, recommends an appointment to an established position and the Government, having considered such recommendation, decides that such an appointment would be in the public interest. This provision has not been used in the past 20 years. The Deputy might wish to note that political appointments such as special advisers and personal assistants are appointed to unestablished positions and are co-terminus with the Minister's term of office.

Tax Code.

Bernard J. Durkan

Ceist:

271 Mr. Durkan asked the Minister for Finance if a refund of income tax is due in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [11475/04]

I am informed by the Revenue Commissioners that the person concerned has not yet submitted a claim for a refund of tax. An official from the Revenue Commissioners has contacted the person concerned by telephone and established the query was of a general nature. However, if the individual wishes to claim a refund of income tax, details of the claim, together with any relevant documentation, should be addressed to Mr. Don McNally, Inspector of Taxes, Kildare PAYE, Grattan House, Lower Mount Street, Dublin 2, at telephone number 01 647 4441.

Garda Stations.

Jimmy Deenihan

Ceist:

272 Mr. Deenihan asked the Minister for Finance if a decision has been made on the site for the new Garda station in Castleisland, County Kerry; and if he will make a statement on the matter. [11504/04]

The Commissioners of Public Works are considering a number of sites in Castleisland for a new Garda station on behalf of the Department of Justice, Equality and Law Reform. The acquisition of a suitably serviced site will depend on an acceptable price being reached with the vendor, and the priority accorded to Castleisland by the Department of Justice, Equality and Law Reform.

Question No. 273 answered with QuestionNo. 267.

Mayo Landslide.

Michael Ring

Ceist:

274 Mr. Ring asked the Minister for Finance if a working group has been established to discuss the problems of people in north Mayo affected by the landslides of 2003; if so, the chair of this group; and if the persons concerned will be part of the group. [11558/04]

The Mayo County Manager established an implementation working group to examine issues arising from the landslides at Pullathomas and Glengad, County Mayo and asked that Office of Public Works be represented on the group. The group also includes representatives from the Departments of the Environment, Heritage and Local Government and Community, Rural and Gaeltacht Affairs. The group is chaired by an official of Mayo County Council. The question of representation on the group is a matter for Mayo County Council.

Decentralisation Programme.

Richard Bruton

Ceist:

275 Mr. R. Bruton asked the Minister for Finance the manner in which the professional requirements of posts being decentralised will be handled under the proposed central applications facility in order that only persons with requisite skills will be assigned to specialist roles in the decentralised bodies. [11585/04]

The intention of the central applications facility is to allow staff, in all participating organisations, apply for transfer to locations in the decentralisation programme. The exact terms and conditions which will allow access from one sector to another and across professional streams are the subject of on-going detailed discussions with the trade unions. In the interim, all staff may apply indicating an expression of interest in a particular post.

Richard Bruton

Ceist:

276 Mr. R. Bruton asked the Minister for Finance the present accommodation of offices proposed to be decentralised, indicating the square footage, the form of lease, the rental, the termination date of the lease and the penalty for early termination; and the proposed new accommodation, indicating the square footage, the proposed form of lease and the rental of similar properties in the area. [11586/04]

The State rents some 200,000 sq. m. of office space in the Dublin area at a cost in the region of €70 million per annum. In addition, the State uses some 230,000 sq. m. of State-owned office accommodation in Dublin. Under the decentralisation programme in excess of 200,000 sq. m. of office accommodation will be required in the regions for staff moving out of Dublin. A broadly equivalent amount of space will, as a consequence, be no longer required in the Dublin area.

The issues surrounding the disposal of surplus Dublin space, both owned and leased, are being addressed. In this context, the specific circumstances associated with each building including location, quality and design, tenure, office area and whether its leasehold or freehold will be taken into account. The relocation of Departments and offices within the Dublin portfolio with a view to the optimum consolidation of Dublin office space will also be taken into account. The timing of property disposals and the market value of a building can be greatly affected by prevailing market conditions including a significant influx of properties to the market is another factor for consideration. The question of whether the new accommodation in the regions will be leased, newly built by the State or purchased, depends on the circumstances in each particular case. In general, rental levels in the regions tend to be lower than those applying in the Dublin area.

Pension Provisions.

Mary Upton

Ceist:

277 Dr. Upton asked the Minister for Finance the date on which the Government decided, in accordance with section 5 of the Civil Service Regulation Act 1956, to abolish the office of a person (details supplied) in his Department; and if he will make a statement on the matter. [11646/04]

Mary Upton

Ceist:

278 Dr. Upton asked the Minister for Finance the reason for the decision to withhold a special severance gratuity payable under section 7 of the Superannuation and Pensions Act 1963 from a person (details supplied) in his Department whose office was abolished under section 5 of the Civil Service Regulation Act 1956; and if he will make a statement on the matter. [11647/04]

I propose to take Questions Nos. 277 and 278 together.

While to date, normal provisions for employment of civil servants provided for retirement after 40 years of service, provision is made for early retirement on grounds of abolition of office under section (6) of the Superannuation and Pensions Act 1963. The person named in the details supplied retired from the Civil Service on 18 August 1993 and received added years of service under the terms of section 6 of the Superannuation and Pensions Act 1963. This was considered, in light of all the information available, and following protracted correspondence with the person concerned, and their legal advisors, to be the most appropriate in the circumstances. No payment was made under section 7 of the Superannuation and Pensions Act 1963.

Archaeological Sites.

John McGuinness

Ceist:

279 Mr. McGuinness asked the Minister for Finance if the flood lighting system at Jerpoint Abbey, Kilkenny is fully operational; if wheelchair access throughout the site will be provided; and if ramps will be provided as soon as possible. [11687/04]

The floodlighting system at Jerpoint Abbey is fully operational. However, one of the floodlights has a faulty bulb. A replacement bulb has been ordered and delivery is awaited. Wheelchair access is already provided to all ground floor areas of the site.

Tax Collection.

Mary Upton

Ceist:

280 Dr. Upton asked the Minister for Finance if he will review the tax liability of a person (details supplied) in Dublin 6W; and if this person is paying the appropriate level of tax. [11688/04]

I am advised by the Revenue Commissioners that a capital gains tax return for the year 2002 was received from the taxpayer on 7 November 2003 together with a capital gains tax computation setting out a liability of €4,515 on a capital distribution received from Scottish Provident in 2002. A bank draft for €4,515 was also received.

A notice of assessment to capital gains tax was issued on 30 December 2003 setting out the liability to capital gains tax at €4,740.75 to include a 5% surcharge of €225.75. The surcharge was applied as the return was not submitted on time on 31 October 2003. The taxpayer paid the surcharge of €225.75 on 13 January 2004.

On examination of the covering letter, dated 5 November 2003, submitted with the return, the taxpayer indicated that the delay in submitting the return was due to the fact that as her post was being redirected to her sisters she did not receive a letter from Scottish Provident advising her of her obligations until after the return filing date.

In the circumstances, the Revenue Commissioners are prepared to waive the surcharge of €225.75 and have arranged for the issue of an amended notice of assessment to capital gains tax for 2002 together with a repayment of €225.75.

Disabled Drivers.

Brian O'Shea

Ceist:

281 Mr. O’Shea asked the Minister for Finance further to Parliamentary Question No. 86 of 7 April 2004, if he will immediately publish the interdepartmental report of the review group on the disabled drivers and disabled passengers tax concessions scheme in order to speed up the decision making process; and if he will make a statement on the matter. [11793/04]

As I have said in a reply to a previous Parliamentary Question, the interdepartmental report of the review group on the disabled drivers' and disabled passengers' tax concessions scheme is under consideration in my Department. The report is a substantive one and needs to be studied carefully. On completion of this process, I envisage that the report will be made available publicly. In the Dáil debate on the Finance Bill 2004, I stated that I intended that the report would go to Government and would be published this year.

Decentralisation Programme.

Olivia Mitchell

Ceist:

282 Ms O. Mitchell asked the Minister for Finance if he will take steps to ensure that all staff in all Departments are informed of their jobs decentralised location prior to the trawl for applicants which is due to commence shortly. [11794/04]

Arrangements are being made to provide staff with final details of the work units, grades and numbers to be decentralised to each of the published locations in advance of the launch of the central applications facility. This information will also be made available to the trade unions.

Tax Code.

Paul Kehoe

Ceist:

283 Mr. Kehoe asked the Minister for Finance if an individual wishes to sell part of their yard attached to their commercial premises that is also their main residence will have to pay capital gains tax; and if he will make a statement on the matter. [11854/04]

I am advised by the Revenue Commissioners that a disposal of a yard which is attached to a commercial premises and where the premises is also a principal private residence, will give rise to a chargeable gain subject to capital gains tax.

The sale of the yard will constitute a part-disposal of the entire property and a calculation of capital gain will be made. It will then be necessary to apportion the gain between commercial and private use. To the extent that the yard had a use as part of a principal private residence and the yard was not development land, the part of gain referable to that principal private residence use will be exempted. The part of the gain referable to commercial use will be charged to capital gains tax.

However, if the yard is development land where the proceeds represent more than current use value, then a calculation of overall gain will be made and capital gains tax will apply as follows. The increase in current use value will be chargeable and indexation relief will be available only in respect of years to 2002. The increase in development value will be chargeable and indexation relief will not be available. If the gain referable is to principal private residential use then the increase in current use value will be exempt. The increase in development value will be chargeable and indexation relief will not be available.

Section 604 of the Taxes Consolidation Act 1997 is the main governing provision but the calculation in the circumstances described are a little complex. It is, therefore, suggested that the individual in question should contact the relevant inspector of taxes in the Revenue Commissioners to discuss this particular case in detail.

Non-Resident Accounts.

John Deasy

Ceist:

284 Mr. Deasy asked the Minister for Finance the process of notification utilised by the Revenue Commissioners and financial institutions when contacting holders of bogus non-resident accounts and offshore account holders in the investigation into tax avoidance and tax evasion. [11887/04]

In the case of the investigation into bogus non-resident accounts, the Revenue Commissioners conducted on site DIRT look-back audits on 37 financial institutions during 1999 and 2000. The focus of these audits was the DIRT position of the financial institutions concerned. In the course of this audit programme, many bogus non-resident deposit accounts that belonged to taxpayers were identified.

The Revenue Commissioners issued a statement of practice, SP-Gen 1/01, in May 2001, which set out a voluntary disclosure incentive scheme for taxpayers who held bogus non-resident deposit accounts and who wished to disclose and pay all their outstanding tax liabilities by 15 November 2001. This approach to the bogus non-resident account problem was extensively publicised at the time. Many taxpayers took the opportunity that was offered and payments of €227 million were made under the disclosure scheme.

Inquiry work commenced on 16 November 2001 to identify taxpayers who chose not to avail of the voluntary disclosure scheme. Eighteen applications for High Court orders under Section 908, Taxes Consolidation Act 1997 were obtained. These High Court orders required the relevant financial institutions to supply names, addresses and other relevant information concerning the identities of account holders who held non-resident deposit accounts. This information was the principal basis for identifying holders of bogus non-resident accounts.

Subsequently, inquiry letters were issued by the Revenue Commissioners to those taxpayers who were identified by this process. The inquiry letters sought disclosures and payment of outstanding liabilities within 60 days of the dates of issue. Some, of course, would have no liability. Since 15 November 2001, payments of €285 million have been made to the Revenue Commissioners by taxpayers who held bogus non-resident deposit accounts and who chose not to avail of the voluntary disclosure scheme.

In the case of the investigation into holders of offshore accounts, the Revenue Commissioners advised the relevant financial institutions that an investigation would be initiated from a specified date and that the normal benefits of a qualifying disclosure, as outlined in the code of practice for Revenue auditors, would be available to those who chose to come forward before that date. After the specified date the holders of offshore accounts would no longer be able to make a qualifying disclosure to the Revenue Commissioners and, therefore, benefit from reduced penalties, non-publication and non-prosecution. The financial institutions wrote to the account holders in question advising them of the forthcoming investigation and of the benefits of making a qualifying disclosure. The Revenue Commissioners also publicly advertised the details of the voluntary disclosure scheme and produced a publication to assist people in understanding whether they might have a liability. The deadline to submit a notice of intention to make a qualifying disclosure was 29 March 2004. Some 15,000 individuals have indicated to the Revenue Commissioners that they will be making a disclosure. The people concerned have until 28 May 2004, to submit a statement of disclosure which should contain a tax computation, a payment and a declaration.

The Revenue Commissioners have informed me that where they discover a person to have held an offshore account and has a non-discharged tax liability but has failed to make a voluntary disclosure within the timeframe, that person will be vigorously pursued for unpaid liabilities. Such an individual can expect to receive an inquiry letter from the Revenue Commissioners along the lines of those issued in connection with the investigation into bogus non-resident accounts.

John Deasy

Ceist:

285 Mr. Deasy asked the Minister for Finance if a deal was struck between the Revenue Commissioners and financial institutions to absolve or indemnify bank officials who may have acted improperly in setting up bogus non-resident accounts; and if he will make a statement on the matter. [11888/04]

The Revenue Commissioners conducted on site DIRT look-back audits on 37 financial institutions during 1999 and 2000. The focus of these audits was the DIRT position of the financial institutions concerned. In the course of this audit programme, many bogus non-resident deposit accounts that belonged to taxpayers were identified. At its conclusion, financial institutions made payments totalling €220 million to the Revenue Commissioners. These payments represented the DIRT, which should have been deducted together with the related interest and penalties. The Revenue Commissioners made a report on the matter to the Committee of Public Accounts which commented on the outcome of these audits in the final report on the DIRT inquiry, finalised on 3 April 2001.

The Revenue Commissioners have informed me that no evidence was seen in the course of the DIRT look-back audit programme that would support an investigation of an official of a financial institution with a view to prosecution. The Revenue Commissioners also informed me that no deal was struck between them and the financial institutions to absolve or indemnify bank officials who may have acted improperly in setting up bogus non-resident accounts.

With regard to the prosecution of officials from financial institutions who may have assisted in placing funds in bogus non-resident accounts, the primary responsibility for ensuring that a tax return is correct rests with the individual making that return. There is a statutory offence in the tax code of knowingly aiding or abetting another person to make an incorrect tax return. However, generally in the case of third parties, it is difficult to meet the standard of evidence required to incriminate an alleged wrongdoing by a taxpayer who has failed to declare correct income or gains. I understand from the Revenue Commissioners that while, in their experience, aiding and abetting offences are notoriously difficult to prosecute, it would be their general policy to pursue such cases if sufficient evidence becomes available.

Disabled Drivers.

Willie Penrose

Ceist:

286 Mr. Penrose asked the Minister for Finance the reason his Department does not waive vehicle registration tax on motor vehicles for visually impaired persons and their spouses; and if he will make a statement on the matter. [11896/04]

I assume that the Deputy is referring to the disabled drivers' and disabled passengers' tax concessions scheme under which relief from vehicle registration tax may be given to those who meet the medical criteria of the scheme.

As indicated in replies to previous questions on this issue, an interdepartmental review group has examined the disabled drivers' and disabled passengers' tax concessions scheme. I have received the report of the group and it is being considered. Any recommendations contained in this report on the medical criteria and other conditions of the scheme will receive full consideration. The report is a substantive one and needs to be studied carefully. On completion of this process, I envisage that the report will be made available publicly.

Schools Buildings Projects.

Fergus O'Dowd

Ceist:

287 Mr. O’Dowd asked the Minister for Finance the position regarding the proposed acquisition of a site of approximately three acres for a new school for Mell national school in Drogheda, County Louth. [12028/04]

The Commissioners of Public Works act as agents for the Department of Education and Science in the acquisition of sites for primary schools. An advertisement was placed in the local newspapers in March 2004 requesting landowners to forward details of sites suitable for meeting the requirements of Mell national school. However, no response was received. The Commissioners of Public Works are currently evaluating a site identified to them by the school's board of management. This process is expected to be completed by the end of May 2004.

House Prices.

John Bruton

Ceist:

288 Mr. J. Bruton asked the Minister for Finance if he has asked his services to analyse the methodology and evidence in the reports, UK House Prices: A Critical Assessment, and The UK Housing Market: Bubbles and Buyers, which show a high risk of a housing price bubble in Britain; the similarities and dissimilarities of the content of these reports to the Irish housing market situation; and if he will make a statement on the matter and on evasive action that can be taken to mitigate the risks involved. [12029/04]

I am aware of views expressed by different commentators in this area but the evidence of well-supported demand and continued strong supply would seem to suggest the prospect of an orderly price evolution in the housing market. I noted the April 2004 comprehensive analysis of the housing market by AIB, The Irish Housing Market, that concluded:

Housing supply is at very high levels. However, the market is well underpinned on the demand side, not only by demographic factors but also by investor demand, the strength of demand for second homes and by the level of unsatisfied pent-up demand. Thus, prices are unlikely to crash and the risk of negative equity on any meaningful or material scale is small.

I also noted that the UK Chancellor of the Exchequer is reported as having disputed various negative assessments of the UK housing market.

Garda Stations.

Cecilia Keaveney

Ceist:

289 Cecilia Keaveney asked the Minister for Finance further to Parliamentary Question No. 125 of 7 November 2002, when works on a Garda station will commence (details supplied); the reasons for the delay; and if he will make a statement on the matter. [12100/04]

Cecilia Keaveney

Ceist:

290 Cecilia Keaveney asked the Minister for Finance further to Parliamentary Question No. 125 of 7 November 2002, when works on a Garda station development will commence (details supplied); the reason for the delay; and if he will make a statement on the matter. [12101/04]

I propose to take Questions Nos. 289 and 290 together.

I am advised by the Commissioners of Public Works that, due to financial constraints and the heavy demands being placed on the Garda minor works programme, it was agreed with the Garda Authorities and the Department of Justice, Equality and Law Reform not to proceed with this project in 2003. It is, however, included in the agreed programme of works for 2004. The planning process for the refurbishment scheme is now complete and tender documents are being finalised for issue within the next two weeks. It is anticipated that a contract will be placed in mid-June 2004 and works should commence on site in early July 2004.

With regards to Buncrana, to ensure that there remains operational cell accommodation on the Inishowen peninsula, it was agreed between the Garda authorities and the Commissioners of Public Works to complete cell refurbishment to Burnfoot Garda station before the large scale works at Buncrana commence. In view of the later commencement date of the Burnfoot project, works to Buncrana Garda station will begin upon completion of the cell refurbishment at Burnfoot.

Commonage Areas.

Billy Timmins

Ceist:

291 Mr. Timmins asked the Minister for Finance the position of the Great Heath of Maryborough, County Laois which is subject to common of pasture and is managed by the Office of Public Works; the permissions that have been granted in 2004 to cut and remove from the above area, to deposit spoil on the above area, to enlarge structures on the above area and to lay tarmacadam on the above area; and if he will make a statement on the matter. [12140/04]

The Office of Public Works cut and removed furze as part of their management of the heath in February this year. During maintenance on an existing hard-core gravel roadway within the confines of the golf course, the Heath golf club removed some spoil and replaced it with a tarmacadam roadway. Rather than dumping this spoil it is being used to change one of the existing tee boxes on the golf course.

Tax Collection.

Emmet Stagg

Ceist:

292 Mr. Stagg asked the Minister for Finance the reason for the delay in issuing a refund of tax paid to a person (details supplied) in County Kildare; if he will arrange for same to issue without further delay; and if he will make a statement on the matter. [12147/04]

I am advised by the Revenue Commissioners that the person's tax affairs are being dealt with in the Kildare-Meath-Wicklow customer services district in Grattan House, Lower Mount Street, Dublin 2 — phone number 01-6474000 — and her tax details are held there.

A return of income for 2002 was received from the taxpayer on 27 August 2003. On 12 September 2003 a notice of assessment was issued. The taxpayer immediately made contact with the office advising that the figure for her foreign pension on the return of income had been understated. An amended assessment was issued on the 25 September 2003 and this should have led to the automatic issuing of the appropriate refund of €500 to the taxpayer. Regrettably, this did not happen. I am further advised that the Revenue Commissioners have now dealt with the refund manually and a repayment of €500 together with interest due will issue within the next ten days.

Overseas Development Aid.

Barry Andrews

Ceist:

293 Mr. Andrews asked the Minister for Foreign Affairs if he will avail of the opportunity provided by the General Affairs and External Relations Council meeting at the end of April 2004 to agree that the European Commission should focus on EU countries fulfilment of millennium development goal eight as others are monitored by the United Nations Development Programme. [11160/04]

Barry Andrews

Ceist:

294 Mr. Andrews asked the Minister for Foreign Affairs if he will use the General Affairs and External Relations Council meeting at the end of April 2004 to push the idea of having one commissioner for development co-operation with full voting power to ensure effective aid delivery. [11161/04]

Barry Andrews

Ceist:

295 Mr. Andrews asked the Minister for Foreign Affairs if the General Affairs and External Relations Council meeting at the end of April 2004 will be used to agree a timeframe for EU member states to reach the UN goal of 0.7% overseas development aid; and his views on the fact that any such increases will be poverty focused and not a consequence of broadened OECD/ODA criteria or counter-terrorism clauses; and if he will make a statement on the matter. [11162/04]

Joan Burton

Ceist:

300 Ms Burton asked the Minister for Foreign Affairs if, at the meeting of EU Foreign Ministers on 26 and 27 April 2004 under the Irish Presidency, he will agree that the appropriate role for the European Commission in stocktaking the millennium development goals is on the way in which EU countries and the EU itself are fulfilling millennium development goal eight in view of the fact that this goal concerning coherence is not being adequately monitored elsewhere, whereas millennium development goals one to seven are being monitored by the United Nations Development Programme. [11479/04]

I propose to take Questions Nos. 293 to 295, inclusive, and 300 together.

The General Affairs and External Relations Council is discussing a cluster of development co-operation issues at today's meeting in Luxembourg. These issues include the follow up to the commitments given by the EU at the 2002 Monterrey International Conference on Financing for Development; the preparation of the EU's contribution for the United Nations high level event in 2005 to review progress towards the achievement of the millennium development goals; and a debate on the reform of European Commission external assistance. Ireland, since assuming the European Union Presidency, has given priority to advancing EU action in all of these areas.

The eighth millennium development goal provides for the development of a global partnership for development. While the other seven millennium development goals are primarily focused on developing countries, the eighth goal provides a role for donors in facilitating the achievement of the millennium development goals through a strengthened partnership with developing countries. The eighth goal has subsequently been elaborated by the World Bank and the United Nations Development Programme to embrace issues such as greater policy coherence, particularly in trade, debt relief and increased overseas development assistance.

In January 2004, the first General Affairs and External Relations Council under Ireland's Presidency agreed conclusions which said that Ministers would consider, at the April General Affairs and External Relations Council, inviting the Commission to take on a role in monitoring the EU's contribution to the achievement of the millennium development goals. Ministers also stated that they believed that the EU's commitment to the achievement of the millennium development goals should be reflected across the range of the Union's policies and in its decisions on financial allocations.

The Commission recently issued a paper outlining how a stocktaking of EU member states' contributions to the achievement of the millennium development goals, including the eighth goal, could be undertaken. At today's General Affairs and External Relations Council meeting, the Presidency is pressing member states to give the Commission a formal mandate to embark on this work. The result of this stocktaking exercise, which will include an analysis of the extent to which member states have internalised the millennium development goals in their national development co-operation policies, will be an important element in the EU's contribution to the major UN review of progress towards the millennium development goals in 2005.

The Presidency has proposed that the draft Council conclusions on this issue should highlight the importance of the seventh goal, which deals with the environment, and the eighth goal, as they are of most relevance to donors. The template for the national millennium development goal reports, proposed by the Commission, includes 15 indicators for monitoring the efforts of the member states on these two goals.

A debate on the reform of EC external assistance, which is managed by the Commission, is also being held at today's meeting of the General Affairs and External Relations Council. Commissioner Nielson is to provide Ministers with an update on the reform process. The Presidency, with the support of member states, is anxious to ensure that the achievements registered so far in reforming the efficiency and effectiveness of EC aid are maintained and strengthened. It will be important that later this year the new Commission should have the necessary structures to achieve this. Ireland would like to see a dedicated portfolio responsibility for this critical area of policy in this Commission later this year.

The question of reaching the UN goal of spending 0.7% of gross national income on overseas development aid relates to the first of the eight commitments which the EU undertook at the Barcelona Council on 14 March 2002, as its contribution to the Monterrey International Conference on Financing for Development. At Barcelona, those EU member states that had not reached the UN 0.7% target committed themselves, as a first step, individually to increase their overseas development aid in 2003-2006 so that collectively an EU average of 0.39% overseas development aid/gross national income is reached by 2006. All EU member states will also strive to reach, within their respective budget allocation processes, at least 0.33% overseas development aid/gross national income by 2006.

At today's General Affairs and External Relations Council, Ministers are discussing the second annual monitoring exercise by the Commission on the progress achieved in meeting the Monterrey commitments, including that in relation to the volume of overseas development aid. The second Commission report indicates that this commitment is now well on track. In 2002, the EU member states collectively increased their overseas development aid by 2.8% and provided 0.34% of their gross national income to overseas development aid. The Commission estimates that if all current overseas development aid commitments are met, then the EU will exceed the Barcelona commitment to reach an average EU overseas development aid of 0.39% of gross national income by 2006 and will instead reach 0.43% of gross national income.

All the EU member states are committed to reaching the UN target of 0.7%. Denmark, Luxembourg, the Netherlands and Sweden have already reached or exceeded the target. Belgium and Ireland have indicated timeframes by which they might reach the target. While decisions on establishing national timeframes for reaching the UN target are the responsibility of EU member states' governments, the monitoring exercise undertaken by the Commission, on foot of the Barcelona commitments, is playing a key role in encouraging member states to increase their overseas development aid on the way to meeting the UN 0.7% target.

Article 177 of the European Union Consolidated Treaties states, inter alia, that Community policy in the sphere of development co-operation, which shall be complementary to the policies pursued by member states, shall foster “the campaign against poverty in the developing countries”. Poverty reduction is, therefore, already anchored in the existing treaties. Last year, together with six of my EU ministerial colleagues, in a joint position paper to the Convention on the Future of Europe, I helped to have a reference to poverty reduction inserted as the objective of EU development co-operation in the text of the draft EU Constitutional Treaty.

There is nothing in the EU declaration on combating terrorism, adopted at the European Council on 25 March 2004, which states that receipt of EU development assistance will be directly linked to developing states' efforts in containing terrorism. Section 12 of the declaration, which deals with international co-operation, commits the European Union to ensuring effective and practical co-operation with third countries through the "development of technical assistance strategies, to facilitate vulnerable third countries in enhancing their counter-terrorism capability, and by addressing counter-terrorism concerns into all relevant assistance programmes to promote good governance and the rule of law". There is no implication in this to suggest that receipt of EU development assistance would in any way be linked to states' efforts to combat terrorism.

Research Funding.

Aengus Ó Snodaigh

Ceist:

296 Aengus Ó Snodaigh asked the Minister for Foreign Affairs his views on the Action From Ireland report finding that Irish universities are becoming increasingly involved in arms trade-sponsored research; if in his view Irish involvement in the arms trade is consistent with the principle of military neutrality and policy commitments to conflict prevention; and if he will make a statement on the matter. [11179/04]

I am aware that Action From Ireland, Afri, launched a report, Death from a Distance: the Ongoing Militarisation of Ireland, on 2 April, a copy of which my Department has received. I understand, however, that the three universities referred to in the report in question have reportedly denied allegations that EU-funded research conducted by them has any links with the defence industry. I also understand that some of the technologies concerned, including those associated with the aerospace sectors, may have a dual use — that is, they can have a military as well as a civilian application. Indeed, the potential for dual use application is often a feature of these and some other high-technology sectors.

More generally, I emphasise that all exports of military goods from Ireland must conform to the EU code of conduct on arms exports, which establishes criteria to control the export of military goods. Ireland was involved in the establishment of this code, which was adopted by the EU General Affairs Council in June 1998. The code lists the factors to be taken into account when deciding whether to allow the exportation of military goods. These factors include respect for human rights and the internal situation in the country of final destination, as well as the preservation of regional peace, security and stability. Furthermore, any export of legally controlled dual use goods must only take place in conformity with Council Regulation (EC) 1334/2000 (as amended) of 22 June 2000. Ireland's commitment to and participation in these systems underscores our position that any illegal movement and trade in armaments and military goods is totally unacceptable. I am satisfied that the manufacture of military goods and the development of technology in this country has no implications for our traditional policy of military neutrality.

With regard to conflict prevention, the Deputy will be interested to know that from 31 March to 2 April, in the context of the EU Presidency, the Government hosted an international conference in Dublin Castle on conflict prevention whose theme was the role of NGOs and civil society in the prevention of armed conflict. I draw the attention of the Deputy to my keynote address to this event, a copy of which is available on the Irish Presidency website.

Human Rights Issues.

Joe Higgins

Ceist:

297 Mr. J. Higgins asked the Minister for Foreign Affairs if he intends to call for the reform of the United Nations Commission on Human Rights during Ireland’s Presidency of the EU in view of the fact that 25 of the 53 member countries of the United Nations Commission on Human Rights have not ratified all the conventions and agreements that this body is called on to enforce; and if he will make a statement on the matter. [11256/04]

Ireland has always been committed to the purposes and principles of the United Nations Charter and has played a distinctive role in the area of human rights, which has long been a central concern of our foreign policy. Accordingly, the Government attaches great importance to the role and work of the Commission on Human Rights, which has proved itself an essential forum for the promotion and protection of human rights around the world.

The question of calling for the establishment of membership criteria for the Commission on Human Rights has been considered by Ireland, in conjunction with our EU partners and other like minded countries, in a variety of forums, including the Human Security Network. However, the Government concurs with the widely held view that the promotion and protection of human rights is best achieved via a broad consensus among a clear majority of states. The exclusion of parts of the international community from elaborating new standards and from addressing violations is not in the best interests of furthering human rights.

The Government believes none the less that membership of the commission imposes special responsibilities. It offers states a unique opportunity to demonstrate their commitment to human rights instruments and to the discharge of human rights obligations. Members have the opportunity to play a leadership role in vindicating human rights worldwide. Furthermore, Ireland believes that the members of the commission have a responsibility themselves to uphold the standards of the UN human rights programme and to enhance the credibility and relevance of the commission.

Ireland encourages all candidates to membership of the commission to demonstrate their commitment to the international human rights protection system, inter alia , by ratifying the core human rights treaties and by co-operating with the special procedures of the Commission on Human Rights. We will continue to work with other like-minded countries to improve the efficiency and effectiveness of the UN Commission on Human Rights.

Euro-Arab Meeting.

Michael D. Higgins

Ceist:

298 Mr. M. Higgins asked the Minister for Foreign Affairs if the Government will be represented at the Euro-Arab parliamentary dialogue meeting in Tunisia in April 2004; and the form and composition of the representation. [11257/04]

The Government has not received an invitation to participate in this meeting. I understand, however, that the Oireachtas was invited to participate and a decision was taken by the relevant committees of the Oireachtas to do so. However, the latest information is that this meeting has now been postponed from its planned date of 27-28 April and that a new date has not yet been arranged. The Government of course welcomes any meeting which enhances dialogue between Europe and the Arab world, and hopes that the meeting will go ahead as soon as possible.

Irish Citizenship.

Pat Breen

Ceist:

299 Mr. P. Breen asked the Minister for Foreign Affairs the procedure for children and grandchildren of Irish citizens residing in South Africa who wish to apply for an Irish passport; if his attention has been drawn to delays in the processing of these applications in the Irish embassy in Pretoria; and if he will make a statement on the matter. [11391/04]

The procedures for citizenship and passport applications for residents in South Africa are the same as for applicants elsewhere. Only Irish citizens may be issued with Irish passports. A person who was born abroad, one of whose parents was born in Ireland, is automatically an Irish citizen from birth. A person in South Africa who wishes to become an Irish citizen by descent from a parent who, although not born in Ireland, was an Irish citizen at the time of the person's birth, must first apply to the Irish embassy in Pretoria for Irish citizenship through entry in the foreign births register. Each applicant for foreign births registration is required to produce sufficient documentation including birth and marriage certificates and other relevant records for himself and his parent and grandparent, if relevant, through whom citizenship is claimed to confirm the applicant's entitlement to Irish citizenship. When that entitlement is established, the details are entered in the foreign births entry book in the embassy and a certificate confirming the details of the entry is issued. This certificate must be produced with any subsequent passport application.

In recent years, the volume of consular work handled by the embassy in South Africa, which is also accredited to a number of other countries, including Zimbabwe, on a non-resident basis, has increased very considerably. As a result, there have been delays in the processing by the embassy of applications for foreign birth registration and consequent delays in issuing passports to those people. Last year, this backlog was reduced considerably. The embassy is currently taking about three months to process applications for foreign birth registration when full documentation is presented and is seeking to reduce this period further while facilitating urgent cases. If there are ongoing problems in particular cases concerning residents in South Africa, the ambassador and his staff are always available to assist applicants.

Question No. 300 answered with QuestionNo. 293.

Human Rights Issues.

Eamon Gilmore

Ceist:

301 Mr. Gilmore asked the Minister for Foreign Affairs if his attention has been drawn to reports, including a report from Amnesty International, concerning the murder and sexual assault of and violence against women in the state of Chihuahua and the city of Juárez in Mexico; if he will make representations to the Mexican authorities regarding the reports; and if he will make a statement on the matter. [11567/04]

I am aware of reports from a number of sources, including Amnesty International, of crimes against women in the state of Chihuahua, Mexico. The Amnesty International report, Intolerable Killings: Ten years of abductions and murders of women in Ciudad Juárez and Chihuahua, published on 11 August 2003, focuses on the horrific violence against women in Chihuahua state. According to the report, in the last ten years approximately 370 women have been murdered in Ciudad Juárez and Chihuahua, of which at least 137 were sexually assaulted prior to their death. Some NGOs believe the figures may even be higher. The report expresses concern about the Government's failure to address the murder of the young women, stating that "the authorities, both within the state of Chihuahua and at the federal level, have been unwilling to recognise the extent of the pattern of violence against women and to implement effective policies for dealing with it."

A report of February 2003 by the Inter-American Commission on Human Rights, IACHR, also addressed the right of women in Ciudad Juárez "to be free from violence and discrimination." This followed a visit at the invitation of the Mexican Government by IACHR special rapporteur on the rights of women, Ms Marta Altolaguirre, to Ciudad Juárez and Mexico city. A series of meetings have since been held between the IACHR and the Mexican Government to follow up on the report.

Ciudad Juárez is a city which experiences serious violence and criminality. Its proximity to the border with the United States and the availability of work in its assembly plants attract a highly transient population, complicating the compilation of accurate data. It has become a major centre for drug trafficking and organised crime. Motives have not been established for many of the murders in Ciudad Juárez, although some share common characteristics. The Mexican authorities estimate that approximately one third of the victims were sexually assaulted prior to their deaths, with the remaining having been victims of intra-familial or other violence.

Mexican and international NGOs have expressed concern about the necessity to protect the women of Ciudad Juárez and to investigate the murders, stating that the authorities in Chihuahua and at a federal level have failed to recognise the extent of the pattern of violence against women and to implement effective policies for dealing with it. International observers such as representatives of the United Nations and of the IACHR have visited Chihuahua and expressed serious concerns about the investigations to date.

The question of the respective competencies at federal and the local level has complicated matters. While steps aimed at improving efficiency had been taken by the local authorities, concerned observers had argued for some time that there was a need for the federal authorities to take a greater direct role in the matter. In the past year the federal authorities have become more engaged, having established grounds for federal intervention on the basis that some of the crimes may be federal offences. In June 2003, the interior ministry announced a 40-point plan to improve public security, criminal investigations, social advancement and women's rights in Ciudad Juárez. This approach involves various Government agencies. On 11 August 2003 the Government announced the creation of a joint investigating and prosecuting agency, made up of the office of the attorney general and the Chihuahua state prosecutor's office.

The Secretary General of Amnesty International, Ms Irene Khan, visited Mexico in August 2003 to present the Amnesty report on the Ciudad Juárez killings, and met with the President, Mr. Fox, who made a commitment to ensuring that the federal Government played its full role in endeavouring to put a stop to the murders and abductions. On 17 October 2003, he announced the appointment of Ms Guadalupe Morfin Otero as federal commissioner for the cases in Ciudad Juárez. Her role involves co-ordinating the activities of the inter-agency committee established to facilitate an integrated approach to the full range of the problems which impact negatively on women in the state of Chihuahua. Ms Morfin has a distinguished record as a defender and promoter of human rights.

Ireland and our EU partners hold regular dialogue with Mexico on matters of mutual interest, including human rights. In November 2003, the question of human rights and the specific situation of violence against women in Ciudad Juárez was raised at a meeting in Brussels of the EU-Mexico joint committee. The Mexican representative acknowledged that the rule of law had malfunctioned over a period of time in that frontier area and outlined the measures being adopted by the Mexican federal and state authorities to strengthen the institutions of law and order with a view to putting an end to what he described as this "cancerous phenomenon." In a move welcomed by the Mexican National Human Rights Commission, the federal attorney general decided in January 2004 to appoint a special prosecutor to deal with those Ciudad Juárez killing which have a federal dimension.

When Ireland took over the EU Presidency in January, the Irish ambassador in Mexico City arranged for Ms Morfin Otero to meet with EU heads of mission in order to advance the EU's ongoing dialogue about the grave situation in Ciudad Juárez. EU missions in Mexico city will continue to monitor the situation there and maintain contact with the Mexican authorities concerning the measures taken to address it.

Passport Applications.

Gay Mitchell

Ceist:

302 Mr. G. Mitchell asked the Minister for Foreign Affairs if he will address the concerns of a person (details supplied); and if he will make a statement on the matter. [11749/04]

An application for a three-year passport for the child concerned was received in the passport office on 7 April 2004. Under the customer action plan of the passport office, this passport was due for issue on 21 April 2004. The normal procedure when issuing a passport to a minor is that the checking officer must contact the named witness on the parental consent form which accompanies the application in order to confirm that both parents have consented in writing to the issue of a passport to the child. This is an essential procedure to protect the safety and the travel rights of the child concerned.

In this case no witness contact phone number was given. After searching for the school phone number, which was not entered on the application form, the checking officer was still unable to make contact with the witness due to the school mid-term break which covered the period from 8 April to 16 April inclusive. The checking officer realised that 19 April would be the next available date to contact the witness and that there was a danger that the passport express deadline for issue would be missed. For this reason, the application form was returned immediately to the applicant, requesting that a new parental consent form be completed in the presence of a witness who could be contacted by the passport office. Instead of meeting this request, the parent of the child applicant sent back the original papers. On 19 April the passport office was able to make contact with the witness to confirm the parents' signatures of permission to issue a passport and the passport was issued on 20 April.

The inclusion of school principals or vice-principals on the list of acceptable witnesses to parental signatures on the parental consent form was decided following careful consideration. The passport office regards these people as particularly appropriate for this purpose as they would normally know the parents of the child and thereby help to ensure that only the legal parents or guardians complete the parental consent form. However, in cases where the issue of a passport is required as a matter of urgency, the responsibility lies with the applicant to ensure that the witnesses chosen can be contacted in sufficient time.

The Deputy will be aware that the passport office provides a fine service and makes every effort to facilitate applicants provided, in the case of children, their rights are fully protected. In this case, I believe the passport office acted correctly in seeking confirmation of the witness's consent and I am pleased that, notwithstanding the additional work required as a result of this, the passport was issued within the ten-working-day period for processing Passport Express applications.

Human Rights Issues.

Ciarán Cuffe

Ceist:

303 Mr. Cuffe asked the Minister for Foreign Affairs the steps he has taken to raise with the Chinese Government the serious persecution experienced by followers of Falun Gong in China; and if he has taken any action to raise the cases of Feng Liu and Fang Yang, former students of Dún Laoghaire College of Further Education and Dún Laoghaire Senior College respectively. [12133/04]

As I have stated previously, the Government takes seriously concerns about human rights in China, including those of Falun Dafa members. The issue of the treatment in China of followers of Falun Dafa has been raised both bilaterally and through the formal framework of the EU-China human rights dialogue, which was established in 1996. Through the dialogue, the EU shares with China its experience in the field of human rights protection and promotion and urges China to take clear steps to improve the human rights situation generally and, specifically, with respect to the freedoms of expression, religion and belief, which have a particular impact on individual practitioners of Falun Dafa.

The last session of the EU-China human rights dialogue took place in Dublin on 26-27 February 2004. Ireland, as holder of the Presidency of the EU, discussed with China a wide range of human rights issues of concern, including individual cases of alleged human rights abuses. Among the cases raised were those of the individuals of concern to the Deputy. A response was subsequently received from the Chinese authorities. This stated that one of the individuals had been sentenced to re-education through labour for two years, but had been relatively quickly released on bail so he could seek medical attention. We understand that he is now in hospital receiving treatment. As regards the second individual, we were informed that the authorities had no record of the person being admitted to a labour institute.

It should be noted that the specific cases to which the Deputy refers involve Chinese citizens. They are subject to Chinese law while in their own country and as they are not Irish citizens, we have no consular function in this matter. However, because of our concerns about the human rights situation in China, we were prepared to raise the cases.

Residential Institutions Redress Scheme.

Gerard Murphy

Ceist:

304 Mr. Murphy asked the Minister for Education and Science the name of the tribunal to which a person (details supplied) in County Cork has made a claim. [11469/04]

As the Deputy refers to a claim in his question, I assume he is referring to the Residential Institutions Redress Board, which was established on the 16 December 2002 in order to award financial redress to adults who as children were subjected to abuse while in residential institutions for which the State had a regulatory or inspection function. The redress board is independent of my Department and as such I do not have access to the details of an individual's application. However, an applicant is entitled to contact the board directly or through their legal representative to inquire about his or her application.

Special Educational Needs.

Jack Wall

Ceist:

305 Mr. Wall asked the Minister for Education and Science the position of an application for resource hours for a person (details supplied) in County Kildare; and when a decision will be made on the application. [11124/04]

Jack Wall

Ceist:

306 Mr. Wall asked the Minister for Education and Science when a decision will be made on an application for resource and SNA hours for a person (details supplied) in County Kildare in view of the fact that the application was made prior to September 2003; and if he will make a statement on the matter. [11125/04]

Jack Wall

Ceist:

318 Mr. Wall asked the Minister for Education and Science when a decision will be made on an application for a person (details supplied) for resource hours in view of the concern of their parents in relation to his matter; and if he will make a statement on the matter. [11183/04]

Jack Wall

Ceist:

319 Mr. Wall asked the Minister for Education and Science the position of an application for resource teaching hours for a person (details supplied) in County Kildare; the position of the application for SNA hours; when a decision will be made on the application; and if he will make a statement on the matter. [11184/04]

Jack Wall

Ceist:

323 Mr. Wall asked the Minister for Education and Science when a decision will be made on resource hours and SNA hours in view of the fact the application is with his Department since September 2003; and if he will make a statement on the matter. [11188/04]

Jack Wall

Ceist:

324 Mr. Wall asked the Minister for Education and Science when a decision will be made on resource hours and SNA hours for a person (details supplied) in view of the fact that the application was submitted before September 2003; and if he will make a statement on the matter. [11189/04]

I propose to take Questions Nos. 305, 306, 318, 319, 323 and 324 together.

The school referred to by the Deputy currently has the services of two full-time resource teachers, two full-time learning support teachers — one shared with another school — 16 full-time special needs assistants and four part-time special needs assistants, of which two full-time and two part-time special needs assistants are assigned to individual special needs pupils in mainstream classes. The remainder of the special needs assistants are deployed to cater for special needs pupils attached to special classes at the school.

I can confirm that my Department has received applications for additional special educational resources, SER, from the school on behalf of the pupils in question. SER applications received between 15 February and 31 August 2003, including those made by this school, 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 these cases were responded to at or before 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 nationwide census of SER provision.

My Department is at present reviewing existing arrangements for the allocation of special educational supports to primary schools. In that context, my officials have been involved in on-going discussions on a weighted system of allocation of resource teaching support with representative interests. At this stage, it would be premature to anticipate the outcome for the schools referred to by the Deputy. However, the basic purpose of the new system is to ensure that each school has the level of resources required to cater for its pupils with special educational needs.

This process 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.

Jimmy Deenihan

Ceist:

307 Mr. Deenihan asked the Minister for Education and Science if he will provide a personal assistant on a full-time basis for a person (details supplied) in County Kerry; and if he will make a statement on the matter. [11131/04]

My Department received an application for special educational needs supports for the pupil referred to by the Deputy. The application is being considered at present and a response will issue to the school authorities as quickly as possible.

School Transport.

Seymour Crawford

Ceist:

308 Mr. Crawford asked the Minister for Education and Science with whom the responsibility lies for the well-being of children who are forced to stand on a public footpath or road while waiting on a school bus; and if he will make a statement on the matter. [11132/04]

Responsibility in any particular case will be determined by the circumstances of that case. However, in general, I am advised that where the operation of a school transport service according to timetable involves children being brought to school in the morning before normal time of commencement of school business or children waiting at school in the afternoon after conclusion of school business the board of management may be held liable in the event of an accident to pupils during the period intervening. A board may also be held liable if an accident occurs as a result of the board undertaking supervision of children while they are walking from the vehicle to the school or vice versa.

School Placement.

Paul McGrath

Ceist:

309 Mr. P. McGrath asked the Minister for Education and Science the procedures to be followed by the parent of a child of primary school starting age who lives in Mullingar town and who cannot find a place in any primary school closer than 12 miles from Mullingar town; and if a school place closer to their place of residence can be found. [11133/04]

The compulsory school starting age in a national school is six years of age and rule 64(1) of the rules for national schools provides that a child must be at least four years of age before he or she may be enrolled in a national school. Children of compulsory school-going age must have a place in a national school and overall there are more than enough places available.

Enrolment in individual schools is the responsibility of the managerial authority of those schools and my Department does not seek to intervene in decisions made by schools in such matters. My Department's main responsibility is to ensure that schools in an area can, between them, cater for all pupils seeking places. This may result, however, in some pupils not obtaining a place in the school of their first choice. It is the responsibility of the managerial authorities of schools that are not in a position to admit all pupils seeking entry to implement an enrolment policy in accordance with the Education Act 1998. In this regard a board of management may find it necessary to restrict enrolment to children from a particular area or a particular age group or, occasionally, on the basis of some other criterion.

Where a board of management refuses to enrol a student in a school the parent of the student or, where the student has reached 18 years of age, the student himself, following the conclusion of any appeal procedures at school level, has a statutory entitlement under section 29 of the Education Act 1998 to appeal that decision to the Secretary General of the Department of Education and Science. Under the appeal process, a committee is established to hear the appeal. Oral hearings are conducted with a minimum of formality. In most cases appeals must be dealt within 30 days. Where appropriate, the Secretary General may give whatever directions to the board of management that are considered necessary to remedy the matter complained of.

Paul McGrath

Ceist:

310 Mr. P. McGrath asked the Minister for Education and Science if he will indicate to the parents of a pupil if a place can be found at a second level school in Mullingar or its environs, in view of the fact that each of the second level schools in this area have indicated that they are full. [11134/04]

Responsibility for ensuring that a child progresses from primary to post-primary education rests in the main with the child's parents. Under section 17 of the Education (Welfare) Act 2000, parents are responsible for ensuring that their children attend a recognised school or otherwise receive an appropriate minimum education. The education welfare board is required to assist parents who are experiencing difficulty in ensuring that their children attend school regularly and will also assist schools in fulfilling their role under the Act. Through its educational welfare officers the board provides a welfare-focused service that is accessible to parents, school and others concerned with the welfare of young people.

The selection and enrolment of pupils in second level schools is the responsibility of the management authorities. My Department's main responsibility is to ensure that schools in an area can, between them, cater for all pupils seeking second level places in an area. This may result, however, in some pupils not obtaining a place in the school of their first choice. As schools may not have a place for every applicant, a selection process may be necessary. Section 29 of the Education Act 1998 provides parents with an appeal process where a board of management of a school or a person acting on behalf of the board refuses enrolment of a student. Where an appeal under section 29 is upheld, the Secretary General of my Department may direct a school to enrol a pupil.

Standardisation of School Year.

Denis Naughten

Ceist:

311 Mr. Naughten asked the Minister for Education and Science if all schools now have uniform annual leave; and if he will make a statement on the matter. [11135/04]

In line with the requirements of Sustaining Progress agreement has been reached between the parties to the teachers' conciliation council on the standardisation of the breaks at Christmas, Easter and mid-term in the first and second terms.

The agreement reached covers the arrangements that will apply in all schools from the start of the 2004-05 school year and covers four school years. The parties will review the operation of the arrangements not later than spring of 2007 for the purpose of agreeing the arrangements that will apply subsequently and have agreed that in the event that any unforeseen difficulty arises in relation to the operation of the arrangements now agreed the matter can be raised at the teachers' conciliation council.

The arrangements are agreed without prejudice to closure on specific days within the overall requirement of 167 days at post-primary level and 183 days at primary level dictated by religious observance that is required in school under the patronage of different denominations or faiths. Details of the agreed arrangements are outlined in circular letter 21/04, which is available on my Department's website.

Special Educational Needs.

Seán Crowe

Ceist:

312 Mr. Crowe asked the Minister for Education and Science when he intends to make public and act on the long-awaited new weighted system for assessing and providing for the requirements of children with special needs in primary schools. [11136/04]

Applications for special educational resources, SER, received between 15 February and 31 August 2003 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 these cases were responded to at or before 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, NEPS. 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 nationwide census of SER provision.

My Department is at present reviewing existing arrangements for the allocation of special educational supports to primary schools. In that context, my officials have been involved in ongoing discussions on a weighted system of allocation of resource teaching support with representative interests. At this stage, it would be premature to anticipate the outcome of this process. However, the basic purpose of the new system is to ensure that each school has the level of resources required to cater for its pupils with special educational needs.

This process 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 31 August 2003 will also be considered in the context of the proposed new weighted system of allocation. A further communication will be sent to schools in this regard.

Dan Boyle

Ceist:

313 Mr. Boyle asked the Minister for Education and Science his views on the fact that there is a growing problem in the special needs sector of education, which is reflected in the increase in resource demand on the school transport budget. [11167/04]

I am aware of the increasing level of applications for special educational supports, including an increase in the demand for school transport services for special needs pupils being made to my Department. In view of the rapidly escalating cost of providing the school transport service, which has more than doubled since 1997, my Department is in the process of finalising a review.

Dan Boyle

Ceist:

314 Mr. Boyle asked the Minister for Education and Science his views on the fact that as various people working in the disability sector have highlighted, appropriate resources are not being allocated to special needs education, bearing in mind the huge backlog in the provision of assessments for special needs children in this State; and if he will make a statement on the matter. [11168/04]

Children with serious disabilities that are of low incidence, for example, physical and sensory disabilities, moderate, severe or profound learning disabilities, autism spectrum disorder and specific speech and language disability are normally assessed by the clinical services of the relevant health board before entering school. The issue of any backlog of assessments in that sector is a matter for the health boards. Where such serious disabilities are suspected in a schoolgoing child, the national educational psychological service prioritises these assessments to ensure that there is not a long waiting time. If the child attends a school that is not yet served by NEPS, an assessment may be arranged under the scheme for commissioning psychological assessments. Principals of schools that avail of the scheme prioritise the more serious cases for early assessment.

It is the case that there has been a substantial number of children awaiting assessment where a less serious disability of high incidence is suspected, for example, mild general learning disability or specific learning disability. From September 2004, my Department is introducing a weighted system of resource allocation to schools. This will allow resources to be speedily allocated to children with disabilities on the basis of school-based assessment, pending full psychological or other professional assessment.

Michael Ring

Ceist:

315 Mr. Ring asked the Minister for Education and Science when a person (details supplied) in County Mayo with special needs will be placed in the education system; and the education that has been offered to him to date. [11170/04]

My Department sanctioned resource teaching and special needs assistant support to facilitate the child's attendance at a local school in August 2003. However, it appears that the child concerned was not enrolled in the school. I understand that the option of a placement in a special school in the area has also been offered to the child's family through a local service provider. My Department's inspectorate will contact the family shortly to clarify the position.

School Closures.

Seán Crowe

Ceist:

316 Mr. Crowe asked the Minister for Education and Science if a report on the threatened closure of Greendale community school, Kilbarrack, Dublin 5, will issue. [11171/04]

The management authorities of Greendale community school have written to my Department indicating their intention to close the school. Given the extent of enrolment decline at the school in recent years, the decision was not entirely unexpected.

My Department's main role in a school closure is to ensure that the best interests of pupils are looked after in the period up to the closure and that alternative provision is available to accommodate pupils who would otherwise have attended the school. Given the extent of surplus capacity among other providers in the general area, my Department does not envisage difficulties in this matter.

School Planning.

Seán Crowe

Ceist:

317 Mr. Crowe asked the Minister for Education and Science if he will initiate a comprehensive and holistic study on the future educational needs of the Dublin north-east area. [11172/04]

As I recently announced, over the remainder of this school year, a new school planning model involving published area development plans will be piloted in five areas. Included in the pilot scheme is the north Dublin and south Louth region.

The purpose of this new approach to school planning is to ensure that in future, the provision of school infrastructure will be decided only after a transparent consultation process. In this regard, parents, trustees, sponsors of prospective new schools and all interested parties from a locality will have the opportunity to have their voices heard in the process. Following the consultation process, individual plans will set out the blueprint for school development in an area, covering a period of up to ten years.

Questions Nos. 318 and 319 answered with Question No. 305.

Special Educational Needs.

Jack Wall

Ceist:

320 Mr. Wall asked the Minister for Education and Science when a decision will be made on an application for SNA hours for a person (details supplied) in view of the fact that the person had such hours in their previous school; the reason these hours or the SNA was not transferred to the new school that they are now attending. [11185/04]

Jack Wall

Ceist:

321 Mr. Wall asked the Minister for Education and Science the reason a person (details supplied) in County Kildare, transferred from another school has not had their SNA hours transferred in view of the fact that the person had full hours at their previous school; the reasons the allocated hours and the SNA hours are not transferred; when a decision will be made on the application; and if he will make a statement on the matter. [11186/04]

I propose to take Questions Nos. 320 and 321 together.

The pupils referred to are enrolled in a special class for children with autism at the school in question. The staffing for special classes for children with autism, as outlined in the relevant Department circulars, is one teacher at a pupil teacher ratio of 6:1 together with two full-time special needs assistants. The school in question has four classes for children on the autistic spectrum with a total enrolment of 11 pupils in the four classes. These classes currently enjoy significant staffing resources. There are four teachers, 11 special needs assistants, nine full-time and two part-time deployed to cater for the pupils attached to these special classes.

The pupils in question previously attended a mainstream school with a significantly greater pupil-teacher ratio, hence the need for a greater level of individual resource hours and special needs assistant support in that setting. The question of transferring resources arises only where it is considered that there are insufficient resources in the recipient school to cater for a pupil's special educational needs.

Jack Wall

Ceist:

322 Mr. Wall asked the Minister for Education and Science the reasons a person (details supplied) in County Kildare has not had his resource hours transferred from his previous school to his new school given that his family has moved to a new home approximately 30 miles from the original school; if he will review his application in regard to SNA hours which did not transfer; and if he will make a statement on the matter. [11187/04]

The pupil referred to by the Deputy transferred to the school in question in September 2003. My Department received an application for the transfer of special educational needs, SEN, resources with the pupil. As the Deputy will be aware, my Department's inspectorate reviewed the level of SEN resources in the school as part of a sample survey carried out in a number of schools nationally. The National Educational Psychological Service is carrying out a further review of SEN supports required in the school. When this has been completed, a response will issue to the school in respect of the pupil in question and other special needs pupils.

Questions Nos. 323 and 324 answered with Question No. 305.

Seán Ryan

Ceist:

325 Mr. S. Ryan asked the Minister for Education and Science if he will report on how he proposes to meet the special education requirements of a school (details supplied); if his attention has been drawn to the fact that there are six children on the waiting list for special education at the school; and will he approve an additional class for September 2004 for the children involved as they have been assessed as severely dyslexic. [11190/04]

My Department has received applications for special educational resources, SER, from the school referred to by the Deputy. The school has the services of one full-time resource teacher, one part-time resource teacher and one full-time learning support teacher.

SER applications received between 15 February and 31 August 2003, including those made by this school, are being considered. More than 5,000 such applications were received. Priority has been given to cases involving children starting school last September and all 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 allocated for special educational needs within the school.

The arrangements for processing applications received after the 31 August 2003, including those made by this school, 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. I have made arrangements for my officials to investigate the need for an additional special class at the school.

Standardisation of School Year.

Olwyn Enright

Ceist:

326 Ms Enright asked the Minister for Education and Science if schools have requested a derogation from his Department in respect of the new arrangements to standardise the school year; if his attention has been drawn to the difficulties being experienced by some boarding schools in respect of this standardisation; if he has made a decision regarding requests for derogations; and if he will make a statement on the matter. [11191/04]

The arrangements for the standardisation of breaks at Christmas and Easter and mid-terms were agreed at the Teachers Conciliation Council. The council comprises representatives of the managerial authorities of schools, the teacher unions and the Departments of Education and Science and Finance. The issue of a derogation for certain schools, including boarding schools, was discussed at the council following representations from those schools. There was no agreement at the council to grant such a derogation.

The purpose of the discussions at the council was to implement a specific requirement in the national agreement Sustaining Progress. Sustaining Progress set the achievement of a standard school year as a requirement for all primary and post primary schools. In encompassing all schools in both sectors it was designed to bring certainty and clarity on a countrywide basis to the arrangements for the vacation periods covered by the agreement. The agreed arrangements achieve that purpose and will have general application. Schools continue to have discretion regarding the start and end of the school year which are not covered by the Sustaining Progress requirement.

Schools Building Projects.

Willie Penrose

Ceist:

327 Mr. Penrose asked the Minister for Education and Science the reason an application for Coralstown national school, Mullingar, County Westmeath, for funding under the summer works scheme grant, was refused, in view of the fact that this grant to reslate the existing roof, install new windows and doors and paint the exterior of the school which requires a grant in the sum of €26,000; if his attention has been drawn to the fact that same is urgently required in view of the current state of the roof, in that slates blow off during windy weather; and if he will make a statement on the matter. [11209/04]

The board of management of Coralstown national school, Mullingar, County Westmeath, stated the replacement of roof slates was its priority number one project in its application under the summer works scheme. The application was not approved as works of this nature are deemed to be a maintenance issue and should be dealt with by the school using funds from its annual grant for minor works. Likewise, the replacement of doors and painting of the school are also considered to be maintenance issues. Window replacement was assessed as a category E project in accordance with the published criteria for the summer works scheme. It was only possible to fund priority one projects in categories A, B and C this year. Coralstown national school is included in section 8 of the 2004 school building programme for a replacement school. Projects listed in section 8 will be authorised to proceed to advance architectural planning, that is, pre-tender stage.

School Staffing.

Willie Penrose

Ceist:

328 Mr. Penrose asked the Minister for Education and Science if he will take steps to confirm the appointment of a third mainstream assistant and the full approval of the rental of a prefab and sanction of a teacher for Coralstown national school, Mullingar, County Westmeath as same is urgently required, as on 30 September 2003 there were 85 pupils on the roll, which entitles the said school to this appointment; and if he will make a statement on the matter. [11210/04]

The staffing of a primary school for a school year is determined by reference to the enrolment of the school on 30 September of the previous school year. The staffing schedule governing the appointment and retention of mainstream class teachers is finalised for a particular year following discussions between officials from my Department and the education partners. The staffing schedule for the 2004-05 school year was issued to school authorities recently.

Special Educational Needs.

Paddy McHugh

Ceist:

329 Mr. McHugh asked the Minister for Education and Science if he will review the learning support service provided to five schools in County Galway (details supplied) with a view to increasing the level of service provided and to providing a learning support teacher to serve one of those schools solely. [11232/04]

My Department is reviewing existing arrangements for the allocation of special educational supports to primary schools. In that context, my officials have been involved in ongoing discussions on a weighted system of allocation with representative interests. It would be premature to anticipate the outcome for the schools in question. I can confirm, however that the basic purpose of that review is to ensure each school has the resources required to cater for its pupils with special educational needs.

Third Level Programmes.

Dan Neville

Ceist:

330 Mr. Neville asked the Minister for Education and Science the position with regard to his consideration of proposals to have a medical faculty at the University of Limerick. [11243/04]

I am aware of the proposal by the University of Limerick for the development of a postgraduate medical education programme. As the Deputy will be aware, a working group on undergraduate medical education has been established under the chairmanship of Professor Patrick Fottrell to examine a range of issues in regard to medical education and training. The working group is addressing its task with a view to reporting later this year. In this context, a copy of the University of Limerick proposal has been forwarded to the working group as part of its consideration of the options for moving forward.

Schools Building Projects.

Fergus O'Dowd

Ceist:

331 Mr. O’Dowd asked the Minister for Education and Science the position regarding the acquisition of a site for a new primary school at Mell, Drogheda, County Louth. [11244/04]

The property management section of the OPW, which acts on behalf of my Department in relation to site acquisitions generally, is currently exploring the possibility of acquiring a site to cater for the primary educational needs of children in the Mell area of Drogheda, County Louth.

Special Educational Needs.

John Bruton

Ceist:

332 Mr. J. Bruton asked the Minister for Education and Science if he will confirm that funds will be provided to St. Peter’s school in Dunboyne for the provision of a special needs classroom, together with the funding to provide a special needs teacher for the students who require it; and if he will make a statement on the matter. [11245/04]

My Department allocates additional resources to second level schools and vocational educational committees to cater for students with special educational needs. Applications for such support are made to my Department by the relevant school authority or VEC. Each application is considered on the basis of the assessed needs of the pupils involved and the nature and level of support provided is determined on the advice of the psychological service. An application was received in my Department for extra resources for a number of pupils on 19 March 2004. This application has been referred to the psychological service for investigation and the relevant VEC authorities will be notified of the decision as soon as the report and recommendations of the psychological service have been received and considered. My Department has not received an application by the relevant VEC authorities to provided funds for the provision of a special needs classroom for St. Peter's school, Dunboyne.

Paul Connaughton

Ceist:

333 Mr. Connaughton asked the Minister for Education and Science if he will provide a full-time learning support teacher for a school (details supplied) in County Galway; if his attention has been drawn to the fact that the present clustered arrangement with four other schools is not providing the learning support needed; and if he will make a statement on the matter. [11246/04]

My Department is reviewing existing arrangements for the allocation of special educational supports to primary schools. In that context, my officials have been involved in ongoing discussions on a weighted system of allocation with representative interests. It would be premature to anticipate the outcome for the school in question. I can confirm, however that the basic purpose of the review is to ensure each school has the resources required to cater for its pupils with special educational needs.

Phil Hogan

Ceist:

334 Mr. Hogan asked the Minister for Education and Science if he will provide funding to extend the hours of a resource teacher at Carrigeen national school, Carrigeen, County Kilkenny; and if he will make a statement on the matter. [11247/04]

My Department has received an application for special educational resources, SER from the school referred to by the Deputy. SER applications received between 15 February and 31 August 2003, including those made by this school, are being considered. More than 5,000 such applications were received. Priority has been given to cases involving children starting school last September and all these cases were responded to at or before 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, NEPS. 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 nationwide census of SER provision.

My Department is reviewing existing arrangements for the allocation of special educational supports to primary schools. In that context, my officials have been involved in ongoing discussions on a weighted system of allocation of resource teaching support with representative interests. It would be premature to anticipate the outcome for the school referred to by the Deputy. However, the basic purpose of the new system is to ensure each school has the level of resources required to cater for its pupils with special educational needs.

This process 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 allocated for special educational needs within the school. The arrangements for processing applications received after 31 August 2003 will be also be considered in the context of the proposed new weighted system of allocation. A further communication will be sent to schools in this regard.

Schools Building Projects.

Cecilia Keaveney

Ceist:

335 Cecilia Keaveney asked the Minister for Education and Science the position of a submission that was forwarded to his Department (details supplied) on behalf of a school in County Donegal; and if he will make a statement on the matter. [11248/04]

The position regarding the school to which the Deputy refers is that an application for grant-aid towards improved accommodation has been received from the management authority. When publishing the 2004 school building programme, I outlined that my strategy going forward will be grounded in capital investment based on multiannual 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 multiannual school building programme from 2005, and I expect to make further announcements on this matter during the year. The application from the school referred to will be considered in this context.

Departmental Assistance.

Seán Ardagh

Ceist:

336 Mr. Ardagh asked the Minister for Education and Science the assistance that can be given to a person (details supplied) in Dublin 12. [11284/04]

The issue raised by the Deputy is a matter for my colleague, the Minister for Social and Family Affairs.

Special Educational Needs.

Seamus Kirk

Ceist:

337 Mr. Kirk asked the Minister for Education and Science the criteria applicable for applications for resource teachers at second level schools; and if he will make a statement on the matter. [11286/04]

My Department allocates additional resources to second level schools and vocational educational committees to cater for students with special educational needs. Applications for such support are made to my Department by the relevant school authority or VEC. Each application is considered on the basis of the assessed needs of the pupils involved and the nature and level of support provided is determined on the advice of the psychological service.

Teachers’ Remuneration.

Seamus Kirk

Ceist:

338 Mr. Kirk asked the Minister for Education and Science the pay structure for part-time primary school teachers; if changes in the structure are proposed; and if he will make a statement on the matter. [11287/04]

Replacement teachers for persons absent on certified sick leave, paid maternity leave and other approved absences in primary schools are paid on my Department's payroll on a fortnightly basis. New rates of pay agreed at the Teachers Conciliation Council for those replacement teachers generally referred to as substitutes having regard to the Protection of Employees (Part-Time Work) Act 2001 and were implemented with effect from 2 March 2004. Arrangements are being made to pay arrears due for the period 1 September 2003 to 2 March 2004. Teachers employed in a part-time capacity to provide additional teaching hours in primary schools are paid by the managerial authorities of the schools. New rates of pay are being negotiated and the managerial authorities of primary schools will be notified as soon as the rates are agreed.

School Accommodation.

Joe Higgins

Ceist:

339 Mr. J. Higgins asked the Minister for Education and Science the steps his Department is taking to come to an agreement with Fingal County Council regarding securing an extra classroom for Castleknock Educate Together national school (details supplied) at Beechpark, Dublin 15; and if he will make a statement on the matter. [11294/04]

Joe Higgins

Ceist:

340 Mr. J. Higgins asked the Minister for Education and Science the steps his Department is taking to come to an agreement with Fingal County Council regarding securing a permanent site for Castleknock Educate Together national school at Beechpark, Dublin 15 at which a temporary school building is currently housed; and if he will make a statement on the matter. [11295/04]

I propose to take Questions Nos. 339 and 340 together.

A planning application will be submitted to Fingal County Council shortly for the provision of a new 16 classroom school and autistic unit on a Department owned site at Beechpark, Dublin 15 for Castleknock Educate Together national school. With regard to the provision of a temporary classroom at the school for September 2004, a planning application has been submitted to Fingal County Council and a decision is expected shortly.

Schools Building Projects.

Sean Fleming

Ceist:

341 Mr. Fleming asked the Minister for Education and Science the position regarding the application for improvement works to be carried out at Maryborough national school, Portlaoise; and when these works can take place. [11302/04]

An application for grant-aid for additional accommodation has been received from the management authority of Maryborough national school. The application is being assessed in the school planning section of my Department. As soon as the assessment is complete, contact will be made directly with the management authority of the school in the matter.

School Transport.

John McGuinness

Ceist:

342 Mr. McGuinness asked the Minister for Education and Science his plans to provide another minibus for SOS Kilkenny; and if he will make a statement on the matter. [11315/04]

The issue raised by the Deputy is a matter for my colleague the Minister for Health and Children.

Special Educational Needs.

Pat Carey

Ceist:

343 Mr. Carey asked the Minister for Education and Science when the application by a school (details supplied) for one to one tuition for a student will be decided; and if he will make a statement on the matter. [11317/04]

An application for resource teaching support for the pupil in question was received and examined in my Department. The outcome was that the pupil did not meet the criteria for specific learning disability as outlined in the relevant Department circular. The school was informed of this decision in correspondence dated 29 April 2003.

Seán Crowe

Ceist:

344 Mr. Crowe asked the Minister for Education and Science the reason for the delay in opening the Saplings school for autistic children at Sancta Maria House, Rathfarnham; when it is expected to be opened; and the number of children that will be catered for. [11318/04]

There is no delay in processing the application for the provision of the facility to which the Deputy refers. The process is well advanced but not yet completed. As a result of investigations to date, my Department has concluded that, on a demographic basis, the provision of additional autism-specific provision in the south Dublin area is warranted and I am committed to developing such provision. The Saplings application is being examined in the context of that commitment. In addition, my Department has completed its examination of assessment reports for the individual children proposed for the facility. The results of this examination will be conveyed to the parents by the National Educational Psychological Service within the next few days. In addition, a member of my Department's technical staff has inspected the proposed accommodation at Sancta Maria House and a report is in preparation. My officials will be in further contact with the applicants as soon as this report is received and considered. My objective is to ensure the processing of this application is completed as quickly and as thoroughly as possible, to be able to provide early clarification of the outcome to the applicants.

Bernard J. Durkan

Ceist:

345 Mr. Durkan asked the Minister for Education and Science if a person (details supplied) in County Kildare will be offered a school place at the new unit to open at North Kildare Educate Together school, Celbridge, County Kildare; and if he will make a statement on the matter. [11319/04]

The enrolment of a pupil in a primary school is a matter for the school's board of management. In this regard, the parents of the child referred to by the Deputy may wish to make direct contact with the school. My Department is liaising with the school management with a view to the establishment of a special unit for children with autism at an early date.

Special Educational Needs.

Bernard J. Durkan

Ceist:

346 Mr. Durkan asked the Minister for Education and Science when the new unit at North Kildare Educate Together school, Celbridge, County Kildare, will open; the delay in this regard taking into account the urgent need for the services this unit can provide; when same will become fully staffed, equipped and operational; and if he will make a statement on the matter. [11320/04]

My Department is liaising with the management of the school in question concerning the establishment of a special unit for children with autism at an early date.

Schools of Music.

Barry Andrews

Ceist:

347 Mr. Andrews asked the Minister for Education and Science his views on whether the Educational Endowments (Ireland) Act 1885, which regulates the business of the Royal Irish Academy of Music, requires modernisation or at least consolidation with recent developments. [11368/04]

I understand from the Royal Irish Academy of Music that the academy's operation under the Act does not impinge on its effective day-to-day functioning in the context of modern demands. In this regard, recent developments in the public sector such as employment legislation, partnership, modernisation and flexibility initiatives under Sustaining Progress have all been implemented within the academy.

Educational Welfare Service.

Richard Bruton

Ceist:

348 Mr. R. Bruton asked the Minister for Education and Science the present state of development of the education welfare service, indicating the most recent levels of staffing, activity levels, performance indicators and so on; the plans he has to develop the service further so that it can offer a comprehensive service; and the target goals for the next five years which he has agreed with the service. [11374/04]

I can confirm that an application for resource teaching support for the pupil in question was received and examined in my Department. The outcome was that the pupil did not meet the criteria for specific learning disability as outlined in the relevant Department circular. The school was informed of this decision in correspondence dated 29 April 2003.

Teaching Qualifications.

Pat Carey

Ceist:

349 Mr. Carey asked the Minister for Education and Science the avenues, other than studying for the graduate diploma in education (technology) programme at the University of Limerick are open to a person (details supplied) so that they can qualify to teach metalwork and engineering in a post primary school; and if he will make a statement on the matter. [11378/04]

In addition to an acceptable training-in-teaching qualification, such as the higher diploma in education, a teacher is required to have an acceptable primary degree which will enable him/her to teach one or more subjects from the post-primary curriculum. The person in question does not hold a suitable qualification to degree level in the subject area of engineering. He may wish to explore with the registrar of a third level institution the exemptions, if any, which the studies already undertaken may attract for the purpose of completing a recognised programme of study leading to a degree of bachelor of engineering or equivalent.

Special Educational Needs.

Seán Crowe

Ceist:

350 Mr. Crowe asked the Minister for Education and Science the waiting time in the Galway area for an assessment for children with learning and behavioural difficulties. [11395/04]

If a teacher or parent has concerns about a child's learning and/or behavioural difficulties, the school can arrange an immediate educational assessment, administered by teaching staff. This will result in the drafting of a plan for extra help within the normal classroom setting in the relevant areas of learning and/or behavioural management. The success of the plan should be reviewed on a regular basis, with appropriate parental involvement. Teachers in schools that have access to the National Educational Psychological Service, NEPS, may consult their area psychologist informally about their proposed learning or behavioural management plan. This consultation can usually be organised within a matter of weeks.

In the case of children with marked behavioural difficulties, where the class teacher's plan fails to achieve the desired outcome, then the child should, with parental permission, be referred to the clinical services of the Western Health Board. The length of waiting time for clinical assessment is a matter for the health board and voluntary bodies under its aegis.

In the case of children with learning difficulties, where the class teacher's plan fails to achieve the desired outcome, then the child should be referred to the school's learning support teacher for further diagnostic testing. If this diagnostic assessment indicates that supplementary teaching would be beneficial, then this should be arranged by the school. Learning support teachers in schools that have access to NEPS may consult their area psychologist about diagnostic test results and about their proposed educational plans. This further in-school assessment can take place within a matter of a few weeks, if not days.

School staff and parents should regularly review the progress of each child receiving supplementary teaching. If significant concerns remain after a reasonable period, then it may be necessary for the school to make a formal request for a consultation and assessment of need from a specialist from outside the school. Such specialist advice may be sought from psychologists, paediatricians, speech and language therapists, audiologists etc. With the exception of educational psychologists, these specialists are employed by the Western Health Board or by voluntary bodies under their aegis and, as stated earlier, the length of waiting times is a matter for the health board.

Provision of individual educational psychological assessments is part of the work of the educational psychologists in NEPS. Where the NEPS service is not yet available, the school may commission an assessment from a private practitioner under the scheme for commissioning psychological assessments, funded by my Department.

NEPS psychologists do not keep waiting lists of children requiring assessment in the sense of lists of names that are dealt with in chronological order. Each psychologist is responsible for a number of named schools, and visits each on a regular basis. The school authorities provide names of children who are giving cause for concern and discuss the relative urgency of each case during the psychologist's visits. This allows the psychologists to give early attention to urgent cases and such children will be seen or referred on in a matter of weeks, if not days. Where cases are less urgent, the psychologist will, as already described, act as a consultant to teachers and parents and offer advice about educational and behavioural plans. If the Deputy has particular cases in mind where waiting times for educational psychological assessment have seemed too long, then NEPS management will be glad to discuss these with the relevant schools and/or parents.

School League Tables.

Seán Crowe

Ceist:

351 Mr. Crowe asked the Minister for Education and Science the consultations he has had in regard to changes he is considering proposing to the ban on publishing school league tables. [11397/04]

It is desirable that parents have information about schools that is meaningful, fair and fully rounded. I do not support the form of league table, which has come into being in the absence of a well-constructed alternative. We are all aware that league tables based solely on academic results are a flawed measure of the effectiveness and quality of schools.

It is not enough to say what we are against. We must also discuss what we want. To this end I propose to initiate a debate on the issue. To start and inform the process I have asked the OECD directorate of education to provide me with comparative materials from other countries on this issue. This will provide examples of practice. As well as the comparative analysis, I envisage that appropriate consultations on this issue will take place at a later date.

Special Educational Needs.

Paul Kehoe

Ceist:

352 Mr. Kehoe asked the Minister for Education and Science the status of the application for a special needs assistant for a person (details supplied) in County Wexford; and if the application will be processed before the person starts school in order that arrangements can be made; and if he will make a statement on the matter. [11405/04]

I can confirm that my Department has received an application for special educational resources SER for the pupil referred to by the Deputy. SER applications received between 15 February and 31 August 2003 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 these cases were responded to at or before 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, NEPS. 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 nationwide census of SER provision.

I can confirm that my Department is at present reviewing existing arrangements for the allocation of special educational supports to primary schools. My officials have been involved in on-going discussions on a weighted system of allocation of resource teaching support with representative interests. At this stage, it would be premature to anticipate the outcome for the school referred to by the Deputy. However, the basic purpose of the new system is to ensure that each school has the level of resources required to cater for its pupils with special educational needs.

This process 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, including the one for the pupil in question, will be also be considered in the context of the proposed new weighted system of allocation. A further communication will be sent to schools in this regard.

Richard Bruton

Ceist:

353 Mr. R. Bruton asked the Minister for Education and Science if his attention has been drawn to the difficulty for many children with special needs in gaining access to specialist back-up services which are supplied only through health funded agencies; if his attention has been further drawn to the difficulty of the Beechpark service in meeting the demands on its resources; and if he has proposals to develop a more integrated service for delivering health board based and education based services to children who need them. [11413/04]

I expect that any difficulties arising for children in accessing services such as those described by the Deputy would be brought to the attention of the relevant health board in the first instance. It would be inappropriate for me to comment on how those authorities manage their resources. I am fully committed to continuing the provision of teaching and special needs assistant support for children who have been assessed as having special educational needs. In line with that commitment, part of the remit of the national educational psychological service is to work in close collaboration with the health boards and liaison mechanisms at national, regional and local level.

A key focus of my Department has been on advancing the fundamental structural measures which are necessary to underpin the development and delivery of services for children with special educational needs. To that end, a number of meetings have taken place between senior officials in my Department and their counterparts in the Department of Health and Children in relation to the drafting of the Education for Persons with Disabilities Bill 2003 and the establishment of the National Council for Special Education.

The Bill, when enacted, will provide a clear and enforceable statement in law of the rights of children from birth to 18 years who, because of disabilities, have special educational needs. Provision will be made in the Bill for a statutory structure which will guarantee the educational rights of these children, and also for a formal appeals mechanism. My objective is to secure the passage of this legislation through the Oireachtas as quickly as possible.

The National Council for Special Education is formally established and the recruitment process for the new grade of special education needs organisers, SENOs, is almost complete. Up to 80 SENOs will be engaged ultimately by the council. This will facilitate the provision of a range of services at local and national level in order that the educational needs of children with disabilities are identified and provided for. As part of its remit, the council will liaise with the health boards in relation to the co-ordination and consistency of their respective functions.

Schools Building Projects.

Paul Kehoe

Ceist:

354 Mr. Kehoe asked the Minister for Education and Science when a school (details supplied) will be ready to go to the next stage on the schools building programme; and if he will make a statement on the matter. [11414/04]

The large-scale building project for the school referred to by the Deputy is listed in section 8 of the 2004 school building programme which is published on my Department's website at www.education.ie. This project is at stage 4/5, detail design-bill of quantities, 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.

Indicative timescales have been included for large-scale projects proceeding to tender in 2004. The budget announcement regarding multi-annual capital envelopes will enable me to adopt a multiannual 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 including the school referred to by the Deputy. I will make a further announcement in that regard during the year.

Charlie O'Connor

Ceist:

355 Mr. O’Connor asked the Minister for Education and Science if he will report further on his Department’s contacts with St. Killian’s national schools, Castleview, Dublin 24; if his attention has been drawn to the need for action in respect of the building problems at the schools; and if he will make a statement on the matter. [11416/04]

The proposed large-scale building project for St. Killian's national school is listed in section 8 of the 2004 school building programme which is published on my Department's website at www.education.ie. This proposed project is at stage 4-5, detail design-bill of quantities, of architectural planning. It has been assigned a band 3 rating by my Department in accordance with the published criteria for prioritising large-scale projects.

The stage 4-5 documentation for this project is currently being examined by my Department's staff and following their review the school will be notified of outcome. However, indicative timescales have been included for large-scale projects proceeding to tender in 2004. The budget announcement regarding multiannual 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 in this year's programme including St. Killian's national school. I will make a further announcement in that regard during the year.

In the meantime, the school should, as appropriate, use its devolved grant to deal with any urgent health and safety works.

School Accommodation.

Paul Kehoe

Ceist:

356 Mr. Kehoe asked the Minister for Education and Science when a school (details supplied) will be supplied with a temporary classroom in view of the fact that the school’s contribution was made on 11 September 2003; and if he will make a statement on the matter. [11476/04]

An application has been received from the management authority of the school to which the Deputy refers for grant-aid for the provision of a temporary classroom. Officials in the school planning section of my Department are currently assessing and prioritising applications for temporary accommodation. I intend to shortly publish details of all temporary accommodation projects that will proceed in 2004.

Special Educational Needs.

Willie Penrose

Ceist:

357 Mr. Penrose asked the Minister for Education and Science the reason the provision of a resource teacher has been denied to a person (details supplied) in County Westmeath despite the fact that an application has been approved by his Department; when this person will have the benefit of a resource teacher; and if he will make a statement on the matter. [11477/04]

Paul McGrath

Ceist:

359 Mr. P. McGrath asked the Minister for Education and Science if an application was received from a school in relation to a person (details supplied) in County Westmeath for special needs resources; the date on which this application was received; if it has been acknowledged; and when it is expected that additional resources will be provided to this school to enable it to help this person reach their potential. [11490/04]

I propose to take Questions Nos. 357 and 359 together.

I can confirm that my Department received an application for special educational needs — SEN — supports for the pupil referred to by the Deputies.

SER applications received between 15 February and 31 August 2003, including the one made by this school, 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 these cases were responded to at or before 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, NEPS. 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 nationwide census of SER provision.

I can confirm that my Department is at present reviewing existing arrangements for the allocation of special educational supports to primary schools. In that context, my officials have been involved in on-going discussions on a weighted system of allocation of resource teaching support with representative interests. At this stage, it would be premature to anticipate the outcome for the school referred to by the Deputies. However, the basic purpose of the new system is to ensure that each school has the level of resources required to cater for its pupils with special educational needs.

This process 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.

School Placement.

Michael Noonan

Ceist:

358 Mr. Noonan asked the Minister for Education and Science if his attention has been drawn to the fact that 54 sixth class primary school pupils in Limerick are to date without a secondary school place for September 2004; if his attention has been further drawn to the damage being done to these children and the hurt being experienced by them and their families; if he will take immediate action to resolve the situation; and if he will make a statement on the matter. [11478/04]

I am aware of the difficulties experienced by some families in Limerick city in securing second level places for their children. Responsibility for ensuring that a child progresses from primary to post-primary education rests in the main with the child's parents. Under section 17 of the Education (Welfare) Act 2000, parents are responsible for ensuring that their children attend a recognised school or otherwise receive an appropriate minimum education.

The education welfare board is required to assist parents who are experiencing difficulty in ensuring that their children attend school regularly, and will also assist schools in fulfilling their role under the Act. Through its educational welfare officers, the board provides a welfare-focused service that is accessible to parents, school and others concerned with the welfare of young people.

The selection and enrolment of pupils in second-level schools is the responsibility of the management authorities. My Department's main responsibility is to ensure that schools in an area can, between them, cater for all pupils seeking second level places in an area. This may result, however, in some pupils not obtaining a place in the school of their first choice. As schools may not have a place for every applicant, a selection process may be necessary.

There are 15 post primary schools in the Limerick city area. I am satisfied that there is sufficient capacity overall in these schools to meet the demand arising from pupils leaving primary schools and requiring second level education.

Officials from the regional office of my Department and the National Educational Welfare Board met with schools in the Limerick area concerning enrolment difficulties. Section 29 of the Education Act 1998, provides parents with an appeal process to the Secretary General of my Department, where a board of management of a school or a person acting on behalf of the board refuses enrolment of a student. Where an appeal under section 29 is upheld, the Secretary General of my Department may direct a school to enrol a pupil.

A substantial number of appeals under section 29 of the Education Act 1998 have been lodged with my Department in respect of refusal to enrol in post-primary schools in the Limerick area for the school year 2004-2005. Each appeal will be processed under the procedures for hearing and determining appeals, as published by my Department.

I am sure that the Deputy will understand that I have no role, as Minister, regarding the operation of the section 29 procedures. I cannot intervene in or exert any influence on an appeal which is in progress as this would be to act beyond my legal power and authority. Once these appeals have been completed, my Department will be working with the National Educational Welfare Board and the relevant school authorities to address the underlying enrolment difficulties in second level schools in Limerick.

Question No. 359 answered with QuestionNo. 357.

John Perry

Ceist:

360 Mr. Perry asked the Minister for Education and Science if his attention has been drawn to the difficulties encountered by a person (details supplied) in County Sligo; the avenues open to them to ensure that they are offered a placement; and if he will make a statement on the matter. [11491/04]

Admission to the bachelor of education (home economics) in St. Angela's College is through the Central Applications Office. The Central Applications Office is a company limited by guarantee, which was established in 1976 to accept applications for admission to undergraduate courses in higher education institutions in Ireland. It is an organisation representative of higher education interests and is controlled entirely and jointly by them. I have no function in relation to the operation of the CAO.

Special Educational Needs.

Paul McGrath

Ceist:

361 Mr. P. McGrath asked the Minister for Education and Science the help or resources available from his Department to pre-school children with special needs to prepare them for entry to primary school. [11492/04]

I wish to advise the Deputy that the primary responsibility for service provision for pre-school age children rests with the appropriate health authority. However, my Department has established eight pre-school classes for children with autism, four in Dublin and four in Cork. In addition, my Department may sanction home tuition grants for children with autism who are of pre-school age and for whom a home educational programme is considered appropriate. Similar provision is made for children of school-going age who are awaiting an appropriate educational placement. My Department has also sanctioned a pre-school run by the model school for the deaf project on a pilot basis for five years to June 2007. This service caters for up to six pupils and is based in Cabra, Dublin.

Last July, I published the Education for Persons with Disabilities Bill 2003. This Bill, when enacted, will provide a clear and enforceable statement in law of the rights of children from birth to 18 years who, because of disabilities, including autism, have special educational needs. Provision will be made in the Bill for a statutory structure which will guarantee the educational rights of these children, and also for a formal appeals mechanism. My objective is to secure the passage of this legislation through the Oireachtas as quickly as possible.

Paul McGrath

Ceist:

362 Mr. P. McGrath asked the Minister for Education and Science if his Department makes decisions on the provision of special needs assistants, additional resource teaching and resource materials to children with special needs in primary schools without a child having been assessed or interviewed or examined by personnel from his Department or by persons acting on his Department’s behalf; and the reason such additional help is refused in many cases despite the fact that the professional reports on many children recommend the appointment of a special needs assistant. [11493/04]

Eligibility for additional resources is established by means of psychological, or other professional assessment. My Department's circular letters 7/02 and 8/02 define stringent criteria for identifying each category of disability and quantify the level of resources to be allocated in respect of each. A survey conducted by my Department's inspectorate in 2002 indicated a significant number of anomalies in the applications for extra resources. My Department has therefore decided to review new applications and to check the data in the supporting professional reports to see if they comply with the criteria in the circular letters.

The assessment findings are not in dispute but it has been found in a significant number of cases that recommendations had been made for the allocation of extra resources, although the assessment data did not conform to the specific criteria outlined in circular letters 7/02 and 8/02. It is the responsibility of all professionals who conduct assessments to clarify in their reports to schools the eligibility for additional resources of the children assessed.

From September 2004, my Department is introducing a weighted system of resource allocation to schools. This will allow resources to be speedily allocated to pupils with disabilities on the basis of school based assessment, pending full psychological, or other professional assessment.

School Drug Tests.

Seamus Kirk

Ceist:

363 Mr. Kirk asked the Minister for Education and Science if, in view of the recent ASTI survey which indicated difficulties with students under the influence of drink and drugs, he will consider introducing random drug testing in schools; and if he will make a statement on the matter. [11509/04]

I have no plans to introduce random drug testing in schools. My Department is aware of the many concerns which have been raised about young people's behaviour in relation to the misuse of substances. While education has a role in addressing the problem, effecting change in this area also depends on consistent support from the drinks industry, parents and society as a whole. A responsible attitude to the promotion of alcohol, especially in targeting young people, and ensuring rigorous implementation of the law on legal age limits regarding the sale of alcohol, are an essential part of this approach. Parents also have a responsibility in helping children and young people to adopt sensible and responsible attitudes and behaviours.

In general the community as a whole needs to reflect on the general attitude to the misuse of substances. Schools can play an active role in addressing the problems and consequences of the misuse of substances through the SPHE — social, personal and health education — curriculum which focuses on developing an informed and sensible attitude to substances. Through the SPHE curriculum, students are enabled to develop a framework for responsible and informed decision-making about their health, personal lives and social development. In particular, the substance use module of the SPHE curriculum focuses on the issues relating to the use and misuse of a range of substances. While most young people are aware of the implications and consequences of misusing substances, the SPHE curriculum actively seeks to promote healthy and responsible choices by students in relation to their lives.

All post-primary schools were required to implement the SPHE curriculum as part of the junior cycle core curriculum from September 2003. Ongoing support in the implementation of SPHE continues to be provided to schools through the post-primary SPHE support service, a partnership between the Department of Education and Science, the Department of Health and Children and the health boards.

Supports are also being provided through the SPHE support service to enable schools to develop their substance use policies. Guidelines for developing a school substance use policy were prepared by my Department together with the Department of Health and Children and the health boards and circulated to schools in 2002. The central objective of a school substance use policy is the welfare, care, protection and education of every young person. The school policy can ensure schools have a coherent framework for providing appropriate education and managing issues relating to substance misuse in a planned and considered way.

Special Educational Needs.

Seán Crowe

Ceist:

364 Mr. Crowe asked the Minister for Education and Science when the last survey was conducted on the resources available to special needs schools. [11510/04]

The most recent survey of special needs provision in primary schools was undertaken towards the end of 2003.

Seán Crowe

Ceist:

365 Mr. Crowe asked the Minister for Education and Science if he intends to make funding available for employing special needs assistants in schools. [11511/04]

Special needs assistants may be approved to assist a pupil who has a significant medical need for such assistance, a significant impairment of physical or sensory function or where their behaviour is such that they are a danger to themselves or other pupils. The criteria used for the assessment of the need for special needs assistant support is outlined in circular 07/02. The circular may be accessed in my Department's website under "Children with Special Needs". Any application received will be considered in the context of the criteria set out in the circular and the existing level of special needs assistant provision in the school.

Since October 1998 the number of special needs assistants has grown from approximately 300 to the current number of 4,319 full-time and 1,353 part-time posts at primary level. The budget for the provision of special needs assistants is allocated on a financial year basis. I can confirm the allocation for primary level for the financial years 2002, 2003 and 2004 as follows:

2002: €50.416 million

2003: €103.611 million

2004: €119.897 million

My Department is at present reviewing existing arrangements for the allocation of special educational supports to primary schools. In that context, my officials have been involved in ongoing discussions on the matter with representative interests. At this stage it would be premature to anticipate the outcome. The basic purpose of that review is to ensure that each school has the level of resources required to cater for its pupils with special educational needs.

Further Education.

Seán Crowe

Ceist:

366 Mr. Crowe asked the Minister for Education and Science if he is considering lifting the cap on PLC student numbers for the 2004-05 year. [11512/04]

Tony Gregory

Ceist:

371 Mr. Gregory asked the Minister for Education and Science if a decision has been made on the appeals from VECs, schools and colleges for the purposes of teacher allocations and grants based on the basis of all those enrolled for PLC courses; and if he will make a statement on the matter. [11524/04]

Fergus O'Dowd

Ceist:

385 Mr. O’Dowd asked the Minister for Education and Science if he will review the decision in relation to funding for PLC courses at O’Fiaich College, Dundalk. [11583/04]

I propose to take questions 366, 371, 385 together.

Most colleges offering PLC courses are operated under the management of the vocational education committees and funding 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.

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, including O'Fiach College, Dundalk, for the recognition of the excess numbers enrolled for the purposes of teacher allocations and grants. 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.

Seán Crowe

Ceist:

367 Mr. Crowe asked the Minister for Education and Science if he intends allocating more funding to school transport. [11513/04]

The allocation for school transport has more than doubled since 1997 and this year's allocation is €110.471 million. The cost of providing school transport will be kept under review in the context of next year's estimates.

School Staffing.

Paul McGrath

Ceist:

368 Mr. P. McGrath asked the Minister for Education and Science if a school (details supplied) in County Westmeath, which has sufficient numbers to warrant an additional teacher, will have a teacher approved for September 2004; and if he will make a statement on the matter. [11514/04]

Paul McGrath

Ceist:

369 Mr. P. McGrath asked the Minister for Education and Science if a school (details supplied) in County Westmeath, which will need an additional classroom in September 2004 will have sanction provided by his Department for same; and if he will make a statement on the matter. [11515/04]

I propose to take Question Nos. 368 and 369 together.

The staffing of a primary school for a school year is determined by reference to the enrolment of the school on 30 September of the previous school year. The staffing schedule governing the appointment and retention of mainstream class teachers is finalised for a particular year following discussions between officials from my Department and the education partners. The staffing schedule for the 2004-05 school year was issued to school authorities recently.

According to my Department's records, the school referred to by the Deputy had an enrolment of 83 pupils on 30 September 2003. On the basis of this enrolment, the appointment of an additional permanent teacher in the school is warranted. Formal approval for the rental of temporary accommodation to cater for the additional teacher has been issued to the authorities of the school.

Jimmy Deenihan

Ceist:

370 Mr. Deenihan asked the Minister for Education and Science the status of the accommodation requirements for Gael Scoil Lios Tuathail, County Kerry, for September 2004; and if he will make a statement on the matter. [11523/04]

An application has been received from the school management authority of Gael Scoil Lios Tuathail for temporary accommodation on an alternative site. Officials in the school planning section of my Department are currently in discussion with Gael Scoil Lios Tuathail in relation to their accommodation requirements.

Question No. 371 answered with QuestionNo. 366.

Schools Building Projects.

Pat Breen

Ceist:

372 Mr. P. Breen asked the Minister for Education and Science if attention will be given to the application by Kilmurry national school, Sixmilebridge, County Clare, for a school extension which is needed for the future growth in the near future; and if he will make a statement on the matter. [11525/04]

When publishing the 2004 school building programme I outlined that my strategy going forward 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.

The application from Kilmurray national school, Sixmilebridge, County Clare will be considered in this regard.

Special Educational Needs.

Olwyn Enright

Ceist:

373 Ms Enright asked the Minister for Education and Science the reason resource hours have not yet been arranged for a person (details supplied) in County Offaly in view of the fact that she was assessed over one year ago and granted two and a half resource hours a week; and if he will make a statement on the matter. [11526/04]

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 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 these cases were responded to at or before 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, NEPS. 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 nationwide census of SER provision.

My Department is currently reviewing existing arrangements for the allocation of special educational supports to primary schools. In that context, my officials have been involved in ongoing discussions on a weighted system of allocation of resource teaching support with representative interests. At this stage, it would be premature to anticipate the outcome for the school referred to by the Deputy. However, the basic purpose of the new system is to ensure that each school has the level of resources required to cater for its pupils with special educational needs.

This process 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 31 August 2003, including those made by this school, will also be considered in the context of the proposed new weighted system of allocation. A further communication will be sent to schools in this regard.

Institutes of Technology.

Seán Crowe

Ceist:

374 Mr. Crowe asked the Minister for Education and Science if he intends to reverse the funding cuts applied to institutes of technology. [11527/04]

The 2004 provision for recurrent funding for the technological sector is €410.231 million. This is an increase of 4.5% over the 2003 out-turn. It compares with €192.7 million in 1997, an increase of 113% in seven years.

Pupil-Teacher Ratio.

Seán Crowe

Ceist:

375 Mr. Crowe asked the Minister for Education and Science if he proposes addressing the problem of the very low teacher to pupil ratio in schools. [11528/04]

The pupil-teacher ratio at second level has improved significantly in recent years.

The ratio fell from 16.0:1 in the 1996-97 school year to 13.6:1 in the 2002-03 school year and 13.48:1 for the 2003-04 school year. My Department will continue to seek further reductions in the pupil teacher ratio as resources permit.

Schools Inspectorate.

Seán Crowe

Ceist:

376 Mr. Crowe asked the Minister for Education and Science if he intends addressing the challenge to introduce uniform practice in the function of the school inspectorate. [11529/04]

The professional code of practice on evaluation and reporting for the inspectorate has been developed and published. This code sets out the general principles and guidelines under which members of the inspectorate engage in the process of evaluation and reporting.

When inspectors are recruited, they complete an intensive induction and training programme which includes periods working with experienced inspectors in schools and centres for education. In addition, all inspectors participate in regular training programmes and seminars to ensure they are kept up-to-date with best modern practice in inspection work.

The inspectorate also engages in ongoing development of the inspection tools it uses. The refinement of observation schedules and reporting templates ensures that inspection reflects changing curricula and methodologies in schools. These documents enable inspectors to evaluate the work of schools and teachers to the highest standards. For example, standard inspection frameworks, standard forms for collecting evidence and standardised reporting templates are used during whole-school evaluation in primary and second level schools and in subject inspection in second level schools.

The inspectorate publishes information on the evaluation criteria it uses. Most recently, the inspectorate has published Guide to Subject Inspection at Second Level, which describes the inspection of subject teaching at second level. The themes and frameworks for use in whole-school evaluation — by inspectors conducting external evaluations or school communities engaging in school self-review — have been published under the titles, Looking at Our School-Primary and Looking at Our Schools-Second Level.

I should note that if a teacher or school affected by an inspection report believes the inspectorate has not conducted its work in accordance with its code of practice, the school or teacher may seek a review of the matter. The standardised procedure for such a review has been published as Procedure for Review of Inspections on Schools and Teachers under section 13(9) of the Education Act 1998.

Education Schemes.

Seán Crowe

Ceist:

377 Mr. Crowe asked the Minister for Education and Science if he will expand the early start programme for three and four year olds in disadvantaged areas. [11530/04]

Any decision to expand or extend the Early Start pre-school pilot project is being considered in the context of a broad review of all initiatives to tackle educational disadvantage which is currently under way in my Department, the outcome of which is expected shortly.

School Discipline.

Seán Crowe

Ceist:

378 Mr. Crowe asked the Minister for Education and Science if he intends devising a programme of work which will address the problem of student indiscipline in schools. [11531/04]

My Department has issued guidelines to boards of management to assist them in discharging their obligations in the area of school discipline. These guidelines were drawn up following consultation with representatives of management, teachers and parents, and are sufficiently flexible to allow each school authority to adapt them to suit the needs of the school. These guidelines lay considerable stress on the use of suspensions and expulsions only as a last resort.

Each board of management is responsible for formulating, in consultation with parents, a fair and efficient code of behaviour. This code should ensure that the individuality of each child is accommodated while acknowledging the right of each child to education in a relatively disruption-free environment. The code should also include provision for dealing with serious breaches of discipline and continuously disruptive pupils. Social attitudes and parental approaches to discipline vary from one school community to another, and it would be inappropriate for me as Minister to set out a formal and detailed code of behaviour for all schools.

Pension Provisions.

Seán Crowe

Ceist:

379 Mr. Crowe asked the Minister for Education and Science if he intends to proceed with the proposal to restrict teachers’ pensions. [11532/04]

I take it the Deputy is referring to the question of the minimum age at which pension should become payable to teachers. This issue, including the minimum age at which pension should become payable to public servants generally, has been the subject of a Government decision which was announced in the budget and has been explained to the public service unions. The decision reached, with which I am in full agreement, is that the minimum age at which pension should become payable to the generality of new entrants to the public service from 1 April 2004, including teachers, be set at 65. This decision, together with the decision that the upper age limit for retirement be abolished in the case of new entrants, has been included in the Public Service Superannuation (Miscellaneous Provisions) Bill 2004 which was enacted on 25 March last.

I emphasise that the Act applies to new entrants and that teachers already in service on 31 March 2004 and whose service in public service employment from that date is uninterrupted, or is interrupted by a period not exceeding 26 weeks, may continue to avail of the provisions for retirement which were in place on 31 March 2004.

Special Educational Needs.

Richard Bruton

Ceist:

380 Mr. R. Bruton asked the Minister for Education and Science the evaluation by his Department of a person (details supplied) in Dublin 9 for whom the Mater child development unit has issued a recommendation for resource teaching and special needs assistance; and his views on whether a school (details supplied) in Dublin 9 can provide that level of support for the full six year primary education cycle. [11552/04]

My Department has received an application for special educational resources, SER, for the pupil referred to by the Deputy.

SER applications received between 15 February and 31 August 2003, including the application to which the Deputy refers to, 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, NEPS. 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 nationwide census of SER provision.

My Department is currently reviewing existing arrangements for the allocation of special educational supports to primary schools. In that context, my officials have been involved in ongoing discussions on a weighted system of allocation of resource teaching support with representative interests. At this stage, it would be premature to anticipate the outcome for the school referred to by the Deputy. However, the basic purpose of the new system is to ensure that each school has the level of resources required to cater for its pupils with special educational needs.

This process 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 allocation of special education supports for any pupil with special needs is subject to ongoing review to determine the appropriateness of such provision.

School Transport.

Richard Bruton

Ceist:

381 Mr. R. Bruton asked the Minister for Education and Science the estimated cost of the school transport service in each of the past five years; the estimated number of passengers carried in each of the past five years; the estimated number of total passenger miles in each of the past five years; and his views on the trends. [11553/04]

The cost of school transport for each of the past five years is as follows: 1999, €57.9 million; 2000, €65.0 million; 2001, €77.0 million; 2002, €95.9 million; and 2003, €101.7 million.

The number of pupils carried on services operated by Bus Éireann during the same period is estimated as follows: 1999, 145,000; 2000, 139,000, 2001, 140,000; 2002, 136,000; and 2003, 138,000.

The Deputy will appreciate that the number of pupils carried may vary from month to month. In addition, the figures outlined do not include pupils whose parents-guardian are in receipt of grants to arrange private transport for their children as statistics are not currently available in this regard.

The information requested by the Deputy on the estimated number of passenger miles is being collated by my Department, and will be forwarded to him as soon as possible.

Schools Building Projects.

Brendan Howlin

Ceist:

382 Mr. Howlin asked the Minister for Education and Science when his Department will issue tender authorisation to Bridgetown Vocational College, Bridgetown, County Wexford; and if he will make a statement on the matter. [11562/04]

The large scale building project for Bridgetown Vocational College, Bridgetown, County Wexford is listed in section 8 of the 2004 school building programme which is published on my Department's website at www.education.ie. This project is at stage 4-5 — detail design-bills of quantities — 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.

Indicative time scales have been included for large scale projects proceeding to tender in 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 including Bridgetown Vocational College. I will make a further announcement in that regard during the year.

School Transport.

John McGuinness

Ceist:

383 Mr. McGuinness asked the Minister for Education and Science if school transport or a bus pass will be provided for a person (details supplied) in County Carlow. [11563/04]

My Department has requested a report on the matter from Bus Éireann.

It is not possible to say what the position is until the report has been received and assessed.

Schools Building Projects.

Dan Neville

Ceist:

384 Mr. Neville asked the Minister for Education and Science the position regarding the provision of an extension to Christ the Saviour national school, Ballingarry, County Limerick. [11582/04]

When publishing the 2004 school building programme I outlined that my strategy going forward 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.

The application from Christ the Saviour national school, Ballingarry, County Limerick will be considered in this regard.

Question No. 385 answered with QuestionNo. 366.

Departmental Correspondence.

Gay Mitchell

Ceist:

386 Mr. G. Mitchell asked the Minister for Education and Science if he will review his correspondence and the decision he has made therein based on the points made by persons (details supplied); and if he will make a statement on the matter. [11597/04]

The application referred to by the Deputy has been reviewed by my Department. The position is that my Department considers that satisfactory education facilities exist in the State to meet the person's educational needs. In the circumstances, funding will not be made available by my Department for the person in question to attend school abroad.

Schools Building Projects.

Jim O'Keeffe

Ceist:

387 Mr. J. O’Keeffe asked the Minister for Education and Science if the offer of financial assistance made to the board of management of a school (details supplied) in County Cork has a precedent in his Department in view of the fact that the funding offered is neither adequate for reconstruction to his Department’s standards or to build a new school. [11598/04]

The school referred to by the Deputy was listed in section 4 of the 2003 school building programme which was published on my Department's website at www.education.ie. It was planned that this project would be authorised to proceed to construction during 2003 subject to significant cost savings and a review of the enrolment levels later in the year.

The school enrolment had declined significantly in recent years. Accordingly, the Department's schools' inspector visited the school to ascertain the enrolment intake in September 2003. The enrolment at September 2003 had fallen to 25 pupils.

My Department's school building unit operates a devolved schools initiative which allows boards of management to address its own accommodation and building priorities with a guaranteed amount of funding and minimum involvement from my Department.

Under this initiative the amount of the grant varies depending on the pupil enrolment and the size of the school.

Special Educational Needs.

Finian McGrath

Ceist:

388 Mr. F. McGrath asked the Minister for Education and Science if a person (details supplied) in Dublin 9 will receive a resource teacher and a full-time special needs assistant; and if he will make this a priority case. [11599/04]

My Department has received an application for special educational resources, SER, for the pupil referred to by the Deputy.

SER applications received between 15 February and 31 August 2003, including the application to which the Deputy refers 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, NEPS. 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 nationwide census of SER provision.

My Department is currently reviewing existing arrangements for the allocation of special educational supports to primary schools. In that context, my officials have been involved in ongoing discussions on a weighted system of allocation of resource teaching support with representative interests. At this stage, it would be premature to anticipate the outcome for the school referred to by the Deputy. However, the basic purpose of the new system is to ensure that each school has the level of resources required to cater for its pupils with special educational needs.

This process 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.

School Transport.

Jimmy Deenihan

Ceist:

389 Mr. Deenihan asked the Minister for Education and Science if Bus Éireann will drop off 25 children at a school (details supplied) in County Kerry; and if he will make a statement on the matter. [11604/04]

My Department has asked Bus Éireann to investigate the possibility of re-routing the service to the school referred to in the details supplied.

It is not possible to say what the outcome will be until Bus Éireann reports back on the matter.

Special Educational Needs.

Willie Penrose

Ceist:

390 Mr. Penrose asked the Minister for Education and Science if an application for a special needs assistant for a person (details supplied) in County Westmeath has been received by his Department; the assistance which has been given in this regard; and if he will make a statement on the matter. [11606/04]

The provision of a personal assistant to enable the child in question to attend a Montessori school is a matter for the relevant health board.

School Transport.

Willie Penrose

Ceist:

391 Mr. Penrose asked the Minister for Education and Science the reason there is only one concessionary fare paying ticket available to a family (details supplied) in County Westmeath who have more than one child who wish to avail of the school transport service; if he will take steps to ensure that the said service is available to all of the members of the family who wish to use same; and if he will make a statement on the matter. [11610/04]

My Department is not aware of the case to which the Deputy refers. However, on receipt of the name and address of the school concerned, the matter can then be investigated.

The position generally is that concessionary fare-paying transport may be offered to children who are basically ineligible for transport, subject to there being room available on a service after all fully eligible children have been accommodated, and provided no additional cost is involved. Transport is offered on a first come first served basis.

State Examinations.

Bernard J. Durkan

Ceist:

392 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 re-sit their junior certificate examinations; and if he will make a statement on the matter. [11617/04]

The Deputy will be aware from my reply to Question No. 80 of 1 April 2004 that the guidelines on 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 authorities at Scoil Mhuire and has been informed that the person referred to by the Deputy successfully completed his junior certificate in 2003 and is no longer enrolled there. If he wishes to repeat a year he should first apply for enrolment in one of the schools referred to by the Deputy.

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 their advice and recommendation. The school authority is informed of this decision.

Special Educational Needs.

Paddy McHugh

Ceist:

393 Mr. McHugh asked the Minister for Education and Science if he will review the learning support service provided to four schools (details supplied) in County Galway with a view to increasing the level of service provided; and if he will make a statement on the matter. [11638/04]

My Department is currently reviewing existing arrangements for the allocation of special educational supports to primary schools. In that context, my officials have been involved in ongoing discussions on a weighted system of allocation of resource teaching support with representative interests. At this stage, it would be premature to anticipate the outcome for the schools referred to by the Deputy. However, the basic purpose of the new system is to ensure that each school has the level of resources required to cater for its pupils with special education.

Teaching Qualifications.

Finian McGrath

Ceist:

394 Mr. F. McGrath asked the Minister for Education and Science the reason he did not respond to the students’ union at St. Patrick’s College of Education, Drumcondra, on the Hibernia courses issue; and his views on the de-professionalisation of teaching. [11639/04]

My office cannot trace any record of a letter from the students' union in St. Patrick's College of Education, Drumcondra, in relation to the on-line course provided by Hibernia College.

I do not accept that my decision to recognise the course in question for the purpose of employment as a primary teacher undermines the profession of teaching.

Special Educational Needs.

Breeda Moynihan-Cronin

Ceist:

395 Ms B. Moynihan-Cronin asked the Minister for Education and Science if a special needs assistant will be provided for a person (details supplied) in County Kerry which has been sought since September 2003; and if he will make a statement on the matter. [11640/04]

Pat Carey

Ceist:

404 Mr. Carey asked the Minister for Education and Science if he will examine the application for a classroom assistant at a school (details supplied) in County Kerry; and if he will make a statement on the matter. [11681/04]

I propose to take Questions Nos. 395 and 404 together.

The school referred to by the Deputy currently has the services of one shared learning support post — based — and one shared resource teaching post — based.

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 those made by this school, 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 these cases were responded to at or before 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, NEPS. 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 nationwide census of SER provision.

My Department is reviewing existing arrangements for the allocation of special educational supports to primary schools. In that context, my officials have been involved in ongoing discussions on a weighted system of allocation of resource teaching support with representative interests. At this stage, it would be premature to anticipate the outcome for the school referred to by the Deputy. However, the basic purpose of the new system is to ensure that each school has the level of resources required to cater for its pupils with special educational needs.

This process 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 also be considered in the context of the proposed new weighted system of allocation. A further communication will be sent to schools in this regard.

Departmental Correspondence.

Mary Upton

Ceist:

396 Dr. Upton asked the Minister for Education and Science if his attention has been drawn to a request by the Committee of Public Accounts on 18 March 1992 for a report on the industrial and reformatory school system; the date on which his Department provided the report to the PAC; if he will make this report available; and if he will make a statement on the matter. [11648/04]

My officials have been unable to trace a request from the Committee of Public Accounts for a report on the industrial and reformatory school system on 18 March 1992. The secretariat to the Committee of Public Accounts has confirmed to my Department that it has no record of such a request being made.

Teachers’ Remuneration.

John McGuinness

Ceist:

397 Mr. McGuinness asked the Minister for Education and Science the reasons for the delay in paying a lump sum to special needs assistants which was due in January 2004 under the national agreement; when the amount will be paid; the other payments which are due to that group in 2004; and if he will make a statement on the matter. [11674/04]

The payment of the second phase of the increases recommended by the public service benchmarking body and the 3% increase are dependent, in the case of each organisation and grade, on verification of co-operation with flexibility and ongoing change, satisfactory implementation of the agenda for modernisation, maintenance of stable industrial relations and absence of industrial action in respect of any matters covered by the Sustaining Progress agreement.

A modernisation agenda for the grade of special needs assistants was agreed earlier this year under the auspices of the Labour Relations Commission. An assessment of progress on the modernisation agenda is now being made by the Secretary General of my Department in consultation with the managerial authorities of first and second level schools and, subject to a favourable assessment, payment of the increases due with effect from 1 January 2004 will be executed.

The Deputy will be advised of the payment date as soon as the arrangements are finalised. A further increase of 2% is due with effect from 1 July 2004.

School Placement.

John McGuinness

Ceist:

398 Mr. McGuinness asked the Minister for Education and Science if a school place has been found for a person (details supplied) in County Kilkenny in the Kilkenny VEC area; if an extra teacher will be allocated to the school at Ballyhale, County Kilkenny in order that the person can be accommodated; and if he will make a statement on the matter. [11675/04]

The selection and enrolment of pupils in second level schools is the responsibility of the management authorities. My Department's main responsibility is to ensure that schools in an area can, between them, cater for all pupils seeking second level places in an area. That may result, however, in some pupils not obtaining a place in the school of their first choice. As schools may not have a place for every applicant, a selection process may be necessary.

Section 29 of the Education Act 1998 provides parents with an appeal process to the Secretary General of my Department where a board of management of a school or a person acting on behalf of the board refuses enrolment of a student. Where an appeal under section 29 is upheld, the Secretary General of my Department may direct a school to enrol a pupil.

The education welfare board is required to assist parents who are experiencing difficulty in ensuring that their children attend school regularly and will also assist schools in fulfilling their role under the Act. Through its educational welfare officers, the board provides a welfare-focused service accessible to parents, school and others concerned with the welfare of young people.

I understand that an application to enrol the student referred to by the Deputy has been made to Scoil Aireagail, Ballyhale. However, no decision has been made on that application. I further understand that an educational welfare officer has met the child's family and will be maintaining contact with them.

My Department allocates resource teaching support and special needs assistant support to second level schools and vocational education committees to cater for students with special educational needs. Applications for such support are made to my Department by the relevant school authority or VEC. Each application is considered on the basis of the assessed needs of the pupil or pupils involved, and the nature and level of the support provided is determined on the advice of the psychological service.

To date, my Department has not received an application for additional resources from the school in respect of the student in question.

School Staffing.

Jimmy Deenihan

Ceist:

399 Mr. Deenihan asked the Minister for Education and Science if a resource teacher can be appointed to Kenmare national school or Kenmare community college to accommodate a person (details supplied) in County Kerry; and if he will make a statement on the matter. [11676/04]

My Department has no record of having received an application for special education supports for the pupil referred to by the Deputy from either of the schools in question.

However, arrangements are being made to have my Department's inspectorate investigate the matter further.

Schools Building Projects.

Seán Power

Ceist:

400 Mr. S. Power asked the Minister for Education and Science the position regarding the application by Scoil Bhríde, Nurney, County Kildare, for a new school; and if he will make a statement on the matter. [11677/04]

A large-scale building project for Scoil Bhríde, Nurney, 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. That 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 multiannual capital envelopes will enable me to adopt a multiannual 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.

Special Educational Needs.

Arthur Morgan

Ceist:

401 Mr. Morgan asked the Minister for Education and Science if a resource teacher will be made available to a person (details supplied) in County Kilkenny in view of the fact that the person has been assessed as requiring such a teacher under his Department’s guidelines; when such an appointment will be made; and if he will make a statement on the matter. [11678/04]

I can confirm that an application for resource teaching support was received and processed for the pupil in question. However, the application did not meet the criteria for resource teaching support as outlined in the relevant Department circular. The school was informed of that in correspondence dated 4 February 2003.

School Transport.

Phil Hogan

Ceist:

402 Mr. Hogan asked the Minister for Education and Science if he will extend the school transport service to Piltown national school in respect of children who have recently requested this service from the Fiddown village area; and if he will make a statement on the matter. [11679/04]

A school transport service to a primary school may be established where there are seven or more eligible pupils offering for transport from a distinct locality to their appropriate school.

In order to be eligible for free transport, children must live at least two miles from their nearest school, and be attending that school. Children who live in a closed school area, that is, where the closed school would have been their nearest school had it remained open, may be deemed eligible for transport to the school of amalgamation only.

As the minimum number of eligible children required has not been met in this case, I regret that it is not open to my Department to establish a school transport service.

Schools Building Projects.

Phil Hogan

Ceist:

403 Mr. Hogan asked the Minister for Education and Science when approval will be given for the construction of a school (details supplied) in County Kilkenny; and if he will make a statement on the matter. [11680/04]

I am pleased to advise the Deputy that a site for the school in question has been identified. The matter of the transfer of ownership is currently being addressed.

Regarding the proposed large-scale building project for the school, it is listed in section 8 of the 2004 school building programme, which is published on my Department's website at www.education.ie. The project has been assigned a band 1 rating by my Department in accordance with the published criteria for prioritising large-scale projects.

It is planned to progress the project to advanced architectural planning during 2004, and that process will commence when the site issues have been addressed.

Indicative time scales have been included for large-scale projects proceeding to tender in 2004. The budget announcement regarding multiannual capital envelopes will enable me to adopt a multiannual framework for the school building programme, which in turn will give greater clarity regarding projects that are not progressing in this year's programme including the Holy Spirit primary school. I will make a further announcement in that regard during the year.

Question No. 404 answered with QuestionNo. 395.

School Transport.

Pat Breen

Ceist:

405 Mr. P. Breen asked the Minister for Education and Science if Bus Éireann has completed its report regarding Question No. 300 of 17 February 2004 on a school bus service for a person (details supplied) in County Clare; and if he will make a statement on the matter. [11682/04]

An extension to the bus service to the school concerned has now been sanctioned for the person referred to in the details supplied.

Special Educational Needs.

Breeda Moynihan-Cronin

Ceist:

406 Ms B. Moynihan-Cronin asked the Minister for Education and Science if his review of special needs assistance in schools has been completed; if so, the findings of same; the steps he is taking to increase the availability of special needs assistance; and if he will make a statement on the matter. [11686/04]

Special needs assistants may be approved to assist a pupil who has a significant medical need for such assistance, a significant impairment of physical or sensory function, or where his or her behaviour is a danger to the pupil or other pupils. The criteria used for the assessment of the need for special needs assistant support is outlined in circular 07/02. The circular may be accessed in my Department's website under "Children with Special Needs". Any application received will be considered in the context of the criteria set out in the circular and the existing level of special needs assistant provision in the school.

Applications for special educational resources, or SER, received between 15 February and 31 August 2003 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 those cases were responded to at or before 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, or NEPS. Those 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 nation-wide census of SER provision.

I can confirm that my Department is at present reviewing existing arrangements for the allocation of special educational supports to primary schools. In that context, my officials have been involved in on-going discussions on a weighted system of allocation of resource teaching support with representative interests. At this stage, it would be premature to anticipate the outcome. However, the basic purpose of the new system is to ensure that each school has the level of resources required to cater for its pupils with special educational needs.

This process is a complex and time-consuming operation. However, my Department is endeavouring to have it 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 was issued in September 2003. That circular contains practical advice on how to achieve the most effective deployment of resources already allocated for special educational needs within the school.

Higher Education Grants.

John Perry

Ceist:

407 Mr. Perry asked the Minister for Education and Science the plans he has in place to grant an increase in funding to third level institutes for the provision of library services, tutorials and academic support; the funding that has been granted in 2001, 2002, 2003 and 2004; and if he will make a statement on the matter. [11709/04]

The sum of €630.5 million has been provided in the 2004 Estimates for universities and HEA-designated institutions. I have no plans to provide additional funding to the sector this year.

From 1997 to 2004, there was an increase of almost €300 million in the recurrent provision to the university sector. That represents an increase of approximately 90% over the period. Overall funding, capital and current, for the wider higher education sector will stand at €1.48 billion in 2004. That is up €631 million, or 74%, on 1997 levels.

I am aware that the universities will be challenged in the short term by the constraints on recurrent Exchequer funding placed on them in 2004, having regard to overall cost pressures. I appreciate that individual institutions are required to find economies and to become more streamlined in some of their operations in order to reconcile available budgets with pre-existing demands and commitments. That must be viewed, however, in the context of overall increases in investment in higher education over recent years and the Government's longer-term strategic objective for excellence in the sector.

The funding provided in 2001, 2003 and 2003 for universities and HEA-designated institutions was as follows: 2001, €538.0 million; 2002, €592.3 million; 2003, €628.8 million.

Third Level Fees.

John Perry

Ceist:

408 Mr. Perry asked the Minister for Education and Science the plans he has in place to increase the grant available in view of the fact that college registration fees increased from €670 to €750 over the past two years; and if he will make a statement on the matter. [11710/04]

Pádraic McCormack

Ceist:

410 Mr. McCormack asked the Minister for Education and Science if the registration fees which were increased from €670 to €750 in 2004 will not be further increased in 2005 in view of the fact that there has been an increase of more than 90% over the past two years; if his attention has been drawn to the fact that this is causing undue hardship to students at third level; and if he will make a statement on the matter. [11761/04]

I propose to take Questions Nos. 408 and 410 together.

The student charge is levied by third level institutions to defray the costs of examinations, registration and students services. Those costs continue to be incurred by the third level institutions. On 13 November 2003 I announced, as part of the 2004 Estimates for my Department, that the student charge would increase from €670 to a proposed level of €750. No decision has been made regarding the level of the charge for the 2005-06 academic year.

Students eligible for means-tested student support have the student charge paid on their behalf by the local authorities or the vocational education committees in addition to any grant to which they are entitled. No student whose family income is at or less than €40,000 will pay this charge.

Higher Education Grants.

John Perry

Ceist:

409 Mr. Perry asked the Minister for Education and Science when funding will be released with regard to the recent announcement on the funding for colleges under the programme for research in third level institutes; and if he will make a statement on the matter. [11711/04]

Pádraic McCormack

Ceist:

412 Mr. McCormack asked the Minister for Education and Science when the release of funding recently announced for colleges under the programme for research and third level education will be made to colleges; and if he will make a statement on the matter. [11763/04]

I propose to take Questions Nos. 409 and 412 together.

I take it that the Deputies are referring to my announcement regarding the capital funding for cycle 3 of the programme for research in third level institutions, or PRTLI.

Exchequer funding of €25 million has been provided in the 2004 Estimates for the advancement of cycle 3 of PRTLI. The key administrative procedures for the PRTLI have been devolved to the Higher Education Authority, or HEA.

I understand that the institutions were advised by the HEA of their allocations for 2004 in early March and that the HEA is putting arrangements in place to release that capital funding shortly to those institutions that have provided the necessary information to it.

Question No. 410 answered with QuestionNo. 408.

Third Level Fees.

Pádraic McCormack

Ceist:

411 Mr. McCormack asked the Minister for Education and Science if he has plans for the reintroduction of college fees; and if he will make a statement on the matter. [11762/04]

There are no proposals at present for the abolition of the free fees scheme.

Question No. 412 answered with QuestionNo. 409.

Higher Education Grants.

Pádraic McCormack

Ceist:

413 Mr. McCormack asked the Minister for Education and Science if he will make a statement on his Department’s decision to claw back significant provisions in the postgraduate funding of the back to education allowance. [11764/04]

The issue raised by the Deputy is a matter for my colleague, the Minister for Social and Family Affairs.

Education Schemes.

Pat Breen

Ceist:

414 Mr. P. Breen asked the Minister for Education and Science if he will review his position regarding the capping of PLC courses; and if he will make a statement on the matter. [11783/04]

Brian O'Shea

Ceist:

416 Mr. O’Shea asked the Minister for Education and Science , further to Question No. 73 of April 2004, when a decision will be conveyed to the VEC in question regarding its appeal for recognition of the excess numbers enrolled for the purposes of teacher allocations and grants; and if he will make a statement on the matter. [11786/04]

I propose to take Questions Nos. 414 and 416 together.

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 based on the approved number of places.

In the 2003-04 academic year, the Department approved nearly 28,700 places.

The Department has commenced a review of appeals from VECs, colleges and schools for the recognition of the excess numbers enrolled for the purposes of teacher allocations and grants. The review is continuing at present and is expected to be finalised shortly.

When concluded, a decision in the matter will be taken in the light of the totality of demands for teaching resources across the system. The outcome of the appeals process will be conveyed directly to the VECs and schools concerned.

Higher Education Grants.

Bernard J. Durkan

Ceist:

415 Mr. Durkan asked the Minister for Education and Science if funding will be offered to a person (details supplied) in County Kildare; and if he will make a statement on the matter. [11785/04]

Under the terms of the higher education grant scheme, administered by the local authorities under the aegis of the Department of Education and Science, a student is not eligible for grant assistance in respect of a second period of study at the same level, irrespective of whether a grant was paid previously. The scheme also provides that grants may not be paid to candidates who already hold a postgraduate qualification and are pursuing a second postgraduate qualification.

However, clause 7.7 of the HEG scheme 2003 provides financial assistance to eligible candidates who already hold a postgraduate qualification and who wish to enter a further postgraduate course at a higher level which represents progression from the level at which the first qualification was attained.

Notwithstanding the provision for progression at undergraduate and postgraduate level, the objective of the schemes of student support is to assist as many students as possible in obtaining at least one undergraduate and one postgraduate degree.

Regarding students who hold a master's in law and are pursuing the professional practice course 1 and 2, considering that the master's held in such cases is in the discipline of law, and that the students concerned are continuing to study law full-time, and must complete the PPC 1 and 2 in order to practice as a solicitor, candidates may be considered under the HEG scheme subject to the usual terms and conditions of funding.

Section 21 of the Finance Act 2000 provided for the introduction of tax relief for postgraduate fees paid in publicly funded colleges here and in other EU member states, as well as in private colleges in the state. That tax relief is applied at the standard rate of tax and will be available to full-time and part-time postgraduate students. Further details and conditions regarding that tax relief are available from local tax offices.

Question No. 416 answered with QuestionNo. 414.

Teachers’ Remuneration.

Michael Ring

Ceist:

417 Mr. Ring asked the Minister for Education and Science if funding will be provided to remunerate part-time substitute teachers for supervision in 2001-02; and the reason that those teachers were not paid for their supervision duties. [11820/04]

The payment for supervision and substitution duties undertaken by substitute or part-time teachers in voluntary secondary schools and community and comprehensive schools is made by means of a grant payment to each school.

This grant payment is the balance between the number of hours paid to teachers on the Department payroll and the total allocation due to the school as determined by reference to the number of whole-time equivalent teachers for each school.

Teachers on the Department payroll who opted in 2001-02 school year to perform substitution or supervision under the terms of the scheme were paid in two instalments — in December and August. Where those teachers did not take up the total hours allocated to schools for supervision or substitution, the balance could be offered to substitute teachers who were subsequently paid by the school management from the grant referred to above.

The grants for the 2001-02 school year have been paid to schools. Payments under the agreed scheme for substitution and supervision for the 2001-02 school year have been finalised.

School Staffing.

Michael Ring

Ceist:

418 Mr. Ring asked the Minister for Education and Science if he will provide a copy of the draft circular pertaining to resource teachers. [11821/04]

A circular relating to the proposed weighted system of resource allocation is at an early stage of preparation and is not yet ready for circulation. A copy will be issued to all primary schools as soon as it is finalised. It will also be published in my Department's website under "Children with Special Needs".

School Accommodation.

Olwyn Enright

Ceist:

419 Ms Enright asked the Minister for Education and Science the position regarding a premises bought at a third level institution (details supplied); if there are plans in the near future to use the building; and if he will make a statement on the matter. [11822/04]

In 2001 my Department funded the purchase of the premises referred to by the Deputy. Some minor refurbishment has already been carried out on the building to enable its partial use by the institute.

The Deputy is aware that I announced a pause in all capital developments in the third level sector, including capital projects under cycle 3 of the programme for research in third level institutions, or PRTLI, in November 2002. Funding has been provided in the 2004 Estimates to commence cycle 3 of the PRTLI.

At my request, the Higher Education Authority, or HEA, is undertaking a review of the entire set of demands in the third level sector, excluding PRTLI, to establish prioritisation and agree re-phasing for future years.

Each institution has met the review group, made a presentation of its institutional strategy and set the capital development proposals in a strategic context.

Plans by the institute concerned for the major refurbishment and development of the premises formed part of its submission to the review group.

The work of the group is at a very advanced stage, and it is the intention of the group to have a report submitted to the Higher Education Authority very shortly. The authority will advise me of its views.

Decisions on capital projects at third level institutions, including the refurbishment of the premises in question, will be taken in the context of the outcome of the review and within the parameters of the capital envelope of funding available to me.

Special Educational Needs.

Olwyn Enright

Ceist:

420 Ms Enright asked the Minister for Education and Science the reason extra resource hours have not been sanctioned to a person (details supplied); and if he will make a statement on the matter. [11823/04]

I can confirm that my Department has received applications for special educational resources, or 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 those made by this school, 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 those cases were responded to at or before 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, or NEPS. Those 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 nation-wide census of SER provision.

I can confirm that my Department is at present reviewing existing arrangements for the allocation of special educational supports to primary schools. In that context, my officials have been involved in ongoing discussions on a weighted system of allocation of resource teaching support with representative interests. At this stage, it would be premature to anticipate the outcome for the school referred to by the Deputy. However, the basic purpose of the new system is to ensure that each school has the level of resources required to cater for its pupils with special educational needs.

This process is a complex and time-consuming operation. However, my Department is endeavouring to have it 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 was issued in September 2003. That circular contains practical advice on how to achieve the most effective deployment of resources already allocated for special educational needs in the school.

Student Numbers.

Olwyn Enright

Ceist:

421 Ms Enright asked the Minister for Education and Science if he will meet the Dún Laoghaire Branch of TUI to discuss the capping of student numbers in the further education sector and the delay in implementing the recommendations of the McIver report; and if he will make a statement on the matter. [11824/04]

I have no plans to meet individual branches of the TUI on these issues. The matters have been discussed between officials of my Department and representatives of the TUI at national level.

In the current academic year the enrolments on PLC courses in certain schools and colleges have exceeded the number of places approved. 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. My Department is currently considering appeals from the VECs, schools and colleges for 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.

The post-leaving certificate review was commissioned to examine the sector and make recommendations as necessary regarding the organisational, support, development, technical and administrative structures and resources required in schools with largescale post-leaving certificate provision. The final report was completed in April, 2003.

The recommendations of the report are wide-ranging and encompass proposals that extend beyond PLC provision. The report poses considerable challenges in relation to the shaping of structures for the delivery of further and adult education into the future.

The McIver report included a recommendation that organisations involved in the further education sector should form a council of further education colleges with the specific composition of that body to be discussed further. As an initial step, the Minister of State, Deputy Síle de Valera will address a meeting of the stakeholders in the PLC sector, including a nominee of the TUI, on Tuesday 4 May with a view to having them agree proposals for submission to the Department about the composition and remit of the council.

Having regard to the number and scope of the recommendations in the report, further consultations with all the relevant interests with regard to prioritisation of the recommendations will be necessary during 2004.

School Staffing.

Olwyn Enright

Ceist:

422 Ms Enright asked the Minister for Education and Science when extra resource hours will be allocated to a person (details supplied) in County Offaly; and if he will make a statement on the matter. [11825/04]

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, 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 these cases were responded to at or before 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, NEPS. 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 nationwide census of SER provision.

My Department is reviewing existing arrangements for the allocation of special educational supports to primary schools. In that context, my officials have been involved in on-going discussions on a weighted system of allocation of resource teaching support with representative interests. At this stage, it would be premature to anticipate the outcome for the school referred to by the Deputy. However, the basic purpose of the new system is to ensure that each school has the level of resources required to cater for its pupils with special educational needs.

This process 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 31 August 2003, including those made by this school, will be also be considered in the context of the proposed new weighted system of allocation. A further communication will be sent to schools in this regard.

School Transport.

Olwyn Enright

Ceist:

423 Ms Enright asked the Minister for Education and Science the reason members of a family (details supplied) in County Laois have been refused free school transport to Camross National School, Camross, Mountrath, County Laois despite the fact that school transport is unavailable to the school in the catchment area where the Department state they are entitled to school transport; if his attention has been drawn to the fact that the difference in distance is one mile; and if he will make a statement on the matter. [11826/04]

Under the terms of the primary school transport scheme, only eligible children qualify for free transport. To be eligible, children must live at least two miles from, and be attending their nearest national school.

The family referred to by the Deputy in the details supplied reside 2.7 miles from their nearest national school and 2.9 miles from Camross national school, and is therefore not basically eligible for free transport.

As there is no school transport service available to their nearest school the family members have been offered concessionary fare paying transport on a service to Camross national school which passes their home.

Schools Building Projects.

Olwyn Enright

Ceist:

424 Ms Enright asked the Minister for Education and Science the position regarding Scoil Bhríde national school, Nurney, County Kildare; if he will confirm the time scale in which the new extension will be constructed; if his attention has been drawn to the fact that through local effort and fundraising a site has been purchased; and if he will make a statement on the matter. [11827/04]

A large scale building project for Scoil Bhríde, Nurney, 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.

Educational Projects.

Olwyn Enright

Ceist:

425 Ms Enright asked the Minister for Education and Science if he has plans to assist in providing a new engineering school at NUI, Galway; if his attention has been drawn to the increased number of students opting to take engineering at NUI Galway in recent years and of the significance of this to the BMW region; and if he will make a statement on the matter. [11828/04]

I acknowledge the importance of the NUIG engineering faculty for economic growth nationally but more particularly for the BMW region.

However, the Deputy is aware that I announced a pause with regard to all capital developments in the third level sector including capital projects under cycle 3 of the programme for research in third level institutions, PRTLI, in November 2002. Funding has been provided in the 2004 Estimates to commence cycle 3 of the PRTLI.

At my request the Higher Education Authority is undertaking a review of the entire set of demands in the third level sector — excluding PRTLI — to establish prioritisation and agree re-phasing for future years.

Each institution has met the review group and made a presentation of its institutional strategy and set the capital development proposals in a strategic context. Plans by NUI Galway for the proposed new engineering school formed part of its submission to the review group.

The work of the group is at a very advanced stage and it is the intention to have a report submitted to the HEA shortly. The authority will then advise me of its views.

Decisions as regards capital projects at third level institutions, including the proposed new engineering school at NUI Galway, will be taken in the context of the outcome of the review and within the parameters of the capital envelope of funds available to me.

Decentralisation Programme.

Paul McGrath

Ceist:

426 Mr. P. McGrath asked the Minister for Education and Science if a survey of staff at present based in his Department’s headquarters has been undertaken to establish the willingness of those personnel to be relocated to Mullingar under the Government’s decentralisation programme; if he will give details of this survey; and if he will report on progress made on the relocation of this office. [11851/04]

A staff survey on decentralisation was undertaken earlier this year and I will arrange to forward details to the Deputy.

It is intended to put in place an integrated central applications facility to allow staff to apply for transfer to decentralised locations and to rank their preferences for different locations. This facility will be operated by the Civil Service Commission. Issues relating to accommodation will be dealt with centrally by the Office of Public Works.

The report of the decentralisation implementation group, dated 31 March 2004, provides more detailed information on how the overall programme will proceed. This report is available on the Department of Finance website at www.finance.gov.ie.

Vocational Training Opportunities Scheme.

Pat Carey

Ceist:

427 Mr. Carey asked the Minister for Education and Science if, in view of the circumstances of the case of a person (details supplied) in Dublin 11, he will allow payment of the VTOS allowance to this person; and if he will make a statement on the matter. [11864/04]

The terms of the vocational training opportunities scheme do not allow for the payment of a training allowance to the student in question. I have written to the Deputy about the matter.

School Curriculum.

Richard Bruton

Ceist:

428 Mr. R. Bruton asked the Minister for Education and Science if he has met secondary schools, who operate a seven day boarding with a six day teaching week, who have concerns about the impact of a standardised school year on the needs of their parents; and if he will make arrangements to grant a derogation in this situation. [11865/04]

The arrangements for the standardisation of breaks at Christmas and Easter and mid-terms were agreed at the teachers' conciliation council. The council comprises representatives of the managerial authorities of schools, the teacher unions and the Departments of Education and Science and Finance. The issue of a derogation for boarding schools which operate a six day teaching week was discussed at the council following representations from those schools. There was no agreement at the council to grant such a derogation.

The purpose of the discussions at the council was to implement a specific requirement in the national agreement Sustaining Progress. Sustaining Progress set the achievement of a standard school year as a requirement for all primary and post-primary schools. In encompassing all schools in both sectors it was designed to bring certainty and clarity on a country wide basis to the arrangements for the vacation periods covered by the agreement. The agreed arrangements achieve that purpose and will have general application. Schools continue to have discretion in relation to the start and end of the school year which are not covered by the Sustaining Progress requirement.

Youth Services.

Gay Mitchell

Ceist:

429 Mr. G. Mitchell asked the Minister for Education and Science if he will set out the process under which a youth club in need of support can apply under the young people’s facilities funds, or through any other procedure, to have a youth leader funded (details supplied). [11866/04]

The young people's facilities and services fund, YPFSF, is, with the exception of one element, administered by the Department of Community, Rural and Gaeltacht Affairs. The only element of the YPFSF administered by my Department is that which relates to YPFSF projects which have already been mainstreamed, that is, are in receipt of regular funding having been assessed by the national assessment committee of the YPFSF. Information on all other elements of the YPFSF may be obtained by contacting the secretary of the YPFSF at the Department of Community, Rural and Gaeltacht Affairs directly at (01) 6473000.

The local drugs task force scheme, LDTF, fund is managed by my Department. This provides grant-in-aid support for mainstreamed projects which have been assessed by a committee of the national drugs strategy team, NDST. The Department of Community, Rural and Gaeltacht Affairs is the lead Department in the NDST and therefore applications for support are made through that Department.

The special projects for youth scheme is administered by the youth affairs section of my Department. Under this scheme, grants are allocated to organisations and groups for specific out-of-school projects that address the needs of young people who are disadvantaged due to a combination of factors, including social exclusion, substance abuse and inadequate take-up of ordinary educational opportunities. I will arrange to forward full details of the special projects for youth scheme to the Deputy.

The City of Dublin youth services board, CDYSB, operating under the City of Dublin VEC, is part funded by my Department. CDYSB may provide funding but, in the main, it is only for projects that have been approved under one of the schemes mentioned.

Area Development Management Ltd., ADM, also provides grants from the Dormant Accounts Subvention Fund. Further information may be obtained by contacting the organisation directly by telephone at (01) 2400700 or at the following address: Area Development Management Ltd., Holbrook House, Holles Street, Dublin 2.

Special Educational Needs.

David Stanton

Ceist:

430 Mr. Stanton asked the Minister for Education and Science if he has received an application for a resource teaching assistant for a person (details supplied); the date on which the application was received; if and when he will make such teaching support available; and if he will make a statement on the matter. [11867/04]

David Stanton

Ceist:

431 Mr. Stanton asked the Minister for Education and Science if he has received a request for resource teaching assistance for a person (details supplied); the date when the application was received in his office; if and when he will make such resource teacher support available; and if he will make a statement on the matter. [11868/04]

I propose to take Questions Nos. 430 and 431 together.

My Department has received applications for special educational resources, SER, from the school referred to by the Deputy including two applications for the pupils in question.

SER applications received between 15 February and 31 August 2003, including those made by this school, 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.

My Department is reviewing existing arrangements for the allocation of special educational supports to primary schools. In that context, my officials have initiated discussions on the matter with representative interests. At this stage, it would be premature to anticipate the outcome. However the basic purpose of that review is to ensure that each school has the level of resources required to cater for its pupils with special educational needs. A further communication will be sent to schools shortly.

Graduate Numbers.

David Stanton

Ceist:

432 Mr. Stanton asked the Minister for Education and Science the number of bachelor of technology (education) materials and construction technology and bachelor of technology (education) materials and engineering technology teachers that have graduated from the University of Limerick in 1999, 2000, 2001, 2002 and 2003; the number expected to graduate in 2004; the number of these that have taken up positions as teachers in each year respectively in the State; the number that have permanent positions respectively; his plans to increase the number of these teachers in training; and if he will make a statement on the matter. [11878/04]

For the Deputy's information, following is a table showing the numbers that have graduated from the two bachelor of technology courses in the University of Limerick from 1999 to 2002 and estimated numbers for 2003 and 2004 based on enrolments in the final year of study. Details of the numbers that have taken up teaching positions is also included.

A detailed study of supply and demand issues in the second level sector, which has been carried out by the Higher Education Authority in conjunction with my Department, has identified a range of subject areas where supply and demand issues arise. The outcome of this study is currently being considered by my Department with a view to determining the measures which need to be put in place to address these issues.

No. Graduating

No. Respondents

Response Rate

Teaching Postitions in the State

Permanent Teaching Postitions

%

N

%

N

%

B. Tech (Education) Materials & Construction Technology

1999

25

25

100

15

60

2

8

2000

41

38

92

27

71

6

16

2001

24

24

100

19

79

9

38

2002

35

32

91

24

75

8

25

(est) 2003

34

(est) 2004

29

B. Tech (Education) Materials & Engineering Technology

1999

25

25

100

18

72

1

4

2000

20

20

100

13

65

2

10

2001

33

33

100

24

73

5

15

2002

31

29

94

21

72

7

24

(est) 2003

28

(est) 2004

26

Notes:

Estimates based on enrolments in final year of study.

Information not yet available. Graduates of 2003 are currently being surveyed for FDR 2003.

School Accommodation.

David Stanton

Ceist:

433 Mr. Stanton asked the Minister for Education and Science the number of primary schools in the State; the number of these primary schools which are wheelchair accessible; the actions he is taking to ensure that all primary schools in the State are wheelchair accessible; the procedures to be followed if a person who is a wheelchair user wishes to attend a primary school which is not wheelchair accessible; and if he will make a statement on the matter. [11879/04]

There are currently 3,292 recognised primary schools in the State. My Department does not have exact figures as to how many of these schools are wheelchair accessible since many school authorities use their annual minor works grants to provide access for all to their schools.

It is the policy of my Department to provide all new schools with access for all facilities and special toilets for disabled teachers and students. In addition, new schools with two or more storeys are provided with lifts. My Department advises school authorities and their design teams of accessibility requirements during the architectural planning process of projects.

Concerning access for all to existing school buildings my Department will respond as promptly as possible to a request from a school authority for funding for adaptations necessary to allow any person with mobility problems access the building.

Redress Matters.

Finian McGrath

Ceist:

434 Mr. F. McGrath asked the Minister for Education and Science if the maximum support will be given to a person (details supplied); and if he will make a statement on the matter. [11880/04]

While I am concerned for the health and wellbeing of the person referred to by the Deputy it is important to stress that the residential institutions redress board and the residential institutions review committee are independent in the performance of their functions in accordance with the terms of the Residential Institutions Redress Act 2002. My Department is not a party to the redress process and it is not open to me to make any comment on any individual awards that the redress board makes or to attempt to intervene with the process.

Officials from my Department have met the person in question and have outlined my Department's position on the matter.

In the event that any individual is not satisfied with an offer made by the redress board or the review committee, he or she is still entitled to proceed with his or her case through the courts.

International Education Matters.

Denis Naughten

Ceist:

435 Mr. Naughten asked the Minister for Education and Science further to Parliamentary Question No. 88 of 5 February 2004 if the working group has yet reported to him; and if he will make a statement on the matter. [11956/04]

The interdepartmental working group established to consider the internationalisation of education services is in the process of drafting its report and recommendations based on submissions received and discussions held. I propose to bring it to Government when it is finalised.

Special Educational Needs.

Seán Haughey

Ceist:

436 Mr. Haughey asked the Minister for Education and Science if he will appoint more resource teachers and special needs assistants; the reason there is a delay in processing applications for these posts; and if he will make a statement on the matter. [11984/04]

SER applications received between 15 February and 31 August 2003 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 these cases were responded to at or before 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, NEPS. 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 nationwide census of SER provision.

My Department is at present reviewing existing arrangements for the allocation of special educational supports to primary schools. In that context, my officials have been involved in on-going discussions on a weighted system of allocation of resource teaching support with representative interests. At this stage, it would be premature to anticipate the outcome of these discussions. However, the basic purpose of the new system is to ensure that each school has the level of resources required to cater for its pupils with special educational needs.

This process 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 also be considered in the context of the proposed new weighted system of allocation. A further communication will be sent to schools in this regard.

Seán Haughey

Ceist:

437 Mr. Haughey asked the Minister for Education and Science if he has received an application for a special needs teacher from a school in order to assist a person (details supplied) in Dublin 5; when this application will be dealt with; and if he will make a statement on the matter. [11985/04]

My Department has no record of having received an application for special education resources, SER, for the pupil referred to by the Deputy.

Any application received will be considered in the context of the criteria set out in the relevant Department circulars and the existing level of SER provision in the school.

Dan Neville

Ceist:

438 Mr. Neville asked the Minister for Education and Science the position regarding the evaluation of special educational resource applications received between 15 February and 21 August 2003; if decisions have been made with regard to these applications; and the position with regard to completion of the evaluation. [11986/04]

SER applications received between 15 February and 31 August 2003 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 these cases were responded to at or before 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, NEPS. 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 nationwide census of SER provision.

My Department is at present reviewing existing arrangements for the allocation of special educational supports to primary schools. In that context, my officials have been involved in on-going discussions on a weighted system of allocation of resource teaching support with representative interests. At this stage, it would be premature to anticipate the outcome. However, the basic purpose of the new system is to ensure that each school has the level of resources required to cater for its pupils with special educational needs.

This process 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 also be considered in the context of the proposed new weighted system of allocation. A further communication will be sent to schools in this regard.

Dan Neville

Ceist:

439 Mr. Neville asked the Minister for Education and Science the procedure for recruiting special needs assistants. [11987/04]

The procedures for the recruitment of special needs assistants in primary schools are outlined in circular SNA 3/03. The title of the circular is "Appointment Procedures for Special Needs Assistants".

The circular is on my Department's website, www.education.ie. It may be accessed by entering the website then entering “Education Personnel” and “Special Needs Assistants”.

I will arrange for a copy of the circular to be forwarded to the Deputy.

School Services Staff.

Fergus O'Dowd

Ceist:

440 Mr. O’Dowd asked the Minister for Education and Science the number of administrative VEC staff not including school clerical staff who were based in Drogheda in the former Drogheda VEC offices compared to the number who are presently working in Drogheda and employed by the County Louth VEC. [11990/04]

Staff in the vocational education sector are allocated to VECs on a scheme basis. It is a matter for each vocational education committee to deploy its staff in the best manner possible to meet the needs of its scheme.

The deployment of administrative VEC staff to Drogheda is a matter for County Louth VEC. My Department has been informed by County Louth VEC that there were four administrative staff in the former town of Drogheda VEC offices. Currently there are two full-time staff allocated to the Drogheda office by the VEC with additional support supplied as required.

School Completion Programme.

Joe Costello

Ceist:

441 Mr. Costello asked the Minister for Education and Science the reason funding for the stay in school” retention initiative, SSRI, which operated successfully in St. Vincent’s CBS, Glasnevin, is being terminated; the reason the school has not been invited to participate in the school completion programme; the way in which he proposes to help the school to deal with the learning and behavioural problems which will be accentuated by the loss of the SSRI; and if he will make a statement on the matter. [12035/04]

The options for the future of the school completion programme, including the stay in school retention strand, are being considered in the context of a broad review of all initiatives to tackle educational disadvantage which is currently under way in my Department, the outcome of which is expected shortly.

Psychological Service.

Paul Kehoe

Ceist:

442 Mr. Kehoe asked the Minister for Education and Science the reason the national educational psychological service was withdrawn from a school (details supplied) in County Wexford; when the full service will be resumed; and if he will make a statement on the matter. [12070/04]

The national educational psychological service, NEPS, assigns each psychologist to a number of schools, taking into account the time available for the psychologist to visit schools. In the case of the school mentioned by the Deputy, the assigned NEPS psychologist was promoted some time ago. It was therefore necessary to withdraw his services from a number of schools, including this particular school, in order to allow time for him to fulfil his managerial responsibilities. Unfortunately, no additional psychologists have been recruited to County Wexford since this withdrawal of service, so it has not yet been possible for NEPS to arrange for a replacement.

NEPS regrets this situation, and will resume a full psychological service to the school as soon as additional personnel are available. During the interim period, the school may avail of the scheme for commissioning psychological assessments.

School Accommodation.

Jan O'Sullivan

Ceist:

443 Ms O’Sullivan asked the Minister for Education and Science if regulations under the Education Act 1998 to govern admission policies of schools have been drawn up; and if he will make a statement on the matter. [12071/04]

Regulations are currently being drafted by my Department in conjunction with the Office of the Attorney General to govern admission policies of schools. These regulations will deal with the criteria that may be used by schools. They will also provide for transparency and redress in appropriate situations.

Schools Building Projects.

Jan O'Sullivan

Ceist:

444 Ms O’Sullivan asked the Minister for Education and Science if his Department officials will immediately apply for planning permission to build a new school for Eureka secondary school on the designated site on Cavan Road, Kells, County Meath; and if he will make a statement on the matter. [12072/04]

When publishing the 2004 school building programme, I outlined that my strategy going forward will be grounded in capital investment based on multi-annual allocations. My officials are reviewing all projects that 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. I expect to be in a position to make further announcements in the course of the year to update schools in the context of the multi-annual programme of works including public-private partnerships.

The application for a new post-primary school for Eureka, Kells, will be considered in this regard.

School Staffing.

Jan O'Sullivan

Ceist:

445 Ms O’Sullivan asked the Minister for Education and Science if he has completed his review of the report on teacher supply and staffing in disadvantaged settings submitted to him by the statutory educational disadvantage committee in March 2003; the actions he proposes following his review of the report; and if he will make a statement on the matter. [12073/04]

The educational disadvantage committee is an independent statutory body which was established in March, 2002 under the Education Act 1998. The committee, which is chaired by Professor Áine Hyland, vice-president and professor of education, University College Cork, is responsible for advising me on policies and strategies to be adopted to identify and correct educational disadvantage.

The committee has produced a report entitled "Teacher Supply and Staffing in Disadvantaged Settings" which includes a number of recommendations. The report is available on my Department's website. Its recommendations are under consideration in the context of a broader review of all initiatives to tackle educational disadvantage, which is currently underway in my Department.

Education Programmes.

Jan O'Sullivan

Ceist:

446 Ms O’Sullivan asked the Minister for Education and Science the number of schools participating in the Breaking the Cycle programme; and if he will make a statement on the matter. [12074/04]

There are a total of 32 designated disadvantaged schools included in the urban dimension and 120 small rural schools in the rural dimension. The 32 schools in the urban dimension are benefiting from a targeted programme of teacher and funding supports which includes extra staffing to allow for a maximum class size of 15:1 in all junior classes. The maximum class size in senior classes is 27:1. The 120 small rural schools have shared teacher/co-ordinator and funding supports available.

The Breaking the Cycle programme is currently being considered in the context of a broad review of all initiatives aimed at tackling educational disadvantage, the outcome of which is expected shortly.

Jan O'Sullivan

Ceist:

447 Ms O’Sullivan asked the Minister for Education and Science the number of schools participating in the early start project; and if he will make a statement on the matter. [12075/04]

The early start pre-school pilot project is in place in 40 selected schools in designated areas of disadvantage. There are 16 full and 24 half units catering for approximately 100 children aged between three and four years who are considered to be most at risk of not reaching their educational potential. Early start units have been established in 40 schools and all these schools are benefiting from additional resources to cater for the pre-school children attending.

Early start is currently being considered in the context of a broad review of all initiatives aimed at tackling educational disadvantage, the outcome of which is due shortly.

Special Educational Needs.

Seán Crowe

Ceist:

448 Mr. Crowe asked the Minister for Education and Science if a special needs assistant can be made available to a person (details supplied) in Dublin 7. [12080/04]

My Department sanctioned 12.5 hours special needs assistant support on 13 June 2002, to cater for the special educational needs of the pupil referred to by the Deputy. My understanding is that the school did not put this resource in place as it was unable to source a person for the post. My officials are currently liaising with the school authorities regarding the matter.

My Department has since received an application from the school to increase the level of special needs assistant support for the pupil in question. The application will be considered and a response will issue to the school as quickly as possible.

School Accommodation.

Olivia Mitchell

Ceist:

449 Ms O. Mitchell asked the Minister for Education and Science the status of the application for a capital grant for additional classrooms for St. Columba’s College, Whitechuch, Dublin 15, which was submitted in January 2002. [12082/04]

An application for capital grant aid for additional accommodation has been received from the management authorities of St. Columba's College, Whitechurch, Dublin 16. The application is being assessed in the school planning section of my Department. As soon as the assessment is completed, contact will be made directly with the management authority in the matter.

Departmental Reports.

Olivia Mitchell

Ceist:

450 Ms O. Mitchell asked the Minister for Education and Science his plans to implement the recommendations of the McIver report; and when this process will commence. [12083/04]

The post-leaving certificate review was commissioned to examine the sector and make recommendations as necessary regarding the organisational, support, development, technical and administrative structures and resources required in schools with large scale post-leaving certificate, PLC, provision. The final report was completed in April 2003.

The recommendations of the report are wide ranging and encompass proposals that extend beyond PLC provision. The report poses considerable challenges in the shaping of structures for the delivery of further and adult education and costs into the future. The McIver report included a recommendation that organisations involved in the further education sector should form a council of FE colleges with the specific composition of that body to be discussed further. As an initial step, the Minister of State, Deputy de Valera will address a meeting of the stakeholders in the PLC sector on Tuesday, 4 May, with a view to having them agree proposals for submission to the Department about the composition and remit of the council.

Having regard to the number and scope of the recommendations in the report, further consultations with all the relevant interests with regard to prioritisation of the recommendations will be necessary.

Special Educational Needs.

Bernard J. Durkan

Ceist:

451 Mr. Durkan asked the Minister for Education and Science if and when a special needs place can be offered to a person (details supplied) in County Kildare who wishes to continue his education in St. Raphael’s for a further year. [12127/04]

The person referred to by the Deputy is 18 years of age since December 2003 and is currently enrolled in St. Raphael's special school, Celbridge, County Kildare. Special schools and special classes funded by the Department of Education and Science are intended to cater for children and young persons with special educational needs from four years of age until the end of the school year in which they reach their 18th year.

The local health board has direct responsibility for provision for young adults over 18 years of age with special needs. The Department of Education and Science is willing to consider the provision of funding towards an education component of such provision in a health board setting. Any application received from the health board will be considered.

David Stanton

Ceist:

452 Mr. Stanton asked the Minister for Education and Science if there is any provision or circumstance whereby a person who is dyslexic can be exempted from studying Irish at second level; the extra assistance that can be made available for such persons in the event that exemption is not possible; and if he will make a statement on the matter. [12144/04]

My Department has issued guidelines to schools on exemption from the study of Irish at post-primary level. These are outlined in circular M10/94 published by my Department.

Provision exists in this circular for pupils who have a specific learning disability of such a degree of severity that they fail to achieve expected levels of attainment in basic language skills in the mother tongue. The evidence of such a disability should be furnished by a qualified psychologist to enable the evaluation on the necessity to exempt the particular pupil from the study of Irish. Delegated authority within the defined limits of the circular has been given to schools to permit a pupil to be granted an exemption from Irish.

In addition, my Department allocates resources to second level schools and vocational educational committees to cater for students with special educational needs. Applications for such support are made to my Department by the relevant school authority or VEC. Each application is considered on the basis of the assessed needs of the pupil(s) involved and the nature and level of support provided is determined on the advice of the psychological service.

Departmental Properties.

Richard Bruton

Ceist:

453 Mr. R. Bruton asked the Minister for Education and Science if his Department has received representations from any organisation in the Dublin 24 area, in respect of a proposal to build a facility on the lands at (details supplied); the state of discussions between his Department and County Dublin VEC in respect of an earlier proposal to establish administrative buildings on this site; and if he will make a statement on the matter. [12145/04]

A recent proposal has been submitted in regard to acquiring the lands in question.

Council Dublin VEC had expressed an interest in acquiring the lands for the development of administrative offices. However, final decisions concerning this proposal have not been reached. Central to any decision in this matter is an analysis of the likelihood of my Department requiring the lands for any educational use in the future. This analysis is ongoing.

Fisheries Protection.

John Perry

Ceist:

454 Mr. Perry asked the Minister for Communications, Marine and Natural Resources the reason the ESB has not provided a response to my previous questions (details supplied); and if he will make a statement on the matter. [11129/04]

The ESB informs me that all disposals of materials of intrinsic value removed from the River Shannon by ESB fisheries conservation staff are dealt with in conjunction with the Shannon Regional Fisheries Board. The procedures require the involvement of a peace commissioner to authorise the disposal. The vast majority of material removed in connection with illegal fishing has no value and is treated as debris. The ESB is not required to provide a record of such confiscations or disposals to my Department.

I understand the information sought on records of materials confiscated by the ESB was not provided as promised to the Deputy due only to an oversight on the part of the ESB. I have asked the ESB to rectify the situation by providing whatever information is available directly to the Deputy.

Harbours and Piers.

John Perry

Ceist:

455 Mr. Perry asked the Minister for Communications, Marine and Natural Resources the reason the ownership of Sligo Harbour has not been handed over to Sligo County Council: if he will advise the reason for the delays: when the necessary approval will be granted; and if he will make a statement on the matter. [11176/04]

Officials from my Department and the Department of the Environment, Heritage and Local Government are considering the modalities for the transfer of Sligo Harbour and certain other harbours operating under the Harbours Act 1946 to local authority ownership. I expect this work will take some months to come to fruition since it involves, inter alia, the undertaking of an audit of the assets and liabilities of the harbours to be transferred.

Coastal Erosion.

Damien English

Ceist:

456 Mr. English asked the Minister for Communications, Marine and Natural Resources if his attention has been drawn to the fact that over the past six month period the beach in Portrane, north County Dublin, has lost five feet in width due to coastal erosion; the plans he has to protect this beach from further coastal erosion; and if he will make a statement on the matter. [11180/04]

Primary responsibility for coastal protection works rests with the property owner, be that a private individual or a local authority. In this instance Fingal County Council has responsibility for the protection of Portrane coastline. My Department has not received any reports of erosion of Portrane beach in the past six months.

In 2002 my Department requested proposals from all coastal local authorities for consideration in the context of the 2003-2006 national coastal protection programmes. Fingal County Council submitted an application in respect of Portrane beach at an estimated cost of €326,305. In 2003, funding of €7,500 was provided to Fingal County Council towards some minor coastal protection works at the north end of Portrane.

Under the coastal protection programme for 2004 there is an Exchequer allocation of €0.78 million provided for the entire country. A final decision on the disbursement of the allocation to individual projects has not yet been made.

Fishing Vessel Licences.

Cecilia Keaveney

Ceist:

457 Cecilia Keaveney asked the Minister for Communications, Marine and Natural Resources the position regarding a shell fish licence for a person (details supplied) in County Donegal; and if he will make a statement on the matter. [11649/04]

The licensing authority for sea fishing boats is currently working through a backlog of licence applications which arose from the suspension of processing of such applications pending the introduction of a new EU fleet management policy and subsequent introduction of a national licensing policy late last year. It has informed me that it hopes shortly to be in a position to process the licence application in question. The licensing authority proposes to contact the applicant concerned about his application within the next couple of weeks.

Marine Safety.

Simon Coveney

Ceist:

458 Mr. Coveney asked the Minister for Communications, Marine and Natural Resources if he has plans to examine or improve legislation governing the carriage of containers on cargo ships; and if he plans to raise this issue at European level while Ireland has the EU Presidency. [11659/04]

Simon Coveney

Ceist:

459 Mr. Coveney asked the Minister for Communications, Marine and Natural Resources his views on the number of containers lost at sea during rough weather; and if he has satisfied himself that the conditions under which containers are stored and carried on vessels is adequate to minimise the risk of loss of containers at sea, which may become a serious hazard for other commercial or leisure craft. [11660/04]

I propose to take Questions Nos. 458 and 459 together.

No containers were reported lost at sea off the Irish coast since 2000 as a result of rough weather. Problems regarding containers falling overboard relate mainly to large container ships. While some of these pass the Irish coast, Ireland does not have deep sea container berths. It is usually smaller feeder ships that call to Irish ports.

The SOLAS convention of the International Maritime Organisation deals with cargo securing on vessels and this requires ships to carry an approved cargo securing manual. My Department's port state control inspectors carry out inspections and regularly review the cargo securing manual of cargo ships visiting our ports. Containers aboard sea going vessels can be lost overboard for various reasons, such as difficult weather conditions, collision or sinking of vessels. Containers, once lost and adrift at sea, represent a danger to commercial and leisure vessels, and their contents might also 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 and taking any safety and environmental protection measures that are 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.

I am satisfied with the existing legislative arrangements governing the carriage of containers on cargo ships and I do not intend to bring forward a proposal on this issue during the Irish Presidency.

Television Channels.

Richard Bruton

Ceist:

460 Mr. R. Bruton asked the Minister for Communications, Marine and Natural Resources if he has reviewed the availability of European language channels on the Irish network in view of the more central role which the European Union is playing in Irish affairs; if he has had discussions with any of the cable and other distribution networks to encourage the inclusion of channels with programming in European languages; and if he will make a statement on the matter. [11747/04]

Decisions on the channels carried by cable and other networks are matters for the companies concerned. I have no plans to review the availability, or to introduce must carry requirements, in respect of European language channels.

Harbours and Piers.

Fergus O'Dowd

Ceist:

461 Mr. O’Dowd asked the Minister for Communications, Marine and Natural Resources the reason for the shortfall of €1.3 million in funding for the development preferred by the Clogherhead fishermen at Clogherhead, County Louth; and if his Department will make up for this shortfall. [12012/04]

Louth County Council owns Port Oriel, Clogherhead, and is responsible for the development of the harbour. The original proposal for the development of Port Oriel was based on a €6.5 million total cost project. I recently approved 75% funding for the project on that basis, having received Department of Finance approval for same.

A subsequent approach from Louth County Council regarding alternative more costly options for the development of Port Oriel, Clogherhead, has been made recently. I am having the matter examined again in conjunction with the Department of Finance.

Water Sports Vehicles.

Paul Kehoe

Ceist:

462 Mr. Kehoe asked the Minister for Communications, Marine and Natural Resources if his Department has made ready the proposals to assist local authorities in adopting regulations on the operation of jet skis or power boats in waters within their jurisdiction; and if he will make a statement on the matter. [12013/04]

The proposals being formulated by my Department to address the issue of the regulation of jet skis and similar craft are at an advanced stage and I expect to bring them to Government in the near future.

Sports Capital Programme.

Denis Naughten

Ceist:

463 Mr. Naughten asked the Minister for Arts, Sport and Tourism if funding for an application from a sports centre (details supplied) in County Roscommon will be approved under the sports capital programme; and if he will make a statement on the matter. [11128/04]

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.

Swimming Pool Projects.

Sean Fleming

Ceist:

464 Mr. Fleming asked the Minister for Arts, Sport and Tourism when funding for the proposed refurbishment and upgrading of Portarlington swimming pool will be approved. [11296/04]

The contract documents for the refurbishment of the swimming pool in Portarlington, which have been submitted to my Department by Laois County Council, are under consideration in my Department.

There are four principal stages in the local authority swimming pool programme, namely, preliminary report, contract documents, tender approval and construction. Each stage of the process is subject to the approval of my Department and grant aid is only allocated to a project when the tender documents have been approved.

Sports Capital Programme.

Seán Crowe

Ceist:

465 Mr. Crowe asked the Minister for Arts, Sport and Tourism the stage of construction the Shamrock Rovers stadium is at in Tallaght; and when its completion is expected. [11354/04]

The sports capital programme, administered by my Department, provides funding to sporting and community organisations at local, regional and national level throughout the country towards the provision of sport and recreational facilities. Responsibility for the delivery of the project rests with the grantee in each case.

A total of 95% of the grants to the value of €2.57 million which have been allocated by the Department has been paid in respect of the following works which have been completed on the project: main stand completed to roof level, that is, roof still be added; function room, bar, shops and so forth, also to roof level; pitch, including drainage, completed; blockwork completed on dressing rooms, kit rooms, other ancillary rooms. The moneys paid out by the Department towards the project have been secured through the execution of a deed of trust between the Department and the grantee.

The remaining 5% is retained in accordance with standard practice pending the receipt of certification of completion of the defects liability period of the project. It is a matter for the club to arrange for the completion of the project. In response to requests from my Department, the club has recently provided information outlining its intentions for the completion of the project.

Swimming Pool Projects.

Charlie O'Connor

Ceist:

466 Mr. O’Connor asked the Minister for Arts, Sport and Tourism if progress is being made towards the provision of the long awaited swimming pool planned by South Dublin County Council in Tallaght west; if he will outline contacts he has maintained; and if he will make a statement on the matter. [11411/04]

South Dublin County Council has applied for approval of contract documents for a proposed new swimming pool in Jobstown in west Tallaght under the local authority swimming pool programme. The council has also applied for grant aid for the replacement of the swimming pool at Clondalkin. The contract documents for both of these projects are under consideration in my Department.

There are four principal stages in the local authority swimming pool programme, namely, preliminary report, contract documents, tender approval and construction. Each stage of the process is subject to the approval of my Department and grant aid is only allocated to a project when the tender documents have been approved.

Sports Capital Programme.

Cecilia Keaveney

Ceist:

467 Cecilia Keaveney asked the Minister for Arts, Sport and Tourism the sources of funding that are available towards sports other than the national lottery grants for a group (details supplied) in County Donegal; and if he will make a statement on the matter. [11439/04]

The only funding available from my Department towards sports and sports related capital projects for individual clubs and organisations is the national lottery funded sports capital programme, which has seen almost €270 million allocated in grant funding to over 3,500 projects since 1998. Similarly, programmes and initiatives funded by the Irish Sports Council aimed at the development of sport are also funded from the proceeds of the national lottery.

The club should note, however, that section 847a of the Taxes Consolidation Act provides for a scheme for tax relief for relevant donations to an approved sports body for the funding of approved projects. Clubs must first provide relevant certification from the Revenue Commissioners that their tax affairs are in order. Approved sports status can then be awarded by my Department, towards suitable projects, allowing for tax relief to be claimed by the club on donations that exceed the minimum qualifying threshold of €250 per annum. Details of the tax relief scheme are available on my Department's website at www.irlgov.ie/arts-sport-tourism.

Bernard J. Durkan

Ceist:

468 Mr. Durkan asked the Minister for Arts, Sport and Tourism if and when Celbridge Athletic Club, Celbridge, County Kildare, will receive a grant from the proceeds of the national lottery fund; if so, the amount of same; and if he will make a statement on the matter. [11474/04]

The national lottery funded sports capital programme, 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 club in question was provisionally allocated a grant of €70,000 under the 2003 sports capital programme, none of which has been drawn down by the club to date. 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 this evaluation process has been completed.

Grant Aid.

Ned O'Keeffe

Ceist:

469 Mr. N. O’Keeffe asked the Minister for Arts, Sport and Tourism the grant aid available from his Department to build holiday homes. [11500/04]

My Department does not provide direct grant support for the provision of any tourist facilities, including holiday homes, nor is the type of visitor accommodation referred to by the Deputy eligible for grant aid under Fáilte Ireland's tourism product development scheme.

Festivals and Cultural Events.

Gay Mitchell

Ceist:

470 Mr. G. Mitchell asked the Minister for Arts, Sport and Tourism if public funds allocated for the St. Patrick’s festival in Dublin were allocated on an arm’s length basis; if there was no conflict of interest or potential conflict of interest in the allocation of such funds; if he has satisfied himself with regard to accountability provisions relating to the festival; and if he will make a statement on the matter. [11561/04]

The allocation of funds to festivals and other cultural events, including the St. Patrick's festival, is a matter for Fáilte Ireland in the context of its administration and implementation of the festivals and cultural events initiative.

Decisions in respect of individual grant allocations are ultimately made by the Fáilte Ireland authority on the basis of an assessment by the executive of an event's contribution to the promotion of tourism and in the light of the authority's overall priorities for the initiative. Furthermore, I am assured that all grant offers are subject to appropriate conditions, including an independent audit of expenditure and a value for money audit.

Sports Capital Programme.

John Perry

Ceist:

471 Mr. Perry asked the Minister for Arts, Sport and Tourism if only 95% of the 2000 grant has been awarded on an application (details supplied); and if he will make a statement on the matter. [12024/04]

Under the national lottery funded sports capital programme, administered by my Department, the project in question was allocated a grant of €45,711 in 2000. As I outlined in my reply to Parliamentary Question No. 101 in March of this year on the same issue, 95% of the 2000 grant has been paid and the remaining 5% is retained in accordance with standard practice, pending the receipt of certification of completion of the defects liability period of the project. On receipt of the certification in question, the balance of the grant will be paid.

National Development Plan.

Marian Harkin

Ceist:

472 Ms Harkin asked the Minister for Arts, Sport and Tourism if, further to his reply of 13 January 2004, funding has been put in place to commence the NDP sport and recreational facilities sub-measure under the BMW operational programme. [12032/04]

To date, there has been no expenditure under the sports and recreational facilities sub-measure of the NDP's regional operational programme. The Deputy will be aware that the sub-measure was to be based on the outcome of the Government's national spatial strategy, which was approved in November 2002. No provision for expenditure on the sports and recreational facilities sub-measure was included in the Department of Arts, Sport and Tourism budget for 2003 or 2004 which would have enabled the introduction of a new programme.

Prior to the introduction of any such new programme, there are a number of other factors to be considered. Since 1998, grants to the value of €270 million have been allocated to 3,500 projects under the Department's sports capital programme, many of which are of the nature envisaged in the sub-measure. In addition, under the Department's local authority swimming pool programme, there is an ambitious programme which provides funding for local authorities towards pool provision.

In keeping with the commitment in the programme for Government, the development of a national sports facilities strategy will commence shortly and will be prepared in tandem with the national audit of sports facilities. The audit, which will provide the Department with a database of existing facilities, is viewed as critical to the effective delivery of a future sports facilities programme. A further factor to be considered is the capacity of local authorities to undertake additional borrowings within the context of the general Government balance.

In the context of the 2005 Estimates, the Department proposes to revisit this measure, taking into account the outcome of the strategy process, the national audit, the budgetary situation and the recommendations from a recently completed, but not yet publicly available, expenditure review on the sports capital programme.

Sports Capital Programme.

Jimmy Deenihan

Ceist:

473 Mr. Deenihan asked the Minister for Arts, Sport and Tourism if he will approve a national lottery grant for Mounthawk secondary school, Tralee, County Kerry, to develop a community playing pitch and dressing rooms; and if he will make a statement on the matter. [12109/04]

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 this evaluation process has been completed.

Genetically Modified Organisms.

Martin Ferris

Ceist:

474 Mr. Ferris asked the Minister for Health and Children if imports of sweetcorn from the United States have ever been tested for GM content; and if so will he provide details of the results. [11800/04]

The Food Safety Authority of Ireland, FSAI, is the competent authority in Ireland for the enforcement of EU legislation regarding the genetic modification of foodstuffs. The FSAI carries out checks on the marketplace for compliance with the GM legislation. I am advised that the FSAI is satisfied that, based on current scientific opinion, GM products authorised within the EU are safe for human consumption. The FSAI undertakes surveys to check for compliance with regulations on the labelling of genetically modified food. The surveys, which form part of the EU co-ordinated programme for the official control of foodstuffs, examine a wide range of both soya and maize containing foods.

The results show that some of the samples tested contained GM ingredients authorised for food use within the EU, although none of the samples which were found by the FSAI to contain GM material contained greater than the 1% threshold allowed under EU legislation. This threshold is further reduced to 0.9% in the most recent regulations. Under EU Regulations, food or ingredients that meet the threshold for GM content do not require GM-specific labelling if the operator can show that the food or ingredients were from a non-GM source, which would indicate that the GM content was due to technically unavoidable contamination. None of the samples found by the FSAI to contain GM material contained greater than the threshold.

I have been informed that sweetcorn tested as part of these surveys has been GM free. The FSAI has indicated that it is planned to include sweetcorn as part of its 2004 survey.

Martin Ferris

Ceist:

475 Mr. Ferris asked the Minister for Health and Children the testing procedures that will be carried out to evaluate the level of GM content of food products following the coming into force of the new EU regulation on labelling on 18 April 2004. [11801/04]

The Food Safety Authority of Ireland, FSAI, is the competent authority in Ireland for the enforcement of EU legislation regarding the genetic modification of foodstuffs. The FSAI carries out checks on the marketplace for compliance with the GM legislation.

The FSAI has carried out a number of surveys of the food supply chain in recent years and has employed both state laboratories as well as private laboratories to carry out testing of the genetic material, DNA, in a range of foods using a technique called polymerase chain reaction or PCR. This is a rapidly expanding and highly sensitive technique employed for a range of other uses, including academic research and forensic science. This technology can be used to test for the presence, and sometimes the amount, of a GMO present in a food relative to its non-GMO counterpart.

The EU, under the auspices of the Joint Research Centre in Ispra, Italy, has undertaken to standardise how GMOs and derived food and feed are tested using PCR and validation of a number of tests is already well advanced. New legislation has just come into force that also stipulates what applicants must provide by way of material and information to enable testing for specific GMOs before they will be authorised for marketing.

Health Board Services.

James Breen

Ceist:

476 Mr. J. Breen asked the Minister for Health and Children if, in view of the poor services available to parents of children with special needs in the west Clare peninsula, he will provide financial assistance to those who have to take their children over 80 miles for private consultation. [11988/04]

James Breen

Ceist:

477 Mr. J. Breen asked the Minister for Health and Children when children with special needs in the west Clare peninsula will receive full time professional services, namely, autism services, speech therapists, social workers and clinical psychologists. [11989/04]

Responsibility for the provision of services in the Clare area is a matter, in the first instance, for the Mid-Western Health Board. My Department has, therefore, asked the chief executive officer of the Mid-Western Health Board to investigate the matter raised by the Deputy and reply directly to him.

Departmental Inquiries.

Olivia Mitchell

Ceist:

478 Ms O. Mitchell asked the Minister for Health and Children if the terms of reference for the Neary inquiry have been agreed by Cabinet; and when the inquiry will commence. [12205/04]

Seán Ryan

Ceist:

621 Mr. S. Ryan asked the Minister for Health and Children if he will report on the outcome of his recent meetings with Patient Focus regarding the inquiry into the practice of a person (details supplied); if he proposes to facilitate a public inquiry; the way in which he intends to deal with the persons who were violated prior to 1986; and if he will make a statement on the matter. [12077/04]

I propose to take Questions Nos. 478 and 621 together.

Following the Medical Council's investigation into the professional conduct of Dr. Michael Neary, the Government has decided to establish a non-statutory inquiry chaired by Judge Maureen Harding Clark.

A formal announcement of the terms of reference will be made shortly. In broad terms, it is intended that the inquiry will examine the hysterectomy rate at Our Lady of Lourdes Hospital, Drogheda, and determine how the rate compared with rates in similar hospitals. It will inquire into whether Dr. Neary's practice was commented or acted upon by others at the hospital. It will examine whether internal or external reviews were conducted. It will also inquire into the measures put in place to prevent a repeat of those events at the hospital and offer advice on any additional systems that should be put in place.

I have had a number of meetings with Patient Focus, the patient support group, to discuss the proposed terms of reference and format of the inquiry. The group has been assured that the inquiry will hear evidence from any person who is willing to testify, and that this includes all former patients of Dr. Neary, regardless of the date of their procedure.

Care of the Elderly.

John Gormley

Ceist:

479 Mr. Gormley asked the Minister for Health and Children the steps he intends to take to ensure that proper quality care is provided to the older person; the system that is in place to measure staffing levels in centres for older persons; and the further steps he intends to take to ensure that nappies are distributed to older persons. [11152/04]

The policy of my Department on the care of older people is to maintain them in dignity and independence in their own home for as long as possible in accordance with their wishes. This policy was first enunciated in the "Care of the Aged Report" which was published in 1968 and confirmed in the report, "The Years Ahead: A Policy for the Elderly", published in 1988. Numerous research studies have shown that the vast majority of older people have a preference to remain living in their own home for as long as possible rather than moving into long stay residential care.

Since my appointment as Minister of State I have encouraged the Eastern Regional Health Authority and the health boards to introduce personal care packages for older people as an alternative to long stay residential care. Personal care packages are specifically designed for the individual concerned and could possibly include the provision of a home help service, home subvention payments, arrangement for attendance at a day centre or day hospital and other services such as twilight nursing. Personal care packages allow older persons the option of remaining living in their own home rather than going into long stay residential care.

Standards of care in private nursing homes are governed by the Nursing Homes (Care and Welfare) Regulations 1993. My Department is currently reviewing the Health (Nursing Homes) Act 1990 and the nursing home subvention regulations to determine their relevancy and efficacy in providing long-term care to the elderly. The objective of the review is to develop a scheme which will be transparent, offer a high standard of care for clients, provide equity within the system to include standardised dependency and means testing, be less discretionary, be consistent in implementation throughout the country and be financially sustainable.

The position regarding measuring nurse staffing levels is that, on foot of recommendations made by the Commission on Nursing, a working group was recently established with the following terms of reference: to agree a common understanding of the term "skill-mix" in the health care environment and its application in determining nurse staffing levels; to identify and evaluate the current systems being utilised in the Irish health care setting and to identify areas of best practice; to review literature on current systems of determining nurse staffing levels in a national and international context and to determine whether these systems have the potential to be adopted or modified to suit the Irish health care system; to recommend principles underpinning systems of determining nurse staffing levels within the Irish health care system. The working group is chaired by the chief nursing officer of my Department and includes representatives of the Health Service Employers Agency, the Psychiatric Nurses' Association of Ireland, the Irish Nurses Organisation, SIPTU nursing, IMPACT, employing agencies and the Department of Health and Children.

Standards for the management of nursing homes in the private sector are provided for under the various legislative instruments mentioned above. Furthermore, the implementation of the provision whereby incontinence wear is supplied to older people in private nursing homes is a matter for each health board in the context of it's overall revenue allocation as notified annually in the letters of determination. The request to health boards to implement a provision whereby incontinence wear is supplied to medical card holders in private nursing homes issued from my Department in February 2001.

Health Board Services.

Michael Ring

Ceist:

480 Mr. Ring asked the Minister for Health and Children if a medical officer has been appointed for the Sacred Heart hospice unit, Castlebar, County Mayo; if there were replies to the recent advertisements for the post; and, if a person has been appointed to the position, when this will be offered. [11153/04]

Michael Ring

Ceist:

481 Mr. Ring asked the Minister for Health and Children the length of time the hospice unit in the Sacred Heart Hospital, Castlebar, County Mayo, has been closed; when this unit will re-open. [11154/04]

I propose to take Questions Nos. 480 and 481 together.

Responsibility for the provision of health services in County Mayo rests with the Western Health Board in the first instance. The board has advised my Department that the in-patient beds at the hospice unit in the Sacred Heart Hospital, Castlebar, have not been available since May 2001 due to the absence of a medical officer who would accept medical responsibility for patients occupying these beds. The board has informed my Department there has been no response to the recent re-advertising of the post but that it intends to continue with its efforts to recruit a suitable person for the post.

Health Board Funding.

Liz McManus

Ceist:

482 Ms McManus asked the Minister for Health and Children the amount of funding that has been specifically allocated to the North Eastern Health Board for personal assistance services for persons with disabilities in the years 2000-2004; and if he will make a statement on the matter. [11178/04]

The funding allocated is as follows.

Year

Funding Allocated

2000

270,000

2001

450,000

2002

114,000

2003

899,000

2004

265,000

Toal Allocated

1,998,000

The funding allocated for the years 2000-2002 was allocated specifically for the provision of home support and personal assistance services for people with physical and sensory disabilities. The funding allocated since 2003 to the North Eastern Health Board was allocated for priority service pressures as identified at local level, including the provision of home support services.

Health Board Services.

Joe Higgins

Ceist:

483 Mr. J. Higgins asked the Minister for Health and Children if he will make funds available for the construction of a health centre at Mulhuddart to cater for the rapidly increasing population of the area. [11181/04]

With regard to the provision of new health centres generally, the identification, prioritisation and provision of such facilities to meet the needs of local communities within its functional area is a matter for the relevant health board or the Eastern Regional Health Authority or ERHA. In the case of Mulhuddart, this responsibility rests with the ERHA.

The ERHA has indicated that the development of a new health centre would constitute a regional priority in the context of the current inadequate local infrastructure and major growth in population in the Mulhuddart area. This capital proposal will be considered by my Department and the ERHA in the context of capital priorities under the capital investment framework 2004-2008.

Hospital Services.

Joe Higgins

Ceist:

484 Mr. J. Higgins asked the Minister for Health and Children the reason Blanchardstown hospital has not been given the funds to open immediately the new accident and emergency unit and related works; and if he will make the funds available without delay. [11182/04]

Responsibility for the funding of services at James Connolly Memorial Hospital, Blanchardstown, rests with the Eastern Regional Health Authority. The additional revenue funding required to commission, inter alia, the new accident and emergency department at the hospital is the subject of consideration by my Department in conjunction with the authority.

Health Board Staff.

Gay Mitchell

Ceist:

485 Mr. G. Mitchell asked the Minister for Health and Children if he will ensure that guaranteed hours and proper treatment for home help assistants are introduced; and if he will make a statement on the matter. [11206/04]

The chief executive officer of each health board has responsibility for the management of the workforce, including the appropriate staffing mix, precise grades of staff employed and the number of hours worked in the board, in line with service priorities. The Deputy may wish to note that personnel employed as home helps in the health service benefit from standard terms and conditions of employment available to all grades of health service staff.

The number of hours worked by home helps are service driven and determined by the assessed needs of the clients. My Department has been advised by the Health Service Employers Agency that every effort is made to ensure appropriate stability in hours worked by home helps through, for example, the provision of supplementary or replacement hours consistent, in all instances, with service requirements.

Personal Injury Claims.

Aengus Ó Snodaigh

Ceist:

486 Aengus Ó Snodaigh asked the Minister for Health and Children if his attention has been drawn to the fact that liability was admitted in the High Court case of medical negligence against Naas General Hospital by a family (details supplied); and that the judge awarded costs against the hospital as well as awarding damages of €243,000 to the family. [11216/04]

Aengus Ó Snodaigh

Ceist:

487 Aengus Ó Snodaigh asked the Minister for Health and Children if his attention has been drawn to the fact that despite admitting liability Naas General Hospital never apologised to the family of persons (details supplied) after the High Court hearing on 19 March 2004; and if he will make a statement on the matter. [11217/04]

Decisions on the approach to be taken in the defence of personal injury claims arising from alleged medical malpractice are the responsibility of health boards, hospitals and their insurers in accordance with the terms of their contracts of insurance. In these circumstances it would be inappropriate for me to make any statement relating to the management of individual cases.

Aengus Ó Snodaigh

Ceist:

488 Aengus Ó Snodaigh asked the Minister for Health and Children if his attention has been drawn to the fact that Naas General Hospital has initiated appeal proceedings to the Supreme Court in the medical negligence case of a person (details supplied) in County Kildare despite it admitting liability in the High Court on 19 March 2004; if he will investigate this; and if he will make a statement on the matter. [11218/04]

Aengus Ó Snodaigh

Ceist:

489 Aengus Ó Snodaigh asked the Minister for Health and Children if it is normal practice for a hospital which has admitted liability in a case of medical negligence to appeal against the award given by the High Court; if so, the frequency with which this occurs, the reasons and the results of the appeal in each such case for the past five years. [11219/04]

Aengus Ó Snodaigh

Ceist:

490 Aengus Ó Snodaigh asked the Minister for Health and Children the costs incurred by various hospitals and health boards fighting cases of medical negligence in the High Court and Supreme Court in the past five years; the individual awards made; the legal costs involved; and the additional costs and savings made in each case an appeal was lodged. [11220/04]

Aengus Ó Snodaigh

Ceist:

491 Aengus Ó Snodaigh asked the Minister for Health and Children the number of cases of medical negligence which have been brought against hospitals or health boards; the number that were settled prior to reaching the courts; the costs of such settlements; and the number withdrawn without incurring costs to the hospital or health board. [11221/04]

Aengus Ó Snodaigh

Ceist:

492 Aengus Ó Snodaigh asked the Minister for Health and Children the number of cases in the past five years of medical negligence against hospitals or health boards settled after High Court proceedings had begun; and the costs involved in such settlements. [11222/04]

Aengus Ó Snodaigh

Ceist:

493 Aengus Ó Snodaigh asked the Minister for Health and Children the number of cases in the past five years of medical negligence which have been brought against hospitals or health boards; the number that were settled prior to reaching the courts; the costs of such settlements; and the number withdrawn without incurring costs to the hospital or health board. [11223/04]

Aengus Ó Snodaigh

Ceist:

511 Aengus Ó Snodaigh asked the Minister for Health and Children the number of cases in the past five years of medical negligence brought against hospitals or health boards which were settled after Supreme Court proceedings had begun; and the costs involved in such settlements. [11270/04]

Aengus Ó Snodaigh

Ceist:

512 Aengus Ó Snodaigh asked the Minister for Health and Children the number of cases in the past five years of medical negligence brought against hospitals or health boards which were the subject of Supreme Court judgments; and the number of these judgments found against the defendants. [11271/04]

Aengus Ó Snodaigh

Ceist:

513 Aengus Ó Snodaigh asked the Minister for Health and Children the number of cases in the past five years of medical negligence brought against hospitals or health boards which were the subject of High Court judgments; and the number of these judgments found against the defendants. [11272/04]

I propose to take Questions Nos. 488 to 493, inclusive, and 511 to 513, inclusive, together.

Decisions on the approach to be taken in the defence of personal injury claims arising from medical malpractice claims, including whether to appeal against an award made by a court, are the responsibility of health boards, hospitals and their insurers in accordance with the terms of their contracts of insurance. Information on the management of claims by health boards and their insurers is held by them and is not available in my Department.

Health Board Services.

Liz McManus

Ceist:

494 Ms McManus asked the Minister for Health and Children his views on the slow pace of development of the personal assistance services for persons with disabilities by the North Eastern Health Board, in view of recent figures published by the IWA which showed that only 13 people in the north east were in receipt of a personal assistance service from the NEHB compared to 111 persons in the north west and 155 persons in the midlands region in receipt of a personal assistance service from their respective health boards; and if he will make a statement on the matter. [11224/04]

The provision of health related services, including personal assistants for people with a disability, 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 chief executive officer of the North Eastern Health Board with a request that he examine the matter and reply directly to the Deputy as a matter of urgency

Hospital Services.

Michael Ring

Ceist:

495 Mr. Ring asked the Minister for Health and Children when a person (details supplied) in County Mayo will be assessed by the urologist in Mayo General Hospital or Galway Regional Hospital. [11225/04]

The provision of hospital services for people living in County Mayo is a matter for the Western Health Board. My Department has asked the chief executive officer of the board to reply directly to the Deputy about the matter raised.

Child Care Services.

Paul Nicholas Gogarty

Ceist:

496 Mr. Gogarty asked the Minister for Health and Children when a decision will be made regarding custody of persons (details supplied). [11226/04]

Paul Nicholas Gogarty

Ceist:

497 Mr. Gogarty asked the Minister for Health and Children if an investigation is being carried out by the health board into allegations of assault (details supplied) in Clondalkin; when the findings of this investigation will be released; the action that will be taken; and if he will make a statement on the matter. [11227/04]

I propose to take Questions Nos. 496 and 497 together.

Responsibility in this area rests primarily with the health boards. My Department has asked the chief executive of the Eastern Regional Health Authority to reply directly to the Deputy

Hospital Services.

Gay Mitchell

Ceist:

498 Mr. G. Mitchell asked the Minister for Health and Children when a person (details supplied) in Dublin 12 can be scheduled for a medical procedure; and if he will make a statement on the matter. [11229/04]

Responsibility for the provision of health services to persons residing in Counties Dublin, Kildare and Wicklow rests with the Eastern Regional Health Authority. My Department has, therefore, asked the regional chief executive of the authority to investigate the matter raised by the Deputy and to reply to him directly.

Pharmacy Regulations.

Paddy McHugh

Ceist:

499 Mr. McHugh asked the Minister for Health and Children if he will remove the unfair registration process which applies to EU qualified pharmacists who are EU nationals, which prevents them from working in a pharmacy less than three years old while the same restrictions do not apply to non-EU nationals with the same qualification or EU pharmacists who have qualified outside the EU; and if he will make a statement on the matter. [11233/04]

As I stated in my previous reply to the Deputy, the regulations concerned do not prevent such EU pharmacists from working in a pharmacy that is less than three years old, other than as a supervising pharmacist. Under the Pharmacy Acts, the supervising pharmacist, as the "authorised person", is required to personally supervise the pharmacy and the dispensing and compounding of medical prescriptions therein.

Health Board Services.

Liz McManus

Ceist:

500 Ms McManus asked the Minister for Health and Children if the scheme whereby all women who have a mastectomy are entitled to and provided with an initial prosthesis and two bras free of charge is being implemented fully in every health board area; the amount of funding allocated to the scheme; if the funding is adequate to meet demand; and if he will make a statement on the matter. [11258/04]

As part of the development of services for symptomatic breast disease patients, designated funding has been made available to each health board and the ERHA to enable them to provide a prosthesis service to all breast cancer patients, irrespective of the patient's medical card status. Since 2001, funding of approximately €1.2 million has been made available by my Department to ensure that all post-operative breast cancer patients requiring prosthesis and bra fitting are provided with the initial prosthesis and two bras free of charge. This year my Department made available an additional €15 million to meet service pressures in oncology, including symptomatic breast disease services.

If the Deputy advises me of any area where there are difficulties relating to this service, I will refer the matter to the appropriate health board or the ERHA for reply.

Hospital Services.

Breeda Moynihan-Cronin

Ceist:

501 Ms B. Moynihan-Cronin asked the Minister for Health and Children the reason patients in County Kerry are waiting for two years or more to obtain an appointment to see an orthopaedic surgeon at Cork University Hospital; the average waiting time at present for such an appointment; and if he will make a statement on the matter. [11259/04]

Responsibility for the provision of hospital services in Counties Cork and Kerry is, in the first instance, a matter for the Southern Health Board. My Department has, therefore, asked the chief executive officer of the Southern Health Board to investigate the matter and reply directly to the Deputy.

Pharmacy Regulations.

Paul Connaughton

Ceist:

502 Mr. Connaughton asked the Minister for Health and Children when he proposes to outline the governing policy on the report of the pharmacy review group; and if he will make a statement on the matter. [11261/04]

I established the pharmacy review group in November 2001 to examine the pharmacy issues raised in the OECD report on regulatory reform in Ireland. The group submitted its report on 31 January 2003. I am continuing to examine the complex legal and public health issues in the group's recommendations. The report is available on my Department's website, www.doh.ie, along with reports prepared for the group by Indecon International Economic Consultants.

Health Board Staff.

Jerry Cowley

Ceist:

503 Dr. Cowley asked the Minister for Health and Children the reason a person (details supplied) in County Mayo is unable to get employment with the health board. [11262/04]

The chief executive officer of the Western Health Board has responsibility for the management of the workforce, including the appropriate staffing mix and the precise grades of staff employed within the board, in line with service plan priorities and subject to overall employment levels remaining within the authorised ceiling. Hence, the recruitment of health service staff in 2004 will take place in the context of the implementation of the health board's service plan.

The Deputy may also wish to note that a revised system to assess chiropodists for eligibility to practise in the public health service has been established. This conforms strictly to legal obligations. The assessment system comprises a criteria committee to advise on the criteria to apply to chiropodists wishing to practise in the public health service and an assessment committee to assess individual chiropodists for eligibility to practise in the public health service based on input and recommendations from the criteria committee. The first assessment organised by this system commenced in March 2003. Arrangements are currently being put in place for the next assessment process, in respect of which all chiropodists will be eligible to apply.

Registration of Births.

Jerry Cowley

Ceist:

504 Dr. Cowley asked the Minister for Health and Children the reason persons (details supplied) in County Mayo cannot alter an entry on the birth certificate of their child which they filled out without instruction from the register of births and marriages; and the way in which this problem can be sorted for these persons; and if he will make a statement on the matter. [11263/04]

The parents have primary responsibility for the registration of the birth of their child. The particulars required to be entered in the register of births include the forenames and surnames of the parents and the forename(s) and surname assigned to the child. The Registration of Births Act 1996 provided for a surname to be assigned to the child at the time of registration.

I am informed by An tArd Chláraitheoir, the Registrar General of births, stillbirths, deaths and marriages, that the birth of the child referred to by the Deputy was registered at the joint request and under the joint signatures of both parents. The surname, assigned to the child, which was a combination of the surnames of both parents, was entered in the register. In these circumstances there is no provision to change the surname of the child entered in the register. This has been explained to the mother of the child in question.

However the parents were afforded an opportunity to standardise the format of the surname, without any substantive change, by the deletion of a comma between the two elements of the surname, with an option to substitute a hyphen, by way of an amendment under the provisions of section 27 of the Births and Deaths Registration Act (Ireland) 1880. This facility has not been availed of to date.

Health Board Services.

Pat Carey

Ceist:

505 Mr. Carey asked the Minister for Health and Children when a person (details supplied) in Dublin 11 will receive orthodontic treatment; and if he will make a statement on the matter. [11264/04]

Responsibility for the provision of orthodontic treatment to eligible persons in Dublin 11 rests with the Eastern Regional Health Authority. My Department has asked the regional chief executive to investigate the matter raised by the Deputy and to reply to him directly.

Medical Cards.

Paudge Connolly

Ceist:

506 Mr. Connolly asked the Minister for Health and Children the number of medical cards withdrawn from medical card holders in County Cavan since 17 May 2002; the number of new medical cards issued since that date; and if he will make a statement on the matter. [11265/04]

Paudge Connolly

Ceist:

507 Mr. Connolly asked the Minister for Health and Children the number of medical cards withdrawn from medical card holders in County Monaghan since 17 May 2002; the number of new medical cards issued since that date; and if he will make a statement on the matter. [11266/04]

I propose to take Questions Nos. 506 and 507 together.

The information requested by the Deputy is set out in tabular form below.

Number of medical cards withdrawn since 17 May 2002

Number of new medical cards issued since that date

Number of medical cards current in April 2004

Cavan

2,928

3,143

11,985

Monaghan

2,702

2,750

10,760

Regular reviews of the GMS list of patients take place in all health board areas. These reviews are necessary to ensure that the patients continue to be eligible for GMS services and to satisfy public accountability obligations on the management of health board medical card databases. The withdrawal of medical cards can be attributed in some measure to the rise in the number of persons in employment and also to the data cleansing exercise which was carried out on medical card databases in 2003. It should be noted that most of these deletions arose from normal medical card review activity.

Health Board Funding.

Liz McManus

Ceist:

508 Ms McManus asked the Minister for Health and Children the measures and actions his Department has undertaken to monitor and ensure funding allocated to the North Eastern Health Board specifically for personal assistance services is used for that purpose; and if he will make a statement on the matter. [11267/04]

Expenditure of funds allocated to the North Eastern Health Board is monitored in the course of regular meetings between my Department and officials of the board.

Hospital Services.

Aengus Ó Snodaigh

Ceist:

509 Aengus Ó Snodaigh asked the Minister for Health and Children if there was an internal medical investigation in Naas General Hospital into the circumstances that led to the failure to diagnose injuries of a person (details supplied) in County Kildare that led to their death in 1998; if so, the conclusions of that investigation; and if he will make a statement on the matter. [11268/04]

Aengus Ó Snodaigh

Ceist:

510 Aengus Ó Snodaigh asked the Minister for Health and Children the steps that have been taken since the death of a person (details supplied) in County Kildare, in 1998, to ensure that the failure to diagnose such a condition is not repeated in Naas General Hospital or other hospitals in future. [11269/04]

I propose to take Questions Nos. 509 and 510 together.

Responsibility for the provision of health services to persons residing in Counties Dublin, Kildare and Wicklow rests with the Eastern Regional Health Authority. My Department has, therefore, asked the regional chief executive of the authority to investigate the matter raised by the Deputy and to reply to him directly.

Questions Nos. 511 to 513, inclusive, answered with Question No. 488.

Aengus Ó Snodaigh

Ceist:

514 Aengus Ó Snodaigh asked the Minister for Health and Children if his attention has been drawn to the fact that there is a waiting list of up to three years for the services of an occupational therapist in Cherry Orchard Hospital; and the steps his Department will take to change this unacceptable situation. [11273/04]

Responsibility for the provision of services at Cherry Orchard Hospital rests with the Eastern Regional Health Authority. My Department has, therefore, asked the regional chief executive of the authority to examine the matter raised by the Deputy and to reply to him directly.

Aengus Ó Snodaigh

Ceist:

515 Aengus Ó Snodaigh asked the Minister for Health and Children the reason a person (details supplied) in Dublin 10 has been informed that they could be waiting for three years for an occupational therapist’s report from their health board; if his attention has been drawn to the fact that without this report this person cannot apply for a disabled person’s grant for an extension; if his attention has further been drawn to the fact that this person would only be waiting a matter of weeks for such a report if they were able to pay for it privately; and if there is anything outside of paying private fees that can be done to obtain such a report more quickly in this case. [11274/04]

The provision of health related services, including occupational therapy, 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 chief executive officer 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.

Health Board Services.

Gay Mitchell

Ceist:

516 Mr. G. Mitchell asked the Minister for Health and Children if proper funding will be made available for the Inchicore home help service (details supplied). [11293/04]

The provision of the home help scheme in the Dublin 8 area is, in the first instance, the responsibility of the South Western Area Health Board acting under the aegis of the Eastern Regional Health Authority. As the information requested by the Deputy is not routinely collated in my Department, my Department has written to the chief executive officer of the authority and asked him to supply me with the relevant details. The information sought will be forwarded to the Deputy as a matter of urgency.

Nursing Education.

Michael Ring

Ceist:

517 Mr. Ring asked the Minister for Health and Children if funding has been paid to St. Vincent’s Psychiatric Hospital, Fairview, Dublin, to pay psychiatric nursing students for their work experience. [11306/04]

I presume the Deputy is referring to psychiatric nursing students on the undergraduate nursing degree programme who undertake a number of clinical placements throughout the academic year as part of their nursing studies. Nursing students do not get paid a salary while on clinical placements.

While on clinical placement, undergraduate nursing degree students are entitled to an accommodation allowance up to, but not exceeding, €50.79 per week where it is necessary for the student to obtain accommodation away from her/ his normal place of residence. It must be stressed that this allowance is payable only where it is necessary for a student to obtain a second accommodation for the duration of the placement. Students are also entitled to a weekly travel pass while on external clinical placement. These allowances are outlined in circular 9/2004 which recently issued from my Department.

Funding in respect of the costs associated with the clinical placement allowances was provided historically and on an ongoing basis to the relevant health agencies, including St. Vincent's Hospital, Fairview, for the pre-registration nursing diploma programme. While the pre-registration diploma programme will conclude this year, the funding will remain in the base determinations of the health agencies to which it was provided and will be used to fund the payment of clinical placement allowances to degree students. I have contacted St. Vincent's Hospital, Fairview, regarding this issue. St. Vincent's Hospital has confirmed no student needed to obtain a second accommodation for the duration of her/his placement and, therefore, no student was entitled to receive an accommodation allowance.

Under the terms of circular 43/2001, which governed the payment of external clinical placement allowances to students on the pre-registration nursing diploma programme, students are entitled to avail of allowances only when undertaking placements external to their normal hospital base. St. Vincent's Hospital has confirmed that degree students have not received travel passes to date, as hospital officials were unclear as to whether the students' affiliated hospital was still deemed to be the students' base. However, following clarification from my Department that the higher education institute is to be regarded as the students' base, St. Vincent's, Fairview, is arranging to reimburse degree students in respect of their travel costs.

Health Board Services.

Gerard Murphy

Ceist:

518 Mr. Murphy asked the Minister for Health and Children the position regarding the long list of persons waiting for an appointment with an occupational therapist for children in the Southern Health Board catchment of Mallow; the action these persons on the occupational therapist list will take while their problems get worse; if a paediatric occupational therapist will be brought in from another area; when this problem will be solved. [11307/04]

The provision of health related services, including occupational therapy, 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 chief executive officer of the Southern Health Board with a request that he examine the matter and reply directly to the Deputy, as a matter of urgency.

John McGuinness

Ceist:

519 Mr. McGuinness asked the Minister for Health and Children his plans to provide another minibus for SOS Kilkenny; and if he will make a statement on the matter. [11316/04]

Responsibility for the provision of services to persons with an intellectual disability and those with autism, including the purchase of a minibus, in the Kilkenny area is a matter, in the first instance, for the South Eastern Health Board. My Department has, therefore, asked the chief executive officer of the health board to investigate the matter raised by the Deputy and reply directly to him.

Assisted Human Reproduction.

Sean Fleming

Ceist:

520 Mr. Fleming asked the Minister for Health and Children the arrangements that are in place in the public health services for persons wishing to obtain in vitro fertilisation; and if he will make a statement on the matter. [11336/04]

While medical practice in the area of assisted human reproduction is governed by guidelines issued by the Medical Council, services such as IVF are not subject to a statutory framework of control. As a consequence, the provision of IVF treatment is not publicly funded and, as such, is not available in the public health services. Persons wishing to avail of this treatment must do so in a private capacity and are obliged to meet the costs themselves.

I understand that, in certain instances, there is some cross subsidisation which allows for the treatment to be provided free to medical card holders. It should also be noted that persons undergoing IVF are eligible for tax relief on medical expenses and that the drugs used as part of fertility treatment are covered by the drugs payment scheme.

I should add that, with a view to addressing concerns about the absence of statutory control in this area, the commission on assisted human reproduction is currently examining the possible approaches to the regulation of all aspects of assisted human reproduction and the social, ethical and legal factors to be taken into account in determining public policy in the area. The issues involved are complex and, while the commission is nearing completion of its work, it is not possible to be definitive on when exactly it will finalise the report.

Hospital Services.

Dinny McGinley

Ceist:

521 Mr. McGinley asked the Minister for Health and Children if his attention has been drawn to the severe difficulties in the accident and emergency section of Letterkenny hospital; if the Department has plans to extend and develop the services there; and if he will make a statement on the matter. [11337/04]

Responsibility for the provision of services at Letterkenny General Hospital rests with the North Western Health Board. In July 2003, I gave approval to the board to proceed with the planning of an extension to the accident and emergency department at the hospital. The board is currently in consultation with my Department with a view to progressing this project.

Hospital Accommodation.

Dinny McGinley

Ceist:

522 Mr. McGinley asked the Minister for Health and Children the number of beds in Letterkenny General Hospital; if he has satisfied himself that said number is sufficient to cater for the needs of 140,000 in Donegal; if there are plans to increase the number of beds; and if he will make a statement on the matter. [11338/04]

Responsibility for the provision of services at Letterkenny General Hospital rests with the North Western 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.

Health Board Services.

Seán Haughey

Ceist:

523 Mr. Haughey asked the Minister for Health and Children the financial assistance available for parents of children who decide to organise resource teaching and speech therapy privately in situations where health boards have great difficulties providing such services; and if he will make a statement on the matter. [11339/04]

Responsibility for the provision of educational services, including school placement, transport and the provision of special needs assistants, resource teachers and so forth, for children with special needs is a matter for the Department of Education and Science. The health services provide a range of health related support services for children with special needs, including speech and language therapy.

One of the major difficulties facing the health services in delivering support services to children and adults with disabilities is the shortage of certain professionals, such as speech and language therapists, occupational therapists, physiotherapists and psychologists. Significant progress has been achieved in boosting the number of training places. Last year, the Minister for Education and Science and the Minister for Health and Children announced 150 additional therapy training places in speech and language therapy and occupational therapy.

There has also been a concerted overseas recruitment drive on behalf of all health boards, the introduction of a fast track working visa scheme for health and social care professionals and the streamlining of procedures for the validation of overseas qualifications. The success of these measures is reflected in the increase in the number of speech and language therapists and occupational therapists employed in the public health service over the three year period to end of 2002, with a 73% increase in occupational therapists and a 33% increase in speech and language therapists.

While there has been significant progress in enhancing the health related support services available to children with special needs, there is need for a continued programme of investment in this area. In the meantime, the Eastern Regional Health Authority and the health boards have been asked to explore other possibilities such as the purchase of additional therapy services.

Health Board Allowances.

Seán Haughey

Ceist:

524 Mr. Haughey asked the Minister for Health and Children the details of the domiciliary care allowance; the location where applications should be made; and if he will make a statement on the matter. [11340/04]

The domiciliary care allowance, DCA, was introduced in 1973 by way of circular 24/73 and is payable under section 61 of the Health Act 1970.

Domiciliary care allowance is a monthly allowance administered by health boards and may be paid in respect of eligible children, from birth to the age of 16 years, who have a severe disability requiring continual or continuous care and attention which is substantially in excess of that normally required by a child of the same age. The condition must be likely to last for at least one year. Eligibility is determined primarily by reference to the degree of additional care and attention required by the child rather than to the type of disability involved, subject to the means test. While no condition is debarred, conditions such as asthma, diabetes or epilepsy are not normally considered unless there is a high degree of additional care and attention required.

Since the allowance is intended as a recognition of the additional burden involved in caring for children with a severe disability in the child's home, it does not apply to children who are maintained full time in residential homes, schools or other institutions. Eligible children in part-time residential care who go home at weekends or holidays may receive a pro rata payment, that is, a nightly rate based on the number of nights spent at home. The nightly rate is equal to the monthly rate multiplied by 12 and divided by 365. However, the allowance is paid in full in cases where eligible children who live full time at home are absent for a period/s of not more than eight weeks in any 12 month period, that is, hospital admissions or respite.

It is a matter for the senior area medical officer or other designated medical officer in the relevant community care area to decide whether a child qualifies for domiciliary care allowance on medical grounds. The application form for domiciliary care allowance should be obtained by the client or their parent/guardian at local health board offices, completed and submitted to the appropriate community services office.

Health Board Services.

Seán Haughey

Ceist:

525 Mr. Haughey asked the Minister for Health and Children if the Northern Area Health Board will purchase and issue digital programmable hearing aids following the completion of the pilot scheme in this regard in July 2003; and if he will make a statement on the matter. [11341/04]

The Northern Area Health Board of the Eastern Regional Health Authority, ERHA, is responsible for procuring and supplying hearing aids for the health board community audiology service. The chief executive officer of the ERHA has informed my Department that a tendering process for the supply of hearing aids, including digital hearing aids, is under way. It is expected that this process will take at least two months. The prospects of offering contracts for the supply of digital hearing aids will be considered at the end of this tendering process.

Health Board Allowances.

Breeda Moynihan-Cronin

Ceist:

526 Ms B. Moynihan-Cronin asked the Minister for Health and Children the reason there is such an extraordinary delay in issuing a decision on an application for domiciliary care allowance for a person (details supplied) in County Kerry; the date the application was made; and when he expects that a decision will issue. [11342/04]

The assessment of entitlement to and payment of the domiciliary care allowance in any individual case is a matter for the relevant health board. Accordingly, a copy of the Deputy's question has been forwarded to the chief executive officer, Southern Health Board, with a request that he examine the case and reply directly to the Deputy as a matter of urgency.

Health Board Staff.

Michael D. Higgins

Ceist:

527 Mr. M. Higgins asked the Minister for Health and Children the details of such measures as he is taking to address problems associated with the recruitment of suitably qualified and specialist staff in the orthodontic services of the health boards in general and the Western Health Board in particular; if his attention has been drawn to the fact that the situation is urgent; if his attention has further been drawn to the fact that confining staff to a strict interpretation of the 1985 guidelines is unduly restrictive; if he proposes to change these; and if he will make a statement on the matter. [11344/04]

As the Deputy is aware, the provision of orthodontic services is a matter for the health boards/authority in the first instance. The aim of my Department is to develop the treatment capacity of orthodontics in a sustainable way over the longer term. Given the potential level of demand for orthodontic services, the provision of those services will continue to be based on prioritisation of cases based on treatment need, as happens under the existing guidelines.

The guidelines were issued in 1985. They are intended to enable health boards to identify in a consistent way those in greatest need and to commence timely treatment for them. Patients in category A require immediate treatment and include those with congenital abnormalities of the jaws, such as cleft lip and palate, and patients with major skeletal discrepancies between the sizes of the jaws. Patients in category B have less severe problems than category A patients and are placed on the orthodontic treatment waiting list. Patients in category C have less severe problems than in category B. The number of cases treated is dependent on the level of resources available, in terms of qualified staff, in the area and this is reflected in the treatment waiting list. In fact, the provision of orthodontic services is currently severely restricted in some health boards due to the limited availability of trained specialist clinical staff to assess and treat patients; consequently, a category C waiting list may not be maintained in some health boards.

However, I have taken a number of measures to address the shortage of specialists and so increase the treatment capacity of the orthodontic service. The grade of specialist in orthodontics has been created in the health board orthodontic service. In 2003, my Department and the health boards funded 13 dentists from various health boards, including two from the Western Health Board, for specialist in orthodontics qualifications at training programmes in Ireland and at three separate universities in the United Kingdom. These 13 trainees for the public orthodontic service are additional to the six dentists who commenced their training in 2001. Thus, there is an aggregate of 19 dentists in specialist training for orthodontics. These measures will complement the other structural changes being introduced into the orthodontic service, including the creation of an auxiliary grade of orthodontic therapist to work in the orthodontic area.

Furthermore, the commitment of the Department to training development is manifested in the funding provided to both the training of specialist clinical staff and the recruitment of a professor in orthodontics for the Cork Dental School. This appointment at the school will facilitate the development of an approved training programme leading to specialist qualification in orthodontics. The chief executive officer of the Southern Health Board has reported that the professor commenced duty on 1 December 2003.

In recognition of the importance of this post at Cork Dental School, my Department has given approval in principle to a proposal from the school to further substantially improve the training facilities there for orthodontics. This project should see the construction of a large orthodontic unit and support facilities; it will ultimately support an enhanced teaching and treatment service to the wider region under the leadership of the professor of orthodontics.

Orthodontic initiative funding of €4.698 million was provided to the health boards/authority in 2001 and this has enabled health boards to recruit additional staff, engage the services of private specialist orthodontic practitioners to treat patients and build additional orthodontic facilities. In June 2002, my Department provided additional funding of €5 million from the treatment purchase fund to health boards specifically for the purchase of orthodontic treatment. This funding is enabling boards to provide both additional sessions for existing staff and purchase treatment from private specialist orthodontic practitioners.

Finally, the chief executive officers of the health boards/authority have informed my Department that at the end of the March quarter 2004, there were 21,033 children receiving orthodontic treatment in the public orthodontic service. This means that there are nearly twice as many children getting orthodontic treatment as there are children waiting to be treated and almost 4,000 extra children are getting treatment from health boards/authority since the end of 2001.

Liz McManus

Ceist:

528 Ms McManus asked the Minister for Health and Children the reason the request to have a second consultant rheumatologist appointed to the Western Health Board has been refused; the criteria for having a second rheumatologist appointed in this area; and if he will make a statement on the matter. [11360/04]

The expansion of existing rheumatology services is initially a matter for the Western Health Board based on relative priority accorded to the service by the board. The board has prepared a strategic plan for the development of rheumatology services in the region which proposes the appointment of additional rheumatologists. I agree that there is a need for additional investment in rheumatology services both in the west and in other regions. However, the question of funding for additional posts in the west can only be considered in the context of available resources and the Western Health Board's overall priorities for services in 2004 in the acute hospital sector.

Comhairle na nOspidéal, which is the statutory body with responsibility for regulating the number and type of appointments of consultant medical staff in hospitals providing services under the Health Acts, carried out a review of rheumatology and rehabilitation services in 1995 and, in the context of this, is currently examining the Irish Society of Rheumatology, ISR, report, "Rheumatology Manpower Report 2002", which examines the current state of rheumatology services and identifies the resources needed to develop this service. Future planning requirements will be considered by myself and my Department in the context of the Comhairle na nOspidéal examination.

Smoking Ban.

Mary Upton

Ceist:

529 Dr. Upton asked the Minister for Health and Children if he will investigate repeated breaches of smoking by-laws on Dublin Bus services; and if he will make a statement on the matter. [11363/04]

Smoking is prohibited on all public service vehicles owned or operated by Dublin Bus. Under Dublin Bus by-laws, authorised persons, including inspectors, drivers and conductors, have powers to enforce regulations in this area. I am advised that Dublin Bus currently operates plain clothes monitoring to detect breaches of smoking by-laws on its services. Dublin Bus has also advised that 350 prosecutions were processed in 2003 with fines ranging up to €300. To date this year, 80 prosecutions have been brought or are being processed.

Dublin Bus has reported that complaints about breaches of smoking by-laws on its services have decreased since the introduction of the smoke free workplaces measures last month. It is in everyone's interest that the prohibition on smoking on bus services is observed and enforced to ensure protection of passengers and Dublin Bus personnel from the harmful effects of toxic environmental tobacco smoke.

Health Board Staff.

John McGuinness

Ceist:

530 Mr. McGuinness asked the Minister for Health and Children the reason for the delay in giving approval to the ERHA for the appointment of a health care training officer in view of the fact that the authority have identified a suitable candidate following interviews in December 2003; when formal sanction will be given; and if he will make a statement on the matter. [11366/04]

In January 2004, following the completion of the recruitment competition, sanction for the filling of the post was conveyed by my Department to the area chief executive of the East Coast Area Health Board, ECAHB. My Department has been informed by the ECAHB that subject to successful completion of final checks, an appointment to the post will be made shortly.

Hospital Services.

John McGuinness

Ceist:

531 Mr. McGuinness asked the Minister for Health and Children the reasons for the delay in admitting a person (details supplied) in County Kilkenny to Beaumont Hospital for surgery; if the matter will be expedited in view of the fact that this person had a stroke in March 2004 and the case is urgent; and if he will make a statement on the matter. [11367/04]

Responsibility for the provision of services for people resident in County Kilkenny is, in the first instance, a matter for the South Eastern Health Board. My Department has, therefore, asked the chief executive officer of the South Eastern Health Board to investigate the matter and reply directly to the Deputy.

Health Board Services.

Paul Connaughton

Ceist:

532 Mr. Connaughton asked the Minister for Health and Children if he will request the Western Health Board to allow the board of directors of BACD to tender for the purchase of the nurses home in Ballinasloe, County Galway; and if he will make a statement on the matter. [11379/04]

The provision of health services in the Galway 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 direct to him as a matter of urgency.

Replies to Parliamentary Questions.

Gay Mitchell

Ceist:

533 Mr. G. Mitchell asked the Minister for Health and Children the number of parliamentary questions tabled to him by this Deputy that were referred to the chief executive of health boards and which have not been replied to; and if he will make a statement on the matter. [11376/04]

My practice, and that of my predecessors as Minister for Health and Children, is to provide as informative a reply as possible to parliamentary questions where the subject matter is appropriate to my Department.

Many of the questions asked by the Deputy are concerned with matters which are properly the responsibility of health boards, the ERHA or other statutory agencies which are directly accountable for their decisions and actions. To facilitate Deputies asking such questions, it is the practice in my Department to forward such questions immediately to the agency in question and to request that they examine the matter raised and reply to the Deputy concerned as speedily as possible.

My Department has taken various measures to emphasise to the management of health agencies the importance of parliamentary questions and other forms of public accountability as an intrinsic part of the exercise of modern public management. The entire framework for responding to complaints and for addressing public accountability requirements is an integral part of the health reform programme currently being implemented.

Health Board Expenditure.

Paul Connaughton

Ceist:

534 Mr. Connaughton asked the Minister for Health and Children the amount of money that has been spent on the Grove Hospital — Bon Secours — Tuam, County Galway, since it was purchased by the Western Health Board; if he will itemise the main headings where such money was spent; and if he will make a statement on the matter. [11381/04]

The provision of health services in the Galway area is, in the first instance, the responsibility of the Western Health Board. The board has supplied the following information on expenditure on the Grove Hospital since its purchase: security — €41,740; feasibility study fees — €33,348; signage — €1,766; heating — €7,500; fire, health and safety — €5,678; waste disposal — €315; Eircom — €200; total — €90,547.

My Department is at present examining the health capital programme for 2004 and beyond to ascertain what new projects can be progressed through either planning or construction stages, taking account of existing commitments and overall funding resources available. It is in this context that my Department will continue to liaise with the Western Health Board regarding the proposed development in Tuam in light of the board's overall capital funding priorities.

Medical Aids and Appliances.

John McGuinness

Ceist:

535 Mr. McGuinness asked the Minister for Health and Children if the provision of a power chair will be expedited for a person (details supplied) in County Kilkenny in view of the fact that they have been diagnosed with multiple sclerosis and have difficulty with a manual wheelchair; and if he will make a statement on the matter. [11384/04]

The provision of aids and appliances, including wheelchairs, is a matter for the relevant health board. Accordingly, the Deputy's question has been referred to the chief executive officer, South Eastern Health Board, with a request that he examine the matter and reply directly to the Deputy as a matter of urgency.

Health Board Services.

John McGuinness

Ceist:

536 Mr. McGuinness asked the Minister for Health and Children if ongoing care will be provided by the South Eastern Health Board for a person (details supplied) in County Kilkenny in view of the fact that their medical condition and the family support they have is at this location; and if he will expedite an early decision in the case. [11385/04]

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

Medical Cards.

John McGuinness

Ceist:

537 Mr. McGuinness asked the Minister for Health and Children if an appeal for a medical card for a person (details supplied) in County Kilkenny will be expedited. [11403/04]

Responsibility for the provision of a medical card is, by legislation, a matter for the chief executive officer of the relevant health board-authority. My Department has, therefore, asked the chief executive of the South Eastern Health Board to investigate the matter raised by the Deputy and to reply to him directly.

Hospital Staff.

John Bruton

Ceist:

538 Mr. J. Bruton asked the Minister for Health and Children if he plans to increase the number of consultant urologists serving in the health system in view of the two year waiting list for diagnosis of cancers in which urologists are specialised. [11407/04]

Comhairle na nOspidéal, which is the statutory body with responsibility for regulating the number and type of appointments of consultant medical staff in hospitals providing services under the Health Acts, is currently undertaking an examination of urology services in the country. Future requirements for urology services will be decided on the basis of any recommendations made by Comhairle na nOspidéal in this context.

Since 1997 there has been a cumulative additional investment of €550 million in the development of appropriate treatment and care services for people with cancer. During this period a total of 91 additional consultants have been approved in key areas of cancer care. These include oncologists, histopathologists, radiologists, haematologists, palliative care, radiation oncologists and surgeons with a special interest in breast disease.

Services for People with Disabilities.

Richard Bruton

Ceist:

539 Mr. R. Bruton asked the Minister for Health and Children if his attention has been drawn to the difficulty for many children with special needs in gaining access to specialist back-up services which are supplied only through health funded agencies; if his attention has been further drawn to the difficulty of the Beechpark service in meeting the demands on its resources; and if he has proposals to develop a more integrated service for delivering health board based and education based services to children who need them. [11418/04]

Additional funding amounting to approximately €16 million has been provided since 1998 for services to children with intellectual disability and those with autism. Children with physical or sensory disabilities would also have benefited from the additional funding provided for those services in recent years.

One of the major difficulties facing the health services in delivering support services to children and adults with disabilities is the shortage of certain professionals, such as speech and language therapists, occupational therapists, physiotherapists and psychologists. Significant progress has been achieved in boosting the number of therapy training places. Last year, the Minister for Education and Science and the Minister for Health and Children announced 150 additional therapy training places in speech and language therapy and occupational therapy.

There has also been a concerted overseas recruitment drive on behalf of all health boards, the introduction of a fast track working visa scheme for health and social care professionals and the streamlining of procedures for the validation of overseas qualifications. The success of these measures is reflected in the increases in the numbers of speech and language therapists and occupational therapists employed in the public health service over the three year period to end of 2002, with a 73% increase in occupational therapists and a 33% increase in speech and language therapists. While there has been significant progress in enhancing the health related support services available to children with special needs, there is a need for a continued programme of investment in this area.

Responsibility for the provision of services in the eastern region is a matter, in the first instance, for the Eastern Regional Health Authority. My Department has, therefore, asked the regional chief executive of the authority to investigate the matter raised by the Deputy and reply directly to him.

Nursing Home Subventions.

Michael Ring

Ceist:

540 Mr. Ring asked the Minister for Health and Children if a person who returns home in their mature years after years of working abroad will be entitled to apply and receive nursing home subvention. [11420/04]

Entitlement to health services in Ireland is primarily based on residency and means. Any person, regardless of nationality, who is accepted by the health boards as being ordinarily resident in Ireland is entitled to either full eligibility — category 1, that is, medical card holders — or limited eligibility — category 2 — for health services. Health boards normally regard a person as "ordinarily resident" in Ireland if he/she satisfies the health board that it is his/her intention to remain in Ireland for a minimum period of one year.

If the person in question applies to the health board and the board assesses him/her as requiring full-time care, then the board may offer the person a place in a health board facility. Alternatively, the person may apply to the board for a nursing home subvention. Such an application will be processed in the normal manner by the health board, including a means and a dependency assessment of the applicant.

Health Board Services.

Michael Ring

Ceist:

541 Mr. Ring asked the Minister for Health and Children the number of persons who were placed in nursing homes from Mayo General Hospital in County Mayo as a result of funding provided to the Western Health Board from the winter initiative; the number of nursing home beds that were in use; and the nursing homes that were involved. [11421/04]

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 direct to him as a matter of urgency.

Organ Retention.

Dan Neville

Ceist:

542 Mr. Neville asked the Minister for Health and Children when he expects the final report of the Dunne inquiry in respect of organs of relatives retained without permission in this State; and if he will make a statement on the matter. [11422/04]

The inquiry, chaired by Ms Anne Dunne, S.C., has been asked to review post-mortem policy, practice and procedure in all hospitals in the State since 1970, particularly relating to organ removal, retention and disposal.

Following consultations which I had with the chairman in late 2002, it was agreed that the inquiry would give priority to the completion of its work in respect of post-mortem issues in paediatric hospitals with a view to furnishing a report by the end of 2003. This was to be followed by a second report on post-mortem issues in maternity hospitals and a third report relating to other hospitals. In recent correspondence, the inquiry has informed me that it has not proved possible to complete the report on paediatric hospitals within that timeframe as matters have taken longer to conclude than previously anticipated.

The inquiry advises that, with some exceptions, the information gathering in paediatric hospitals is complete and the issue of analysing the information and establishing which matters remain in dispute has been concluded. The inquiry must now deal with the resolution of matters in dispute and the conclusion of the report. This involves: communication to participants of matters in dispute; written evidence on matters in dispute; such oral hearings as are necessary about matters in dispute; resolution of such matters; opportunity for participants to make submissions where the report proposes to make criticisms.

The inquiry further advises that it has at all times kept in mind the need to be in a position to proceed with its work regarding the maternity hospitals as soon as the paediatric hospitals report has been completed. The inquiry has, therefore, continued to work in this regard to ensure that all documentation will be available to the inquiry when required. Preparation for report on other hospitals continues but the primary concern of the inquiry at present is the completion of the report on paediatric hospitals.

Hospital Services.

Michael Ring

Ceist:

543 Mr. Ring asked the Minister for Health and Children the reason a person (details supplied) in County Mayo was refused admission to Belmullet District Hospital; and the procedures that are in place for a person when they are refused admission to a hospital. [11423/04]

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 direct to him as a matter of urgency.

Care of the Elderly.

Richard Bruton

Ceist:

544 Mr. R. Bruton asked the Minister for Health and Children if he has set standards for the availability of certain services for older persons per head of population, which would act as a benchmark for service delivery; and the standards of delivery per head of population which he applies here which compare to guidelines in the UK or other European countries. [11440/04]

Policy on the development of services for older people is as set out in the report, The Years Ahead — a Policy for the Elderly, which was published in 1988. The recommendations contained in the national council on ageing and older people's review of the years ahead report, together with priority areas highlighted by health boards and the Eastern Regional Health Authority, were taken into account when the health strategy, Quality and Fairness — A Health System for You, which was published in 2001, was being prepared. Norms for service provision as set out in the health strategy bear reasonable comparison to those used by other EU and developed countries and are widely accepted as appropriate to meet the needs of older people.

Figures from the 2002 census compiled by the Central Statistics Office suggest that the average age of the population is increasing. The 2002 census indicates that in 2002, 11.13% of the Irish population was aged over 65 years, which represents an increase of 5.4% on the 1996 figure. Forecasts suggest that by 2031 this figure will have more than doubled and that the percentage of the population aged over 65 years will be between 18% and 21% at that stage. The Government is aware of this trend and, in fact, addressed some of the issues arising from it in its health strategy.

In so far as the development of services to meet an increasing population of older people is concerned the health strategy outlined the need for the following developments: in community services — recruitment of a multi-disciplinary range of staff to support the development of primary care services such as domiciliary care and day and respite services and the provision of 7,000 day centre places; in hospital services — 1,370 additional assessment and rehabilitation beds; associated development of acute geriatric medical services and appointment of additional geriatricians; 600 additional day hospital beds with facilities encompassing specialist areas such as falls, osteoporosis treatment, fracture prevention, Parkinson's disease, stroke prevention, heart failure and continence promotion clinics; in residential care — 5,600 additional extended care/community nursing unit places over a seven to ten year period, including provision for people with dementia; improved staffing levels in extended care units.

The provision of the above services is contingent on the necessary resources being made available. With regard to performance, national standards for community and long-term residential care of older people will be prepared.

Since 1997, over €280 million in additional revenue funding has been provided for the development of services for older people. In addition, significant capital funding has been made available through the national development plan for the provision of additional extended care beds and associated facilities around the country. Proposals are also being developed for the provision of an extra 850 long-stay beds in the Eastern Regional Health Authority and Southern Health Board areas under a public private partnership pilot scheme.

Richard Bruton

Ceist:

545 Mr. R. Bruton asked the Minister for Health and Children if he will commission a report from the health authorities and from other outside experts on the adequacy of day units for the treatment of older persons without admission to hospital and of the adequacy of support services for older persons who have suffered stroke; and if service standard targets for each region of the country will be published. [11441/04]

The policy of my Department regarding the care of older people is to maintain them in dignity and independence in their own home for as long as possible in accordance with their wishes. This policy was first enunciated in the Care of the Aged Report which was published in 1968 and confirmed in the report, The Years Ahead — a Policy for the Elderly, published in 1988. Numerous research studies have shown that the vast majority of older people have a preference to remain living in their own home for as long as possible rather than moving into long-stay residential care.

Older people who suffer strokes are treated in acute hospitals where appropriate and are discharged subject to the necessary after care package being put in place. Since my appointment as Minister of State, I have been encouraging the authority and the health boards to introduce personal care packages for older people as an alternative to long-stay residential care. Personal care packages are specifically designed for the individual concerned and could possibly include the provision of a home help service, home subvention payments, arrangements for attendance at a day centre or day hospital and other services, such as twilight nursing. Personal care packages allow older persons the option of remaining living in their own home rather than going into long-stay residential care.

There is commitment in the national health strategy to provide 1,370 additional assessment and rehabilitation beds, plus 600 additional hospital beds with facilities encompassing specialist areas such as falls, osteoporosis treatment, fracture prevention, Parkinson's disease, stroke prevention, heart failure and continence promotion clinics. These additional services are, of course, dependent on overall funding resources available.

Health Board Services.

Pádraic McCormack

Ceist:

546 Mr. McCormack asked the Minister for Health and Children if he will make funds available to the Western Health Board to enable it to have a system of support for the general practitioners in the Ros Muc and Carna areas, County Galway; and if he will make a statement on the matter. [11461/04]

The GMS contract provides for the allocation of €635,000 annually to health boards for the purpose of supporting general practitioners who have onerous out of hours rota arrangements in place. The 2003 allocation to the Western Health Board was made in February of this year. Decisions on the actual amounts distributed to individual general practitioners are made by the health boards concerned. The 2004 allocation will be made to health boards later this year.

Hospital Staff.

Conor Lenihan

Ceist:

547 Mr. C. Lenihan asked the Minister for Health and Children the measures he proposes to take in reducing the level of administrative waste within the hospital sector; his timetable for such reductions; and the timeframe within which he hopes to achieve his targeted reductions. [11462/04]

Conor Lenihan

Ceist:

548 Mr. C. Lenihan asked the Minister for Health and Children the number of non-medical staff employed in the hospital services; and the way in which this compares to other European countries. [11463/04]

Conor Lenihan

Ceist:

549 Mr. C. Lenihan asked the Minister for Health and Children the growth in the number of non-medical staff employed in hospitals here between the years 1990 and 2004; and the figures or breakdown for each year involved. [11464/04]

I propose to take Questions Nos. 547 to 549, inclusive, together.

I understand that the Deputy is referring to the number of management and administrative staff employed in the health service generally and in the acute hospital sector in particular. The information requested by the Deputy on employment levels for particular categories of health service staff is set out in the following table. It is important to note that caution should be exercised in comparing growth in numbers employed over the period among the different grade categories, as changes in grade classifications have given rise to a lack of continuity in the data series.

As far as the question of administrative economy is concerned, the Deputy may wish to note that almost two-thirds, 64%, of health services personnel formally classified as "management/administrative" are involved in direct service provision to the public. In fact, it is estimated that only 6% of health services personnel are employed in a purely administrative capacity. It is important to emphasise that these administrative staff work in areas that are critical to the effective running of the health services such as payroll, accounts, financial and human resource management, including training, freedom of information and general management. In this regard the report of the commission on financial management and control systems in the health service, chaired by Professor Niamh Brennan, concluded that there was no evidence to support the perception that administrative staff, rather than those providing a direct patient service, have disproportionately absorbed additional resources allocated to the health service over recent years.

While my Department does not hold comparable employment information for other EU countries, recently published UK National Health Service data indicate that the number of staff employed in administrative grades is broadly in line with the Irish figures on a proportionate basis.

With regard to reductions in health service staffing, the Government decided in December 2002 that the contribution of the health service to the overall reduction in public sector employment should be limited to a total of 600 personnel in WTE terms in the period to end-2005 or 200 staff per annum, in view of the high proportion of health service personnel engaged in front line service delivery posts. Given that the health service accounts for in excess of 30% of overall public service employment, a pro rata application of the Government’s targeted reduction in public service employment of 5,000 would have required an aggregate reduction in health service employment of 1,728 staff in wholetime equivalent, WTE, terms.

Total Health Service employment end-1990 to end-2003

Grade Category

1990

1991

1992

1993

1994

1995

1996

1997

1998

1999

2000

2001

2002

2003

Increase 1990-2003

Management/ Administrative1 — Direct Patient Services2

4,433

4,534

4,647

4,849

5,090

5,269

5,449

5,896

6,320

7,066

8,244

9,810

10,460

10,511

6,078

Management/ Administrative1 — Other3

2,216

2,267

2,324

2,425

2,545

2,635

2,724

2,948

3,160

3,533

4,122

4,905

5,230

5,255

3,039

General Support Staff and Other Patient and Client Care

18,385

18,298

18,377

18,577

19,182

19,558

20,065

20,705

21,973

22,928

25,216

28,645

27,242

27,485

9,100

Health and Social Care Professionals

4,180

4,299

4,395

4,628

5,024

5,345

5,576

5,969

6,422

6,836

7,613

9,228

12,577

12,690

8,510

Medical/Dental

3,994

4,100

4,155

4,310

4,417

4,581

4,684

4,976

5,153

5,385

5,698

6,285

6,775

6,792

2,799

Nursing

24,574

25,118

25,771

26,220

26,839

27,267

27,170

27,346

26,611

27,044

29,177

31,429

33,395

33,766

9,192

Total

57,782

58,615

59,669

61,010

63,097

64,655

65,669

67,841

69,640

72,793

80,070

90,302

95,679

96,499

38,717

Source: Department of Health & Children Personnel Census (31 December)
Note 1: The breakdown of the Management/Administrative grade category into Direct Patient Services/Other is based on analysis undertaken by the Regional Health Board's Directors of Human Resources in October 2001 and has been applied retrospectively for comparative purposes.
Note 2: Management/Administrative —Direct Patient Services are staff who are of direct service to the public and include consultant’s secretaries, out-patient departmental personnel, medical records personnel, telephonists and other staff who are engaged in front-line duties.
Note 3: Management/Administrative —Other are staff in the following categories payroll, human resource management (including training), service managers, IT staff, general management support and legislative and information requirements.
Note 4: All figures are expressed in wholetime equivalents.
of which: Acute Hospital employment end-1990 to end-2003

Grade Category

1990

1991

1992

1993

1994

1995

1996

1997

1998

1999

2000

2001

2002

2003

Increase 1990-2003

Management/ Administrative1 — Direct Patient Services2

1,757

1,856

1,926

2,023

2,157

2,223

2,287

2,523

2,870

3,205

3,541

4,280

4,502

4,631

2,874

Management/ Administrative1 — Other3

879

928

963

1,012

1,078

1,112

1,143

1,261

1,435

1,603

1,771

2,140

2,251

2,316

1,437

General Support Staff Other Patient and Client Care

6,568

6,596

6,708

6,764

6,989

7,061

7,137

7,514

8,102

8,318

8,979

9,979

10,080

10,140

3,572

Health and Social Care Professionals

2,344

2,406

2,483

2,573

2,729

2,785

2,926

3,143

3,533

3,825

4,141

4,764

5,127

5,172

2,827

Medical/Dental

2,678

2,742

2,811

2,886

2,978

3,089

3,165

3,450

3,784

3,989

4,252

4,677

5,061

5,076

2,398

Nursing

12,160

12,348

12,679

12,983

13,416

13,683

13,315

13,764

13,932

14,171

15,666

16,603

18,022

18,141

5,981

Total

26,386

26,876

27,570

28,241

29,347

29,954

29,973

31,654

33,657

35,111

38,350

42,443

45,044

45,475

19,090

Source: Department of Health & Children Personnel Census (31 December)
Note 1: The breakdown of the Management Administrative grade category into Direct patient Services/ Other is based on analysis undertaken by the Regional Health Board's Directors of Human Resources in October 2001 and has been applied retrospectively for comparative purposes.
Note 2: Management/ Administrative —Direct Patient Services are staff who are of direct service to the public and include Consultant’s Secretaries, Out-Patient Departmental Personnel, Medical Records Personnel, Telephonists and other staff who are engaged in front-line duties.
Note 3: Management/ Administrative —Other are staff in the following categories Payroll, Human Resource Management (including training), Service Managers, IT Staff, General Management Support and Legislative and Information Requirements.
Note 4: All figures are expressed in wholetime equivalents.

Hospital Services.

Conor Lenihan

Ceist:

550 Mr. C. Lenihan asked the Minister for Health and Children his views on the mooted merger between Tallaght Hospital and St. James’s; and his further views on such a move if it involves a significant improvement in services at both hospitals and reduces administrative overlap between the two hospitals. [11465/04]

Conor Lenihan

Ceist:

551 Mr. C. Lenihan asked the Minister for Health and Children if the mooted merger between Tallaght Hospital and St. James’s will only be approved by him when he is certain that such a merger will not involve a diminution in the services currently offered by Tallaght Hospital. [11466/04]

I propose to take Questions Nos. 550 and 551 together. I understand that informal exploratory discussions have been taking place between St. James's Hospital, the Adelaide and Meath Hospital, incorporating the National Children's Hospital, Tallaght, and the Medical Faculty of Trinity College Dublin regarding the scope for the integration of their governance structures.

It will be for the three institutions, in the first instance, to come to a view as to whether such integration would be in their best interests. As far as I am aware, there is no question of any change in governance arrangements without the agreement of all the parties involved nor is there any question of a diminution of services.

Health Board Services.

Conor Lenihan

Ceist:

552 Mr. C. Lenihan asked the Minister for Health and Children the timetable for his plans to be implemented in relation to the reduction of the number of health boards; the savings he hopes to achieve by such a move; and the improvements in the hospital services being envisaged by this move. [11467/04]

The health service reform programme provides for the modernisation of the health service and the achievement of the goals and objectives of the national health strategy, Quality and Fairness — A Health System for You. The Health (Amendment) Bill 2004, which was published on 16 April 2004, represents a further phase in the implementation of the reform programme. It provides for the termination of office of the members of the seven health boards, the Eastern Regional Health Authority and its three area health boards. The Bill also assigns the functions, which are currently carried out by the members of the boards or authority to the chief executive officers of the boards or authority or the Minister, as appropriate. The Bill is an interim measure and is currently before the Houses of the Oireachtas.

In addition, it is my intention to publish a second Bill later in the year to provide for the establishment of the health service executive, HSE, and the health information and quality authority, HIQA, on a statutory basis. This further legislation will also provide the legislative basis for other aspects of the reform programme such as improved governance and accountability, planning and monitoring and evaluation. My intention is to have this legislation introduced by December 2004 so as to have the HSE in place in January 2005.

Both the Brennan and Prospectus reports which are central to the reform programme speak of the likelihood of savings in the implementation of their respective recommendations. However, the Prospectus report also states that it is extremely difficult to accurately predict the true financial impact of programmes of this scale. The re-alignment and streamlining of functions and structures in the health system are expected to generate efficiency gains over time and any resources freed up will be re-invested in strengthening front line services. I am satisfied that the new arrangements, combined with the introduction of system-wide best practice governance and accountability systems, will ensure a stronger, more effective health system and an improved health service for patients and clients.

Smoking Ban.

Conor Lenihan

Ceist:

553 Mr. C. Lenihan asked the Minister for Health and Children if he will report on the success to date of the implementation of the smoking ban and the advice his Department is giving in relation to the smoking of herbal cigarettes in public houses or other places in which the smoking ban operates. [11468/04]

On 29 March last, most enclosed places of work became smoke free. The primary purpose of this measure is to protect the health of workers and the public from exposure to toxic environmental tobacco smoke. The response to date across all sectors is very positive with compliance at a very high level. The successful introduction of the new measure reflects the widespread public support and goodwill that exists for a clean smoke-free environment in the workplace. As herbal cigarettes are not classified as tobacco products, their smoking is not prohibited under the smoke-free workplaces measures. A decision to allow the consumption of these products in premises where the smoking of tobacco products is prohibited is a matter for the management of the premises concerned.

Nursing Home Subventions.

Mary Upton

Ceist:

554 Dr. Upton asked the Minister for Health and Children his views on the provision of nursing home care for the elderly; and his further views on the future of the nursing home subvention and the requirement on elderly persons going into care to sell their houses. [11470/04]

The Health (Nursing Homes) Act 1990 which came into effect on 1 September 1993 has two principal objectives. The first is to ensure high standards of accommodation and care in all nursing homes registered under the Act and the second is to provide a new system of nursing home subvention so that dependent persons most in need of nursing home care will have access to such care. The most recent information available indicates that approximately 400 homes had been registered, with 8,300 people in receipt of subvention. The subvention scheme was never intended to pay the full costs of private nursing home care but to give some financial assistance to those people most in need.

The rates of subvention are €114.30, €152.40 and €190.50 per week depending on whether the assessed level of dependency is medium, high or maximum. A sum of €5 million was allocated for the scheme when it was introduced in 1993. However, due to a range of factors, including demographics, increasing levels of dependency and economic circumstances, the costs of the scheme have risen as follows: 1993, €5 million; 1994, €15.192 million; 1995, €19.345 million; 1996, €21.438 million; 1997, €35.361 million, including €5 million once-off; 1998, €30.282 million; 1999, €42.129 million; 2000, €48.439 million; 2001, €66.973 million; 2002, €102.94 million; and 2003, €110 million. An additional sum of €3.749 million was made available in 2004 bringing total expenditure on the scheme to €113.749 million.

A review of the nursing home regulations is also underway. This review will look at all aspects of the scheme including the allowances given for assets, assessment procedures for means and dependency. The Department is also in the process of consulting all stakeholders with an interest in the scheme to hear their views on how it might be improved to benefit the most important people involved, that is the patients. As mentioned earlier, if a person opts for private nursing home care and seeks a subvention from the State, a means test is employed to take into account the value of that person's property. This is only done if that person does not have a dependent relative or a relative in receipt of certain social welfare payments in residence in the house. One of the terms of reference of the review group on the nursing home subvention scheme is to make recommendations on an equitable means assessment test for subvention.

It may be of interest to the Deputy to note that my colleague, the Minister for Social and Family Affairs, Deputy Coughlan, recently launched a publication, Study to Examine the Future Financing of Long-Term Care in Ireland, prepared by Mercer Limited. The objective of this study was, inter alia, to look at the best ways to structure support for long-term care and to look at the most effective and equitable methods of funding.

Smoking Ban.

Gerard Murphy

Ceist:

555 Mr. Murphy asked the Minister for Health and Children the nature of the regulations governing the smoking ban in community hospitals with particular reference to long stay patients. [11483/04]

The smoke-free workplaces measures apply, with limited exceptions, to all enclosed places of work. The exemptions are specified in the Public Health (Tobacco) (Amendment) Act 2004. Where a community hospital meets the requirements so specified an exemption will apply. A decision to allow the smoking of tobacco products in exempted premises is a matter for the management of the premises concerned. However, the fact that a premises is exempted does not confer a right to smoke in that location and neither does it affect the duty of care an employer has in respect of his or her employees.

Services for People with Disabilities.

Finian McGrath

Ceist:

556 Mr. F. McGrath asked the Minister for Health and Children if the maximum advice and practical support will be given to a person (details supplied) in Dublin 5; and if he will work closely with Dublin City Council on the case. [11485/04]

The provision of health related support 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 chief executive officer 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.

Health Board Services.

Finian McGrath

Ceist:

557 Mr. F. McGrath asked the Minister for Health and Children if the maximum support and assistance will be given to a person (details supplied) in Dublin 10; and if he will make a statement on the matter. [11486/04]

Responsibility for the provision of health services to persons residing in Counties Dublin, Kildare and Wicklow rests with the Eastern Regional Health Authority. My Department has, therefore, asked the regional chief executive of the authority to investigate the matter raised by the Deputy and to reply to him directly.

Pharmacy Regulations.

John Perry

Ceist:

558 Mr. Perry asked the Minister for Health and Children if his attention has been drawn to the fact that the Council of the Pharmaceutical Society of Ireland has recently passed a motion seeking the mandatory use of child resistant closure containers and modified its code of practice for good pharmaceutical practice to reflect the resolution; if his attention has been further drawn to the fact that this code of practice is binding on members of the Pharmaceutical Society of Ireland although not yet statutory; when this legislation will be in place in view of the fact that the business plan of a person (details supplied) in County Sligo is dependent on it; and if he will make a statement on the matter. [11487/04]

This matter has been examined within my Department on a number of occasions and it was concluded that it would not be appropriate to introduce regulations requiring the mandatory use of child resistant containers for all medicinal products. While it is essential to ensure that children are protected from the risk of accidental poisoning by medicinal products, it is also necessary to ensure that the interests of persons with a disability, who may experience difficulties with this type of product, are taken into account. If a regulation were to be introduced in this area, the number of exemptions which would be required would effectively render such a regulation impractical. It is therefore more appropriate to protect children in this instance by a professional code of practice such as that introduced by the Pharmaceutical Society of Ireland.

It is a requirement under the Medicinal Products ( Prescription and Control of Supply ) Regulations 2003 that all dispensed medicinal products carry a warning advising that such products should be kept out of the reach of children. Accordingly, parents and others responsible for the care of children should ensure that all medicinal products, or indeed any potentially harmful substances, are stored in an area which is inaccessible to children.

Special Educational Needs.

Paul McGrath

Ceist:

559 Mr. P. McGrath asked the Minister for Health and Children the resources available from his Department or health boards for pre-school children with special needs to enable them to take their place in primary school. [11488/04]

Responsibility for the provision of educational services, including school placement, transport and the provision of special needs assistants, resource teachers etc. for children with special needs is, as the Deputy is aware, a matter for the Department of Education and Science. The health services provide a range of health related support services for children with special needs, including speech and language therapy, occupational therapy, physiotherapy, psychology, social work and, in some cases, nursing. Additional funding amounting to approximately €16 million has been provided since 1998 for services to children with intellectual disability and those with autism. Children with physical or sensory disabilities would also have benefited from the additional funding provided for those services in recent years.

One of the major difficulties facing the health services in delivering support services to children and adults with disabilities is the shortage of certain professionals such as speech and language therapists, occupational therapists, physiotherapists and psychologists. Significant progress has been achieved in boosting the number of therapy training places. Last year the Minister for Education and Science and the Minister for Health and Children announced 150 additional therapy training places in speech and language therapy and occupational therapy. There has also been a concerted overseas recruitment drive on behalf of all health boards, the introduction of a fast track working visa scheme for health and social care professionals and the streamlining of procedures for the validation of overseas qualifications. The success of these measures is reflected in the increases in speech and language therapists and occupational therapists employed in the public health service over the three year period to end of 2002, with a 73% increase in occupational therapists and a 33% increases in speech and language therapists.

While there has been significant progress in enhancing the health related support services available to children with special needs, there is a need for a continued programme of investment in this area.

Health Board Services.

Emmet Stagg

Ceist:

560 Mr. Stagg asked the Minister for Health and Children the reason for the delay in the provision of an artificial leg to a person (details supplied) in County Kildare; and if he will make a statement on the matter. [11489/04]

Responsibility for the provision of health services to persons residing in Counties Dublin, Kildare and Wicklow rests with the Eastern Regional Health Authority. My Department has, therefore, asked the regional chief executive of the authority to investigate the matter raised by the Deputy and to reply to him directly.

Finian McGrath

Ceist:

561 Mr. F. McGrath asked the Minister for Health and Children if urgent assistance will be given to a person (details supplied) in Dublin 9; and if he will make this a priority case. [11498/04]

Responsibility for the provision of health services to persons living in Counties Dublin, Kildare and Wicklow rests with the Eastern Regional Health Authority. My Department has, therefore, asked the regional chief executive of the authority to investigate the matter raised by the Deputy and to reply to him directly.

Grant Payments.

Paul Kehoe

Ceist:

562 Mr. Kehoe asked the Minister for Health and Children the grants which have been awarded to organisations in County Wexford in respect of playgrounds area play equipment; and if he will make a statement on the matter. [11516/04]

The issue of provision of play facilities for children in Ireland has been addressed in the recently published Ready, Steady, Play: A National Play Policy. This policy, published on 8 March, provides a framework for the development of public play facilities in Ireland, with the overall aim of ensuring that children have access to a range of quality play opportunities to enrich their childhood. At the launch of the policy, the Minister of State with special responsibility for children, Deputy Brian Lenihan, announced details of a €1 million grant scheme for local authorities. The purpose of the scheme, which is being jointly administered by the National Children's Office, NCO, and the Department of the Environment, Heritage and Local Government, is to enhance the provision of publicly provided playgrounds around the country through the development of new and refurbishment of existing playgrounds.

The scheme comprises of two stages. Under stage 1, applications for funding where sought from all city and county councils in March. Local authorities were asked to nominate one project and to agree to fulfil a number of criteria relating to it. The closing date for this stage has now passed. Applications successful in this stage will be invited to proceed to the second stage which involves the local authorities putting forward a more detailed outline of their proposal. It is expected that the results of stage 1 will issue shortly. Wexford County Council made an application in regard to a project in Templeshannon, Enniscorthy. The NCO and the Department of the Environment, Heritage and Local Government have begun the evaluation of the applications and a letter will issue shortly indicating whether the Wexford County Council proposal was successful in stage 1. It is anticipated that a final decision on which local authority will be receiving a grant, as well as the level of the grant, will be made in June. At this point the NCO will indicate to successful city and county councils what level of funding will be made available to them.

The funding for the scheme is held in the vote of the Department of the Environment, Heritage and Local Government and the money will be disbursed by that Department. No other grant scheme in relation to playgrounds is being administered by the National Children's Office or the Department of Health and Children at present.

Health Board Services.

Ned O'Keeffe

Ceist:

563 Mr. N. O’Keeffe asked the Minister for Health and Children when funding will be made available to a health board to develop a project (details supplied). [11517/04]

I assume the Deputy is referring to the proposed public private partnership project in the Southern Health Board. The project is for eight community nursing units, CNUs, which will provide an additional 400 beds for respite, convalescence, long stay and rehabilitation services, to elderly patients in the Southern Health Board area. A central services unit, CSU, was originally included as part of the project however, in view of the health sector reform programme it has been agreed with the board that the CSU will not be included as part of the public private partnership project. It will be considered separately in the context of the health services reform programme.

Under the public private partnership arrangement proposed for this project, a private sector consortium will enter into a long term contract of approximately 25 years with the southern health board to design, build, finance and partially operate the CNUs. The clinical services will be provided by the health board. The board is currently in consultation with my Department and is in the process of finalising its public sector benchmark, PSB. The PSB is a comprehensive, detailed, risk adjusted costing of the project elements using conventional procurement over the whole life of the project. When the PSB is finalised it will be submitted to the Department of Finance for approval to proceed to the next phase of the project, which will be to advertise in the Official Journal of the European Union for a consortium to deliver the project.

The full cost of the project will not be known until a preferred bidder is selected. Funding for the health board to develop the CNUs will then be considered in the context of capital and revenue resources available to my Department.

Gay Mitchell

Ceist:

564 Mr. G. Mitchell asked the Minister for Health and Children if his attention has been drawn to the fact that the home help service for Inchicore and Ballyfermot will have its allocation for 2004 severely restricted and that this will result, for example, in a person who has chronic lung disease, awaiting a heart and lung transplant and is on oxygen therapy 24 hours per day, being left without a home help; if his attention has further been drawn to the fact that the system in Inchicore and Ballyfermot is at the point of collapse; if the meagre resource required to alleviate these difficulties will be supplied; and if he will make a statement on the matter. [11518/04]

As the Deputy will be aware, the provision of the home help scheme in the Dublin 8 and 10 areas is, in the first instance, the responsibility of the South Western Area Health Board acting under the aegis of the Eastern Regional Health Authority. As the information requested by the Deputy is not routinely collated in my Department, my Department has written to the chief executive officer of the authority and asked him to supply me with the relevant details. The information sought will be forwarded to the Deputy as a matter of urgency.

Paul McGrath

Ceist:

565 Mr. P. McGrath asked the Minister for Health and Children the situation in relation to decision making in the Midland Health Board in view of his decision to abolish health boards from June 2004; and if he will make a statement on the matter. [11519/04]

The health service reform programme provides for the modernisation of the health service and the achievement of the goals and objectives of the national health strategy, Quality and Fairness: A Health System for You. The Health (Amendment) Bill 2004, which was published on 16 April 2004, represents a further phase in the implementation of the reform programme. It provides for the termination of office of the members of the seven health boards, the Eastern Regional Health Authority and its three area health boards. The Bill also assigns the functions, which are currently carried out by the members of the boards or authority to their chief executive officers or the Minister, as appropriate. The Bill is an interim measure and is currently before the Houses of the Oireachtas.

In addition, it is my intention to publish a second Bill later in the year to provide for the establishment of the health service executive, HSE, and the health information and quality authority, HIQA, on a statutory basis. This further legislation will also provide the legislative basis for other aspects of the reform programme such as improved governance and accountability, planning and monitoring and evaluation. My intention is to have this legislation introduced by December 2004 so as to have the health services executive in place in January 2005.

Paul McGrath

Ceist:

566 Mr. P. McGrath asked the Minister for Health and Children if, in view of the fact that certain middle management personnel in the Midland Health Board have been seconded to the new Health Authority, their positions will be filled in the interim period; and the method by which these positions will be filled. [11520/04]

Responsibility for staffing matters rests in this instance with the Midland Health Board. My Department has therefore asked the chief executive officer of the board to investigate the matters raised by the Deputy and reply to him directly.

National Treatment Purchase Fund.

Tony Gregory

Ceist:

567 Mr. Gregory asked the Minister for Health and Children further to Parliamentary Questions Nos. 141 and 142 of 7 April 2004, the hospitals and the specialists with which there are difficulties with patient referrals in the eastern region; the nature of the difficulties referred to; the service providers with whom the national treatment purchase fund has reported difficulties; the numbers awaiting treatment from each of the service providers and the length of waiting time involved in each case; and if the service providers, according to the national treatment purchase fund reports, fail to accept patients in need of treatment until offered additional patients. [11534/04]

I am advised that the national treatment purchase fund, NTPF, has experienced some difficulties regarding patient referrals from St. Vincent's University Hospital, James Connolly Memorial Hospital, Royal Victoria Eye and Ear Hospital and the MWHB. Given the evolution of the fund and the significant progress it has made to date in reducing waiting times for patients, it is not appropriate to attribute lack of co-operation to any individual consultant at this time. Doing so might prejudice the negotiating position of the NTPF on resolving difficulties being experienced in the referral of patients to the fund. As I have previously pointed out, it is still open to patients or GPs to contact the NTPF directly to inquire about treatment and to make the necessary arrangements. I am arranging to have details of the numbers of patients on the waiting lists of the hospitals concerned forwarded to the Deputy.

Mental Health Services.

Dan Neville

Ceist:

568 Mr. Neville asked the Minister for Health and Children further to Parliamentary Question No. 715 of 27 January 2004, if the Mental Health Commission has inquired into the alleged abuse of the person. [11535/04]

I understand from the mental health commission that an inquiry by the inspector of mental health services is ongoing. A number of people have been interviewed and further interviews are planned. The inspector has also received relevant background information and reports. It is anticipated that the report should be available with in the next six to eight weeks.

Hospital Services.

Mary Upton

Ceist:

569 Dr. Upton asked the Minister for Health and Children if he will respond to concerns raised by a residents committee (details supplied) at proposals for communal bedrooms for four residents at the new 66 bed unit. [11536/04]

The information requested by the Deputy is not routinely collated in my Department. My Department has, therefore, asked the South Western Area Health Board acting under the aegis of the Eastern Regional Health Authority to provide the information sought, which will be forwarded to the Deputy, as a matter of urgency.

I am happy to inform the Deputy that capital developments costing €8 million aimed at considerably improving the standard of accommodation in the Meath Hospital are currently under way. This is a project which, as Minister of State, I regard as a high priority.

Question No. 570 withdrawn.

Proposed Legislation.

Gay Mitchell

Ceist:

571 Mr. G. Mitchell asked the Minister for Health and Children if he will make a statement on the concern expressed regarding recent Medical Council guideline changes in relation to surplus embryos arising from IVF treatment; if he has examined the legislative framework in Italy for such donations; if he intends to introduce legislation or regulations in relation to this issue. [11568/04]

The House is aware that while there is no legislation regulating the area of IVF, medical practice is governed by guidelines issued by the Medical Council which deal, inter alia, with IVF. These guidelines are the statutory responsibility of the council and I have no responsibility in the matter. I am, however, conscious of the degree of concern among the public about the absence of a statutory framework to regulate the range of issues associated with the area of assisted human reproduction, including IVF. With a view to addressing these concerns in a comprehensive and informed way, I established a commission on assisted human reproduction in March 2000 with the following terms of reference. The commission was directed to prepare a report on the possible approaches to the regulation of all areas of assisted human reproduction and the social, ethical and legal factors to be taken into account in determining public policy in this area.

In its deliberations, I understand that the commission has taken account of the legislative framework in other jurisdictions, including Italy. The issues under consideration by the commission are complex and, while it is nearing completion of its work, it is not possible to be definitive at this stage in relation to when exactly it will finalise the report. The publication of the commission's report will provide the basis for informed public debate before the finalisation of any policy proposals.

Medical Cards.

John McGuinness

Ceist:

572 Mr. McGuinness asked the Minister for Health and Children if an application for a medical card for a person (details supplied) in County Kilkenny will be expedited. [11569/04]

Responsibility for the provision of a medical card is, by legislation, a matter for the chief executive officer of the relevant health authority. My Department has therefore asked the chief executive of the South Eastern Health Board to investigate the matter raised by the Deputy and to reply to him directly.

Health Board Services.

Gay Mitchell

Ceist:

573 Mr. G. Mitchell asked the Minister for Health and Children when a person (details supplied) in Dublin 15 will be called to receive orthodontic treatment; and if he will make a statement on the matter. [11588/04]

Responsibility for the provision of orthodontic treatment to eligible persons in Dublin 15 rests with the Eastern Regional Health Authority. My Department has asked the regional chief executive to investigate the matter raised by the Deputy and to reply to him directly.

Hospital Services.

Richard Bruton

Ceist:

574 Mr. R. Bruton asked the Minister for Health and Children if he has proposals to introduce a compensation scheme for psychiatric nurses who are injured in the course of their duties; and if the compensation scheme for the Gardaí has been examined by his Department as a possible model. [11591/04]

The report of the taskforce on assaults on psychiatric nurses was completed in 2003. In addition to quantifying the level of assaults and making recommendations in relation to prevention, the report contained proposals for a scheme of compensation for psychiatric nurses who have been seriously injured as a result of an assault by a patient in the workplace. As part of its deliberations, the taskforce considered the compensation schemes applying to gardaí and prison officers. Government approval would be required for the introduction of any new State compensation scheme, which would be additional to the existing serious physical assaults scheme. In late 2003, a draft memorandum for Government was circulated and, during the consultation process, complex legal and financial issues emerged in relation to aspects of the scheme proposed by the taskforce and their implications for the health service and the wider public service.

At a meeting on 3 March, I updated the Psychiatric Nurses' Association and SIPTU on particular concerns that had been raised in relation to the proposed scheme. My officials are continuing discussions with the Department of Finance and the Office of the Attorney General and I expect to be in a position to provide a further update to staff representatives in the near future.

Denis Naughten

Ceist:

575 Mr. Naughten asked the Minister for Health and Children when the third consultant physician will be appointed at the County Hospital, Roscommon; and if he will make a statement on the matter. [11630/04]

The issue of appointing an additional consultant physician at Roscommon County Hospital will be considered by my Department in conjunction with the Western Health Board in the context of the resources available to the board in 2004.

John Gormley

Ceist:

576 Mr. Gormley asked the Minister for Health and Children the number of children suffering from inflammatory bowel disease; if this represents an increase based on the previously published figures; and if he will make a statement on the matter. [11632/04]

Inflammatory bowel disease generally refers to Crohn's disease and ulcerative colitis. Information on hospitalisation for these conditions is available from the hospital in-patient enquiry, HIPE, system. This system records information on each discharge from all publicly funded acute hospitals. The table below reports all hospital discharges, including inpatients and day cases, for children under the age of 15 years with a principal diagnosis of either Crohn's disease or ulcerative colitis for each of the years 1995 to 2003. Persons hospitalised more than once in a given year for the same condition are counted separately in the statistics for each hospital stay.

Hospital discharges for inflammatory bowel disease in children under 15 years of age, 1995-2003

Type of Bowel Disease

Year

Crohn’s Disease

Ulcerative Colitis

Total

1995

35

44

79

1996

42

46

88

1997

59

48

107

1998

33

52

85

1999

44

36

80

2000

42

35

77

2001

53

32

85

2002

77

39

116

2003*

96

27

123

Source: Hospital Inpatient Enquiry (HIPE) 1995-2003.
Note: Data refer to children 0-14 years of age with a primary diagnosis of Crohn's disease (Regional Enteritis ICD-9-CM 555) or Ulcerative Colitis (ICD-9-CM 556).
* 2003 Data are not yet complete.

Health Board Services.

Michael Ring

Ceist:

577 Mr. Ring asked the Minister for Health and Children the details of guidelines for qualification for orthodontic treatment since they were first introduced; if these guidelines have been changed of late; when they were last updated; and the changes that have been made over the past 20 years. [11634/04]

As the Deputy is aware, the provision of orthodontic services is a matter for the health authorities in the first instance. The aim of my Department is to develop the treatment capacity of orthodontics in a sustainable way over the longer term. Given the potential level of demand for orthodontic services, the provision of those services will continue to be based on prioritisation of cases based on treatment need — as happens under the existing guidelines. The guidelines were issued in 1985 and are intended to enable health boards to identify in a consistent way those in greatest need and to commence timely treatment for them. Patients in category A require immediate treatment and include those with congenital abnormalities of the jaws such as cleft lip and palate, and patients with major skeletal discrepancies between the sizes of the jaws. Patients in category B have less severe problems than category A patients and are placed on the orthodontic treatment waiting list. Patients in category C have less severe problems than in category B. The number of cases treated is dependent on the level of resources available, in terms of qualified staff, in the area, and this is reflected in the treatment waiting list; in fact, the provision of orthodontic services is currently severely restricted in some health boards due to the limited availability of trained specialist clinical staff to assess and treat patients; consequently, a category C waiting list may not be maintained in some health boards. However, I am pleased to advise the Deputy that I have taken a number of measures to address the shortage of specialists and so increase the treatment capacity of the orthodontic service.

The grade of specialist in orthodontics has been created in the health board orthodontic service. In 2003, my Department and the health boards funded 13 dentists from various health boards for specialist in orthodontics qualifications at training programmes in Ireland and at three separate universities in the United Kingdom. These 13 trainees for the public orthodontic service are additional to the six dentists who commenced their training in 2001. Thus, there is an aggregate of 19 dentists in specialist training for orthodontics. These measures will complement the other structural changes being introduced into the orthodontic service, including the creation of an auxiliary grade of orthodontic therapist to work in the orthodontic area. Furthermore, the commitment of the Department to training development is manifested in the funding provided to both the training of specialist clinical staff and the recruitment of a professor in orthodontics for the Cork Dental School. This appointment will facilitate the development of an approved training programme leading to specialist qualification in orthodontics. The chief executive officer of the Southern Health Board has reported that the professor commenced duty on 1 of December 2003. In recognition of the importance of this post at Cork Dental School, my Department has given approval in principle to a proposal from the school to further substantially improve the training facilities there for orthodontics. This project should see the construction of a large orthodontic unit and support facilities; it will ultimately support an enhanced teaching and treatment service to the wider region under the leadership of the professor of orthodontics.

In June 2002, my Department provided additional funding of €5 million from the treatment purchase fund to health boards specifically for the purchase of orthodontic treatment. This funding is enabling boards to provide both additional sessions for existing staff and purchase treatment from private specialist orthodontic practitioners. Finally, the chief executive officers of the health authorities have informed my Department that at the end of the March quarter 2004 there were 21,033 children receiving orthodontic treatment in the public orthodontic service. This means that there are nearly twice as many children getting orthodontic treatment as there are children waiting to be treated and almost 4,000 extra children are getting treatment from health authorities since the end of 2001.

Departmental Schemes.

Finian McGrath

Ceist:

578 Mr. F. McGrath asked the Minister for Health and Children the position regarding the compensation for children damaged by vaccines; and if urgent assistance will be given to all persons who were brain damaged by vaccines administered in the State. [11635/04]

Olivia Mitchell

Ceist:

602 Ms O. Mitchell asked the Minister for Health and Children if a commitment for a compensation scheme or a review of schemes operating elsewhere was promised to parents of children damaged by vaccines in April 2002; if such a commitment was given; and the status of plans to pay compensation. [11852/04]

I propose to take Questions Nos. 578 and 602 together.

The matters raised by the group concerned at the meeting in April 2002 were considered by my Department. A preliminary review of the schemes in place in a number of other countries was subsequently undertaken by my Department; this preliminary review involved a general overview of details of schemes in place in a number of other countries. This review was done in order to establish general details of schemes already in existence; however, a detailed examination of such schemes has not yet been undertaken. My Department is keeping the position in relation to the possible establishment of an alleged vaccine damage compensation scheme under review. However, the developmental work which can be undertaken by my Department in 2004 is concentrated on four major themes: advancing the health reform programme, supporting the health aspects of the EU Presidency, legislation relating to health reform and other pressing areas including professional regulation, and monitoring of service plans and budget management by health boards and the Eastern Regional Health Authority.

Health Board Services.

Finian McGrath

Ceist:

579 Mr. F. McGrath asked the Minister for Health and Children the services available for the 26,000 Alzheimer patients; and the new programmes which are coming on stream in 2004. [11636/04]

The Department's policy on providing adequate services for patients suffering from Alzheimer's disease is as set out in the report, An Action Plan for Dementia, published by the national council on ageing and older people in 1999. This commitment is endorsed in the 2001 health strategy, Equality and Fairness. A number of initiatives have been taken in relation to the improvement of dementia services. Significant additional funding has been made available for the express purpose of providing assistance to carers, including carers of Alzheimer sufferers. Additional funding has been made available to the Alzheimer's Society of Ireland for expansion of its services, particularly day-care services. A number of new community nursing units for older people which have been constructed in recent years provide respite and day-care for people with dementia.

Details requested by the Deputy of current services available and services coming on stream in 2004 are not held in my Department. My Department has therefore asked the chief executive officers of the health boards and the Eastern Regional Health Authority to furnish this information as a matter of urgency. My Department will be in touch with the Deputy when the information is to hand.

Enda Kenny

Ceist:

580 Mr. Kenny asked the Minister for Health and Children if he will respond to a request for documentation made to the North Eastern Health Board in February 2004 (details supplied); and if he will make a statement on the matter. [11637/04]

Responsibility for the sale of lands, including any request made for information in this regard rests with the health board in question. My Department has therefore asked the chief executive officer of the North Eastern Health Board to investigate the matter raised by the Deputy and reply to him directly.

Hospital Services.

Michael Ring

Ceist:

581 Mr. Ring asked the Minister for Health and Children when a person (details supplied) in County Mayo will be called for an appointment to Galway Regional Hospital. [11652/04]

The provision of hospital services for people living in County Mayo is a matter for the Western Health Board. My Department has asked the chief executive officer of the board to reply directly to the Deputy in relation to the matter raised.

Medical Cards.

John McGuinness

Ceist:

582 Mr. McGuinness asked the Minister for Health and Children if a three year medical card will be issued to a person (details supplied) in County Kilkenny in view of the evidence of their condition submitted; and if the application will be expedited. [11690/04]

Responsibility for the provision of a medical card is, by legislation, a matter for the chief executive officer of the relevant health authority. My Department has therefore asked the chief executive of the South Eastern Health Board to investigate the matter raised by the Deputy and to reply to him directly.

Housing Aid for the Elderly.

John McGuinness

Ceist:

583 Mr. McGuinness asked the Minister for Health and Children the amount of funding required by the SEHB to complete the lists approved under the housing aid for the elderly scheme for 2002; the amount required by the SEHB to deal with the 2003 list; the amount to date required for 2004; the action being taken by his Department and the SEHB to deal with the funding issue and back-log; if the case of a person (details supplied) in County Kilkenny will be prioritised based on age and medical circumstances; and if he will make a statement on the matter. [11691/04]

As the Deputy will be aware, the provision of this service in the Kilkenny area is, in the first instance, the responsibility of the South Eastern Health Board. My Department has, therefore, asked the chief executive of the board to investigate the case raised by the Deputy and reply direct to him as a matter of urgency.

The issue of funding for the special housing aid scheme for the elderly is not a matter for my Department, as the scheme is funded by the Department of Environment, Heritage and Local Government. The information requested by the Deputy has been provided by the board as follows. At the end of 2003 it was estimated that the following additional sums would be required to clear the outstanding waiting lists for this scheme. This information would also have been provided to the Department of Environment, Heritage, and Local Government.

Year

Estimated applications on hand

Estimated cost of outstanding applications

2002

119

283,900

2003

103

572,200

Based on the total number of applications received to date only, the board would require an additional €140,000 to clear these requests.

Hospital Services.

Jimmy Deenihan

Ceist:

584 Mr. Deenihan asked the Minister for Health and Children when a cardiologist will be appointed to Tralee General Hospital, County Kerry, in view of the fact that County Kerry has the highest rate of heart disease in the country; and if he will make a statement on the matter. [11692/04]

I have recently allocated additional annual funding of €500,000 to the Southern Health Board towards implementation of the cardiovascular health strategy. This additional funding will allow the board to begin the planning process for the appointment a consultant cardiologist to Tralee General Hospital, develop its cardiac rehabilitation services and expand its first responder project.

Medical Regulations.

Liz McManus

Ceist:

585 Ms McManus asked the Minister for Health and Children the regulations that are in place or being considered for the protection of the public with regard to cosmetic/aesthetic practise and the purchase of medical lasers; the qualifications that are required to open clinics to carry out these procedures claiming unachievable results; and if he will make a statement on the matter. [11693/04]

Although there are no regulations governing the purchase or use of medical lasers, any such devices in use in this country must carry the CE mark in compliance with EU Medical Devices Directive 1993/42/EEC and Statutory Instrument 252 of 1994 — European Communities (Medical Devices) Regulations. Persons who avail of services whether cosmetic or otherwise should endeavour to seek the services of reputable institutions. When significant procedures, including those by medical laser, are being arranged in cosmetic clinics, persons are strongly advised to check that the services are provided by or under the direction of a registered medical practitioner, and that such a doctor is appropriately registered with the Medical Council. Where difficulties are experienced in any non-medical practice where medical lasers are used, the appropriate point of complaint is the Director of Consumer Affairs.

Where medical practice is concerned, the Medical Council is the statutory body established to provide for the registration and control of persons engaged in the practice of medicine under the Medical Practitioners Act 1978. Section 69(2) of the Medical Practitioners Act 1978, states: "It shall be a function of the Council to give guidance to the medical profession generally on all matters relating to ethical conduct and behaviour". I am informed by the Medical Council of its view that doctors have been given the privilege of regulating their own professional affairs through the Medical Council and subject to the council's ongoing ethical guidance. Independent clinical decision making by doctors on behalf of their patients is a key part of how medicine operates in Ireland. The Medical Council's ethical guidelines are a set of ethical principles for medical practice which doctors must apply in each unique clinical situation in which they work, together with their judgement, experience, knowledge and skills. The question of appropriate advertising is also addressed, regarding which transgressions may constitute professional misconduct. It is the statutory duty of the council to consider all complaints in the event of any alleged lapses from such standards which may lead to fitness-to-practise proceedings.

As the Deputy will be aware, my Department is currently carrying out a comprehensive review of the Medical Practitioners Act 1978. It is my intention that heads of Bill for an amendment to the 1978 Act, which are at an advanced stage, will a Bill be put before Cabinet in the very near future. As part of this review process, consultations have been carried out with a number of bodies, including patient groups, medical representative organisations, and the key stakeholders in health service provision, regulation and post-graduate medical education and training. Some of the main issues which have been considered are greater public interest representation on the Medical Council, measures to improve the public accountability and transparency of the council, improved efficiencies in the fitness-to-practise procedures and measures to ensure the ongoing competence of all doctors to engage in their profession and the procedures they undertake.

Grant Payments.

Finian McGrath

Ceist:

586 Mr. F. McGrath asked the Minister for Health and Children the amount of public funding granted to the Irish Society for Autism; the concerns raised by parents; and if he will make a statement on the matter. [11694/04]

The information requested by the Deputy is not readily available in my Department as funding is allocated by the boards on a case-by-case basis. The Minister is aware of the concerns raised by parents. A number of the health boards have been working together with the Irish Society for Autism to address various concerns, including those raised by parents. My Department has asked the chief executive officer of the South Western Area Health Board to reply directly to the Deputy on behalf of the various boards in relation to this matter.

Health Board Services.

Finian McGrath

Ceist:

587 Mr. F. McGrath asked the Minister for Health and Children if the two and a half hour relief service will be urgently increased for a person (details supplied) in Dublin 5 as they urgently need 84 hours per week nursing care; and if he will make this case a priority issue. [11695/04]

As the Deputy will be aware, the provision of health services in the Dublin 5 area is, in the first instance, the responsibility of the Northern Area Health Board acting under the aegis of the Eastern Regional Health Authority. My Department has, therefore, asked the chief executive of the authority to investigate the matter raised by the Deputy and reply direct to him as a matter of urgency.

Arthur Morgan

Ceist:

588 Mr. Morgan asked the Minister for Health and Children the progress that has been made in relation to the mobility allowance appeal of a person (details supplied) in County Louth; the reason this person has had no contact from the North Eastern Health Board in connection to same; if he will accept that given this person’s circumstances the length of time they are waiting for a result of their appeal is not acceptable; and if he will make a statement on the matter. [11696/04]

The assessment of entitlement to and payment of the mobility allowance in any individual case, including the appeals process, is a matter for the relevant health board. My Department has therefore asked the chief executive officer, North Eastern Health Board, to investigate the issues raised by the Deputy and reply directly to him as a matter of extreme urgency.

John McGuinness

Ceist:

589 Mr. McGuinness asked the Minister for Health and Children if the SEHB will award a person (details supplied) in County Kilkenny a home help allowance. [11697/04]

As the Deputy will be aware, the provision of health services in the Kilkenny area is, in the first instance, the responsibility of the South Eastern Health Board. My Department has, therefore, asked the chief executive of the board to investigate the matter raised by the Deputy and reply direct to him as a matter of urgency.

Medical Cards.

John McGuinness

Ceist:

590 Mr. McGuinness asked the Minister for Health and Children further to previous parliamentary questions if he will expedite an appeal for a person (details supplied) in County Kilkenny who is waiting for a medical card; and if he will explain the delay in dealing with this matter. [11698/04]

Responsibility for the provision of a medical card is, by legislation, a matter for the chief executive officer of the relevant health authority. My Department has therefore asked the chief executive officer of the South Eastern Health Board to investigate the matter raised by the Deputy and reply to him directly.

John McGuinness

Ceist:

591 Mr. McGuinness asked the Minister for Health and Children further to Parliamentary Question No. 711 of 27 January 2004, if he will now request the SEHB to expedite a decision in the case of a person (details supplied). [11699/04]

Responsibility for the provision of a medical card is, by legislation, a matter for the chief executive officer of the relevant health authority. I understand that the Deputy raised this matter previously in a parliamentary question last January and was advised that the chief executive officer of the South Eastern Health Board would investigate the matter raised and reply directly to him. My Department has made further inquiries with the chief executive officer and has been advised that a letter issued to the Deputy on 19 April 2004.

Care of the Elderly.

John Perry

Ceist:

592 Mr. Perry asked the Minister for Health and Children the funding that has been allocated to the North Western Health Board for the development of and in particular the personal care packages for older persons who wish to remain at home in their community as an alternative to long stay residential care; and if he will make a statement on the matter. [11708/04]

As the provision of this type of service has historically been supplied from the community care budget of the health board in the form of home help services etc., it is difficult to be precise about the budget for this type of care. However, in addition to this year's community care budget, the North Western Health Board has been allocated €125,000 for the purposes of providing personal care packages on a pilot scheme basis.

Since my appointment as Minister of State, I have been encouraging the Eastern Regional Health Authority and the health boards to introduce personal care packages for older people as an alternative to long-stay residential care. Personal care packages are specifically designed for the individual concerned and could possibly include the provision of a home help service, home subvention payments, arrangements for attendance at a day centre or day hospital and other services such as twilight nursing. Personal care packages allow older persons the option of remaining living in their own home rather than going into long-stay residential care. Additional funding of €1.25 million was made available to the health boards this year for the introduction of personal care packages. This is on top of the significant expenditure currently being incurred on home help and other services aimed at supporting people at home.

Hospital Services.

Finian McGrath

Ceist:

593 Mr. F. McGrath asked the Minister for Health and Children if urgent assistance will be given to a person (details supplied) in County Kerry with regard to their transplant request; and if he will make a statement on the matter. [11725/04]

The case raised by the Deputy has been the subject of extensive contact between my Department, members of the person's family and the patient's consultant at the Mater Hospital. In addition, I have been in touch with the United Kingdom's Secretary of State for Health and have been advised that the person concerned, who was previously on the transplant list at the Freeman Hospital in Newcastle, is currently on the transplant list at Wythenshawe Hospital in Manchester awaiting a suitable donor. As the House will appreciate, patient selection for organ transplantation is a matter of clinical judgement and I have no function in the matter. Pending the availability of a suitable organ, decisions relating to the management of the patient's care is the responsibility of the relevant clinical personnel involved, both here in Ireland and in the UK.

Denis Naughten

Ceist:

594 Mr. Naughten asked the Minister for Health and Children when a person (details supplied) in County Roscommon will be called for a knee operation; and if he will make a statement on the matter. [11797/04]

The provision of hospital services at Merlin Park Hospital, Galway, is a matter for the Western Health Board. My Department has, therefore, asked the chief executive officer of the board to reply directly to the Deputy on the matter raised.

Denis Naughten

Ceist:

595 Mr. Naughten asked the Minister for Health and Children his plans to provide an emergency service at St. Vincent’s Hospital, Athlone; his further plans to improve the services on this site; and if he will make a statement on the matter. [11798/04]

Responsibility for the provision of services at St. Vincent's Hospital, Athlone is, in the first instance, a matter for the Midland Health Board. My Department has, therefore, asked the chief executive officer of the Midland Health Board to reply directly to the Deputy in relation to the matters raised.

Care of the Elderly.

Pádraic McCormack

Ceist:

596 Mr. McCormack asked the Minister for Health and Children the ratio of carers to patients in residential care in nursing homes; the ratio deemed acceptable to deliver suitable and sufficient care to patients; the factors which determine appropriate staffing levels; the qualifications and training necessary for non-professional staff; the type of examinations required for qualification; the minimum facilities which should be available in nursing homes for occupational and recreational purposes of patients; the steps his Department will take to ensure that all regulations and plans are enforced in nursing homes; the regulations that are laid down regarding the freedom of the patient to exercise choice to the extent that such freedom does not infringe on the rights of other persons; and if he will make a statement on the matter. [11799/04]

The chief executive officer of each health board has responsibility for the management of the workforce in public nursing homes, including the appropriate staffing mix, precise grades of staff employed in line with service priorities. It is a matter for each employer to ensure that staff in their employment have adequate training and skills to perform the duties expected of them. A major training initiative has begun in relation to the training of care attendants in the health sector, including those employed in public nursing homes. A pilot scheme has been completed and favourably assessed. The scheme of training has been rolled out throughout the health sector since autumn 2003. Over 500 care attendants have engaged in this phase of the training to date. There are a number of core modules to be undertaken by all trainees, along with other modules which pertain to their current employment.

In the case of care attendants in the nursing home sector, the module "Caring for the Older Person" in particular will address their needs. This module will be available from September 2004. Training will be provided on a regional basis. It is a matter for each employer to manage the ratio of staff to patient in the services they provide in light of their duty of care to patients. The inspection of private nursing homes is the responsibility of the health boards under the Health (Nursing Homes) Act 1990. Regulations made under this Act empower health boards to inspect private nursing homes. I wish to advise the Deputy that my Department has established a working group comprising all stakeholders to review the operation and administration of the nursing home subvention scheme. As part of this review the working group will make recommendations on the development and implementation of quality care standards in institutional settings and examine all issues in relation to the regulation of private nursing homes, including the inspection process. It is intended that the inspection of both private and public long-stay facilities will fall under the remit of the social services inspectorate in due course.

Health Board Staff.

Paul McGrath

Ceist:

597 Mr. P. McGrath asked the Minister for Health and Children the number of non-permanent employees made permanent in each of the health boards and health authorities for each of the past 36 months; and if he will make a statement on the matter. [11846/04]

The Deputy may be aware that a key action, action 2.3.1, identified in the action plan for people management was to review the incidence of temporary contracts to ensure they were being used appropriately and, following this review, to examine the conversion of temporary staff to permanent as appropriate, which is designed to improve the quality of working life for health service employees. In any event, the Protection of Employees (Fixed-Term Work) Act 2003 requires that fixed-term employees are not treated in any less favourable manner than comparable permanent employees in respect of their benefits and other conditions of employment. Responsibility for the management of the workforce including the review of temporary contracts rests with each of the health boards and the Eastern Regional Health Authority. My Department has therefore asked the chief executive officer of each health board and the regional chief executive of the Eastern Regional Health Authority to investigate the matters raised by the Deputy and reply to him directly.

Nursing Education.

Paul McGrath

Ceist:

598 Mr. P. McGrath asked the Minister for Health and Children the payments available to student nurses for their job experience work in hospitals; if he will confirm the person responsible for making those payments to individual nurses; and if he will make a statement on the matter. [11847/04]

Paul McGrath

Ceist:

599 Mr. P. McGrath asked the Minister for Health and Children the payments that were payable to student nurses at first year, second year and third year for each of the past 10 years; and the source of the payments. [11848/04]

Paul McGrath

Ceist:

600 Mr. P. McGrath asked the Minister for Health and Children the payments available to student nurses who while on work experience in hospitals may have to travel long distances from their college base and may have to find accommodation at this location. [11849/04]

Liz McManus

Ceist:

609 Ms McManus asked the Minister for Health and Children when book allowance, uniform allowance, accommodation allowance, a travel pass and payment for student nurses will be awarded to all qualifying student nurses; and if he will make a statement on the matter. [11954/04]

I propose to take Questions Nos. 598 to 600, inclusive, and 609 together.

Prior to the implementation of the pre-registration nursing diploma programme, nursing students undertook a traditional apprenticeship model of nursing training, which was a certificate programme, and were paid a salary at the student rate by their training hospitals for the duration of their training. In 1994 the pre-registration nursing diploma programme commenced at a pilot site in Galway and was subsequently implemented on a nationwide basis. Nursing students on the diploma programmes receive an annual means-tested maintenance grant as well as other financial supports. Students on this programme are entitled to receive a once-off book and uniform allowance at the commencement of the programme. Students are also entitled to receive free meals on a seven-day per week basis in designated health institutions.

In early 1998, a new allowance was introduced to assist students undertaking external clinical placements. An external clinical placement exists where the student has to undertake a placement in a health care setting which is not the hospital base of the student. Under the original terms of the scheme, a student was entitled to receive an external clinical placement allowance where it was necessary for her/him to obtain a second accommodation away from her or his normal place of residence for the duration of the placement. A student who did not require a second accommodation was entitled to a refund of the cost of travelling to and from the external clinical placement site. In 2000, this initiative was further extended, and students may now avail of both the external clinical placement allowance and a refund of the costs of travel where required. Details of the rates of the above allowances from the period 1994 to date are detailed below:

1994-1998

Maintenance Grant

3,174 per annum

Book Allowance

254 (once-off)

Uniform Allowance

137 (once-off)

1998-1999

Maintenance Grant

3,809 per annum

Book Allowance

254 (once-off)

Uniform Allowance

152 (once-off)

External Clinical Placement Allowance

25 per week

1999-2000

Maintenance Grant

4,127 per annum

Book Allowance

254 (once-off)

Uniform Allowance

152 (once-off)

External Clinical Placement Allowance

25 per week

2000-2001

Maintenance Grant

4,127 per annum

Book Allowance

317 (once-off)

Uniform Allowance

190 (once-off)

External Clinical Placement Allowance

25 per week

2001-2003

Maintenance Grant

4,533 per annum

Book Allowance

343 (once-off)

Uniform Allowance

203 (once-off)

External Clinical Placement Allowance

51 per week

The maintenance grant was increased to €4,850 in June 2003 in respect of the final two intakes of students to the diploma programme. Where applicable, increases in the maintenance grant came into effect on 1 June of the relevant years, while increases in the book and uniform allowances came into effect in September of the relevant years. Payment of these allowances is the responsibility of the school of nursing in which the student trained. Funding has been provided to the schools by my Department.

Intake to the nursing diploma ceased with the transfer of nursing education to the third-level sector in 2002, and the final graduation from the diploma will be later this year. In 2002, as part of the Government's commitment to implementing the recommendations of the commission on nursing, the pre-registration education of student nurses transferred into the third level sector. Students on the new degree programme have the same benefits as other third level students. Nursing degree students do not automatically receive a non-means-tested maintenance grant but, rather, may apply to the Department of Education and Science for a means-tested student grant under the scheme applying to all third-level students. Students on the nursing degree programme receive a once-off uniform allowance of €203.16 which is payable in the first year of the programme. Students undertaking external clinical placements are entitled to a refund of the cost of transport to and from the placement site for the duration of the placement. Students are also entitled to receive an accommodation allowance up to, but not exceeding, €50.79 weekly where it is necessary for the student to obtain accommodation away from her or his normal place of residence.

Payment of the uniform and clinical placement allowances is the responsibility of the relevant health agencies. The conditions for payment of the clinical placement allowances are outlined in circular 9/2004 which recently issued from my Department. A further letter of clarification regarding the payment of allowances to undergraduate nursing degree students issued from my Department on 26 April 2004. It should be noted that undergraduate nursing degree students do not receive book or meal allowances.

Nursing Home Subventions.

Paul McGrath

Ceist:

601 Mr. P. McGrath asked the Minister for Health and Children if he will give an update on the review of the nursing home subvention scheme; and if he will make a statement on the matter. [11850/04]

The review is taking into account issues arising from the interpretation of certain aspects of the 1990 Act and the subvention regulations which have arisen over the years, the ombudsman's comments on the operation of the nursing home subvention scheme, the recommendations in the O'Shea and Mercer reports and the views of clients and service providers on the operation of the scheme. The aims and objectives of the review are to recommend any changes necessary in the light of Professor O'Shea's recommendations, to make recommendations on an equitable means assessment test for subvention, to make recommendations on the development of a standardised dependency test, to examine alternative care settings such as home care and to make recommendations for the funding of such care settings as an alternative to long-term residential care and to make recommendations on the development and implementation of quality care standards in institutional settings. The ultimate aim of the review will be the development of a system which will be transparent, provide equity, be less discretionary and financially sustainable.

The review group has been working for a number of months and is comprised of a wide variety of stakeholders representing the many and varied interests associated with long-term care. The group has been hearing submissions from interested parties and has almost completed this process. The group has also benefited from hearing from the authors of the above mentioned reports. The group will now move on to looking at the specific terms of reference and decide how and in what order it should begin to address these. The group will be guided in this by the submissions from various stakeholders as well as the recommendations outlined in the O'Shea and Mercer reports.

Question No. 602 answered with QuestionNo. 578.

Water Fluoridation.

Olivia Mitchell

Ceist:

603 Ms O. Mitchell asked the Minister for Health and Children if he will arrange for a random testing programme of fluoride levels in the Irish population including children. [11853/04]

As the Deputy is aware, I established the forum on fluoridation to review the fluoridation of public piped water supplies in Ireland. The forum's report was launched on 10 September 2002 and its main conclusion was that the fluoridation of public piped water supplies should continue as a public health measure. The forum also concluded that water fluoridation has been very effective in improving the oral health of the Irish population, especially of children, but also of adults and the elderly, the best available and most reliable scientific evidence indicates that at the maximum permitted level of fluoride in drinking water at 1 part per million, human health is not adversely affected, dental fluorosis — a form of discoloration of the tooth enamel — is a well-recognised condition and an indicator of overall fluoride absorption, whether from natural sources, fluoridated water or the inappropriate use of fluoride toothpaste at a young age. There is evidence that the prevalence of dental fluorosis is increasing in Ireland.

In all, the report of the fluoridation forum made 33 recommendations covering a broad range of topics such as research, public awareness, and policy and technical aspects of fluoridation. The establishment of the expert body recommended by the forum is now well under way. The body will be known as the Irish expert body on fluorides and health. It will be chaired by Dr. Seamus O'Hickey, former chief dental officer with my Department. Dr. O'Hickey's mix of scientific knowledge, awareness of fluoridation issues and experience of administrative issues leaves him well placed to chair the body. I understand that the inaugural meeting of the expert body is on 29 of April 2004.

The terms of reference of the expert body are to oversee the implementation of the recommendations of the forum on fluoridation; to advise the Minister and evaluate ongoing research — including new emerging issues — on all aspects of fluoride and its delivery methods as an established health technology and as required and to report to the Minister on matters of concern at his or her request or on own initiative. The expert body is to have broad representation, including from the areas of dentistry, public health medicine, toxicology, engineering, management, environment and the public as identified within the forum on fluoridation report. A research project on fluoride delivery systems, which includes an investigation into fluoride intake in the Irish population, is currently being undertaken at the Oral Health Services Research Centre, OHSRC, in University College Cork. As part of this project, the OHSRC is developing methods to be used when measuring fluoride ingestion in the population. One of the areas of research being pursued is the development of standardised methods for measuring fluoride content of samples of saliva, urine, serum, fingernail clippings and mineralised tissues. These studies are being undertaken in close collaboration with researchers in Europe and the USA to ensure that the methods being used conform to international standards. The results of this research and the commencement of any further research in the future — such as a random testing programme of fluoride levels in the Irish population including children — will be a matter for consideration by the Irish expert body on fluorides and health.

Hospital Services.

Bernard J. Durkan

Ceist:

604 Mr. Durkan asked the Minister for Health and Children if he will direct a reversal of the plans to close the tuberculosis and respiratory units at Peamount Hospital, Newcastle, County Dublin, on the basis of a lack of alternative facilities for patients likely to seek treatment there; if his attention has been drawn to the serious concern and damage done to public confidence in the system by the refusal to admit a patient suffering from a particularly virulent form of tuberculosis and a subsequent reversal of that decision; if he has confidence in the manner and method of arriving at the initial decision; if his attention has further been drawn to the serious deficit in terms of delivery of health services likely to be caused in the event of the closure if allowed to proceed; the way in which it is expected to provide the services currently available at Peamount when it is clearly evident that such services are not likely to be provided in a similar specialised way with the necessary isolation facilities in any other hospital; and if he will make a statement on the matter. [11882/04]

Responsibility for the provision of services at Peamount Hospital rests with the Eastern Regional Health Authority. My Department has therefore asked the regional chief executive of the authority to examine the matters raised by the Deputy and to respond to him directly.

Michael Ring

Ceist:

605 Mr. Ring asked the Minister for Health and Children the reason Parliamentary Question No 417 of 23 March 2004 was not replied to in full; and if he will investigate this matter immediately. [11884/04]

The provision of hospital services for people living in County Mayo is a matter for the Western Health Board. My Department has made enquiries of the board. I understand that the Western Health Board is examining the case referred to by the Deputy further and will be in touch with him in the near future.

Willie Penrose

Ceist:

606 Mr. Penrose asked the Minister for Health and Children if he will take steps to ensure that an assessment procedure for a person (details supplied) in County Westmeath will be expedited; and if he will make a statement on the matter. [11899/04]

Responsibility for the provision of hospital services to residents of County Westmeath rests with the Midland Health Board. My Department has, therefore, asked the chief executive officer of the board to investigate the position in relation to this case and to reply to the Deputydirectly.

Grant Payments.

David Stanton

Ceist:

607 Mr. Stanton asked the Minister for Health and Children the number of voluntary organisations providing health and personal social services that are being funded fully or partially through his Department; if he will provide in each case the name of organisation; the amount of revenue funding provided in 2003; the number of staff in that organisation providing health and personal social services; and if he will make a statement on the matter with particular reference to the action plan for people management. [11904/04]

The majority of voluntary organisations providing health and personal social services are funded by health boards and it is a matter for each health board within the service planning requirement to agree the levels of service and the appropriate funding in respect of each such organisation. In determining the extent of agency services, each health board must operate within the levels of funding approved and the employment ceiling set. Accordingly, my Department has requested the chief executive officers of each health board or authority to reply directly to the Deputy with the details relevant to their board or authority. On the action plan for people management, APPM, €120,000 was made available under this heading in 2003 for management training in the national federation of voluntary bodies. An additional €2 million was allocated to the health boards in 2003 for APPM implementation. Since my Department is not directly involved in the application of this funding within the voluntary sector I have requested the chief executive officers of each health board and of the ERHA to reply directly to the Deputy on this aspect.

Currently, one voluntary hospital, St. John's Hospital, Limerick, receives funding directly from my Department. The revised level of determination approved for St. John's Hospital for 2003 is €17.727 million. The actual employment level at end December 2003 was 328 whole-time equivalents.

Benchmarking Awards.

Marian Harkin

Ceist:

608 Ms Harkin asked the Minister for Health and Children the reason public health nurses have not been awarded clinical nurse specialist status despite this having been recommended by the committee for nursing 1998; and if the Minister has plans to rectify this situation in the immediate future. [11953/04]

I presume the Deputy is referring to the pay awards recommended under the public service benchmarking body, PSBB. The commission on nursing, which reported in 1998, considered that public health nurses, PHNs, operated at the level of clinical nurse specialist. In its submission to the PSBB, the Alliance of Nursing Unions, representing the Irish Nurses Organisation, the Psychiatric Nurses Association, IMPACT and SIPTU Nursing, made a claim to have the PHN grade paid a differential of 10% over the rate of pay ultimately recommended for the clinical nurse manager 2, CNM2. At that time, PHNs were paid at the same rate as CNM2 plus a qualification allowance. Clinical nurse specialists are paid at the same rate as CNM2s. On the statement contained in the report of the Commission on Nursing, the Nursing Alliance stated "Clearly, it was not considering the issue of pay rates for either grade but was merely making a statement of the unique role played by the PHN."

The PSBB, which issued its report in 2002, recommended an increase of 9.2% for the PHN grade and an increase of 12.2% for the clinical nurse manager 2-clinical nurse specialist grade. The benchmarking process established new absolute levels of pay for nursing and other public service grades and, furthermore, ensured that no benchmarked grade may receive a further increase as a consequence of the body's recommendations as they effect any other grade, whether benchmarked or not. In recognition of their qualifications, all PHNs are paid a qualification allowance of €2,422 per annum and PHNs who were in employment on 16 November 1999 are paid a further red-circled allowance of €1,390 per annum on top of basic salary.

Question No. 609 answered with QuestionNo. 598.

Nursing Staff.

John Bruton

Ceist:

610 Mr. J. Bruton asked the Minister for Health and Children when he intends to implement in full the recommendation of the commission on nursing that there be a review of nursing staffing in hospitals and homes caring for the elderly; and if he has satisfied himself that nursing staff levels in such homes operated by health boards are of a sufficient level to ensure that in all cases patients can be evacuated quickly in the event of a fire. [11955/04]

The position on the commission on nursing is that two of its recommendations made reference to nurse staffing levels — paragraphs 7.63 and 9.4. It has been decided to address these recommendations together. A working group has recently been established, chaired by the chief nursing officer of my Department and including representatives of the health service employers agency, the Psychiatric Nurses Association of Ireland, the Irish Nurses Organisation, SIPTU Nursing, IMPACT, employing agencies and the Department of Health and Children. The terms of reference of the group are to agree a common understanding of the term skill-mix in the health care environment and its application in determining nursing staff levels; to identify and evaluate the current systems being utilised in the Irish health care setting and identify areas of best practice; to review literature in relation to the current systems of determining nursing staff levels in a national and international context and to determine whether these systems have the potential to be adopted or modified to suit the Irish health care system and to recommend principles underpinning systems of determining nursing staff levels within the Irish health care system.

Standards of care in private nursing homes are governed by the Nursing Homes (Care and Welfare) Regulations 1993, and, as such, responsibility for staffing issues in private nursing homes is a matter for the Eastern Regional Health Authority and the health boards in the first instance. My Department is currently reviewing the Health (Nursing Homes) Act 1990 and the Nursing Home Subvention Regulations to determine their relevance and efficacy in providing long-term care to the elderly. However, the procedures for evacuating homes in the event of a fire are contained in the health and safety statement of the relevant health board or authority and are, therefore, an operational matter for the health board or authority concerned.

Health Board Services.

Denis Naughten

Ceist:

611 Mr. Naughten asked the Minister for Health and Children the waiting times for orthodontic treatment and assessment in each health board area; the action he is taking to address these backlogs; and if he will make a statement on the matter. [11958/04]

The provision of orthodontic services is a matter for the health authorities in the first instance. I am pleased to advise the Deputy that I have taken a number of measures to improve orthodontic services on a national basis. The grade of specialist in orthodontics has been created in the health board orthodontic service. In 2003, my Department and the health boards funded 13 dentists from various health boards for specialist in orthodontics qualifications at training programmes in Ireland and at three separate universities in the United Kingdom. These 13 trainees for the public orthodontic service are additional to the six dentists who commenced their training in 2001. Thus, there is an aggregate of 19 dentists in specialist training for orthodontics. These measures will complement the other structural changes being introduced into the orthodontic service, including the creation of an auxiliary grade of orthodontic therapist to work in the orthodontic area.

Furthermore, the commitment of the Department to training development is manifested in the funding provided to both the training of specialist clinical staff and the recruitment of a professor in orthodontics for the Cork Dental School. This appointment will facilitate the development of an approved training programme leading to specialist qualification in orthodontics. The chief executive officer of the Southern Health Board has reported that the professor commenced duty on 1 December 2003. In recognition of the importance of this post, my Department has given approval in principle to a proposal from the school to further substantially improve the training facilities there for orthodontics. This project should see the construction of a large orthodontic unit and support facilities. It will ultimately support an enhanced teaching and treatment service to the wider region under the leadership of the professor of orthodontics.

Orthodontic Initiative funding of €4.698 million was provided to the health authorities in 2001 and this has enabled health boards to recruit additional staff, engage the services of private specialist orthodontic practitioners to treat patients and build additional orthodontic facilities. In June 2002, my Department provided additional funding of €5 million from the treatment purchase fund to health authorities specifically for the purchase of orthodontic treatment. This funding is enabling boards to provide both additional sessions for existing staff and purchase treatment from private specialist orthodontic practitioners. The chief executive officers of the boards have informed my Department of the following information on their treatment waiting lists at the end of March 2004:

Assessment Waiting List

Treatment Waiting List

Health Board

Average Waiting Times (months)

Category A

Category B

South Western Area

3 — 6

< 10

< 12

East Coast Area

< 3

< 6

< 18

Northern Area

3 — 6

<12

< 24

Midland

4

No waiting time

14

Mid-Western

24 — 36

No waiting time

24 — 36

North Eastern

No waiting time

1.5 — 2

12 — 18

North Western

4.5

20

30

South Eastern

2

No waiting time

20

Southern

According to date of birth, currently 1990

No waiting time

42 — 48

Western

10

No waiting time

42

Patients in category A require immediate treatment and include those with congenital abnormalities of the jaws such as cleft lip and palate, and patients with major skeletal discrepancies between the sizes of the jaws. Patients in category B have less severe problems than category A patients.

Finally, the chief executive officers of the health authorities have informed my Department that at the end of the March quarter 2004, there were 21,033 children receiving orthodontic treatment in the public orthodontic service. This means that there are nearly twice as many children getting orthodontic treatment as there are children waiting to be treated and almost 4,000 extra children are getting treatment from health boards since the end of 2001.

Enda Kenny

Ceist:

612 Mr. Kenny asked the Minister for Health and Children if his attention has been drawn to the circumstances under which a person (details supplied) in County Sligo does not have access to their child; if his attention has further been drawn to the recommendation made by the person’s general practitioner that a further report should be prepared by the health board in respect of their having access to their child; the Government’s policy in relation to access being made available between fathers and children, if he has examined the file in this particular instance; and if he will make a statement on the matter. [11974/04]

Responsibility in this area rests primarily with the health boards. My Department has requested the chief executive officer of the North Western Health Board to reply directly to the Deputy.

Bernard Allen

Ceist:

613 Mr. Allen asked the Minister for Health and Children the reason a person (details supplied) in County Cork is being refused the cost of taxis to and from the warfarin clinic at the Mercy Hospital. [11976/04]

As the Deputy will be aware, the provision of health services in the Cork area is, in the first instance, the responsibility of the Southern Health Board. My Department has, therefore, asked the chief executive of the board to investigate the matter raised by the Deputy and reply direct to him as a matter of urgency.

Mental Health Services.

Emmet Stagg

Ceist:

614 Mr. Stagg asked the Minister for Health and Children if his attention has been drawn to the fact that the ERHA has spent sizeable funds on the adoption of Clonee House which is located near Newbridge, County Kildare, for use as a high support hostel for Kildare-Meath-Wicklow mental health service and that the hostel would accommodate 14 patients who presently are accommodated in acute psychiatric beds at a cost of €100,000 per bed per year; if his attention has further been drawn to the fact that the provision of the required nursing staff of 11 nurses would not alone allow the hostel to open but would provide savings of nearly €1 million per year; if he will make inquiries with the Board with a view to providing appropriate accommodation for the patients with an attendant saving of €1 million; and if he will make a statement on the matter. [11977/04]

Emmet Stagg

Ceist:

615 Mr. Stagg asked the Minister for Health and Children if his attention has been drawn to the fact that Kildare-west Wicklow mental health service has only one third of the average number of beds that other mental health areas have; if the ERHA will allocate its funds, capital and current, in order to ensure that there is an equitable level of service throughout the region; and if he will make a statement on the matter. [11978/04]

Emmet Stagg

Ceist:

616 Mr. Stagg asked the Minister for Health and Children if his attention has been drawn to the fact that expenditure on the Kildare-west Wicklow mental health service is €31 per head of population compared to the national average of €114 and that within the ERHA the Kildare-west Wicklow mental health service has the lowest level of funding for its services; the reason this is so; if the ERHA will allocate funds to the various mental health authorities on an equitablebasis; and if he will make a statement on the matter. [11979/04]

I propose to take Questions Nos. 614 to 616, inclusive, together.

Responsibility for the provision of services referred to by the Deputy rests with the Eastern Regional Health Authority. My Department has therefore asked the regional chief executive to investigate the matters raised by the Deputy and reply to him directly.

Public Health.

Fergus O'Dowd

Ceist:

617 Mr. O’Dowd asked the Minister for Health and Children his views on the letter from a person (details supplied) to his Department on 25 March 2003 concerning baseline health data and the concerns expressed by the public regarding human health in the vicinity of waste facilities, including landfill sites and incinerators. [11980/04]

The issues raised in the correspondence referred to by the Deputy in relation to baseline health data arise from a report published by the health research board, HRB, in 2003. The report, Health and Environmental Effects of Landfilling and Incineration of Waste — A Literature Review, was commissioned by the HRB at the request of the then Department of the Environment and Local Government. With regard to human health impacts the report concluded that there were information gaps in respect of monitoring of the health of people living near waste sites. The national health strategy, Quality and Fairness: A Health System for You, published in 2001, recognises the need to address issues in this area. Under the strategy, the national health information strategy, NHIS, will be published and implemented. This strategy is currently being finalised. A principal motivation behind the development of the NHIS has been the recognition of significant gaps and deficiencies in health information. The NHIS will therefore make recommendations to address these issues through a range of initiatives and structural changes.

Despite recognised deficiencies, it should be emphasised that many existing information systems contribute significantly to the monitoring and evaluation of population health. Baseline human health data are routinely collected through the vital statistics registration system. Other national data sources also available at regional, county and sometimes DED level include data from the national cancer registry, the hospital in-patient inquiry system, SLAN, the national disease surveillance centre and the perinatal reporting system. The congenital birth anomalies registries in Ireland cover areas accounting for over 60% of the births occurring. The public health information system produced by the Department of Health and Children for the directors of public health brings together a range of data, including many of the sources above.

Hospital Staff.

Fergus O'Dowd

Ceist:

618 Mr. O’Dowd asked the Minister for Health and Children the reason for the staffing crisis in the paediatric department of the Lourdes Hospital, Drogheda, and the action being taken to recruit new staff to meet the increased demands for this service. [11982/04]

Responsibility for the provision of services at Our Lady of Lourdes Hospital, Drogheda, 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 Services.

John Perry

Ceist:

619 Mr. Perry asked the Minister for Health and Children the action he will take with Sligo General Hospital on behalf of a person (details supplied) in County Sligo and have them called for treatment in view of the fact that their condition has deteriorated; and if he will make a statement on the matter. [12025/04]

Responsibility for the provision of health services to persons living in County Sligo rests with the North Western 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.

Cancer Specialists Strategy.

John Perry

Ceist:

620 Mr. Perry asked the Minister for Health and Children if, with regard to the cancer specialists strategy, he will outline for each health board the level of equipment that has been provided and the level of qualified staff that are trained to use the specific equipment; if any equipment cannot be used due to lack of trained staff; and if he will make a statement on the matter. [12027/04]

Since the implementation of the national cancer strategy in 1997, there has been a total cumulative investment of €550 million in the development of appropriate treatment and care services for people with cancer. The benefit of this investment is reflected in the significant increase in staffing and activity which has occurred. For example, the investment has enabled the funding of an additional 91 consultant posts in key areas of cancer care such as medical oncology, radiology, palliative care and general surgeons with a special interest in breast surgery. In addition approximately €90 million has been invested in oncology infrastructure, including specialist equipment in radiation oncology, mammography, radiology and pathology. The recruitment and training of specialist staff and the utilisation of equipment is a matter for individual health boards and the Eastern Regional Health Authority, ERHA.

If the Deputy advises me of any particular area on which he requires further details, I will refer the matter to the appropriate health board or to the ERHA for reply.

Question No. 621 answered with QuestionNo. 478.

Pension Provisions.

Mary Upton

Ceist:

622 Dr. Upton asked the Minister for Health and Children if a person (details supplied) in Dublin 12 who is a former nurse can now receive a payment. [12081/04]

Responsibility for the repayment of superannuation rests with the Eastern Regional Health Authority. My Department has, therefore, asked the regional chief executive of the authority to investigate the matter raised by the Deputy and to reply to her directly.

Decentralisation Programme.

Olivia Mitchell

Ceist:

623 Ms O. Mitchell asked the Minister for Health and Children if a survey of staff to determine interest in participating in the decentralisation programme has been undertaken in his Department; when it will be completed; and if the results will be published or otherwise made available to Deputies. [12085/04]

The Department has a staff complement of 690 posts. A total of 526 staff replied to a canvass seeking expressions of interest in decentralising as part of the public service decentralisation programme and relocation to agencies arising from the health reform programme — locations unknown. Of the 526 staff who replied, only 97 expressed an interest in decentralising outside Dublin as part of the decentralisation programme or with agencies arising from the health reform programme. A further 268 staff confirmed their intention of remaining in Dublin. The breakdown of the remaining 161 responses is as follows; 87 staff may be interested in relocating from the Department to agencies arising from the health reform programme, if located in Dublin; 14 staff expressed an interest in relocating to agencies arising from the health reform programme only; three professional or technical staff members expressed a need for additional information on the health reform programme, including location and assignment of functions, before they could commit to a decision; 28 staff expressed interest in all options, including remaining in Dublin, subject to further information; 21 staff expressed an interest in relocating within the Civil Service in Dublin and eight staff currently based in our Roscommon office, GRO, expressed an interest in remaining there.

My reply to a Parliamentary Question on 24 March provided a tabular breakdown of staff applications by grade and geographic location in the context of the public service decentralisation programme.

Disabled Drivers.

Bernard J. Durkan

Ceist:

624 Mr. Durkan asked the Minister for Health and Children if assistance can be offered towards provision of a special car seat for a person (details supplied) in County Kildare; and if he will make a statement on the matter. [12121/04]

A motorised transport grant, MTG, of up to 75% of the actual cost of purchasing or adapting a car, which takes into account the trade-in value of a car being replaced, may be provided up to a limit of €4,575. Where a person qualifies for both the MTG and the disabled drivers and disabled passengers (tax concessions) scheme, the MTG grant payable should not exceed the net outlay incurred, taking into account the benefit from the scheme. The means of the applicant and the applicant's spouse or partner, if any, are taken into account. Means are determined on the basis of gross income less statutory deductions and allowances in respect of rent and mortgage repayments, but include income from assets, investments, lettings etc. The following are not considered as means; an allowance received from an organisation approved by the Minister for Health and Children or the Minister for Enterprise, Trade and Employment while undergoing a course of rehabilitative or vocational training; blind welfare allowance; carers allowance or benefit; child benefit; domiciliary care allowance; foster care allowance; higher education grants; income up to a maximum amount approved in employment of a therapeutic or rehabilitative; nature; living alone allowance; moneys received from charitable organisations other than remuneration; special compensation awards exempted by legislation, including those for hepatitis C and thalidomide; supplementary welfare allowance and travel and meal allowances paid to participants on Government approved schemes.

Any net income in excess of the national average industrial wage which is currently €26,940.16 is deducted from the maximum grant payable of €4,575 on a euro by euro basis. The assessment of and entitlement to the motorised transport grant including an appeal in any individual case is a matter for the relevant health board. Applications for this grant should be made directly to the health board. The applicant may also be eligible for assistance through the aids and appliances budget. He or she should contact his or her local health board for details.

Services for People with Disabilities.

Seán Ryan

Ceist:

625 Mr. S. Ryan asked the Minister for Health and Children the number of children on the intellectual disability database for the ERHA who are in need of residential care; the amount of money made available in 2004 for this service; the number of beds that this equates to; and the number of beds to be allocated to each of the area health boards within the ERHA. [12122/04]

The latest published information in relation to the number of children on the intellectual disability database for the Eastern Regional Health Authority is from 2002. The 2003 information is expected to be published by the end of June. As responsibility for the provision of services to persons with intellectual disability or autism in the eastern region is a matter, in the first instance, for the Eastern Regional Health Authority, I have asked the regional chief to investigate the matter and reply directly to the Deputy.

Numbers of children identified in ERHA data set as requiring a full-time residential service — source, NIDD 2002.

Age group

0-4

5-9

10-14

15-18

Total

10 Stewart‘s Hospital (Palmerstown)

4

3

5

12

11 St. Augustine‘s (Blackrock)

1

3

4

13 St. John of God Kildare Services

2

2

14 St. John of God Menni Services

1

1

7

9

16 Carmona Services

3

4

1

8

25 Daughters of Charity (St. Vincent’s, Navan Road)

1

2

3

49 St. Michael’s House (Dublin)

1

3

6

15

25

54 Cheeverstown House

1

2

3

1249 St. Paul’s (Beaumont)

1

1

1502 KARE Moorefield (Newbridge)

1

2

3

1506 Sunbeam House Services, Bray

1

1

1507 County Wicklow Association (St. Catherine’s Day Centre)

1

1

2

1658 St. John of God (Suzanne House)

1

1

1

13

20

40

74

Seán Ryan

Ceist:

626 Mr. S. Ryan asked the Minister for Health and Children if his attention has been drawn to the need for a respite service for persons with intellectual disability attending Prosper Fingal in north County Dublin; and the finance that has been made available to develop this facility for clients and their families. [12123/04]

Responsibility for the provision of funding for services, including respite services, for people with an intellectual disability and those with autism in north County Dublin, is a matter, in the first instance, for the Eastern Regional Health Authority. My Department has, therefore, asked the regional chief executive of the authority to investigate the matter raised by the Deputy and reply directly to him.

Nursing Home Subventions.

Bernard J. Durkan

Ceist:

627 Mr. Durkan asked the Minister for Health and Children if and when an increased subvention or transfer to Maynooth Community Hospital will be offered to a person (details supplied) in County Kildare; and if he will make a statement on the matter. [12129/04]

As the Deputy will be aware, the provision of health services in the Kildare area is, in the first instance, the responsibility of the South Western Area Health Board acting under the aegis of the Eastern Regional Health Authority. My Department has, therefore, asked the chief executive of the authority to investigate the matter raised by the Deputy and reply direct to him as a matter of urgency.

Irish Blood Transfusion Service.

Denis Naughten

Ceist:

628 Mr. Naughten asked the Minister for Health and Children further to Parliamentary Question No 318 of 6 April 2004, his views on whether it is acceptable that a person who is deceased 11 years has received two letters from the organisation in the past six months; if this gives rise to concerns surrounding the management of supplies and their source; and if he will make a statement on the matter. [12132/04]

I explained in the reply referred to by the Deputy that the Irish Blood Transfusion Service, IBTS, holds records manually and electronically for active donors, lapsed donors and donors who have been excluded from donation for one reason or another. The IBTS does not remove records from its database as it may need access to a donor's records for look-back to trace previous donations, should the need arise. The EU directive on blood quality and safety stipulates that donor records must be retained for a minimum period of 30 years to allow for full traceability. The IBTS uses its client database to contact donors when required and to encourage eligible donors to donate again. It is not uncommon for an individual to donate one or more times before allowing donations to lapse. When contacted by the IBTS, some donors welcome the opportunity to begin donating again.

Unfortunately, unless the family of a donor contacts the IBTS to it that the donor has died, the service has no way of ascertaining this information. I am assured that the IBTS regrets any distress caused to the families of deceased donors by this practice.

Health Board Services.

Emmet Stagg

Ceist:

629 Mr. Stagg asked the Minister for Health and Children the reason speech, physical and occupational therapy cannot be provided for a person (details supplied) in County Kildare; if he will ensure that the resources required are made available; and if he will make a statement on the matter. [12148/04]

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 chief executive officer 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.

John Curran

Ceist:

630 Mr. Curran asked the Minister for Health and Children if he will review SI No. 248 of 2000 Health (Dental Services for Children) Regulations, which extends to children up to their sixteenth birthday; and if this specific part of the regulation will be reviewed with a view to providing free dental services to students under 16 who attended fee paying junior schools but are now attending non-fee paying secondary schools. [12149/04]

Under section 67 of the Health Act 1970, the children eligible for health board dental services are pre-school and national school children in respect of defects noted at child health examinations. Child health examinations are provided by health boards to children attending national school in accordance with section 66 of the Act. There is provision under section 66(3) for a health board, at its discretion, to provide child health examinations to children attending a school that is not a national school. Such discretion may be applied once the governing body of the school so requests.

The Health (Amendment) Act 1994 amended the Health Act 1970. The regulations made under this Act — the Health (Dental Services for Children) Regulations, 2000 — extended eligibility for free primary dental care to children up to their sixteenth birthday, who have attended a national school or a school standing specified in an order under section 66(3) of the Health Act 1970. As part of the implementation process for the national health strategy, a review of all existing eligibility legislation is being undertaken in my Department. Arising from this review, legislation will be drafted to clarify and simplify eligibility and entitlements to health services in line with the goals and objectives set out in the strategy.

Air Services.

Pat Breen

Ceist:

631 Mr. P. Breen asked the Minister for Transport if he will meet a delegation from the Shannon area on the concerns regarding both the future of Aer Lingus and the EU open-skies negotiations; and if he will make a statement on the matter. [11784/04]

I am meeting a delegation from the Shannon area later this week to listen to views on a range of issues relating to Shannon Airport. The delegation will include local interest groups and public representatives whom I will be informing of the latest position regarding the EU-US aviation negotiations and their possible impact on Shannon. I will outline what I will be doing to mitigate their impact. I will also stress that the recent decisions by Aer Lingus regarding staffing levels are commercial decisions for the company and that it would not be appropriate for me to comment or intervene in those decisions.

Driving Licences.

Phil Hogan

Ceist:

632 Mr. Hogan asked the Minister for Transport when a truck licence will be given to a person (details supplied) in County Kilkenny; and if he will make a statement on the matter. [11999/04]

Under the Road Traffic Act 1961 and the Road Traffic (Licensing of Drivers) Regulations 1999 to 2001, it is a matter for the appropriate licensing authority and not my Department to determine the eligibility of a person for a driving licence and to issue licences.

Road Signage.

Bernard Allen

Ceist:

633 Mr. Allen asked the Minister for Transport if he proposes to change the traffic signs indicating end of speed limits when in the case outside the speed limit in the next zone which motorists are entering, in view of the fact that the signs at present are ambiguous as there are speed limits on all roads. [12000/04]

A broadly based working group established last year to review speed limit policies against the backdrop of the adoption of metric values for speed limits has presented a comprehensive report that incorporates a wide range of recommendations. The report is available on my Department's website and in the Oireachtas Library. The working group recommended that with the changeover to metric values each speed limit sign should display the actual speed limit value in numerals together with the units "km/h" to clearly indicate that the value being displayed is metric. I intend to bring forward the necessary legislative proposals needed to support new speed limits structures based on the working group's report before the Oireachtas shortly. Arrangements will follow to put appropriate traffic signs regulatory provisions in place.

Organ Donors.

Mary Upton

Ceist:

634 Dr. Upton asked the Minister for Transport if he will facilitate the introduction of the opt-out organ donation process by registering all driving licence holders as organ donors, with the possibility of opting out of the scheme; and if he will make a statement on the matter. [12271/04]

Ciarán Cuffe

Ceist:

672 Mr. Cuffe asked the Minister for Transport if he would consider including an organ donor card as part of the standard driving license. [12136/04]

I propose to take Questions Nos. 634 and 672 together.

The paper format driving licence currently in use contains an optional section where the licence holder may, if he or she so wishes, indicate consent to be an organ donor. I am considering the introduction of a plastic card licence, having regard to developments at EU level. Consideration will be given as part of development of the card licence system as to whether optional information regarding organ donation might be recorded on the card licence. In the context of organ donation, I consider that it would be more appropriate for a prospective organ donor to positively consent to donation as currently provided.

Airport Development Projects.

Pat Breen

Ceist:

635 Mr. P. Breen asked the Minister for Transport if plans for runway development at Dublin Airport in the mid-1970s consisted initially of a proposed east-west runway to the north of the terminal area to be followed by a second parallel runway to the south of this area when traffic growth required it; the reason such proposals were subsequently reversed resulting in the actual construction in the late 1980s of the existing east-west runway to the south of the terminal area; and if he will make a statement on the matter. [11118/04]

Pat Breen

Ceist:

636 Mr. P. Breen asked the Minister for Transport if, in relation to the Air Navigation and Transport (Amendment) Bill 1997, if the original scheme of the Bill, as previously prepared under the jurisdiction of the former Minister of State, Deputy Stagg, included a provision to grant protected area powers to Aer Rianta in the vicinity of an airport owned or managed by it; the reason such provision was withdrawn by the then Minister, Deputy O’Rourke; and if he will make a statement on the matter. [11119/04]

Pat Breen

Ceist:

638 Mr. P. Breen asked the Minister for Transport if his attention has been drawn to the recent ERM and Llewelyn-Davies reports relating to Dublin Airport together with the Aer Rianta consultation brochure of October 2002, all which differ considerably in relation to their portrayal of the length and respective end points of the proposed northern parallel runway 10/28 at Dublin Airport leading to considerable confusion on the part of the public; the way such major discrepancies could have arisen; and if he will make a statement on the matter. [11121/04]

Pat Breen

Ceist:

639 Mr. P. Breen asked the Minister for Transport if his attention has been drawn to the fact that an agent engaged by Aer Rianta lodged a planning objection followed by a subsequent appeal to An Bord Pleanála against a proposal to construct an extension/granny flat at Cloghran, County Dublin; the rationale for such seemingly contradictory action conducted on his behalf by Aer Rianta; and if he will make a statement on the matter. [11122/04]

I propose to take Questions Nos. 635, 636, 638 and 639 together.

With regard to the sequencing of the east-west runways, the long-term development plan for Dublin Airport, as envisaged in the late 1960s, included the construction of two such runways, one to the north of the terminal and a second to the south of this area as and when traffic growth required it. In 1980, a committee comprising representatives of Aer Rianta, Aer Lingus and the Department of Transport was tasked with recommending a plan for runways at Dublin Airport to meet its long-term needs. The committee recommended the construction of the south runway first, on the basis of better visibility of eastern approaches of the runways, reduced taxiing distances to and from the central terminal area and the facility to handle general aviation on the existing runway 12/30. I understand that considerable weight was also attached to the views of the planning officials in the then local planning authority, Dublin County Council, in favour of the construction of the south runway first. The runway was subsequently opened for traffic in June 1989.

In the context of preparing the Air Navigation and Transport (Amendment) Bill 1997, consideration was given to providing Aer Rianta with the power to make orders declaring particular areas of land in the vicinity of airports to be protected areas, where unrestricted use of such lands could interfere with the safety of aircraft. The power to make such orders rested with the Minister under section 14 of the Air Navigation and Transport Act 1950. In the course of consultations on the drafting of the Bill, however, it was decided that the status quo operated satisfactorily and the ministerial power under the 1950 Act to make protected area orders was retained and remains in force.

I understand from Aer Rianta that its consultation brochure of October 2002 was produced as part of the public information process associated with the preparation of an environmental impact statement to accompany a future runway planning application to the local planning authority. The other documents referred to by the Deputy were produced for different purposes. Regarding the portrayal of the length and respective end points of the proposed second parallel runway, I am not aware of any significant differences between Aer Rianta's consultation brochure and the final ERM report, which was formally submitted to the Minister for the Environment, Heritage and Local Government and me last September. The Llewelyn-Davis report, which I understand was an interim report, was commissioned by Fingal County Council and it is a matter for that authority to satisfy itself as to an acceptable level of accuracy of technical data given the main purpose of the report.

The issue which the Deputy has raised relating to a planning proposal at Cloghran, County Dublin, falls within the remit of Aer Rianta and the planning authorities.

Pat Breen

Ceist:

637 Mr. P. Breen asked the Minister for Transport further to his confirmation of the respective sizes of the various red zones at the State airports by way of replies to recent parliamentary questions, the reason the inner edge width of the red zones at either end of runway 11/29 at Dublin Airport is a mere 150 metres whilst the inner edge widths of similar red zones on all other cross runways at the three State airports are 300 metres; and if he will make a statement on the matter. [11120/04]

I am advised by the Irish Aviation Authority that runway 11/29 at Dublin Airport has been protected as a non-instrument runway. The projection of the approach surface for a non-instrument runway on to a plan area would result in an inner edge that is 150 m wide. The cross runways at Cork Airport and Shannon Airport have been protected as instrument runways.

Questions Nos. 638 and 639 answered with Question No. 635.

Pat Breen

Ceist:

640 Mr. P. Breen asked the Minister for Transport if, in relation to the recent ERM study pertaining to the three State airports and with particular reference to the public safety zones contained in the comprehensive report issued by ERM in June 2003 and the similar but somewhat different PSZs shown in the earlier draft report issued only to the various public representatives on Dublin, Cork and Clare County Councils, if he will outline in tabular form, in respect of all runways at each of the State airports, the respective levels of perceived air traffic movements on which such PSZs are based; and if he will make a statement on the matter. [11123/04]

As part of the public consultation process before it finalised its report, Environmental Resources Management Limited published a draft report on public safety zones in June 2003. In annexes C, D, and E of the report, dealing with aircraft movements at Cork, Dublin and Shannon airports respectively, there are tables which outline the numbers of aircraft movements used in calculating the public safety zones being proposed by ERM. The tables, which are summarised in tabular format below, set out the estimated future annual maximum number of aircraft movements at those airports. The final ERM report, which was submitted to the Departments of Transport and Environment, Heritage and Local Government in September 2003, is still being examined. The figures in the tables in the final version of the report are the same as those in the draft version which was published in June 2003.

Cork Airport

Runway

7

25

17

35

Maximum movements

7,603

36,197

62,860

46,640

Dublin Airport

Runway

10

28

11

29

16

34

Maximum movements

45,230

154,770

4,940

20,060

20,694

9,306

Shannon Airport

Runway

6

24

13

31

Maximum movements

23,351

86,149

11,840

31,960

Driving Tests.

Brian O'Shea

Ceist:

641 Mr. O’Shea asked the Minister for Transport if, further to Parliamentary Questions Nos. 128, 129 and 130 of 1 April 2004, he will reply as to the reason Dungarvan, County Waterford, has the longest waiting time for a driving test in Europe; the reason Waterford has the second longest waiting time for a driving test in Europe; the reason the average waiting time for a driving test is 40 weeks in the Republic of Ireland while in Northern Ireland it is a month to six weeks; and if he will make a statement on the matter. [11139/04]

As I indicated in my reply to Question No. 122 of 25 March last, 13 driver testers are assigned to the south-east region covering ten driving test centres, including Dungarvan and Waterford. The level of service at the test centres is generally consistent with service levels in other centres. The allocation of driver testers to test centres is kept under review, having regard to the demand for tests. The waiting times at the Waterford and Dungarvan centres are being addressed in this context.

The overall numbers awaiting a driving test nationally have risen because of an above average increase of 21% in applications in 2003 compared to 2002. There are indications that applications have returned to normally expected levels, however. I anticipate that waiting times will improve over the coming year. A bonus scheme for driver testers to help to address the backlog was introduced in May 2003 and terminated in November 2003. The possibility of introducing a further bonus scheme in 2004 is being considered. In addition to the bonus scheme, eight retired driver testers were re-employed with effect from 13 October 2003. Driver testers continue to deliver additional tests by working overtime on Saturdays and on weekends. Preparation of legislation to establish a driver testing and standards authority, which will take on responsibility for conducting driving tests and will have more flexibility to respond to variations in demand, is at an advanced stage. I expect to be in position to submit the text of the Bill to the Government shortly.

Parking Regulations.

Breeda Moynihan-Cronin

Ceist:

642 Ms B. Moynihan-Cronin asked the Minister for Transport the existing fine for each of the current parking offences. [11151/04]

Where a person is convicted in court of illegal parking he or she is liable to a fine not exceeding €800 for a first offence, a fine not exceeding €1,500 for a second or subsequent offence and if a third or subsequent such offence is committed within 12 months the person is liable to a fine not exceeding €1,500 or, at the discretion of the court, to imprisonment for a term not exceeding three months, or both. The determination of the actual fine to be imposed in each particular case is a matter for the courts. The offence of illegal parking comes within the scope of the on-the-spot fines system. The amount of the on-the-spot fine applicable to this offence is €19. If an on-the-spot fine notice is issued, it is open to the person to whom the notice is addressed to pay the relevant amount to avoid the matter proceeding to court.

The Road Traffic Act 2002 provides for the replacement of the current on-the-spot fines system by a fixed charge system. The new system, which already applies to the offences of exceeding a speed limit and breaching the requirements for the use of seat belts, brings greater certainty to the application of administrative charges in respect of offences. It features, in particular, the provision that the original amount of the fixed charge will automatically increase by 50% if payment is not made within 28 days of the date of the original notice. The roll-out of the system to the majority of traffic and parking offences including the offence of illegal parking is being progressed in conjunction with the Department of Justice, Equality and Law Reform and the Garda authorities. I envisage that this process will feature the updating of the charges associated with parking offences generally including this offence.

National Car Test.

Arthur Morgan

Ceist:

643 Mr. Morgan asked the Minister for Transport if he will notify motorists whose vehicles are more than five years old and, therefore, do not have the EU logo on their registration plates, to advise them that this will cause them to fail the NCT; and if he will make a statement on the matter. [11250/04]

All cars that are four years old or over are required to undergo the national car test. The test items and the reasons for failure of the test are specified in the Road Traffic (National Car Test) Regulations 2003 and are described in the 1999 NCT manual, which is published by the stationery office. They include the requirements in relation to registration plates as set out by the Revenue Commissioners.

Dublin Transportation Office.

Ruairí Quinn

Ceist:

644 Mr. Quinn asked the Minister for Transport if the local authority advisory committee of the Dublin Transportation Office continues to function; if it does not, when this committee ceased to exist and the reason therefor; and if he will make a statement on the matter. [11324/04]

Ruairí Quinn

Ceist:

645 Mr. Quinn asked the Minister for Transport the reason the members of Dublin City Council, nominated to serve on the local authority advisory committee of the Dublin Transportation Office have not been invited to attend a meeting since their nomination in July 1999. [11325/04]

I propose to take Questions Nos. 644 and 645 together.

I am advised by the Dublin Transportation Office, DTO, that its advisory committee has not ceased to exist. Its most recent term of appointment expired on 31 December 2003, however. The reappointment of the committee depends, in the first instance, on notification to the DTO by represented agencies of nominees for appointment for the new term. The DTO is awaiting outstanding information from some of the represented agencies in this regard. In the meantime, I will make arrangements for the reappointment of the committee, based on the nominations received to date. The DTO advisory committee was established in March 2000. I understand from the DTO that two members of Dublin City Council were nominated at the time to serve on the committee. A total of 12 meetings of the committee have taken place since 16 March 2000, the last of which took place on 7 May 2003. I understand from the DTO that both public representatives were invited to attend each of the meetings held. The DTO has informed me that the minutes from each meeting record that neither of the councillors attended any of the meetings that were held.

Great Southern Hotels.

Brendan Howlin

Ceist:

646 Mr. Howlin asked the Minister for Transport the Government’s intention in relation to the future of Great Southern Hotels; if it is his intention to ensure that all Great Southern Hotels remain in public ownership; the timeframe he envisages for changes; and if he will make a statement on the matter. [11353/04]

As I stated in my replies to previous questions on this matter, the issue of Aer Rianta's main subsidiaries, including the Great Southern Hotels group, is being carefully examined in the context of the Department of Transport's ongoing work on the implementation of the Government's decision to restructure Aer Rianta. It would not be appropriate for me to pre-empt the outcome of this work.

Rural Transport Services.

Denis Naughten

Ceist:

647 Mr. Naughten asked the Minister for Transport the specific funding allocated to each rural transport initiative group since 2002, including to date in 2004; and if he will make a statement on the matter. [11364/04]

Area Development Management Limited administers the rural transport initiative on behalf of my Department. Specific allocations for individual projects under the initiative are made by ADM from funds provided for this purpose by my Department. The specific details required by the Deputy are outlined in the following table, the information for which has been supplied to my Department by ADM.

Rural Transport Initiative

Operational Area

Total RTI Allocation

Free Travel Pass Allocation

RTI Allocation1

2002-2003

2003

2004

Aughrim-Kilmore Development Association Ltd.

North Roscommon

46,349

2,560

40,000

Avondhu Area Transport Partnership

Mid-Cork

146,349

12,400

81,051

Bantry Integrated Development Group

South West Cork

203,158

6,760

45,436

Bealach (Connamara Local Transport Partnership)

West Galway

134,349

11,120

79,360

Borrisokane Area Network Development Ltd.

North Tipperary

66,349

5,640

40,000

Carlow, Kilkenny, Sth Tipperary Rural Transport

Co. Carlow / Co. Kilkenny / South Tipperary

355,527

27,840

172,883

Comharchumann Chleire Teo (Cape Clear)

South Cork (Island)

101,349

2,560

53,194

Community of Lougharrow Social Project

East Sligo

86,349

7,440

49,600

County Limerick / North Cork Transport Group

Co. Limerick / North Cork

186,349

19,600

109,060

County Sligo LEADER Partnership Company Ltd.

North West Sligo

86,349

6,880

49,594

East Clare Accessible Transport

Clare

253,948

19,120

98,696

I.R.D. Duhallow

North West Cork

101,349

9,840

58,900

Kerry Community Transport

Co. Kerry

571,382

45,360

274,367

Kilnaleck Community & Cooperative Soc. (Cavan)

South Cavan

47,349

3,600

40,000

Laois Rural Regeneration Partnership

Co. Laois

156,349

13,320

93,117

Longford Community Resources Ltd.

North Longford

101,349

6,720

58,064

Meath Accessible Transport

Co. Meath

215,855

9,080

72,710

Meitheal Mhaigh Eo

Co. Mayo

166,349

15,000

99,372

MFG Teo

North Donegal

146,349

13,000

86,924

Monaghan Partnership

Mid Monaghan

50,244

3,760

40,000

North Fingal Rural transport Company

North Dublin

136,349

7,080

40,000

Oak Partnership (Offaly / Kildare)

North Offaly / North West Kildare

317,435

22,240

124,575

Rural Lift (Co. Leitrim, Nth Cavan)

North Cavan / Co. Leitrim

177,763

12,280

72,439

Seirbhís Iompair Tuaithe Teo

South West Donegal

120,000

9,600

69,126

South East Galway Integrated Rural Dev.

South East Galway

101,349

8,400

58,910

South Kildare Rural

South Kildare

228,553

19,880

129,215

South Westmeath (Mount Temple)

Westmeath

146,349

13,240

86,797

Tipperary LEADER Group

North Tipperary

54,349

4,120

40,000

Tumna Shannon Development Co.

North Roscommon

76,349

4,360

43,460

Waterford Rural Transport Working Group (CDB)

Co. Waterford

151,349

12,800

90,734

West Coast Wexford Rural Transport Initiative

South West Wexford

106,349

9,320

60,890

West Offaly Partnership

West Offaly

126,349

8,800

74,400

Wexford Area Partnership

West Wexford

86,349

5,880

49,600

Wicklow Rural (Aughrim Tidy Towns Ltd.)

South Wicklow

146,349

14,000

86,794

1 It is understood that the Department of Social and Family Affairs will provide up to €500,000 for the operation of the Free Travel Scheme in the RTI in 2004. ADM is in the process of contacting the RTI groups as regards the individual allocations from this funding.

Denis Naughten

Ceist:

648 Mr. Naughten asked the Minister for Transport the objective of an appraisal of an rural transport initiative scheme (details supplied); and if he will make a statement on the matter. [11365/04]

Martin Ferris

Ceist:

664 Mr. Ferris asked the Minister for Transport if he will make a statement on the future of the rural transport initiative; and the allocation his Department is planning to make after the end of 2004. [11753/04]

I propose to take Questions Nos. 648 and 664 together.

As I said in my reply to Question No. 327 of 6 April last, Area Development Management Limited, which administers the rural transport initiative on behalf of my Department, is undertaking an appraisal of the scheme. It will be an appraisal of the entire initiative, which covers 34 separate projects, including the project operated by the south Westmeath rural transport association. The appraisal is expected to be completed by the summer. The primary objective of the appraisal is to identify the key impact of the scheme and policy lessons that have emerged from its implementation. When the appraisal has been completed, I will consider the findings and take whatever decisions are appropriate with regard to the continuation of the initiative and the funding of rural transport projects generally and in good in time for the period after 2004.

Decentralisation Programme.

Paul Connaughton

Ceist:

649 Mr. Connaughton asked the Minister for Transport the position regarding the decentralisation of the National Roads Authority to Ballinasloe, County Galway; if he will state if a suitable site has been identified; the way staff from the NRA are willing to relocate to Ballinasloe; if he will give a timetable for this project to be completed; and if he will make a statement on the matter. [11383/04]

The Office of Public Works has been actively seeking suitable accommodation sites for the National Roads Authority in Ballinasloe. Discussions between my Department, the OPW and the NRA will begin shortly to identify a suitable site based on this work. The report of the decentralisation implementation group, which was published on 7 April 2004, recommended that a central applications facility be established to identify staff who wish to decentralise to the various locations. NRA staff will have access to this facility which, when operative, will make it possible to identify the numbers of staff who wish to decentralise with the NRA. The NRA is working on an implementation plan and will report to the implementation group.

Taxi Regulations.

Bernard Allen

Ceist:

650 Mr. Allen asked the Minister for Transport the reasons the position of taxi regulator has not been filled despite the post being advertised in early to mid-2003. [11387/04]

The Taxi Regulation Act 2003 was enacted in July 2003 to provide a legislative basis for the establishment of a Commission for Taxi Regulation and an advisory council to the commission. Section 14 of the Act requires that the commissioner for taxi regulation be selected by means of an open recruitment competition held by the Civil Service and Local Appointments Commission. Following a competition for the post of commissioner in 2003, the Civil Service and Local Appointments Commission was unable to recommend a candidate for appointment. A further recruitment competition on the basis of an enhanced salary for the position is being progressed by the commission. The closing date for applications was 4 March 2004 and interviews for the position took place recently. I am awaiting a response from the Civil Service and Local Appointments Commission regarding the outcome of the interview process.

Light Rail Project.

Charlie O'Connor

Ceist:

651 Mr. O’Connor asked the Minister for Transport the schedule now being followed in respect of the Luas project in Tallaght; and if he will make a statement on the matter. [11431/04]

Passenger services on the Tallaght to Connolly Luas line are on schedule to begin at the end of August 2004.

Departmental Correspondence.

Denis Naughten

Ceist:

652 Mr. Naughten asked the Minister for Transport if he will furnish a response to correspondence (details supplied); and if he will make a statement on the matter. [11456/04]

A reply issued to the Deputy's letter on 26 April last.

Air Services.

Denis Naughten

Ceist:

653 Mr. Naughten asked the Minister for Transport the plans he has to introduce an acceptable form of identification other than a driver’s licence or a passport, for use with low cost air transport to the UK; and if he will make a statement on the matter. [11457/04]

Decisions by any airline regarding what it considers to be acceptable identification for its own purposes are matters entirely for those airlines, and not matters in which I have any function. I understand that airlines' requirements about forms of identification acceptable to them are clearly set down in the terms and conditions provided to passengers when, for instance, booking and purchasing tickets for low cost air transport to the UK. I have no plans to introduce another form of identification.

Driving Tests.

Willie Penrose

Ceist:

654 Mr. Penrose asked the Minister for Transport if steps will be taken to expedite an application for a driving competency test made by a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [11458/04]

A driving test appointment has been arranged for the person concerned.

Light Rail Project.

Trevor Sargent

Ceist:

655 Mr. Sargent asked the Minister for Transport if all signage, halt names and other writing associated with Luas will be in Irish and English. [11503/04]

All tram and road vehicle signage relevant to the operation of Luas has been designed and installed with due reference to the relevant legislation, including the Official Languages Act 2003 and the traffic signs manual, which was produced by the then Department of the Environment and Local Government in 1996 but now comes within the remit of the Department of Transport. Any other Luas signage, including tram stop names, will be in accordance with industry best practice, with an emphasis on symbology and incorporation of bilingual text where required.

Public Transport.

Billy Timmins

Ceist:

656 Mr. Timmins asked the Minister for Transport the position regarding an application for funding from Wicklow County Development Board for funding for the Wicklow rural transport initiative; if, in view of the circumstances, funding can be increased as a matter of urgency; and if he will make a statement on the matter. [11577/04]

I have received a request from Wicklow County Development Board for additional funding for the Wicklow rural transport initiative and have responded in the matter. Area Development Management Limited, ADM, is managing the RTI on behalf of my Department and I have copied this correspondence to ADM for its information.

There has been no reduction in the funding provided by my Department for the rural transport initiative, RTI. On the contrary, while €4.4 million was earmarked for the RTI in the national development plan, some €6 million has already been provided for the initiative in the two year period ending December 2003 and further funding of €3 million is being provided in 2004. Specific allocations for individual RTI projects are made from this funding by ADM.

I understand that the allocations to date from ADM do not include funding arising from the application of the free travel scheme to the RTI in 2004 or any funding which individual projects might acquire from other sources. In addition to the funding from my Department, I understand that the Department of Social and Family Affairs will provide up to €500,000 for the operation of the free travel scheme in the RTI in 2004. ADM is in the process of contacting the RTI groups as regards the individual allocations from this funding.

Driving Tests.

Willie Penrose

Ceist:

657 Mr. Penrose asked the Minister for Transport if he will take steps to expedite an application for a provisional licence for a person (details supplied) in County Westmeath who has already completed their theory test; and if he will make a statement on the matter. [11607/04]

Under the Road Traffic Act 1961 and the Road Traffic (Licensing of Drivers) Regulations, 1999 to 2001, it is a matter for the appropriate licensing authority and not my Department to determine the eligibility of a person for a driving licence, and to issue licences.

Light Rail Project.

Denis Naughten

Ceist:

658 Mr. Naughten asked the Minister for Transport if he has received the railway inspecting officer’s report on the derailment of the Luas tram at Beechwood, Ranelagh, on 7 April 2004; when he intends to receive the final report; and if he will make a statement on the matter. [11615/04]

I understand that the Interim Railway Safety Commission, IRSC, was notified of the incident and is being kept up to date on the Railway Procurement Agency's investigation, which is not yet concluded. Should the investigation indicate that any remedial safety actions need to be taken in terms of modifications to equipment or operating procedures, the IRSC will ensure that this is done as part of the safety approval process for Luas.

Road Traffic Offences.

Denis Naughten

Ceist:

659 Mr. Naughten asked the Minister for Transport the number of drivers of vehicles apprehended under the penalty points system who have not had points attached to their licences; the reason therefor; the number of persons within this category who have paid the associated cash fine; and if he will make a statement on the matter. [11629/04]

Denis Naughten

Ceist:

671 Mr. Naughten asked the Minister for Transport the number of drivers who have had their penalty points withdrawn and their fines returned; the reason for the withdrawal of the penalty; and if he will make a statement on the matter. [12104/04]

I propose to take Questions Nos. 659 and 671 together.

The penalty points system, which is provided for in the Road Traffic Act 2002, was introduced with effect from 31 October 2002 for the offence of breaching a speed limit, from 1 June 2003 for insurance offences and from 25 August 2003 for seat belt wearing offences. Penalty points are applied to the driving licence records of those convicted of such offences and, in the case of speeding and seat belt wearing offences, to those who pay a fixed charge to the Garda in order to prevent the instigation of court proceedings. As of 6 April 2004, penalty points have been endorsed in respect of 128,966 drivers.

Section 2 of the Act provides that the endorsement of penalty points can only occur following the receipt of a notification that a person has been convicted of the commission of a penalty point offence or has paid a fixed charge.

Responsibility for the issue of notification following a conviction for a penalty point offence rests with the Courts Service and, where a fixed charge is paid, with the Commissioner of the Garda Síochána. There is no basis for a refund of a fixed payment provided for in the Road Traffic Acts. The only basis for the removal of penalty points provided for in the Act is where a court accepts a late appeal from a person convicted of a penalty point offence and following the hearing of the appeal sets aside the original conviction. To date no driver has had penalty points removed from his or her driving licence record.

As of 6 April 2004, some 18,000 drivers of vehicles, apprehended under the penalty points system and who have paid their fixed charge, do not have points endorsed on their driver licence records. The reasons that these drivers do not have points endorsed on their driver licence records include not holding a driving licence and the non-holding of an Irish driving licence. A record is opened in the national driver file recording details of the offence and the number of penalty points applicable are held in abeyance. Should the driver apply for an Irish driving licence at a later date, the points then become live and will be endorsed on the licence record for a three-year period.

Driving Tests.

Pat Breen

Ceist:

660 Mr. P. Breen asked the Minister for Transport the qualifications required for an applicant seeking the position of a driving tester; and if he will make a statement on the matter. [11672/04]

Pat Breen

Ceist:

670 Mr. P. Breen asked the Minister for Transport if he has plans to recruit driving testers through the Civil Service Commission to deal with the large number of applicants who are waiting for their driving test; and if he will make a statement on the matter. [11993/04]

I propose to take Questions Nos. 660 and 670 together.

Details of qualifications which candidates were required to possess for the last competition conducted by the Civil Service Commission included: a good general education; a satisfactory knowledge of the Rules of the Road, road procedures and the law relating to road traffic in so far as it concerns the driver of a mechanically-propelled vehicle; at least five years satisfactory driving experience within the seven years ending on 25 June 1998; a general understanding of the working of mechanically-propelled vehicles; report writing skills with a particular reference to accuracy, clarity and conciseness; a clean driving licence, other than a provisional licence, valid in the State on the day of the test; excellent interpersonal skills including the ability to communicate clearly both orally and in writing; the capacity to remain calm and courteous in dealing with applicants and the requisite knowledge and ability and be suitable to discharge the duties of the position.

The Department keeps the level of vacancies under review having regard to current and future requirements of the driver testing service.

Willie Penrose

Ceist:

661 Mr. Penrose asked the Minister for Transport if he will take steps to expedite an application for a driving test, by a person (details supplied) who requires same for their work; if in view of the correspondence enclosed, if same can be expedited; and if he will make a statement on the matter. [11735/04]

A driving test will be arranged as soon as possible for the person concerned.

John McGuinness

Ceist:

662 Mr. McGuinness asked the Minister for Transport if a driving test can be arranged as a matter of urgency for a person (details supplied) in County Kilkenny as the licence relates to their employment prospects. [11737/04]

The person concerned did not submit documentary evidence to support her request for an early driving test appointment. On receipt of the necessary documentation an early test appointment will be arranged.

Hackney Services.

Seymour Crawford

Ceist:

663 Mr. Crawford asked the Minister for Transport if it is acceptable that a hackney service running a small minibus can charge persons to their home on a round journey rather than having to do single journeys as seems to be the case under the law; if a minibus can only make one journey, if he has the intention of changing the law in order to make this more realistically costed and practical in rural parts; and if he will make a statement on the matter. [11741/04]

Hackneys, as private hire vehicles, are not subject to fare controls under the public service vehicles regulations. In the case of taxis, the fare is generally established at the end of the hire by reference to the taximeter and any other legal charges. However, in the case of hackneys, the fare should be agreed on a private hire basis in advance, as the hire should not involve the vehicle either standing or plying for hire. Accordingly, it is a matter for the person hiring a hackney to agree the fare for a journey in advance, including the manner of its calculation.

Question No. 664 answered with QuestionNo. 648.

Quality Bus Corridors.

Paul McGrath

Ceist:

665 Mr. P. McGrath asked the Minister for Transport the percentage of commuters using cars versus buses, and bicycles where relevant, along the major quality bus networks before and after their completion. [11869/04]

The annual joint monitoring exercise of the performance of quality bus corridors by Dublin Transportation Office, Dublin City Council and Bus Átha Cliath at canal cordon points, last carried out in November 2003, shows the following aggregate results on nine QBC routes:

Corridor

Mode

November 1997

November 2003

% change

Stillorgan

Car

5,794

3,323

–42.65

Bus Passengers

1,787

6,058

+239

Blanchardstown

Car

5,963

5,561

–6.74

Bus Passengers

4,573

6,668

+45.81

Lucan

Car

6,104

5,393

–11.65

Bus Passengers

4,303

6,759

+57.08

Finglas/Swords

Car

5,678

5,000

–11.94

Bus Passengers

5,670

7,611

+34.23

North Clondalkin

Car

1,555

1,405

–9.65

Bus Passengers

2,079

2,879

+38.48

Malahide

Car

4,620

1,599

–65.39

Bus Passengers

4,747

9,116

+92.04

Tallaght

Car

3,314

2,237

–32.50

Bus Passengers

4,098

6,318

+54.17

Rathfarnham

Car

3,605

2,704

–24.99

Bus Passengers

3,285

3,631

+10.53

Total

Car

36,633

27,222

–25.69

Bus Passengers

30,542

49,040

+60.57

While the figures show the numbers of cars on each corridor, the monitoring exercise does not capture the numbers of occupants per vehicle.

My Department has confirmed with the Dublin Transportation Office that the canal cordon counts show the following patterns of cycle patronage on the main QBCs in the period 1998 to 2003:

QBC

% change

N11/ Stillorgan

+22

N3/Blanchardstown

+5

Lucan

–5

Finglas QBC

–3

Swords

–30

N4/North Clondalkin/Ballyfermot

+24

Malahide QBC

+4

N81/ Tallaght

+37

Rathfarnham

–28

Cycling on the recently constructed stretch of the R110, which will be commissioned as the south Clondalkin QBC, has increased by 46% between 2001 and 2003. These figures are based on the canal cordon counts conducted in November, and are unlikely to be representative of cycling all year round.

Driving Tests.

Willie Penrose

Ceist:

666 Mr. Penrose asked the Minister for Transport if he will take steps to expedite an application for a driver theory test for a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [11895/04]

Driver theory test appointments are arranged by the driver theory testing service and not by my Department. The service may be contacted at LoCall number 1890 606106. Correspondence may be addressed to the customer service manager at PO Box 144, Drogheda, County Louth.

A key performance standard contained in the customer charter for the driver theory testing service is that tests are to be offered at centres undertaking more than 250 tests per annum within two weeks of a candidate's preferred date.

Air Services.

Charlie O'Connor

Ceist:

667 Mr. O’Connor asked the Minister for Transport if his attention has been drawn to concerns expressed at the annual general meeting of Tallaght community council in respect of low flying aircraft over the Tallaght region; if he will investigate the matter and reassure the population; and if he will make a statement on the matter. [11981/04]

The Irish Aviation Authority is responsible for the safety of civil aviation in Ireland. Accordingly, any concerns regarding low flying aircraft should be taken up directly with the Irish Aviation Authority, which will investigate the concerns of Tallaght community council about the aircraft involved.

Railway Stations.

Fergus O'Dowd

Ceist:

668 Mr. O’Dowd asked the Minister for Transport the progress to date on the proposal to re-open Dunleer railway station. [11991/04]

The location of stations on the rail network is a matter for Irish Rail. The company informs me that it has examined the case for re-opening Dunleer station on a number of occasions in the past. A review of the Dublin suburban rail strategy, conducted on behalf of the company, concluded that the station would only have very modest daily boardings given the population of the area. However, a new development plan has been approved for Dunleer, which involves significant population growth. While I understand that Irish Rail has not yet seen the revised development plan, the company has indicated that it is prepared to re-examine its position regarding the re-opening of the station if the plan is adopted and funding can be provided from developers.

Fergus O'Dowd

Ceist:

669 Mr. O’Dowd asked the Minister for Transport the position regarding the proposed new railway station for the north side of Drogheda. [11992/04]

The location of stations on the rail network is a matter for the board of Irish Rail. However, the company informs me it has no plan, at present, to build a second railway station in Drogheda. The company has informed me that it had some representations regarding a second station at Drogheda on the north side of the town. However, there are some concerns about the close proximity of the two stations and, in any event, a new station would have to be supported by high-density development within its immediate area.

Question No. 670 answered with QuestionNo. 660.
Question No. 671 answered with QuestionNo. 659.
Question No. 672 answered with QuestionNo. 634.

Public Transport.

John Curran

Ceist:

673 Mr. Curran asked the Minister for Transport if he will liaise with Iarnród Éireann, Dublin Bus and other relevant private parties to provide a bus service from the various neighbourhood centres to service Clondalkin train station, in view of the number of quality bus corridors nearing completion in the Clondalkin area. [12154/04]

John Curran

Ceist:

674 Mr. Curran asked the Minister for Transport if, in view of the fact that the Luas is nearing completion and the nearest Luas stop to Clondalkin will be the Red Cow Depot which is some considerable distance from Clondalkin, if he will liaise with Dublin Bus and other private operators who may be interested, to organise a local bus service from Clondalkin neighbourhood centres to the Luas Red Cow depot. [12155/04]

I propose to take Questions Nos. 673 and 674 together.

Integration between transport modes plays an integral part in providing a cohesive and efficient public transport network and I would encourage all operators to co-operate in providing linkages wherever practicable. However, the decision to provide a bus service and the level of that service is a day-to-day matter for the operators themselves and my Department has no function in deciding the services to be introduced. I am aware that Dublin Bus and the Railway Procurement Agency have held discussions regarding the linking of relevant bus services with Luas.

Since 10 January 2001 Dublin Bus is required to notify my Department at least four weeks in advance of the introduction of a proposed service or of any alterations to existing services. Similarly, under the Road Transport Act 1932, a private operator must submit an application to my Department for a route licence to operate services on a specified route. To date no formal applications from private operators or notifications from Dublin Bus have been received for the services outlined in the Deputy's question. However, my Department is committed to dealing, as a matter of urgency, with all applications or notifications for bus services which are related to QBC development or Luas.

Rail Network.

John Curran

Ceist:

675 Mr. Curran asked the Minister for Transport if he will report on progress being made by Iarnród Éireann with the Kildare route project. [12156/04]

Irish Rail has informed me that the project for the four-tracking of part of the Kildare route line is progressing well and expects to be in a position to submit a railway order application to me under the Transport Act 2001 later this year.

The company's project team completed a public consultation campaign during February and held public meetings along the route, during the course of which 100,000 public information leaflets issued to residents and businesses.

Ministerial Travel.

John Gormley

Ceist:

676 Mr. Gormley asked the Minister for Justice, Equality and Law Reform the number of bodyguards he takes with him on foreign visits; if his bodyguards have immunity from prosecution if they shoot anybody in a foreign country in the line of duty; and if he will make a statement on the matter. [12030/04]

I am informed by the Garda authorities that, for operational reasons, it is not the practice of the Garda Síochána to provide details of the number of protection officers accompanying any VIPs abroad. All such officers are subject in the normal manner to the national law pertaining in that jurisdiction.

Equal Opportunities Childcare Programme.

Paddy McHugh

Ceist:

677 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. [11146/04]

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 to an independent external building specialist to assess the suitability of the proposal and its value for money.

There has been significant ongoing dialogue between the group in question and ADM 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.

All counties have benefited from new projects and additional child care places under the programme. We now need to use the remaining capital funding to address the most immediate service gaps. As a result, all the projects in the pipeline will be reviewed to ensure that those projects, which best meet the programme criteria and which can be completed by the end of the present programme, will receive priority. The ability to bring a project to fruition before the end of the present programme is an important criterion at this stage as I am aware that it can frequently take time to complete a project and there are constraints to ensure that we maximise our EU funding.

I have no doubt the success of the present strand of the EOCP and the need to continue to make child care available to support the child care needs of our still growing work force will support my case for ongoing capital and current funding from Government for this key sector. Should additional funding become available before the end of the present national development plan, I would expect that the programme would again benefit from transfers.

Garda Recruitment.

Olwyn Enright

Ceist:

678 Ms Enright asked the Minister for Justice, Equality and Law Reform when a replacement garda will be sanctioned to Moneygall Garda station, Moneygall, Birr, County Offaly; and if he will make a statement on the matter. [11147/04]

I have been informed by the Garda authorities which are responsible for the detailed allocation of resources, including personnel, that a vacancy at garda rank arose at Moneygall Garda station on 31 March 2004 due to the retirement of a member of the Garda Síochána and that local Garda management intends filling this vacancy at the earliest opportunity.

EU Presidency.

Joe Costello

Ceist:

679 Mr. Costello asked the Minister for Justice, Equality and Law Reform the policies and procedures he has put in place to deal with security during the Irish Presidency of the EU; if extra gardaí have been redeployed from rural areas to increase Garda strength in Dublin during the Presidency; the extra numbers that have been transferred; the counties that have been affected; and if he will make a statement on the matter. [11148/04]

I am informed by the Garda authorities that a policing plan is put in place for each major event and/or meeting that takes places during Ireland's Presidency of the European Union. The extent of these plans depends upon the intelligence available on the overall security of the event, which, in turn, determines strategies to be implemented.

To date, no additional gardaí have been re-deployed from rural areas to increase Garda numbers in Dublin. However, for future significant events, such as the May Day celebrations, the Garda authorities inform me that it will be necessary to deploy personnel from rural areas to Dublin. Deployment of these personnel is a matter for and at the discretion of the Garda Commissioner.

Visa Applications.

Jack Wall

Ceist:

680 Mr. Wall asked the Minister for Justice, Equality and Law Reform if further to a previous parliamentary question of 1 April the enclosed documentation will be processed on the reassessment of a holiday visa for a person (details supplied); and if he will make a statement on the matter. [11149/04]

Following an appeal against the refusal of the application in question, the visa appeals officer re-examined the application, also taking into account the information supplied by the Deputy on behalf of the person in question. The appeals officer was not satisfied that the concerns of the visa officer, as outlined in my reply to the Deputy's Parliamentary Question No. 173 of 7 April 2004, had been addressed and refused the application on appeal. It is still open to the applicant to make a fresh application with up to date supporting documentation and the matter will be considered anew.

Garda Deployment.

Caoimhghín Ó Caoláin

Ceist:

681 Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform if he will advise the current level of Garda patrolling, presence in the greater Ballybane area of Galway city; the plans that have been prepared to enhance this presence and to develop a real and meaningful relationship between the Garda Síochána and the communities of this and neighbouring estates; and if he will make a statement on the matter. [11155/04]

I have been advised by the Garda authorities, which are responsible for the detailed allocation of resources, including personnel, that the Ballybane area of Galway city is policed by the Galway Garda station at Mill Street.

Road Traffic Offences.

Aengus Ó Snodaigh

Ceist:

682 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if he will report on the nature of the legal impediment to establishing a dedicated traffic corps in this State which has caused the Government to renege on its promise to do so in the programme for Government; the date on which this legal opinion was sought and received; the person the opinion was sought from; and the steps being taken by him and his Department to overcome the legal obstacle. [11156/04]

The commitment in the programme for Government on the establishment of a dedicated traffic corps is the subject of on-going discussions between my colleague, Minister for Transport, Deputy Brennan, and myself along with officials from our respective Departments.

It is not clear to which legal impediments the Deputy is referring. This topic was discussed briefly at a recent meeting of the Oireachtas Joint Committee on Enterprise and Small Business in the context of the insurance reform programme. As I informed the committee, a number of issues require detailed consideration not least of which is the considerable benefits to criminal investigations, which can ensue from gardaí carrying out traffic duties.

I am not aware of any legal advice on the subject nor did I refer to such advice at the committee, but it is reasonable to assume that any proposals in this area may require primary legislation.

Garda Equipment.

Aengus Ó Snodaigh

Ceist:

683 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if he will publish the recommendations of the implementation plan for the introduction of less than lethal devices into An Garda Síochána. [11157/04]

As the Deputy may be aware in November 2002 I authorised the acquisition and introduction, for use by the emergency response unit, of three less than lethal devices recommended in the implementation plan for the introduction of less than lethal devices into An Garda Síochána. I have no plans to publish the recommendations outlined in the implementation plan.

Garda Investigations.

Joe Higgins

Ceist:

684 Mr. J. Higgins asked the Minister for Justice, Equality and Law Reform if he will inquire from the Garda Commissioner if an adequate investigation was carried out into the death of a person (details supplied) in January 2000 following an assault earlier, in view of the Dublin Coroner referring the case to the Director of Public Prosecutions following a re-opened inquest on 31 August 2003. [11158/04]

I am informed by the Garda authorities that the death of the person referred to in the Deputy's question occurred in February 2002 and was fully investigated by the Garda Síochána. A file on the incident was forwarded to the Director of Public Prosecutions. The Director of Public Prosecutions directed that one person be charged under the Non-Fatal Offences Against the Person Act 1997. The case was listed for trial in October 2003 and was remanded to December 2003 when the accused was convicted and fined €250.

I understand that the inquest in this case commenced in the coroner's court on 31 March 2004. After hearing a number of witnesses including the State pathologist, the coroner adjourned the inquest and requested the file be sent back to the Director of Public Prosecutions.

As the Deputy will appreciate, I have no role in the investigation or prosecution of cases. This is a long-standing principle of our system of justice. The role of the Garda is to investigate alleged offences, to gather whatever evidence may be available and to submit a report to the Director of Public Prosecutions. The question of whether or not a particular person should be prosecuted and for what criminal offence is the responsibility of the DPP. The director, who is independent in the performance of his functions, makes his decision on the basis of the Garda findings viewed against the background of common and/or statute law. In the circumstances it would, therefore, be inappropriate for me to comment further on the case.

Visa Applications.

Ned O'Keeffe

Ceist:

685 Mr. N. O’Keeffe asked the Minister for Justice, Equality and Law Reform the position regarding an application for an entry visa to Ireland in respect of two persons (details supplied). [11163/04]

The visa applications in question were to enable a ten-year-old female and 13-year-old male to join a non-EEA national employed in the State under the work permit scheme. In general, persons employed in the State under this scheme may be joined by their spouse and their minor children after the worker has been in the State for one year and has been offered a contract of employment for a further year. The worker must also be able to fully support the family members in question without the need to have recourse to public funds. In this instance, however, the children are not the children of the worker and therefore do not come within the scope of the scheme. I understand that, on their mother's side of the family, the children have three aunts and an uncle in their country of origin and that they are residing with one of these aunts.

It was also noted that the information submitted in support of the applications stated that the children's parents were deceased and a death certificate was submitted in respect of the mother. No evidence was submitted as to the father of the children; further, the children each had different surnames, as did the sponsor. No documentation was submitted to show that the worker was in a position to fully support the children without the need for them to have recourse to public funds.

Residency Permits.

Willie Penrose

Ceist:

686 Mr. Penrose asked the Minister for Justice, Equality and Law Reform the reason a person (details supplied) was not granted residential status, despite the fact that this person is a veterinary surgeon by profession; if he will have this decision reviewed; and if he will make a statement on the matter. [11201/04]

I am informed that no application for residency has been lodged in respect of the person in question. However, my Department is aware that the person in question has made an application for a declaration of refugee status. As the Deputy will be aware, under the Refugee Act 1996, two independent statutory offices were established to consider applications and appeals for refugee status and to make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted.

These two offices are the Office of the Refugee Applications Commissioner, which considers applications for a declaration as a refugee at first instance and the Refugee Appeals Tribunal, which considers applications for a declaration at appeal stage. A final decision will be made in this case upon receipt of the recommendation of the Office of the Refugee Applications Commissioner.

Willie Penrose

Ceist:

687 Mr. Penrose asked the Minister for Justice, Equality and Law Reform the reason a person (details supplied) in County Westmeath was not granted residential status despite the fact that their family have obtained same and in view of the fact that this person is an orthodontist by profession; if he will have this decision reviewed; and if he will make a statement on the matter. [11202/04]

The person concerned entered the State on 16 March 2001 and claimed asylum. The Office of the Refugee Applications Commissioner recommended that he should not be declared as a refugee and he was notified of this recommendation on 8 April 2002 and informed that he could appeal the recommendation within 15 working days. No appeal was submitted against this recommendation within the permitted time limits.

The person concerned was notified on 21 June 2002 that the Minister had decided not to declare him a refugee and was proposing to deport him, and was accordingly giving consideration to his case under section 3 of the Immigration Act 1999. In addition, he was informed that he had 15 working days from the date of the letter to make written representations setting out the reasons as to why he should be allowed leave to remain in the State. I expect the case file to be submitted to me shortly for decision. This decision will be taken after consideration of a number of factors which are specified in section 3(6) of the Immigration Act 1999, as amended.

Garda Remuneration.

Willie Penrose

Ceist:

688 Mr. Penrose asked the Minister for Justice, Equality and Law Reform the level of increases that has been allocated in the Garda Vote for overtime for 2004; and if he will make a statement on the matter. [11204/04]

The 2004 overtime budget for the Garda Vote stands at €58.4 million. This figure represents an increase of €6.8 million, or 11.3%, on the 2003 allocation. In addition, a special allocation of nearly €7.5 million in overtime has been provided to deal with the security and policing demands of the Irish Presidency of the EU. This special allocation has ensured that normal policing resources will not be diverted during our six-month Presidency.

Residency Permits.

Willie Penrose

Ceist:

689 Mr. Penrose asked the Minister for Justice, Equality and Law Reform the reason a person (details supplied) was not granted residential status in view of the fact that this person is a doctor by profession; if he will have this decision reviewed; and if he will make a statement on the matter. [11205/04]

The person in question arrived in the State on 23 December 2002 and claimed asylum. The Office of the Refugee Applications Commissioner recommended that he should not be declared as a refugee and he was notified of this recommendation on 9 June 2003. The person in question appealed this recommendation to the Refugee Appeals Tribunal. Following an oral hearing, the original recommendation was affirmed and he was informed of this decision on 29 August 2003.

In accordance with section 3 of the Immigration Act 1999, the person concerned was informed on 30 October 2003 that it was proposed to make a deportation order in his case. He was given the options of making representations within 15 working days setting out the reasons as to why he should he should not be deported, that is be allowed to remain temporarily in the State; leaving the State voluntarily before the order was made; or consenting to the making of a deportation order. Representations have been received on behalf of the person concerned. This person's case file will be considered under a range of factors as set out in section 3(6) of the Immigration Act 1999, including, inter alia, domestic circumstances, employment history and employment prospects. I expect his case file to be submitted to me for consideration shortly.

Garda Investigations.

Paul Nicholas Gogarty

Ceist:

690 Mr. Gogarty asked the Minister for Justice, Equality and Law Reform if a Garda investigation is being carried out by the health board into allegations of assault (details supplied); when the findings of this investigation will be released; the action that will be taken; and if he will make a statement on the matter. [11228/04]

I have been informed by the Garda authorities that an investigation into this matter is currently being carried out by Ronanstown Garda station. A file is being prepared for transmission to the Director of Public Prosecutions.

Residency Permits.

Arthur Morgan

Ceist:

691 Mr. Morgan asked the Minister for Justice, Equality and Law Reform when a decision will be made in the case of a person (details supplied) who has applied for residency here in January 2001; and if he will make a statement on the matter. [11275/04]

The person concerned arrived in the State and made an asylum application in July 2001. Her husband followed her to the State and made an asylum application in September 2001. She gave birth on 18 September 2001. Both withdrew their asylum applications in November 2001 and applied for residency on the basis of parentage of the Irish born child.

Following the decision of the Supreme Court in the cases of L and 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 them. If, in the light of representations received and the range of factors set out in section 3(6) of the Immigration Act 1999, I decide not to make a deportation order they 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 examined.

Explosives Orders.

Joe Costello

Ceist:

692 Mr. Costello asked the Minister for Justice, Equality and Law Reform if he will consider banning the importation of ammonia nitrate-based fertiliser which is a major ingredient in the construction of bombs and which was banned in Northern Ireland in 1996; and if he will make a statement on the matter. [11276/04]

Pat Rabbitte

Ceist:

748 Mr. Rabbitte asked the Minister for Justice, Equality and Law Reform if he has received a report from officials of his Department on their consultations with all relevant State agencies and the industry to examine the potential use in explosive devices of enriched ammonium nitrates blends of fertilisers; if in particular he has received the results of trails to see how easily the fertiliser could be separated into an explosive compound; when he expects to be able to make a decision on this issue; and if he will make a statement on the matter. [11832/04]

I propose to take Questions Nos. 692 and 748 together.

Ammonium nitrate and ammonium nitrate-based fertilisers have been used by terrorists to manufacture improvised explosive devices in this jurisdiction, and in Northern Ireland, for many years. For that reason, regulations were introduced in 1972 in both parts of the island declaring ammonium nitrate and some ammonium nitrate-based fertilisers to be explosives.

In particular, Statutory Instrument 191 of 1972, Explosives (Ammonium Nitrate and Sodium Chlorate) Order 1972, declares that the substances specified in the schedule to the order shall be deemed to be explosives within the meaning of the Explosives Act 1875. The schedule to the order includes, inter alia, ammonium nitrate and certain fertilisers, which contain ammonium nitrate in excess of 79% by weight. Under the terms of the order, these substances are deemed to be explosives within the meaning of the Act and are, therefore, subject to the same security controls for licensing, importation and storage as conventional explosives.

The Northern Ireland order was amended in 1996 to state in essence that no one particle in a blended fertiliser may contain more than 79% by weight of ammonium nitrate. This means that if a blend contains a single granule or "prill" of ammonium nitrate it would fall within the remit of the order and would be declared an explosive.

The question of amending the relevant order in this jurisdiction in line with the amended order in Northern Ireland was considered in 2000 but, following consultation with all relevant agencies, including the forensic science laboratory, the Department of Agriculture, Food and Rural Development and the State Laboratory, it was decided that such an amendment was not necessary.

However, in the light of recent events and the concerns expressed over certain imports, officials of my Department, together with representatives of the Garda Síochána, the Defence Forces, the Department of Agriculture and Food, the State Laboratory, and the Forensic Science Laboratory, examined examples of these substances recently with the specific view to assessing the ease of segregation of ammonium nitrate from the blended fertiliser.

Following this examination, further discussions amongst the relevant agencies are planned, and recommendations on control of the substances will be made to the relevant Ministers as soon as possible.

Register of Electors.

Joe Costello

Ceist:

693 Mr. Costello asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the recent decision by the European Court of Human Rights that British prisoners have the right to vote; if he will put in place facilities to enable Irish prisoners to vote in the local and European elections here; and if he will make a statement on the matter. [11277/04]

As I indicated previously, in reply to Question No. 175 of 7 April 2004, the European Court of Human Rights, ECHR, in a judgment adopted on 9 March 2004, found that a breach of Article 3 of Protocol 1 to the European Convention on Human Rights had occurred in a case taken by a prisoner in the United Kingdom.

The prisoner, who is serving a sentence of life imprisonment, had complained that, as a convicted prisoner, he was subject to a blanket ban on voting in elections. This was as a result of legislation in the UK, section 3 of the Representation of the People Act 1983, which prohibits a convicted person from voting in a parliamentary or local election during the term of his or her detention in a penal institution. There is no such legislation in this country that prohibits a sentenced person from voting.

The Supreme Court, while taking cognisance of the fact that there are no statutory provisions that prohibit a convicted prisoner from voting, has held that the State is under no constitutional obligation to facilitate prisoners in the exercise of that franchise. I have, however, brought the recent ruling of the ECHR to the attention of both the Attorney General and the Minister for the Environment, Heritage and Local Government who has primary responsibility for electoral legislation and I will consider the implications of the court's judgment in consultation with my colleagues.

Residency Permits.

Brendan Howlin

Ceist:

694 Mr. Howlin asked the Minister for Justice, Equality and Law Reform the status of an application for permission to live and work here of persons (details supplied) residing in County Wexford; and if he will make a statement on the matter. [11278/04]

The person concerned, along with her then 17-month-old daughter, arrived in the State on 5 December 2001 and made an asylum application. She gave birth on 23 February 2002. Her husband arrived in the State on 23 March 2002 and made an asylum application. On 15 April 2002 both withdrew their asylum applications and applied for residency on the basis of parentage of the Irish born child.

Following the decision of the Supreme Court in the cases of L and 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. A large number of such cases are outstanding at present, including the cases to which the Deputy refers.

Since the persons in question do 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 them. If, in the light of representations received and the range of factors set out in section 3(6) of the Immigration Act 1999, I decide not to make a deportation order they 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 examined.

Child Abuse.

Phil Hogan

Ceist:

695 Mr. Hogan asked the Minister for Justice, Equality and Law Reform if the Garda investigation of the South Eastern Health Board in 1994 regarding the abuse of children in a residential centre at Cappaquin, County Waterford, was brought to a satisfactory conclusion; if the Garda received adequate co-operation from the South Eastern Health Board and the religious community that was responsible for the children’s centre at the time in which the abuse is alleged to have taken place; and if he will make a statement on the matter. [11279/04]

I am informed by the Garda authorities that a comprehensive Garda investigation was conducted into this matter and a completed file was submitted to the Director of Public Prosecutions. I am further informed that full co-operation was received by the Garda authorities from the South Eastern Health Board and the Mercy Order during the investigation.

I understand that the Director of Public Prosecutions directed that there be no prosecution in this case. As the Deputy will appreciate the question of whether or not a particular person should be prosecuted and for what criminal offence is the responsibility of the DPP. The director, who is independent in the performance of his functions, makes his decision on the basis of the Garda findings viewed against the background of common and/or statute law. In the circumstances it would, therefore, be inappropriate for me to comment further on the case.

Citizenship Applications.

Pat Carey

Ceist:

696 Mr. Carey asked the Minister for Justice, Equality and Law Reform when a decision will be made on the application by a person (details supplied) in Dublin 11 for naturalisation. [11345/04]

An application for naturalisation from the person referred to by the Deputy was received in the citizenship section of my Department on 26 March 2002. I understand that the processing of the application is almost finalised and that the case file will be passed to me for a decision in the near future. As soon as I have reached a decision on the matter I will inform both the applicant and the Deputy of the outcome.

Equal Opportunities Childcare Programme.

Pat Rabbitte

Ceist:

697 Mr. Rabbitte asked the Minister for Justice, Equality and Law Reform the plans he has to ensure the ongoing sustainability of the services operating under the equal opportunities childcare programme; and if he will make a statement on the matter. [11356/04]

Pat Rabbitte

Ceist:

698 Mr. Rabbitte asked the Minister for Justice, Equality and Law Reform the specific amounts allocated under the equal opportunities childcare programme and the way in which the various limits applied to these are determined; and if he will make a statement on the matter. [11355/04]

Pat Rabbitte

Ceist:

699 Mr. Rabbitte asked the Minister for Justice, Equality and Law Reform his views on whether it is appropriate that the many child care programmes continue to depend on active labour market programmes to provide their much needed services; the plans he has to review this situation; and if he will make a statement on the matter. [11357/04]

I propose to take Questions Nos. 697 to 699, inclusive, together.

My Department is responsible for the development of child care to meet the needs of parents in employment, education and training. For this purpose, €436.7 million of funding was provided by the European Union and the Exchequer through the equal opportunities childcare programme, EOCP. Of this amount, the EU is contributing more than €170 million of Structural Funds toward the programme. Following the mid-term reviews of the national development plan and the regional operational programmes through which its EU supports are channelled, the funding available for the Equal Opportunities Childcare Programme 2000 — 2006 is due to increase from €436.7 million to about €449 million over the life of the programme. This requires the completion of some technicalities at the BMW and south east regional operational programme monitoring committees, which take place this week, following which the precise amounts of the funding increases will be available.

I understand that approximately €12 million of additional EU and Exchequer match funding will now be made available for child care following the mid-term review of the national development plan and its constituent operational programmes. This is both welcome and a testament to the achievements of the programme to date and the arrangements for these additional funds are being finalised this week. This will bring to almost €449 million the commitment of public money to the development of child care over the life of the national development plan. This public investment is also directly levering some private investment in the sector, estimated at approximately €14 million.

The EU funding is channelled through the two child care measures of the regional operational programmes of the national development plan. The aim of these measures is, inter alia, to increase the supply of child care places to meet the needs of parents in employment, education and training. In this respect the programme is expected to increase the supply of centre based child care places by at least 50% or 28,400 over a seven-year period.

The EOCP has three funding strands: capital funding towards the creation of new and enhanced child care places; supports towards the staffing costs of community based facilities which support the child care needs of disadvantaged families; and supports which enhance the quality of Irish child care. The original allocations across these three measures — €144.7 million for capital, €217.1 million for staffing and €74.9 million for quality improvement — were made at a time when there was little concrete information available on the actual needs in the areas covered by the three strands.

As a result of the information now available on the demands under the three strands, the current mid-term review process is being used to increase the allocation towards the provision of capital investment by about €15 million to maximise the long-term benefits of the programme throughout Ireland. Partly because it is being funded by some of the additional transferred money to which I referred earlier and partly because some of the projects are under construction, this increase will not draw down staffing grants as speedily as might originally have been expected.

Accordingly, the revised allocations to the three strands of funding are as follows: capital developments of approximately €160 million; staffing supports of €201.6 million; and quality initiatives of €86.8 million. These amounts include an element of administration estimated at approximately 4%. Projects are selected on the basis of a range of criteria such as the socio-economic and demographic profile of the area; the quality of the proposal; the capacity of the group to implement the project; the level of integration and co-ordination of the project within the local community; and costings and value for money.

With regard to the progress of the ECOP, I understand that over €256 million has been allocated to projects under the programme to date. Of this amount, more than €213 million has been allocated in capital and staffing funding for community based, not for profit groups and private child care providers while €43 million has been allocated to quality improvement measures. Administration costs to date amount to approximately €10 million. The funding allocated to date will, when fully drawn down, lead to the creation of 28,392 new child care places — the programme target — and will support more than 26,642 existing places.

The nature of the programme is such that much of the funding remaining on the staffing and quality strands will be required to help support the ongoing staffing costs of those community based projects, which are unlikely to be viable in the short to medium term because of the levels of disadvantage among their client groups, and to meet the ongoing costs of the quality enhancing structures such as the city or county child care committees and supports to the national voluntary child care organisations.

My Department is finalising a detailed report on progress to date on the development of child care since the national child care strategy was adopted in 1999 and this will be available shortly. It will contain detail of all projects, which have been granted funding under the programme to the end of 2003 and I will be happy to forward a copy to the Deputy at the earliest opportunity.

All counties have benefited from new projects and additional child care places under the programme. We now need to use the remaining capital funding to address the most immediate service gaps. As a result, all the projects in the pipeline will be reviewed to ensure that those projects, which best meet the programme criteria and which can be completed by the end of the present programme, will receive priority. The ability to bring a project to fruition before the end of the present programme is an important criterion at this stage as I am aware that it can frequently take time to complete a project and there are constraints to ensure that we maximise our EU funding.

I do not doubt but that the success of the present strand of the EOCP and the need to continue to make child care available to support the child care needs of our still growing work force will support my case for ongoing capital and current funding from Government for this key sector. Indeed should any additional funding become available before the end of the present national development plan, I would expect that the programme would again benefit from transfers.

I do not have any difficulty with the use of so-called labour market supports for child care. We are all aware of the large body of research which shows that labour force participation and preparation for work through education and training are most beneficial in breaking the cycle of disadvantage. Certain community based child care facilities are unlikely to be sustainable in their own right in the foreseeable future due to the levels of disadvantage among their clients. All projects are encouraged to become sustainable but it is likely that some ongoing supports will be needed for those projects which help support the most disadvantaged to progress their careers and lifestyles to the point where they become self-reliant. For this reason, it makes good sense to have funding for child care coming from labour market programmes, such as the European Social Fund.

Without doubt, the past four years have seen a very significant and welcome growth in the child care sector. The fruits of our investment under the national development plan are already to be seen on the ground and I am fully satisfied that the benefits and achievements of the present equal opportunities childcare programme will sow the seeds for its successor.

Registration of Title.

Bernard Allen

Ceist:

700 Mr. Allen asked the Minister for Justice, Equality and Law Reform when the registered title deeds for the property being purchased by persons (details supplied) will be completed as these deeds were sent to the Land Registry in June 2003 by Cork City Council and have not received same back to date. [11389/04]

I am informed by the Registrar of Titles that, despite extensive searches, the Land Registry has not been able to identify any application in respect of the parties referred to by the Deputy. If the Deputy can provide me with the date of lodgement of the application and a Land Registry reference number I will make further enquiries on his behalf.

Citizenship Applications.

Pat Breen

Ceist:

701 Mr. P. Breen asked the Minister for Justice, Equality and Law Reform the status of an application in respect of post-nuptial citizenship for an application for a person (details supplied) in County Clare; and if he will make a statement on the matter. [11393/04]

A declaration of acceptance of post-nuptial citizenship from the person referred to by the Deputy was received in my Department on 30 September 2003. The current processing time for such declarations is approximately eight months from the date of lodgement and it is likely therefore, that the processing of the declaration of the person referred to in the Deputy's question will be finalised in late May or early June. I will advise the Deputy when the matter has been concluded.

Residency Permits.

Pat Breen

Ceist:

702 Mr. P. Breen asked the Minister for Justice, Equality and Law Reform the residency status of a person (details supplied) in the County Limerick; and if he will make a statement on the matter. [11424/04]

The person in question arrived in the State in June 2000 and made an application for asylum. This application was unsuccessful. He also applied for residency on the basis of parentage of an Irish child born in September 2001. The mother of the child is an Irish national.

Following the decision of the Supreme Court in the cases of L and 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 make a deportation order. In that context, a notification of a proposal to make a deportation order issued to the person in question on 11 March 2004 and he was given an opportunity to make representations regarding it. If, in the light of those representations and the range of factors set out in section 3(6) of the Immigration Act 1999, I decide not to make a deportation order he will be given leave to remain on a humanitarian basis. Given the large number of such cases on hand, I am unable to say at this stage when the file will be further examined.

Children Act.

Dan Neville

Ceist:

703 Mr. Neville asked the Minister for Justice, Equality and Law Reform the sections of the Children Act 2001, which have not been introduced by Ministerial Order. [11425/04]

The Children Act 2001 is very complex and comprehensive legislation. For those reasons, provisions under the Act are being implemented on a phased basis, as was envisaged at the time of enactment. Responsibility for implementing the Children Act 2001 lies with three Departments: Justice, Equality and Law Reform, and Education and Science in respect of juvenile offending, and Health and Children in respect of children who are non-offending but out of control. The national children's office is co-ordinating the cross-departmental aspects of the implementation of the Act.

Three main areas of the Act for which I have responsibility remain to be brought into operation. These concern the age of criminal responsibility, community-based options, and the provision of children detention centres for 16 and 17-year-old offenders.

One of the primary aims of the Children Act is to expand the options a court will have at its disposal when deciding on how to deal with a young offender. The community-based options provided for in the Act will allow effect to be given to the principle that detention for young offenders will be a last resort. Thus, the Act generally envisages committals to custody of young offenders being availed of only in situations where other diversions and community-based options have been resorted to and have failed.

The successful implementation of the community-based options in the Act will require a very significant input from the probation and welfare service. The probation and welfare service, as part of its planning for implementation of the Children Act 2001, engaged trainers from the Department of Child, Youth and Family in New Zealand for the intensive training of all professional staff as facilitators for family conferences to be convened and managed in accordance with the requirements of the Act as well as providing day seminars for all probation and welfare officers. The service will provide ongoing training through its staff development unit as required. It is the intention that community sanctions provided for in the Act will commence to be implemented on a phased basis from June 2004.

Under the Children Act, I, as Minister for Justice, Equality and Law Reform will be obliged to provide separate detention facilities for 16 and 17-year-old males and females who are committed to custody by the courts either on remand or under sentence. The provision of appropriate custodial facilities is a priority for the Irish Prison Service. The primary objective of these detention centres will be to provide a secure but supportive environment in which young offenders can develop the personal and social skills necessary to avoid future offending.

In line with this, a new facility for male juveniles in this age group will open at St. Patrick's Institution in the near future. This unit, which was designed by a multi-disciplinary team, will include a custom-designed facility for the delivery of education, recreation, medical and therapeutic services. The longer-term provision of a dedicated facility on a greenfield site for 110 juveniles — 90 male and 20 female — is also being considered. Having considered a report by the Commissioners of Public Works and the recommendations made and having conferred with the director general of the Irish Prison Service, I decided some time ago that the proposed development of such a facility at Newlands Villa, Naas Road, Clondalkin, Dublin 22, would not now proceed. The identification of another site for the proposed juvenile detention facility is now being pursued in consultation with the director general of the Irish Prison Service and the Office of Public Works.

Garda Deployment.

Charlie O'Connor

Ceist:

704 Mr. O’Connor asked the Minister for Justice, Equality and Law Reform if he will order a high-level review of Garda strength and resources at Tallaght Garda Station, Dublin 24; if his attention has been drawn to the clear need to take immediate action in respect of this issue; and if he will make a statement on the matter. [11426/04]

Charlie O'Connor

Ceist:

705 Mr. O’Connor asked the Minister for Justice, Equality and Law Reform the numbers of gardaí assigned to the Tallaght Garda station; and the way in which these numbers have developed over the past five years. [11427/04]

I propose to take Questions Nos. 704 and 705 together.

I have been informed by the Garda authorities, which are responsible for the detailed allocation of resources, including personnel, that the personnel strength of Tallaght Garda station as at 26 April 2004 was 164 across all ranks. This represents an increase of 22, or 15.5%, in the personnel allocated to Tallaght Garda station since 31 December 1999. These resources are further augmented by the divisional traffic unit based in Terenure, and the Garda dog, air support and mounted units, which are utilised from time to time.

At present 20 community gardaí are allocated to ten specific neighbourhoods in Tallaght covering 43 neighbourhood watch schemes. The strength of each community police unit is reviewed periodically. There are three Garda youth diversion projects in the Tallaght Garda district namely: KEY, Key to Engaging Youth, Killinarden, Fettercairn and Glenshane; JAY, Jobstown Action for Youth; and YEW, Youth Enhancement in Whitechurch. A divisional crime prevention officer attached to Tallaght Garda station operates within the boundaries of the Dublin Metropolitan Region (South) Division. One Sergeant and four gardaí are assigned JLO duties in the Tallaght Garda district.

Some 19 marked and unmarked vehicles are allocated to Tallaght Garda station. Local management is satisfied that resources at Tallaght are sufficient to police the sub-district. The situation will be kept under review and when additional personnel next become available the needs of Tallaght Garda station will be fully considered within the context of the overall needs of Garda divisions throughout the country.

In addition Tallaght is also one of 17 locations set to receive town centre CCTV systems. Garda CCTV systems are an aid to existing Garda resources and must be viewed in the context of overall policing and carefully planned and integrated into Garda operational procedures. They are not, nor are they intended to be, a replacement for gardaí on patrol.

Garda Stations.

Pat Carey

Ceist:

706 Mr. Carey asked the Minister for Justice, Equality and Law Reform when it is proposed to proceed with the construction of a Garda station in Ballymun, Dublin 11; if the status of this station has been decided; and if he will make a statement on the matter. [11436/04]

It is proposed to build a new Garda divisional headquarters station in Ballymun, the brief of requirements for which has been agreed. A suitable site has been secured by the Office of Public Works, which is finalising the necessary legal formalities. While it is not possible to say at this point when the project will commence, the matter will be progressed as quickly as overall priorities within the Garda building programme and the availability of financial and other resources allow.

Pat Carey

Ceist:

707 Mr. Carey asked the Minister for Justice, Equality and Law Reform if it is intended to build a new Garda station in Finglas, Dublin 11; if so, the position of this project in the priority list; the measures that will be taken to bring the existing Garda station up to an acceptable standard; and if he will make a statement on the matter. [11437/04]

There are plans, as a first priority, to build a new Garda station in Finglas. When the recommendations of the Garda authorities on the suitability of a particular site are received they will be passed to the Office of Public Works, as will an appropriate brief of requirements for the new station. That office will then produce a sketch scheme for consideration by the Garda authorities.

Accordingly, while it is not possible to say at this point when construction of the proposed new station will commence, there will be no avoidable delay, and the project will be progressed as quickly as the availability of financial and other resources allows. In the interim, certain remedial works have been approved for the existing station.

Closed Circuit Television Systems.

Pat Carey

Ceist:

708 Mr. Carey asked the Minister for Justice, Equality and Law Reform further to a previous parliamentary question, the position regarding the provision of closed circuit television in the Finglas area; his Department’s position on the inclusion in the scheme of additional cameras funded other than by his Department; and if he will make a statement on the matter. [11438/04]

As the Deputy is aware an offer has been made from statutory and other bodies to fund additional cameras for incorporation into the Finglas CCTV system. This and similar offers were referred to the CCTV advisory committee for consideration. This committee was established by the Garda Commissioner to advise on all matters relating to the use of CCTV by the Garda Síochána.

I have been informed by the Garda authorities that the use of privately funded CCTV cameras as part of Garda CCTV systems has been considered by the CCTV advisory committee and I understand that its recommendations on this matter have been submitted to the Commissioner. Upon receipt of the Commissioner's views, I expect to be in a position to decide on this matter.

The issue regarding the provision of suitable space to accommodate the monitoring of CCTV cameras in Finglas Garda station is being considered, in conjunction with the Office of Public Works, with regard to the overall accommodation needs of Finglas Garda station.

Probation and Welfare Service.

Kathleen Lynch

Ceist:

709 Ms Lynch asked the Minister for Justice, Equality and Law Reform the position regarding payment of salary arrears to the dependants of a person (details supplied); and when they can expect to receive payment. [11481/04]

I understand that the person referred to in the question was employed by a project funded by my Department through the probation and welfare service.

Staffing of projects funded by my Department through the probation and welfare service is not a matter for my Department. Employees of these projects, with the exception of FÁS and VEC trainers, are recruited by the respective boards of management. Therefore, pay and conditions of employment in respect of such employees is solely a matter for a board of management.

However, in order to ascertain the position in this case, management of the probation and welfare service made contact with the relevant board of management. I am pleased to inform the Deputy that the project's accountant confirmed to the probation and welfare service that payment of arrears due will be made to the dependants of the deceased within the next two weeks.

Deportation Orders.

Seán Crowe

Ceist:

710 Mr. Crowe asked the Minister for Justice, Equality and Law Reform the number of persons who have been deported within the past 12 months; the number of same who were from the accession states; if they will be free to return after 1 May 2004; the cost to the State to date of deporting these persons including transport costs, the cost of keeping them in a holding centre and the legal and Garda escort fees; the locations at which these persons are held while awaiting deportation; the location of the holding centres; and the cost of deporting one person, including transport and legal costs, Garda escort fees and keeping them in a holding centre. [11494/04]

The number of persons deported, pursuant to the Immigration Act 1999, as amended, in the period 24 April 2003 to 23 April 2004 was 688. The numbers deported to the ten accession states were as follows:

Number

Czech Republic

57

Estonia

8

Hungary

5

Latvia

19

Lithuania

26

Poland

38

Slovak Republic

5

Cyprus

nil

Malta

nil

Slovenia

nil

Persons from the accession states deported prior to the 1 May 2004 will be entitled to seek revocation of their deportation orders where they intend returning to Ireland after that date for the purpose of exercising EU treaty rights, such as the right to work or establishment. Such applications will be considered by me under section 3(11) of the Immigration Act 1999, as amended.

It is not possible to calculate the costs of these deportations in the manner sought by the Deputy. It should be borne in mind that a number of Government agencies have a role in deportation matters. My own Department has a clear responsibility for processing cases to the point where a deportation order is issued but the other Government bodies involved — the Chief States Solicitor's Office, the Garda National Immigration Bureau, GNIB, and the Irish Prison Service — have wider responsibilities and it not possible to isolate the costs incurred by them solely in respect of their roles in deportations. For example, the GNIB is responsible for the prevention and detection of illegal immigration, maintaining border controls at airports and seaports and the registration of third country nationals legally residing in the State, as well as the removal of persons with deportation orders. Similarly, the Irish Prison Service accommodates other detainees, apart from those held pending deportation.

However I can provide the Deputy with the costs of deportation flights, including charter flights, for the year 2003 and to date in 2004 as follows:

Year

Flight Costs

Number Deported

2003

1,569,782.70

590

2004

*554,477.51

**270

**Costs paid up to 31 March 2004.

**In addition 6 persons were transferred to other EU states since 1 January 2004 pursuant to the new Dublin II Regulation, formerly the Dublin Convention.

Based on the figures above, the average flight cost, including the cost of flights for the accompanying Garda escorts, per deportation was €2,660 in 2003 and €2,053 in 2004. The cost in any particular case depends on the destination of return and the number of accompanying escorts, based on a prior risk assessment of the deportee by the Garda National Immigration Bureau, GNIB. Transport costs incurred by the GNIB within the State relating to deportations amounted to €294,742 in 2003 and €75,742 in the period January to March 2004 inclusive.

Persons being deported are requested to report to the GNIB to make arrangements for their removal and are afforded every opportunity to co-operate with the Garda in their removal. It is only where they fail to co-operate or the Garda is of the opinion that they intend to evade the deportation order, that they are detained to ensure their removal from the State.

The prescribed places of detention for persons to be held pending their deportation from the State are set out in SI 103 of 2002, a copy of which is available in the Oireachtas Library.

Closed Circuit Television Systems.

Paul Kehoe

Ceist:

711 Mr. Kehoe asked the Minister for Justice, Equality and Law Reform the reason his Department’s prospectus, Grant Aid Funding Towards Community Based CCTV, refers applicants to the technical specification and code of practice on his Department’s website when this information is not available; the way in which a person can locate this information; and if he will make a statement on the matter. [11495/04]

As the Deputy is aware, an application prospectus on the community based CCTV scheme has been prepared by my Department which provides information on how to apply for grant aid, outlines the application process and identifies the main issues that applicants will need to consider. Copies of this prospectus are available on request from my Department's Garda administration division.

At the time the prospectus was published, both the technical specifications, drawn up by the Garda Síochána, and the code of practice, drawn up in co-operation with the Office of the Data Protection Commissioner, had not been finalised. As difficulties arose in finalising these documents it was not considered appropriate to make them available either via my Department's website or by other means. This action was taken to ensure that those groups, which wished to submit formal applications, did not put themselves to undue expense in compiling proposals, which ultimately might not be compliant with the technical and legal requirements of the scheme.

Any individual or group who expressed an interest in the scheme was informed that no application could be considered until such time as both the code of practice and the technical specifications have been finalised. They were further informed that their details were recorded and that my Department would issue copies of both documents to them as soon as the relevant documents had been finalised. Any applications subsequently received will be evaluated and processed. It is anticipated that the technical specifications and the code of practice will be finalised shortly.

Employment Equality Act.

Mary Upton

Ceist:

712 Dr. Upton asked the Minister for Justice, Equality and Law Reform the plans he has to extend the Employment Equality Act 1998 to ensure equal rates of pay between employees aged under 18 and those aged over 18 in view of the fact that it is unfair that the former group are generally paid lower rates. [11501/04]

The Employment Equality Act 1998 prohibits discrimination in the area of employment and vocational training on nine grounds including the age ground. At present, section 6(2) of the Act excludes persons under the age of 18 years from the protection given against discrimination on the ground of age, except in regard to access to and participation in courses of vocational training to which the statutory school leaving age applies. As a result, the payment of different rates of remuneration to employees based on whether they are 18 years of age or less, does not constitute discriminatory treatment under the Act.

Proposals to amend the Employment Equality Act 1998 are before the Oireachtas under the Equality Bill 2004. The Bill seeks to amend the Employment Equality Act and the Equal Status Act 2000 to take account of Council Directive 2000/43/EC, Council Directive 2000/78/EC and Directive 2002/78/EC of the European Parliament and of the Council. Section 4 of the Bill provides for an amendment to section 6 of the Employment Equality Act which, on enactment, will extend the protection under the Act on the ground of age, to persons above the maximum age statutorily required for attendance at school. As a result, this will be the threshold for non-discrimination on the ground of age in conditions of employment including rates of pay

Registration of Title.

Michael Ring

Ceist:

713 Mr. Ring asked the Minister for Justice, Equality and Law Reform when a dealing for a person (details supplied) in County Galway will be dealt with. [11522/04]

I am informed by the Registrar of Titles that these applications refer to an application for a land commission schedule, which was lodged on 23 January 1995 and an application for transfer, which was lodged on 25 November 1998. Schedule number 92562 and dealing number D1998GY004635W refer.

Land Commission schedule applications are deemed to be registered as of the date of vesting which is prior to the date of lodgement of the documents in the Land Registry. Accordingly, registration in the Land Registry of Land Commission cases is afforded a lower priority than the registration of other dealings. I am further informed that the Land Commission schedule application is receiving attention in the Land Registry and, subject to no queries arising, will be completed within the next few weeks.

I am also informed that queries issued to the lodging solicitor on 21 April 2004 regarding dealing number D1998GY004635W and that the application cannot proceed until these queries have been satisfactorily resolved. However, on receipt of a satisfactory reply, the matter will receive further attention in the Land Registry.

Grant Payments.

Tony Gregory

Ceist:

714 Mr. Gregory asked the Minister for Justice, Equality and Law Reform the reason the after-school education project run by the Lourdes Youth and Community Services in the Seán McDermott Street area of Dublin 1 has been cut by €33,717 in 2004 resulting in a loss of the service for 80 disadvantaged children; if his matter can be reviewed; and if he will make a statement on the matter. [11538/04]

As the Deputy may be aware, in December 2000, this project received approval for staffing funding of almost €305,000 as a contribution towards its staffing costs for a three-year period from the equal opportunities childcare programme. Additional funding amounting to €118,500 for a further year was allocated to the group in December 2003 and this represents a small increase on the group's previous funding from my Department. As a result, I do not understand the reference to a cut in funding in this context.

I understand that the arrangements for the future funding of community groups whose initial contracts for staffing support have lapsed or are due to expire are under active review in my Department at present. It was in this context that a number of projects, including the Lourdes project, have been awarded ongoing funding at the same levels as they previously received to enable them to maintain their services pending the outcome of the review of the staffing measure.

Residency Permits.

Tony Gregory

Ceist:

715 Mr. Gregory asked the Minister for Justice, Equality and Law Reform the position regarding the application for residency of persons (details supplied); and if he will make a statement on the matter. [11539/04]

The persons in question arrived in the State on 17 June 2002 and claimed asylum. The Office of the Refugee Applications Commissioner recommended that they should not be declared as refugees and they were notified of this recommendation on 4 February and 10 February 2003 respectively. The persons in question appealed this recommendation to the Refugee Appeals Tribunal. Following an oral hearing, the original recommendation was affirmed and they were informed of this decision on 30 April 2003.

In accordance with Section 3 of the Immigration Act, 1999, the persons concerned were informed on 18 June 2003 that it was proposed to make deportation orders in their case. They were given the options of making representations within 15 working days setting out the reasons as to why they should not be deported that is be allowed to remain temporarily in the State; leaving the State voluntarily before the order was made; or consenting to the making of a deportation order. Representations were received on behalf of the persons concerned. Their case file will be considered under a range of factors as set out in section 3(6) of the Immigration Act 1999, including, inter alia, domestic circumstances, employment history and employment prospects.

While pursuing their asylum claims, the persons concerned, on 21 August 2002, also applied for residency in the State on the basis of an Irish born child. Following the decision of the Supreme Court in the cases of L and 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 them. If, in the light of representations received and the range of factors set out in section 3(6) of the Immigration Act 1999, I decide not to make a deportation order they will be given leave to remain on a humanitarian basis. Given the large number of such cases on hand, I am unable to say at this stage when the file will be examined.

Garda Deployment.

Tony Gregory

Ceist:

716 Mr. Gregory asked the Minister for Justice, Equality and Law Reform the number of gardaí assigned to the Bridewell Garda Station in Dublin 7; the ranks concerned; and the duties undertaken. [11540/04]

I have been informed by the Garda authorities who are responsible for the detailed allocation of resources, including personnel, that the personnel strength of the Bridewell Garda Station by rank as at 26 April, 2004 is as set out hereunder.

Rank

Strength

Superintendent

1

Inspector

5

Sergeant

26

Garda

135

Total

167

Gardaí assigned to the Bridewell Garda station undertake normal policing duties, which include community policing, dealing with drugs offences, traffic duties, plain-clothes duties, administration duties, management tasks and court duties.

Tony Gregory

Ceist:

717 Mr. Gregory asked the Minister for Justice, Equality and Law Reform if the provision of two gardaí assigned to deal with the widespread problem of street prostitution in the Dublin 7 area is adequate; and if he will make a statement on the matter. [11541/04]

I have been informed by the Garda authorities who are responsible for the detailed allocation of resources, including personnel, that the issue of street prostitution is not just the responsibility of the two gardaí assigned. Street prostitution in the Dublin 7 area is given appropriate and ongoing attention by all uniformed/plain clothes, mobile and foot patrol gardaí. I have been further informed that local Garda management is satisfied that the level of attention being afforded to address this issue is adequate.

Tony Gregory

Ceist:

718 Mr. Gregory asked the Minister for Justice, Equality and Law Reform the number of gardaí assigned to the Smithfield horse fair; and if this is adequate to deal with the serious problem of illegal parking in the streets adjacent to Smithfield in view of the fact that residents state that there is widespread obstruction by double and treble parking. [11542/04]

I have been informed by the Garda authorities which are responsible for the detailed allocation of resources, including personnel that eight gardaí are assigned to police the Smithfield horse fair held on the first Sunday of every month. It is acknowledged there is an ongoing problem in regard to illegal parking while the fair is in progress.

Gardaí on duty in the area issue "Fine on the spot" notices and in addition the Garda employs the services of a private towing company to tow any vehicles causing obstruction. Local Garda management is satisfied that the number of gardaí assigned to the fair is adequate.

Criminal Prosecutions.

Tony Gregory

Ceist:

719 Mr. Gregory asked the Minister for Justice, Equality and Law Reform if there is evidence of illegal casual trading at the Smithfield horse fair; the Garda response to same; and if he will make a statement on the matter. [11543/04]

I have been advised by the Garda authorities that they are vigilant and proactive in the enforcement of laws, which do not permit casual trading at the monthly horse fair in Smithfield. To date this year, there have been no detections or prosecutions for such activity.

Sexual Offences.

Tony Gregory

Ceist:

720 Mr. Gregory asked the Minister for Justice, Equality and Law Reform the number of persons charged and convictions obtained against clients of prostitutes each week during March and April 2004 in the Dublin 7 area. [11544/04]

Tony Gregory

Ceist:

721 Mr. Gregory asked the Minister for Justice, Equality and Law Reform the number of pimps charged or convicted of offences during March and April 2004 for organising prostitution in the Dublin 7 area; and if he will make a statement on the matter. [11545/04]

I propose to take Questions Nos. 720 and 721 together.

I have made inquiries with the Garda authorities and the information sought by the Deputy is outlined in the following table:

Convictions obtained against clients of prostitutes March/April 2004 in Dublin 7 area.

Week ending

7 Mar

14 Mar

21 Mar

28 Mar

4 April

11 April

18 April

Charged

6

2

0

2

5

4

6

Convicted

6

2

0

1

5

2

4

Pending

0

0

0

1

0

2

2

I understand that there have been no persons charged or convicted during the months of March or April for organising prostitution in the Dublin 7 area.

Tony Gregory

Ceist:

722 Mr. Gregory asked the Minister for Justice, Equality and Law Reform the funding and resources provided to voluntary groups working with prostitutes in the Dublin 7 area; and if these will be increased in order to assist the prostitutes in finding alternative means of income. [11546/04]

Through the Government's local drug task force initiative, the Chrysalis community drug project in Benburb Street, Dublin 7, is currently in receipt of yearly funding of €39,120 in respect of targeted work with drug-using women working in prostitution in the area. This funding is channelled via the Northern Area Health Board.

My Department, through the probation and welfare service, also provides funding of €300,000 per annum to the Ruhama Women's Project for its work with women involved in prostitution. In addition in 2003, a once-off grant of €12,000 was provided to the Ruhama Project by my Department for its work with women who have been trafficked into Ireland for the purposes of sexual exploitation.

I can also inform the Deputy that under the equality for women measure of the national development plan, my Department approved funding of approximately €380,000 in February, 2002 to the Ruhama Women's Project. The funding is for a three-year pilot project designed to develop a model of intervention, which will support and enable marginalised women to access education, training and the labour market.

Citizenship Applications.

Tony Gregory

Ceist:

723 Mr. Gregory asked the Minister for Justice, Equality and Law Reform when a decision will be made regarding the application for citizenship for a person (details supplied). [11547/04]

An application for a certificate of naturalisation from the person referred to by the Deputy was received in the citizenship section of my Department on 13 March 2003. At present the average processing time for applications for naturalisation is approximately 18 months. Consequently, it is likely that the application of the person concerned will be finalised in late 2004. I will inform the Deputy concerned as soon as I have reached a decision on the application.

Prisoners Releases.

Gay Mitchell

Ceist:

724 Mr. G. Mitchell asked the Minister for Justice, Equality and Law Reform if a person (details supplied) who is in their eleventh year of imprisonment for murder, and persons in this category, have their applications for temporary release, such as at Christmas time, independently evaluated; and if the same independent evaluation applies to all persons who have been sentenced for serious crime. [11570/04]

It is not immediately clear to me what the Deputy means by "independently evaluated". As he may be aware, persons serving life sentences for murder may have their cases reviewed by the Interim Parole Board after they have served seven years in custody. The board was established in April 2001 to advise the Minister for Justice, Equality and Law Reform on the administration of long-term prison sentences and replaces the work previously carried out by the sentence review group. The board, by way of recommendation to the Minister, advises of the prisoner's progress to date, the degree to which he or she has engaged with the various therapeutic services and how best to proceed with the future administration of this sentence. I consider in full all recommendations put before me by the Interim Parole Board before making the final decision regarding sentence management.

Individual requests for temporary release are made by prisoners from time to time for various reasons, such as Christmas, and these are considered on their merits as they arise. These requests are not referred to the Interim Parole Board. However, decisions on such individual requests will be consistent with the overall strategy for the management of the prisoner's sentence.

The case of the prisoner referred to by the Deputy, was last reviewed by the interim board in June 2003 and is due to be considered again in mid-2006. In the case referred to, bearing in mind the seriousness and circumstances of the crime, I have not been prepared to sanction any periods of temporary release to date.

Releases on Bail.

Gay Mitchell

Ceist:

725 Mr. G. Mitchell asked the Minister for Justice, Equality and Law Reform if a person (details supplied) in Dublin 12 who claims to have been treated harshly and unfairly can have the circumstances of their detention while awaiting trial independently investigated; and if he will make a statement on the matter. [11571/04]

I am informed by the Garda authorities that the individual in question was arrested on 20 March 2003. On the following day, he was remanded to District Court No. 46, Richmond Hospital, and was remanded in custody to Cloverhill District Court on 25 March 2003. On that date he made a fresh application for bail, which was refused by the court. On 31 March 2003, the person in question made a bail application to the High Court. Following a full hearing, the court refused bail. On 15 April 2003, the presiding judge at Cloverhill District Court refused jurisdiction in the case and he was sent forward for trial.

On 27 July 2003, this individual made a fresh application for bail to the High Court, which was refused. A trial date was set for 23 October 2003, but on that date no judge was available to hear the case. A fresh application for bail was made to the High Court in December 2003. After hearing the full facts of the application, the court refused bail. Finally, on 15 January 2004 the person in question was acquitted by the jury at the Circuit Court.

As the Deputy will appreciate, the decision as to whether to grant bail is a matter for the courts which are independent in the exercise of their functions and accordingly it would not be appropriate for me to comment further.

Garda Deployment.

Joe Costello

Ceist:

726 Mr. Costello asked the Minister for Justice, Equality and Law Reform the number of gardaí in every Garda station in Dublin in each year over the past ten years; and if he will make a statement on the matter. [11589/04]

I have been informed by the Garda authorities which are responsible for the detailed allocation of resources, including personnel, that the number of personnel of all ranks assigned to each Garda station in the Dublin Metropolitan Region as at 31 December each year from 1997 to 2003 is as follows:

Station

1997

1998

1999

2000

2001

2002

2003

Pearse St.

231

215

215

221

216

214

238

Harcourt Tce.

91

93

84

84

80

79

75

Kevin St.

124

122

113

116

117

117

117

Kilmainham

75

87

101

97

76

76

73

Donnybrook

126

129

126

120

116

114

123

Irishtown

60

59

57

59

54

49

55

Crumlin

82

85

83

84

86

88

82

Sundrive Rd

54

57

52

56

58

57

61

Rathfarnham

63

57

63

63

67

74

71

Tallaght

133

139

142

159

159

159

166

Rathmines

90

90

76

79

81

67

71

Terenure

49

46

60

67

66

84

87

Santry

93

87

78

77

73

91

105

Whitehall

45

42

38

43

40

40

40

Ballymun

57

57

56

63

64

64

63

Dublin Airport

50

48

56

57

58

19

23

Coolock

93

89

93

89

85

84

87

Malahide

43

39

39

44

43

43

40

Station

1997

1998

1999

2000

2001

2002

2003

Swords

45

44

49

52

54

57

56

Raheny

64

59

61

63

61

64

60

Clontarf

57

59

56

56

60

64

62

Howth

30

34

35

37

39

41

42

Blanchardstown

89

94

104

106

124

132

142

Cabra

82

76

80

83

76

76

65

Finglas

76

83

90

88

78

78

68

Lucan

58

61

57

67

75

73

65

Leixlip

11

16

19

21

18

24

26

Ballyfermot

72

56

66

77

75

73

78

Clondalkin

56

51

62

63

66

82

81

Ronanstown

58

65

63

65

66

72

78

Rathcoole

11

17

19

19

23

21

23

Store St.

231

227

234

233

228

225

261

Fines Office

9

8

8

8

7

8

7

Fitzgibbon St.

120

118

114

113

112

116

119

Mountjoy

78

84

80

75

77

82

85

Bridewell

156

157

167

167

155

157

163

Dun Laoghaire

109

110

104

107

109

106

90

Dalkey

27

23

23

23

23

29

28

Kill-O-Grange

35

35

38

36

33

36

37

Cabinteely

42

42

46

49

41

39

40

Bray

76

74

76

77

77

79

75

Enniskerry

6

7

7

6

6

5

5

Shankhill

50

48

53

53

48

53

55

Greystones

28

28

28

28

26

28

29

Blackrock

71

75

75

75

74

66

66

Dundrum

62

57

51

53

62

69

65

Stepaside

40

40

42

42

37

36

32

I have been further informed that statistics on the number of gardaí in every Garda station in Dublin for the years prior to 1997 are not readily available and can only be obtained by the disproportionate expenditure of Garda time and resources.

Closed Circuit Television Systems.

Jim O'Keeffe

Ceist:

727 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the position on grant aid funding towards community based closed circuit television schemes, together with full details of the terms and conditions attached to such funding and the total amount available. [11592/04]

As the Deputy may be aware a grant-aid scheme was launched to facilitate community-based groups who wish to install their own local CCTV system. It will be up to the community groups, in conjunction with the relevant local authority, to install, maintain and monitor the community based CCTV schemes. Subject to the availability of funds, grant assistance of up to €100,000 will be obtainable from my Department towards the cost of such schemes. Within this cash limit, grants of up to 70% of the total capital cost of the system may be considered.

The following are some of the conditions required to be met before an application for funding can be considered. All applications must be accompanied by a letter of approval for the project, signed by the local Garda divisional officer, that is chief superintendent of the Garda Síochána. All applications for funding must be signed by, or on behalf of, a legal entity representing the community-based group, for example a local authority, which will take responsibility for the supply, installation and commissioning of the proposed system. The participating local authority must also undertake to act as data controller for the purposes of data protection legislation.

All proposed community-based CCTV systems must comply with the minimum technical and operational criteria as set out in a document entitled "Technical Specifications". All proposed schemes must cover public areas to which the general public routinely have access. My Department will not provide grant assistance for purely private projects, for example shopping malls, private residences, other private property etc.

All valid applications received will not be automatically entitled to grant aid. Awards will be at the discretion of my Department, subject to the availability of funds and the number of valid applications received. It is not possible to determine the level of funding that will be available for grant assistance under this scheme. The 2004 CCTV budget is more than €4 million and includes expenditure on ongoing maintenance of Garda CCTV schemes as well as the implementation of current and planned schemes.

The Department has received a significant number of expressions of interest — in excess of 200 — in the community-based CCTV scheme. An application prospectus has been prepared by my Department which provides information on how to apply for grant aid, outlines the application process and identifies the main issues that applicants will need to consider. Copies of this prospectus are available on request from my Department's Garda administration division.

A code of practice, drawn up in co-operation with the Office of the Data Protection Commissioner, and detailed technical specifications, drawn up by the Garda Síochána, are almost complete. When both the code of practice and the technical specifications have been finalised my Department will issue copies of it to all entities that expressed an interest in the community-based CCTV scheme and any applications subsequently received will be evaluated and processed.

Public Order Offences.

Fergus O'Dowd

Ceist:

728 Mr. O’Dowd asked the Minister for Justice, Equality and Law Reform the number of public order offences committed on St. Patrick’s Day 2004 in the towns of Drogheda, Dundalk and Ardee. [11593/04]

I have made enquiries with the Garda authorities and I am informed that 20 public order offences were reported on St. Patrick's Day 2004 in the towns of Drogheda, Dundalk and Ardee. The information sought by the Deputy is detailed in the following table.

Public Order Offences Reported on St. Patrick's Day 2004

Number

Drogheda

1

Dundalk

7

Ardee

12

Total

20

Joe Costello

Ceist:

729 Mr. Costello asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the fact that a person (details supplied) is using their Irish passport to travel the world and that they are using it to enable them to stand for the European elections in their native country; if he will revoke this person’s passport; and if he will make a statement on the matter. [11594/04]

Section 19 of the Irish Nationality and Citizenship Act 1956 empowers the Minister for Justice, Equality and Law Reform to revoke a certificate of naturalisation in a number of specified circumstances. Those circumstances include cases where: the issue of the certificate was procured by fraud, misrepresentation, whether innocent or fraudulent, or concealment of material facts or circumstances; or the person to whom it was granted has, by any overt act, shown himself to have failed in his duty of fidelity to the nation and loyalty to the State; or the person to whom it is granted is also, under the law of a country at war with the State, a citizen of that country; or the person to whom it is granted has by any voluntary act other than marriage acquired another citizenship

Before revoking a certificate of naturalisation, the Minister must give notice to the person to whom the certificate was granted of his intention, stating the grounds therefor and the right of that person to apply to him for an inquiry as to the reasons for the revocation. If the person in question makes such a request, the Minister is obliged to appoint a committee of inquiry consisting of a chairman having judicial experience and such other person as he may think fit, and refer the case to them. Thereafter the committee must report its findings to the Minister with a view to informing his decision.

The revocation of a certificate of naturalisation is a serious matter and one in which the Minister must be in a position to show that the legal requirements have been fulfilled. It has never been the practice to comment on the details of individual cases and I do not intend to depart from that practice. If the Deputy, or indeed any Member of this House, is aware of any particular cases where the exercise of the Minister's power under section 19 may be appropriate, relevant details should be passed to me for investigation by the Garda.

The Deputy can be assured that if the circumstances of any particular case warrant revocation under the above provisions, I will have no hesitation in utilising my statutory powers to the fullest extent possible.

Joint Policing Committees.

Paddy McHugh

Ceist:

730 Mr. McHugh asked the Minister for Justice, Equality and Law Reform if he will amend the Garda Síochána Bill 2004 to allow town councils the right to representation on joint policing committees; and if he will make a statement on the matter. [11644/04]

Questions regarding the composition of the proposed joint policing committees, including participation by town councils, were raised by a number of Senators during the course of the Second Stage debate on the Bill in the Seanad. I do see the case for representatives of town councils to have a role where appropriate, although the practicalities of this would need to be thought through. I have indicated that I will reflect further on the matter between now and Committee Stage.

Warrants of Appointment.

Mary Upton

Ceist:

731 Dr. Upton asked the Minister for Justice, Equality and Law Reform the position regarding an application by a person (details supplied) in Dublin 12. [11645/04]

No application was received from the person concerned. The Deputy did, however, nominate the person for appointment and I wrote to the Deputy on 21 April 2004 stating that I hoped to be in a position to forward a warrant of appointment to the nominee within the next few days. I am pleased to inform the Deputy that I forwarded the warrant of appointment to the person concerned on 23 April 2004.

Visa Applications.

Paul Nicholas Gogarty

Ceist:

732 Mr. Gogarty asked the Minister for Justice, Equality and Law Reform when a decision will be made on the holiday visa application by a person (details supplied); and if he will make a statement on the matter. [11683/04]

The person in question made a visa application in March 2004. The application was refused because it had not been established, on the basis of the documentation supplied to my Department, that the applicant would observe the conditions of the visa.

It was noted that the applicant is currently on six months unpaid leave from her employment. There was no satisfactory evidence submitted to show that she was in a position to fully support herself. It was also noted that the applicant listed a reference in Ireland on her visa application form. However no evidence of how she met the reference was included with her application. It is open to the applicant to appeal against the refusal by writing to the visa appeals officer in my Department.

Asylum Applications.

John McGuinness

Ceist:

733 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform if he will expedite an appeal to his Department in the name of a person (details supplied); and if he will explain the time frame involved for such applications. [11700/04]

John McGuinness

Ceist:

736 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform if an appeal in the case of a person (details supplied) will be heard shortly; the date the application was made and the timeframe for a hearing and decision. [11703/04]

I propose taking Questions Nos. 733 and 736 together.

It is not the practice to comment on individual applications for asylum. As the Deputy will be aware, under the Refugee Act 1996, two independent statutory offices were established to consider applications and appeals for refugee status and to make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted. These two offices are the Office of the Refugee Applications Commissioner, which considers applications for a declaration as a refugee at first instance, and the Refugee Appeals Tribunal, which considers applications for a declaration at appeal stage.

A final decision will be made in this case upon receipt of the decision of the Refugee Appeals Tribunal. The consideration of an appeal by the tribunal involves four stages: the assignment of the appeal to a member of the tribunal; the scheduling of a hearing; the completion of the decision by the member and the issuing of the decision to the applicant and his or her solicitor.

The scheduling of a hearing is complex. Cases can only be scheduled for oral hearings following an examination of the file by a member of the tribunal under section 16(6) and (7) of the Refugee Act 1996, as amended. An appeal file is extensive and comprises a range of complex and detailed documents, including: the questionnaire completed by the applicant; notes of the interview between the applicant and an officer of the Refugee Applications Commissioner; section 11 — in some cases — and section 13 reports on the questionnaire and interview notes prepared by the commissioner's office; the recommendation of the commissioner; the notice of appeal; country of origin information; and any observations made to the tribunal by the commissioner or UNHCR.

While the average length of time taken to process and complete a substantive appeal is at present approximately 16 weeks, the Refugee Appeals Tribunal is continually striving to reduce this timeframe to reach those people in need of international protection as quickly as possible.

John McGuinness

Ceist:

734 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform if he will expedite a decision in the case of persons (details supplied) who have appealed to his Department for permission to stay in this country on humanitarian grounds; and the timeframe involved. [11701/04]

The persons in question arrived in the State on 27 April 2000 and 8 August 2000, respectively, and claimed asylum. The Office of the Refugee Applications Commissioner recommended that they should not be declared as refugees and they were notified of this recommendation on 15 November 2001. The persons in question appealed this recommendation to the Refugee Appeals Tribunal. Following an oral hearing, the original recommendation was affirmed and they were informed of this decision on 20 September 2002.

In accordance with section 3 of the Immigration Act 1999, the persons concerned were informed on 31 October 2002 that it was proposed to make deportation orders in their case. They were given the options of making representations within 15 working days setting out the reasons as to why they should not be deported, that is be allowed to remain temporarily in the State; leaving the State voluntarily before the order was made; or consenting to the making of a deportation order. Representations have been received on behalf of the persons concerned. Their case file will be considered under a range of factors as set out in section 3(6) of the Immigration Act 1999, including, inter alia, domestic circumstances, employment history and employment prospects. I expect their case files to be submitted to me for consideration shortly.

John McGuinness

Ceist:

735 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform when a first interview will be arranged in the case of a person (details supplied). [11702/04]

It is not the practice to comment on individual applications for asylum. As the Deputy will be aware, under the Refugee Act, 1996, two independent statutory offices were established to consider applications and appeals for refugee status and to make recommendations to the Minister for Justice, Equality and Law Reform on whether such status should be granted. These two offices are the Office of the Refugee Applications Commissioner, which considers applications for a declaration as a refugee at first instance and the Refugee Appeals Tribunal, which considers applications for a declaration at appeal stage. I understand that the applicant in question will be scheduled for interview in the near future.

Question No. 736 answered with QuestionNo. 733.

Grant Payments.

Finian McGrath

Ceist:

737 Mr. F. McGrath asked the Minister for Justice, Equality and Law Reform if he will give an update on funds from the EU equal opportunities child care grant administered by the Department; the amount of the grant that has been spent on local projects; the amount that has been returned to the EU; if €38 million was sent back prior to the last general election; and if he will make a statement on the matter. [11704/04]

Following the mid-term reviews of the national development plan and the regional operational programmes through which its EU supports are channelled, the funding available for the Equal Opportunities Childcare Programme 2000 — 2006 is due to increase from €436.7 million to approximately €449 million over the life of the programme. This requires the completion of some technicalities at the BMW and south east regional operational programme monitoring committees, which take place this week, following which the precise amounts of the funding increases will be available.

Accordingly, the revised allocations to the three strands of funding are as follows: capital developments, approximately €160 million; staffing supports, €201.6 million; and quality initiatives, €86.8 million. These amounts include an element of administration estimated at about 4%.

Commitments entered into to date with local projects amount to €213 million in capital and staffing funding for community based and not for profit groups and private child care providers, while €43 million has been allocated to quality improvement measures. Administration costs to date amount to approximately €10 million. The funding allocated to date will, when fully drawn down, lead to the creation of 28,392 new child care places — the programme target — and will support more than 26,642 existing places.

The nature of the programme is such that much of the funding remaining on the staffing and quality strands will be required to help support the ongoing staffing costs of those community based projects, which are unlikely to be viable in the short to medium term because of the levels of disadvantage among their client groups, and to meet the ongoing costs of the quality enhancing structures such as the city county child care committees and supports to the national voluntary child care organisations.

The EOCP is a seven-year rolling programme and the EU funding is available until end 2007 in the case of much of the south east region and 2008 for the border, midlands and western region. All projects, which have received grant assistance, are being monitored to ensure that they proceed as planned. The funding allocated to any project, which cannot proceed, will be de-committed and made available to another project.

It is my intention that all the funding available will be drawn down at the earliest opportunity and no later than 2007. There is no question of any funding having been returned to the EU at any stage under the programme to date. I am fully committed to maximise the draw down of funding from the EU, including any additional funding which might come available on transfer, such as has recently benefited the programme as a result of the mid-term review of the national development plan and regional operational programmes.

Garda Deployment.

Seán Crowe

Ceist:

738 Mr. Crowe asked the Minister for Justice, Equality and Law Reform if, in view of the heightened vandalism in the area, he will request the Garda Commissioner to authorise extra uniform or undercover Garda presence in Palmerston Place, off Mountjoy Street Dublin 7, particularly at weekends and between 11 and 12 p.m. [11705/04]

I have been advised by the Garda authorities, which are responsible for the detailed allocation of resources, including personnel, that in the period 1 March 2004 to date, three incidents were reported in the area concerned. I have been informed that local Garda management is satisfied that the current level of resources assigned to the area concerned is adequate and that there are no plans to increase Garda resources in the area concerned at this time. The situation will be kept under review and when additional personnel next become available, the needs of the Dublin 7 area will be fully considered within the overall context of the needs of Garda districts throughout the country.

Garda Equipment.

Seán Crowe

Ceist:

739 Mr. Crowe asked the Minister for Justice, Equality and Law Reform if he thinks it acceptable that, after phoning the local Garda station, the residents of Palmerston Place, off Mountjoy St. Dublin 7 were told that there was no patrol car available and that they had to wait 40 minutes before one arrived. [11706/04]

The question in this matter offers no specific details relative to the call, in particular the exact nature of the call and the time it was made.

I have been informed by the Garda authorities that patrol cars in the Dublin Metropolitan Region are directed by communications centre to respond to complaints and calls from members of the public. Depending on the nature of the call, a priority classification is allocated to it that governs the sequence in which calls are responded to. Calls of a serious nature will obviously receive priority treatment. This system can result in the accumulation of calls in each district to be responded to when vehicles become available. Beat personnel are also utilised, when available to respond to calls.

I am further informed that a response of 40 minutes would be an exception, and a concerted effort is made to provide a professional speedy response to calls at the first available opportunity. Supervisory personnel at local level and at communications centre monitor response times to complaints and calls and take remedial action if appropriate.

Registration of Title.

John Perry

Ceist:

740 Mr. Perry asked the Minister for Justice, Equality and Law Reform further to Parliamentary Question No. 480 of 23 March 2004, the progress made on the requested information which was forwarded to the Land Registry by the lodging solicitor on this persons behalf (details supplied); and if he will make a statement on the matter. [11707/04]

I am informed by the Registrar of Titles that this is an application under section 49, that is acquisition of title by virtue of long possession of the Registration of Title Act 1964 which was lodged on 18 February 2003. Dealing number D2003SM001504G refers.

Due to their complicated nature, applications under section 49, which require detailed examination of claims for registration as owners, can take some time to process. Accordingly, it is not possible to estimate a completion date at this stage. I am also informed that further queries were issued to the lodging solicitor on 15 April 2004 and that the application cannot proceed until these queries have been satisfactorily resolved. However, on receipt of a satisfactory reply, the matter will receive further attention in the Land Registry.

Visa Applications.

Gay Mitchell

Ceist:

741 Mr. G. Mitchell asked the Minister for Justice, Equality and Law Reform the consideration that has been given to the application for family reunification in the case of persons (details supplied) with refugee status; and when a decision will be made. [11715/04]

Visa applications have been lodged in respect of ten relatives of the persons concerned. My Department has been in correspondence with the applicants concerning these cases on an ongoing basis and further information has recently been requested from them. When my Department is in possession of all the relevant information the applications will be finalised.

Victims Commission.

Finian McGrath

Ceist:

742 Mr. F. McGrath asked the Minister for Justice, Equality and Law Reform if he will meet a person (details supplied) regarding the case of their child; and if this person will be treated with respect by all involved in the criminal justice system. [11726/04]

I refer the Deputy to my previous answer to Parliamentary Question No. 869 of Tuesday 27 January 2004 in which I informed the Deputy that the Garda authorities informed me that a person was convicted in this case and that the victim received compensation.

While I am sympathetic to the distress caused to the victim's family by this crime, I consider that a meeting would not serve any beneficial purpose at this time.

Garda Stations.

Pádraic McCormack

Ceist:

743 Mr. McCormack asked the Minister for Justice, Equality and Law Reform his proposals for the building of a new Garda station at Oranmore, County Galway, to serve this vastly expanding area; his plans in relation to same; when the building of the Garda station will be due to commence; when it is likely to be completed; if, in the meantime, additional Garda resources will be provided to cope with the greatly expanding population of Oranmore and the surrounding district; and if he will make a statement on the matter. [11766/04]

It is planned to build a new Garda station in Oranmore. To that end, a sketch scheme for a new, city type, station is being considered by the Garda authorities at present. Accordingly, while it is not possible to say at this point when the project will commence, the matter will be progressed as quickly as possible, in view of the requirement to vacate the current station by mid-2005.

The personnel strength of Oranmore Garda station at 23 April 2004 was five across ranks. The situation will be kept under review and when additional personnel next become available the needs of Oranmore Garda station will be fully considered within the overall context of Garda divisions throughout the country.

Closed Circuit Television Systems.

Pádraic McCormack

Ceist:

744 Mr. McCormack asked the Minister for Justice, Equality and Law Reform the grant aid available from his Department to enable communities to install closed circuit television systems; his views on whether this is an extremely cost effective way in the reduction of vandalism and crime on the streets; and if he will make a statement on the matter. [11767/04]

It is not, understandably, possible for the Garda Síochána to install CCTV systems in all areas that have sought them. Some applications for CCTV systems received by the CCTV advisory committee, established by the Garda Commissioner to advise on all matters regarding CCTV systems, relate to relatively small schemes, which, while of importance to the local community, cannot be regarded as a national Garda priority.

To this end, a grant-aid scheme has been launched to facilitate community-based groups who wish to install their own local CCTV system. It will be up to the community groups, in conjunction with the relevant local authority to install, maintain and monitor the community based CCTV schemes.

Grant assistance of up to €100,000 will, subject to the availability of funds, be obtainable from my Department towards the cost of such schemes. Within this cash limit, grants of up to 70% of the total capital cost of the system may be considered. All valid applications received will not be automatically entitled to grant aid. Awards will be at the discretion of the Department, subject to the availability of funds and the number of valid applications received.

It is not possible to determine the actual level of funding that will be available for grant assistance under this scheme. The 2004 CCTV budget is more than €4 million and includes expenditure on the ongoing maintenance of current Garda CCTV schemes as well as the implementation of current and planned schemes.

My Department has received a significant number of expressions of interest — in excess of 200 — in the community-based CCTV scheme. An application prospectus has been prepared by my Department which provides information on how to apply for grant aid, outlines the application process and identifies the main issues that applicants will need to consider. Copies of this prospectus are available on request from the Department's Garda administration division.

A code of practice, drawn up in co-operation with the Office of the Data Protection Commissioner, and detailed technical specifications, drawn up by An Garda Síochána, are almost complete. When both the code of practice and the technical specifications have been finalised the Department will issue copies of it to all communities, which expressed an interest in the community-based CCTV scheme and any applications subsequently received will be evaluated and processed.

The value of Garda CCTV systems is principally as an aid to existing Garda resources. CCTV systems must, therefore, be viewed in the context of overall policing operations and carefully planned and integrated into Garda operational procedures. They are not — nor are they intended as a replacement for gardaí on patrol. The systems have also been of proven assistance to the Garda in the identification of suspects, in facilitating a more efficient use of Garda resources and the better management of incidents.

Registration of Title.

Cecilia Keaveney

Ceist:

745 Cecilia Keaveney asked the Minister for Justice, Equality and Law Reform the position in relation to a land registry application for a person (details supplied) in County Donegal; and if he will make a statement on the matter. [11771/04]

I am informed by the Registrar of Titles that this is an application under section 49, that is acquisition of title by virtue of long possession, of the Registration of Titles Act 1964 which was lodged on 3 March 2004. Dealing number D2004WS002605V refers.

I understand that due to their complicated nature, applications under section 49, which require detailed examination of claims for registration as owners, can take some time to process. Accordingly, it is not possible to estimate a completion date at this stage. However, the application is receiving attention in the Land Registry.

Denis Naughten

Ceist:

746 Mr. Naughten asked the Minister for Justice, Equality and Law Reform the reason for the delay in dealing with an application (details supplied); when a decision will be made on this application; and if he will make a statement on the matter. [11795/04]

I am informed by the Registrar of Titles that this is an application for transfer of part, which was lodged on 1 October 2003. Dealing number D2003CR008496W refers. I am further informed that this application has been completed and notice of completion issued on 23 April 2004.

Denis Naughten

Ceist:

747 Mr. Naughten asked the Minister for Justice, Equality and Law Reform the reason for the delay in dealing with an application (details supplied); and if he will make a statement on the matter. [11796/04]

I am informed by the Registrar of Titles that this is an application for a first registration, which was lodged on 30 October 2003. Dealing number D2003CR009352H refers. I am further informed that a query issued to the lodging solicitor on 31 March 2004 and that the application cannot proceed until this query has been satisfactorily resolved. I understand that due to the complicated nature of these types of cases, which require examination of an applicant's entitlement to the property concerned, it is not possible to estimate a date of completion at this time. However, on receipt of a satisfactory reply, the matter will receive further attention in the Land Registry.

Question No. 748 answered with QuestionNo. 692.

Equal Opportunities Childcare Programme.

Gay Mitchell

Ceist:

749 Mr. G. Mitchell asked the Minister for Justice, Equality and Law Reform the reason the review of the EOCP is taking so long, when the review will be completed; and when the outcome will be made public. [11875/04]

My Department is responsible for the development of child care to meet the needs of parents in employment, education and training. For this purpose, €436.7 million of funding was provided by the European Union and the Exchequer through the equal opportunities childcare programme, EOCP. Of this amount, the EU is contributing more than €170 million of Structural Funds toward the programme.

There are a number of elements, which have to come together to complete the review of the equal opportunities childcare programme. Because the EOCP is an element of the community support framework for Ireland and of the national development plan, it was also reviewed as part of the mid-term evaluations of the regional operational programmes through which its EU funding is channelled and as part of the NDP itself. It was also extensively reviewed by the NDP CSF evaluation unit. The implementation of the recommendations of these reviews requires decisions of the monitoring committees, which are taking place this week.

Following the mid-term reviews of the national development plan and the regional operational programmes through which its EU supports are channelled, the funding available for the Equal Opportunities Childcare Programme 2000-2006 is due to increase from €436.7 million to approximately €449 million over the life of the programme. This requires the completion of some technicalities at the BMW and south east regional operational programme monitoring committees, which take place this week, following which the precise amounts of the funding increases will be available.

I understand that approximately €12 million of additional EU and Exchequer match funding will now be made available for child care following the mid-term review of the national development plan and its constituent operational programmes. This is both welcome and a testament to the achievements of the programme to date and the arrangements for these additional funds are being finalised this week. This will bring to almost €449 million the commitment of public money to the development of child care over the life of the national development plan. This public investment is also directly levering some private investment in the sector — estimated at about €14 million.

My Department has carried out a detailed review of the budget lines for the entire programme to ensure that the amounts allocated under the different strands of the programme best meet the requirements for the development of the sector.

Accordingly, the revised allocations to the three strands of funding are as follows: capital developments, approximately €160 million; staffing supports, €201.6 million and quality initiatives, €86.8 million. These amounts include an element of administration estimated at about 4%. Projects are selected on the basis of a range of criteria such as the socio-economic and demographic profile of the area; the quality of the proposal; the capacity of the group to implement the project; the level of integration and co-ordination of the project within the local community; and costings and value for money.

My Department has also asked Area Development Management Limited, which carries out the day-to-day administration of the equal opportunities programme on my behalf, to ensure that all capital projects, which have already received grant allocations will proceed. Many of these projects are either awaiting planning permission or the completion of tender processes before reasonable assurance can be taken that they will proceed and draw down the funds. In the event that any of these projects do not proceed, the funding will be de-committed and made available to another suitable project.

All counties have benefited from new projects and additional child care places under the programme. We now need to use the remaining capital funding to address the most immediate service gaps. As a result, all the projects in the pipeline will be reviewed to ensure that those projects, which best meet the programme criteria and which can be completed by the end of the present programme, will receive priority. The ability to bring a project to fruition before the end of the present programme is an important criterion at this stage as I am aware that it can frequently take time to complete a project and there are constraints to ensure that we maximise our EU funding.

I do not doubt but that the success of the present strand of the EOCP and the need to continue to make child care available to support the child care needs of our still growing work force will support my case for ongoing capital and current funding from Government for this key sector. Should any additional funding become available before the end of the present national development plan, I would expect that the programme would again benefit from transfers.

Closed Circuit Television Systems.

Michael Ring

Ceist:

750 Mr. Ring asked the Minister for Justice, Equality and Law Reform if an application has been made for the provision of a closed circuit television system in Drogheda; and if so, the status of the application. [11945/04]

I am informed by the Garda authorities that 17 locations are set to receive new Garda CCTV systems, subject to the availability of funds. These locations are — in alphabetical order: Athlone, Ballyfermot, Bray, Carlow, Castlebar, Clondalkin, Clonmel, Dundalk, Dun Laoghaire, Ennis, Finglas, Galway, Kilkenny, Limerick, Sligo, Tallaght and Waterford.

I have been further informed by the Garda authorities that an application for a Garda CCTV system in Drogheda has been received by the CCTV advisory committee. This application is under consideration by the committee together with a number of applications from other cities and towns throughout the country. However, it should be noted that the 17 schemes, which are either at installation, tender or planning stages would have to be completed prior to the initiation of future CCTV projects.

Sexual Offences.

Denis Naughten

Ceist:

751 Mr. Naughten asked the Minister for Justice, Equality and Law Reform further to Parliamentary Question No. 147 of 19 June 2003, if his Department feels that additional powers are needed to prevent sex-tourism from this country to countries such as the Philippines; and if he will make a statement on the matter. [11960/04]

The Sexual Offences (Jurisdiction) Act, 1996 gives the Garda authorities substantial powers to deal with this type of criminal activity. As I stated in my previous reply if experience shows that additional powers are needed I will not hesitate to seek Government approval for them. However I am assured by the Garda authorities they are satisfied that additional powers are not required at present.

Road Traffic Offences.

Denis Naughten

Ceist:

752 Mr. Naughten asked the Minister for Justice, Equality and Law Reform further to Parliamentary Question No. 91 of 15 October 2003, if he will furnish Dáil Éireann with the revised dates for the introduction of the computerised penalty points system; and if he will make a statement on the matter. [11967/04]

I refer the Deputy to my replies to Parliamentary Question No. 133 of 29 January 2004 and Parliamentary Question No. 91 of 15 October 2003.

As I indicated at that time, the Garda is working in partnership with Fujitsu Consulting to develop and implement the fixed charge processing system, which provides for the computerisation of the Garda element of penalty points processing. It also provides for integration with the Courts Service and Department of the Environment, Heritage and Local Government systems. I also indicated that the electronic system was planned to commence in the second quarter, initially by way of pilot.

The Garda indicates that the electronic system is planned to commence before the end of June, initially by way of live pilot, and that full implementation will follow on successful completion of the pilot.

Industrial Relations.

Denis Naughten

Ceist:

753 Mr. Naughten asked the Minister for Justice, Equality and Law Reform if he will update the House on the discussions to date with the Prison Officers Association; and if he will make a statement on the matter. [11970/04]

While talks at the Labour Relations Commission have been protracted and difficult, they are continuing and a good deal of progress has been made. I remain hopeful that agreement can be reached in the very near future. The Deputy will appreciate that it would be inappropriate for me to make any further comment at this time.

Denis Naughten

Ceist:

754 Mr. Naughten asked the Minister for Justice, Equality and Law Reform if he intends to remove his threat to introduce alternative arrangements for the operation of Loughan House, Blacklion, County Cavan; his views on the fact that this facility is an integral part of the Prison Service; and if he will make a statement on the matter. [11971/04]

As I have indicated many times in recent months, it is not my preferred course of action to introduce alternative arrangements for the operation of Loughan House. The Government decision on this matter makes it clear that this step will only take place if there is no resolution to the ongoing negotiations taking place with the Prison Officers' Association. In effect, the future of Loughan House is linked to this process.

If a change of status for Loughan House becomes necessary, the facility will continue in operation, albeit under different management. I have already indicated that, in the event of change, the intention is to transform this facility into a post release centre for the reintegration into society of prisoners on conditional temporary release.

Garda Deployment.

Joe Costello

Ceist:

755 Mr. Costello asked the Minister for Justice, Equality and Law Reform the total number of Garda Juvenile liaison officers broken down by county and Garda Division; and if he will make a statement on the matter. [11975/04]

I have been informed by the Garda authorities that there are currently 85 juvenile liaison officers of garda rank and 8 juvenile liaison officers at sergeant rank in operation throughout the country.

The breakdown of Juvenile Liaison Officer personnel by division and by county is as set out in the tables hereunder:

Juvenile Liaison Officers by Division

Division

Garda

Sergeant

Total

Dublin (South Central)

4

1

5

Dublin South

7

1

8

Dublin West

7

1

8

Dublin North

9

1

10

Dublin (North Central)

3

1

4

Dublin East

6

1

7

Louth/Meath

5

5

Longford/Westmeath

3

3

Laois/ Offaly

2

2

Kildare/ Carlow

3

3

Wexford/ Wicklow

3

3

Waterford/ Kilkenny

5

5

Tipperary

2

2

Cork City

6

1*

7*

Cork North

2

2

Cork West

2

2

Kerry

2

2

Limerick

1

1

2

Clare

1

1

Roscommon/ Galway East

2

2

Galway West

2

2

Mayo

2

2

Sligo/ Leitrim

1

1

Donegal

3

3

Cavan/ Monaghan

2

2

Total

85

8

93

* The Sergeant in Cork City Division also has responsibility for the Cork North and Cork South Divisions.

Juvenile Liaison Officers by County

County

Garda

Sergeant

Total

Dublin

36

6

42

Meath

3

3

Louth

2

2

Longford

2

2

Westmeath

1

1

Laois

1

1

Offaly

1

1

Kildare

2

2

Carlow

1

1

Wexford

2

2

Wicklow

1

1

Kilkenny

2

2

Waterford

3

3

Tipperary

2

2

Cork

10

1

11

Kerry

2

2

Limerick

1

1

2

Clare

1

1

Roscommon

1

1

Galway

3

3

Mayo

2

2

Sligo

1**

1**

Leitrim

**1**

**1**

Donegal

3

3

Cavan

1

1

Monaghan

1

1

Total

85

8

93

** The Garda in the Sligo/Leitrim Division also has responsibility for both these counties.

James Breen

Ceist:

756 Mr. J. Breen asked the Minister for Justice, Equality and Law Reform if he will increase Garda numbers in the east Clare division, with particular reference to Scariff. [12003/04]

I have been informed by the Garda authorities, which are responsible for the detailed allocation of resources, including personnel, that the Scariff area is policed by Scariff Garda station in the Killaloe district. The current personnel strength of Scariff Garda station is five across all ranks. The personnel strength of the Killaloe district is 36 across all ranks.

Resources are augmented from within the district or division as required. Local Garda management is satisfied that the resources currently in place in the Scariff area are adequate to meet the present policing needs of the area. Garda management will continue to appraise the policing and administrative strategy employed in Scariff with a view to ensuring an effective Garda service is maintained,

Liquor Licensing Laws.

Michael Ring

Ceist:

757 Mr. Ring asked the Minister for Justice, Equality and Law Reform if further changes or amendments have been made to the Intoxicating Liquor Bill since it was passed through Dáil Éireann. [12004/04]

There is no Intoxicating Liquor Bill at present before either House of the Oireachtas.

Michael Ring

Ceist:

758 Mr. Ring asked the Minister for Justice, Equality and Law Reform if, in regard to debutantes’ balls, persons under the age of 18 years could attend such functions on licensed premises if no alcohol is being served. [12005/04]

Michael Ring

Ceist:

759 Mr. Ring asked the Minister for Justice, Equality and Law Reform the position in regard to licensing laws; and if persons under the age of 18 are permitted to attend a late night function in a licensed premises in which no alcohol is being served. [12006/04]

I propose to take Questions Nos. 758 and 759 together.

Section 14 of the Intoxicating Liquor Act 2003 prohibits persons under the age of 18 years from being in the bar of licensed premises after 9 p.m. This restriction does not, however, apply on the occasion of a private function at which a substantial meal is served to persons attending the function. In this context "bar" is defined as any open bar or any part of licensed premises exclusively or mainly used for the sale and consumption of intoxicating liquor and includes any counter or barrier across which drink is or can be served to the public. The restriction does not apply to other parts of the licensed premises.

Where a part of licensed premises contains a bar counter which is physically closed and is not used for the supply of intoxicating liquor, such a part of the premises does not constitute a "bar" within the meaning of the 2003 Act. As I have previously stated, I would recommend that any person organising an alcohol-free event in such premises for persons under the age of 18 notify the superintendent of the Garda Síochána for the Garda district in which the premises are situated in advance of the proposed event.

Registration of Title.

Michael Ring

Ceist:

760 Mr. Ring asked the Minister for Justice, Equality and Law Reform when the Land Registry will deal with matters pending on a folio (details supplied) in County Mayo. [12007/04]

I am informed by the Registrar of Titles that these four Land Commission Schedule applications refer to: schedule number 90102, which was lodged on 26 May 1988; schedule number 90103, which was lodged on 23 October 1987; schedule number 90104, which was lodged on 23 October 1987; and schedule number 91992, which was lodged on 25 June 1991.

Land Commission schedule applications are deemed to be registered as of the date of vesting which is prior to the date of lodgement of the documents in the Land Registry. Accordingly, registration in the Land Registry of Land Commission cases is afforded a lower priority than the registration of other dealings.

The Registrar of Titles has also provided me with the following information on the Land Commission schedule applications. Schedule numbers 90102 and 90103 are receiving attention in the Land Registry and, subject to no queries arising, will be completed within the next few weeks. A query issued regarding schedule number 90104, to the lands division, Department of Agriculture and Food, on 23 April 2004 and the application cannot proceed until this query has been satisfactorily resolved. On receipt of a satisfactory reply, the matter will receive further attention in the Land Registry.

I am also informed that there is no reference to the individual referred to by the Deputy or any other party with the same surname in the application the subject of schedule number 91922 and that this application is also receiving attention in the Land Registry.

Garda Stations.

Olivia Mitchell

Ceist:

761 Ms O. Mitchell asked the Minister for Justice, Equality and Law Reform if he has received the SMI steering group’s report into the structural and operational systems of An Garda Siochána; if it contains recommendations in respect of opening hours of Garda stations; and if there are changes envisaged in the opening hours of Rathfarnham Garda station. [12086/04]

The optimum use of Garda stations was considered as part of a major review of the Garda organisation structures under the strategic management initiative programme of modernisation. The review has looked in detail at a range of areas within the organisation. The Garda SMI implementation steering group has now finalised its report and I am having the report examined in my Department and will give careful consideration to all of the steering group's recommendations, including any implications they may have for the opening hours of Garda stations.

Citizenship Applications.

Michael Noonan

Ceist:

762 Mr. Noonan asked the Minister for Justice, Equality and Law Reform if a favourable decision could be made on an application by a person (details supplied) for naturalisation in advance of their commencing studies at the University of Limerick in September 2004; and if he will make a statement on the matter. [12102/04]

An application for naturalisation from the person referred to by the Deputy was received in the citizenship section of my Department on 27 June 2003. Applications for naturalisation are currently taking approximately 18 months to process. Consequently, it is likely that the application of the person concerned will be finalised around the end of 2004. As soon as I have reached a decision on the matter, I will inform the applicant and the Deputy of the outcome.

Car Theft.

Bernard J. Durkan

Ceist:

763 Mr. Durkan asked the Minister for Justice, Equality and Law Reform when the recovered stolen car, property of a person (details supplied) in County Kildare now at Coolock Garda station, will be returned to the owner; and if he will make a statement on the matter. [12124/04]

I am informed by the Garda authorities that the vehicle in question was returned to its owner on 25 April 2004.

Crime Levels.

John Curran

Ceist:

764 Mr. Curran asked the Minister for Justice, Equality and Law Reform the breakdown in the headline crime figures as reported in Clondalkin Garda station for the periods January, February and March 2002, January, February and March 2003 and January, February and March 2004. [12150/04]

John Curran

Ceist:

765 Mr. Curran asked the Minister for Justice, Equality and Law Reform the breakdown in the headline crime figures as reported in Lucan Garda station for the periods January, February and March 2002, January, February and March 2003 and January, February and March 2004. [12151/04]

John Curran

Ceist:

766 Mr. Curran asked the Minister for Justice, Equality and Law Reform the breakdown in the headline crime figures as reported in Ronanstown Garda station for the periods January, February and March 2002, January, February and March 2003 and January, February and March 2004. [12152/04]

I propose to take Questions Nos. 764 to 766, inclusive, together.

I have made inquiries with the Garda authorities and the information requested by the Deputy is laid out in the following tables:

Table 1

Clondalkin

Headline Offence Groups

Recorded2001

Detected2001

Recorded2002

Detected2002

Recorded2003*

Detected2003*

Group 1 Homicides

2

2

1

1

0

0

Group 2 Assaults

52

37

85

54

47

29

Group 3 Sexual Offences

18

16

43

29

35

28

Group 4 Arson

27

2

22

2

37

0

Group 5 Drugs

27

27

26

26

35

35

Group 6 Thefts

649

202

667

145

564

142

Group 7 Burglaries

239

46

338

71

355

58

Group 8 Robberies

88

31

65

19

54

12

Group 9 Frauds

8

3

37

15

59

48

Group 10 Other Headline Offences

17

7

25

14

15

8

Total

1,127

373

1,309

376

1,201

360

* Figures for 2003 are provisional and subject to change

Table 2

Ronanstown Station

Headline Offence Groups

Recorded2001

Detected2001

Recorded2002

Detected2002

Recorded2003*

Detected2003*

Group 1 Homicides

2

1

1

0

3

2

Group 2 Assaults

42

26

64

36

67

30

Group 3 Sexual Offences

12

9

19

11

15

1

Group 4 Arson

16

1

17

2

10

1

Group 5 Drugs

56

56

57

57

78

78

Group 6 Thefts

593

278

744

330

603

236

Group 7 Burglaries

161

31

227

64

203

19

Group 8 Robberies

66

29

41

10

42

9

Group 9 Frauds

16

9

18

10

14

9

Group 10 Other Headline Offences

8

4

28

11

29

8

Total

972

444

1,216

531

1,064

393

* Figures for 2003 are provisional and subject to change

Table 3

Lucan Station

Headline Offence Groups

Recorded2001

Detected2001

Recorded2002

Detected2002

Recorded2003*

Detected2003*

Group 1Homicides

0

0

0

0

0

0

Group 2 Assaults

29

14

43

34

37

29

Group 3 Sexual Offences

6

1

10

9

7

3

Group 4 Arson

8

2

9

1

10

0

Group 5 Drugs

9

9

12

12

7

7

Group 6 Thefts

441

132

474

138

546

132

Group 7 Burglaries

178

38

226

26

251

35

Group 8 Robberies

18

7

21

4

19

6

Group 9 Frauds

14

11

16

10

17

6

Group 10 Other Headline Offences

6

5

2

2

11

7

Total

709

219

813

236

905

225

* Figures for 2003 are provisional and subject to change

Richard Bruton

Ceist:

767 Mr. R. Bruton asked the Minister for Justice, Equality and Law Reform in respect of the recent crime statistics published for the first three months of 2004, the number of crimes reported from the Dublin 24 area; the way in which this situation compares with the first three months of 2003, particularly in regard to the number of crimes reported under the categories of theft from person, theft from motor vehicles, and burglaries; and if he will make a statement on the matter. [12153/04]

I have been informed by the Garda authorities that the crime statistics compiled by the Garda Síochána do not relate to postal areas. Tallaght Garda station covers most of the Dublin 24 area. The following table outlines the headline crime statistics for the years 2001, 2002 and 2003 for the area covered by Tallaght Garda station. The statistics for 2003 are provisional and are, therefore, subject to change.

Tallaght Station

Headline Offence Groups

Recorded2001

Detected2001

Recorded2002

Detected2002

Recorded2003

Detected2003

Homicides

2

2

5

3

1

0

Assaults

122

82

173

114

151

94

Sexual Offences

49

31

106

72

54

18

Arson

42

6

37

4

41

5

Drugs

125

125

100

100

68

68

Thefts

990

539

1153

582

1235

542

Burglaries

387

48

493

74

372

34

Robberies

135

46

96

27

106

19

Frauds

39

31

52

27

58

36

Other Headline Offences

48

29

46

25

47

28

Total

1939

939

2261

1028

2133

844

Garda Investigations.

Finian McGrath

Ceist:

768 Mr. F. McGrath asked the Minister for Justice, Equality and Law Reform if he will investigate the concerns raised in correspondence regarding the case of a person (details supplied); and if he will make a statement on the matter. [12157/04]

I refer the Deputy to my previous answer to Parliamentary Question No. 378 of 9 March 2004 in which he inquired about this matter. I can inform the Deputy that the position in this situation remains unchanged. I am informed by the Garda authorities that the person referred to by the Deputy has not made a statement of complaint and, in respect of the issues raised by the Deputy's correspondent, I am informed that no additional evidence has been procured to alter the directions of "no prosecution" issued by the Director of Public Prosecutions.

Asylum Applications.

Seán Power

Ceist:

769 Mr. S. Power asked the Minister for Justice, Equality and Law Reform when a decision will be made on the application for residency by a person (details supplied) in County Kildare on the basis of their Irish-born children. [12159/04]

The person concerned arrived in the State and made an asylum application in October 1999. His partner, along with her then three year old daughter, followed him to the State and made her asylum application in May 2000. Both asylum applications were refused. She gave birth in the State on 13 October 2001 and both persons applied for residency on the basis of parentage of the Irish born child.

Following the decision of the Supreme Court in the cases of L and 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.

As the persons in question do 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 the already issued ministerial proposals to deport them. If, in the light of representations received 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 they will be given leave to remain on a humanitarian basis. Given the large number of such cases on hand I am unable to say at this stage when the files will be examined.

Decentralisation Programme.

John Bruton

Ceist:

770 Mr. J. Bruton asked the Minister for the Environment, Heritage and Local Government if, in view of the perceived need for decentralisation, he has proposals to avail of Article 15.2.1° of the Constitution to create or recognise subordinate legislatures within the State. [12031/04]

There are no current proposals to create or subordinate legislatures as referred to in Article 15.2.2° of the Constitution. Following a referendum in 1999, Article 28A of the Constitution under this role, local authorities are empowered to regulate a range of matters on the basis of decisions taken at local level.

Local Authority Housing.

Mary Upton

Ceist:

771 Dr. Upton asked the Minister for the Environment, Heritage and Local Government further to the reply to Parliamentary Question No. 146 of 1 April 2004, whether this question relates to a flat complex (details supplied), or to a wider proposal (details supplied). [11137/04]

No proposals relating to a redevelopment of the Dolphin's Barn area have been received in my Department.

Water and Sewerage Schemes.

Eamon Gilmore

Ceist:

772 Mr. Gilmore asked the Minister for the Environment, Heritage and Local Government the position in regard to the Ardara sewerage scheme in County Donegal; and if he will make a statement on the matter. [11138/04]

Eamon Gilmore

Ceist:

815 Mr. Gilmore asked the Minister for the Environment, Heritage and Local Government the position in regard to the Ardara, County Donegal, sewerage scheme. [11671/04]

I propose to take Questions Nos. 772 and 815 together.

The Ardara sewerage scheme has been approved for funding under the rural towns and villages initiative of my Department's water services investment programme 2003-2005. Donegal County Council's reports on the tenders for the civil works and the mechanical/electrical elements of the scheme are under consideration in my Department and will be dealt with as quickly as possible.

Local Authority Housing.

Emmet Stagg

Ceist:

773 Mr. Stagg asked the Minister for the Environment, Heritage and Local Government if he has made any changes to the private site scheme whereby applicants are provided by the local authority with a site on which to build a home at a subsidised price; the price now payable by applicants for a site; if he will provide an updated or current copy of the scheme and of any guidelines on this scheme that issued to local authorities in the past five years; and if he will make a statement on the matter. [11208/04]

Local authorities may provide subsidised housing sites at low cost to assist persons in housing need to provide their own housing. Under the terms of the scheme local authorities may determine the appropriate sale price of sites having regard to the circumstances of applicants. The most recent changes to the scheme which relate to the claw-back provisions under the scheme are set out in circulars issued by my Department to local authorities in June 2000 and January 2001 respectively. Copies of these circulars are being forwarded to the Deputy.

Register of Landlords.

Arthur Morgan

Ceist:

774 Mr. Morgan asked the Minister for the Environment, Heritage and Local Government when the register of landlords will be completed; the progress that has been made by local authorities in compiling these lists; and if he will make a statement on the matter. [11249/04]

Under the Housing (Registration of Rented Houses) Regulations 1996, it is the responsibility of landlords to register with the local authority and pay the appropriate fee. Information relating to registration of houses and landlords, based on returns from local authorities, is provided in the quarterly and annual housing statistics bulletins published by my Department. The most recent information is contained in the September quarter 2003 bulletin, which indicated that an overall total of 23,863 units were registered with local authorities by 17,058 landlords on 30 September 2003.

The Residential Tenancies Bill 2003, which is currently before Dáil Éireann, provides that landlords must register details of their tenancies with a private residential tenancies board and provides, accordingly, for the repeal of the 1996 regulations. This board will proactively pursue compliance and unregistered accommodation will come to notice when tenants bring cases to it. Landlords must be registered in order to avail of the board's dispute resolution service, a double fee will apply to late registrations and penalties for convictions are being increased.

Local Authority Funding.

Denis Naughten

Ceist:

775 Mr. Naughten asked the Minister for the Environment, Heritage and Local Government if he will sanction the raising of a loan by Roscommon County Council to refurbish its existing local authority housing stock; and if he will make a statement on the matter. [11253/04]

An application for loan approval has been received in this case and is being examined. I intend that a decision will issue in this matter as soon as possible.

Government Strategy on Homelessness.

Richard Bruton

Ceist:

776 Mr. R. Bruton asked the Minister for the Environment, Heritage and Local Government his views on the success in the past four years of the Government fund strategy to address homelessness in Dublin; the high level goals of the strategy; the extent to which they have been achieved; and the issues which have been identified as the main obstacle to better progress in relation to homelessness and sleeping rough in the city. [11288/04]

As part of the Government's integrated and preventative strategies on homelessness, local authorities, together with health boards and other statutory and voluntary bodies, were required to draw up local action plans to tackle homelessness in their areas. The Homeless Agency is charged with the implementation of the action plans drawn up by the four Dublin local authorities. I understand that a review of progress in implementing the main aims of the Dublin action plan was recently carried out on behalf of the agency and I have arranged for a copy of the action plans and review document be sent to the Deputy.

I am satisfied that significant progress has been made in addressing the issue of homelessness in Dublin since the publication of the homeless strategies. The Government is committed to continuing its support of the efforts of the local statutory and voluntary agencies in tackling this issue. My Department's provision for the recoupment to local authorities of 90% of the cost of providing accommodation and related services for homeless persons in 2004 is €51 million. This brings to €190.6 million the total provided for this purpose since 2000. Further funding is provided by the local authorities and, in the case of care related services, by the health boards.

A review of the implementation of the integrated and preventative homeless strategies and their associated local action plans will commence in the near future.

Richard Bruton

Ceist:

777 Mr. R. Bruton asked the Minister for the Environment, Heritage and Local Government the expenditure incurred in each of the past four years in relation to the homelessness strategy of the Government, distinguishing the key areas of expenditure and the activities and outcomes which have been achieved under each heading of expenditure. [11289/04]

While the provision of accommodation for homeless persons is the responsibility of local housing authorities my Department recoups to them 90% of their expenditure on the provision of accommodation and related services. Details of amounts recouped over the past four years are as follows:

2000

2001

2002

2003

€ million

€ million

€ million

€ million

15.8

31.7

42.9

49.2

This funding has enabled local authorities to provide services appropriate to the needs of homeless persons within their functional areas. Local authorities meet the balance of 10% of the costs from their own revenue while the care costs associated with these services are provided by the health boards.

A wide range of additional accommodation, ranging from emergency accommodation to long-term sheltered accommodation has been provided. This has enabled rough sleepers to access emergency accommodation and allowed homeless persons to move out of emergency accommodation and into accommodation more suitable to their needs. Increased levels of day care facilities together with specific provisions to meet the needs of people with addiction problems or who are sleeping rough, as well as homeless ex-offenders, have been put in place.

A review of the implementation of the integrated and preventative homeless strategies and their associated action plans will commence in the near future.

Waste Management.

Gay Mitchell

Ceist:

778 Mr. G. Mitchell asked the Minister for the Environment, Heritage and Local Government if a purification plant in Dublin, which was funded by the Exchequer and the European Commission works properly; if he will confirm that sewage is not being discharged into the Irish Sea; and if he will make a statement on the matter. [11303/04]

John Gormley

Ceist:

830 Mr. Gormley asked the Minister for the Environment, Heritage and Local Government if he intends to intervene directly to ensure that the sewage treatment plant which he opened in Ringsend is functioning properly; and if he will make a statement on the matter. [11996/04]

I propose to take Questions Nos. 778 and 830 together.

The management of the Dublin Bay waste water treatment plant is the responsibility of Dublin City Council. On completion of the commissioning stage it will fully meet the requirements of the urban waste water treatment directive.

I understand from the council that the plant has been meeting the intermediate standards required under the contract for the commissioning stage and has already resulted in a very substantial improvement in water quality in Dublin Bay. While the quality of the discharged effluent was affected at certain times by commissioning difficulties, it was well within the contractual limits. The latest position is that, while the results of a two months continuous test of the plant are currently being analysed, all wastewater arriving at the plant, together with all sludge produced on site, is being subjected to the complete treatment process and only treated effluent is being discharged.

Environmental Policy.

Trevor Sargent

Ceist:

779 Mr. Sargent asked the Minister for the Environment, Heritage and Local Government if he will supply a list of the significant amount, in area and location, of environmental broadleaf tree planting undertaken by Dúchas and the Department of the Environment, Heritage and Local Government in 1997-2003. [11310/04]

Trevor Sargent

Ceist:

780 Mr. Sargent asked the Minister for the Environment, Heritage and Local Government if he will supply a list of the areas and locations of the environmental conifer tree planting undertaken by Dúchas and the Department of the Environment, Heritage and Local Government and by local authorities in 1997-2003. [11311/04]

I propose to take Questions Nos. 779 and 780 together.

My Department's national parks and wildlife service is responsible for the management of woodlands in State-owned natural heritage sites. In general, such woodlands contain large numbers of native tree species. Very little formal planting takes place at these sites, as natural regeneration is the preferred method of increasing the numbers of broad-leaved trees. However, at sites where exotic conifers are the dominant species, a programme of conifer clearance is ongoing and, when clear-felled, these areas are generally fenced off to allow for natural regeneration of native tree species.

Between 1997 and 2003, planting of broadleaved species took place as follows: Glengarriff Wood nature reserve, County Cork, 130.6 hectares of this wood has been clear-felled in the period under discussion and the area is being managed as a broadleaf plantation; 85 hectares of the clear-felled area has been planted with broadleaf, and the rest of the area is being left to natural re-generation of broadleaf species, a process which is progressing well: Wicklow Mountains national park, WMNP, approximately five hectares was planted at Derrybawn. Approximately six hectares of exotic species were clear-felled and replanted with native broadleaved species at Deputy's pass. Some 4.9 hectares of exotic species was clear-felled and replanted with broadleaved native species at St. Saviour's Wood. Approximately two hectares of mixed native broadleaf's and hedgerows was planted on areas around the WMNP offices at Kilafin, Laragh, County Wicklow. Other plantings include, some 0.5 hectares of oak species was planted in mitigation of trees cleared for the construction of the Glen of the Downs road scheme. Approximately ten hectares of exotic species was cleared from the Vale of Clara nature reserve, County Wicklow, and natural regeneration of native species is being allowed to take place here. Approximately 750 broadleaf trees have been planted at Wexford wildfowl reserve.

The NPWS does not generally engage in the planting of non-native conifer trees, although small quantities of yew and Scots pine are planted from time to time. My Department does not have details of tree planting by local authorities.

Ministerial Appointments.

Ruairí Quinn

Ceist:

781 Mr. Quinn asked the Minister for the Environment, Heritage and Local Government the reason a decision by Dublin City Council, in July 1999, to nominate three elected members of that council to serve on the board of Temple Bar Properties was not implemented by the Minister at the time; and if he will make a statement on the matter. [11323/04]

Temple Bar Properties is the body established under the Temple Bar Area Renewal and Development Act 1991. Under section 3 of this Act, the appointment of the Chairman and board members of the company was solely a matter for the Minister as sole shareholder. My Department has no record of any communication as referred to above from Dublin City Council when the board was being appointed in 1999.

Waste Disposal.

Arthur Morgan

Ceist:

782 Mr. Morgan asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the continued operation of unlicensed waste disposal and quarrying activities throughout the State; if urgent action will be taken to stop the operation of unlicensed waste disposal and quarrying activities which pollute the environment and cause difficulties for licensed operators and their workers; his views on the business of unlicensed operators who flout the planning laws have unfair trade advantage over licensed, compliant operators and thus penalise those companies paying taxes and complying with the law; and if he will make a statement on the matter. [11326/04]

I have emphasised that there can be no excuse for illegal waste activities and that the effective operation of the regulatory regime for the waste sector is a key priority. To this end, I have introduced a number of significant initiatives designed to achieve more vigorous enforcement of the waste code.

First, I took the opportunity of the Protection of the Environment Act 2003 to provide new enforcement powers for the environmental authorities concerned and to increase the maximum fines that can be imposed for contraventions of the waste code. Second, I have recognised the need for improved structural arrangements to underpin the enforcement effort. I announced, last October, details of the establishment of a new Office of Environmental Enforcement, OEE, located within the Environmental Protection Agency. While it has a wide remit, the OEE, at my request, is focusing on waste-related enforcement activities as a priority.

Third, I have allocated €7 million from the environment fund to support the first year of a major five-year programme of local authority waste enforcement activities. The aim is to provide a stronger and more visible local authority enforcement presence on the ground and to ensure more frequent inspections and speedier responses to reported instances of illegal dumping.

On the matter of quarries, I signed an order on 15 April 2004 commencing section 261 of the Planning and Development Act 2000 with effect from 28 April 2004. Section 261 introduces a once-off system of registration for all quarries except those for which planning permission was granted in the past five years. Under the registration system, quarry operators must supply full details of their operations to the planning authority, including on the area of the quarry, the material being extracted, the hours of operation, and the traffic noise and dust generated. Following registration a planning authority can impose conditions on the operation of a pre-1964 quarry or may require such a quarry to apply for planning permission in certain circumstances. Authorities will also be able to restate, modify or add to conditions on the operation of a quarry which received planning permission more than five years ago. I have also published, in tandem with the commencement of this section, guidelines for planning authorities on quarries and ancillary activities.

It would be a matter for individual public sector organisations, in the context of the awarding of contracts, to consider how compliance with the requirements of planning, waste management and other legislative codes, on the part of contractors, is to be secured.

Water and Sewerage Schemes.

Eamon Gilmore

Ceist:

783 Mr. Gilmore asked the Minister for the Environment, Heritage and Local Government the reason contract documents for the Shanganagh/Bray main drainage scheme Corke Abbey pumping station scheme, which were submitted to his Department by Dún Laoghaire-Rathdown County Council in June 2003, have still not been approved; when this scheme will be approved; and if he will make a statement on the matter. [11327/04]

The Corke Abbey pumping station is an element of the Shanganagh sewerage scheme which is included in my Department's Water Services Investment Programme 2003-2005 to commence construction this year.

The contract documents for the pumping station are under examination in my Department and will be dealt with as soon as possible. The timescale generally for examination of contract documents in the Department is dictated by the competing demands arising from the large volume of schemes included in the water services investment programme and the scheduling of individual schemes within the overall programme.

Postal Voting.

Seán Haughey

Ceist:

784 Mr. Haughey asked the Minister for the Environment, Heritage and Local Government the categories of persons entitled to a postal vote; and if he will make a statement on the matter. [11328/04]

Gay Mitchell

Ceist:

812 Mr. G. Mitchell asked the Minister for the Environment, Heritage and Local Government if a person (details supplied) in Dublin 20 will be allowed to vote by post. [11668/04]

Richard Bruton

Ceist:

818 Mr. R. Bruton asked the Minister for the Environment, Heritage and Local Government if he has made arrangements to permit persons who will be away on holidays on 11 June 2004 to exercise their franchise; and if he will make a statement on the matter. [11748/04]

I propose to take Questions Nos. 784, 812 and 818 together.

Electoral law provides for postal voting by members of the Garda Síochána, whole-time members of the Defence Forces, Irish diplomats serving abroad and their spouses, electors living at home who are unable to vote because of a physical illness or disability, certain election staff employed at the poll outside the constituency where they reside and electors whose occupation, service or employment makes it likely that they will be unable to vote in person at their local polling station on polling day. Full-time students registered at their home who are living elsewhere while attending an educational institution in the State are also eligible to apply for a postal vote. Electors who are eligible for but not already included in the postal voters list, may apply for entry in a supplement to the list which is published prior to each poll. The latest date for receipt of applications by registration authorities for inclusion in the postal votes list for the polls to be held on 11 June 2004 will be not later than two days following the date of the last polling day order to be made.

There are no proposals to extend the range of postal voter categories to include persons who are away on holidays.

Register of Electors.

Seán Haughey

Ceist:

785 Mr. Haughey asked the Minister for the Environment, Heritage and Local Government the persons entitled to vote in local and European Elections; the position of non-nationals in this regard; and if he will make a statement on the matter. [11329/04]

To be eligible to vote at the forthcoming polls, a person must be registered on the register of electors: a person's citizenship determines the polls at which they are subsequently entitled to vote. Irish citizens are eligible to vote at all polls, EU citizens can vote at European and local elections and non-nationals, other than EU citizens, can vote at local elections only.

Seán Haughey

Ceist:

786 Mr. Haughey asked the Minister for the Environment, Heritage and Local Government if he will give details regarding the operation of the supplement to the register of electors; the way in which a voter can get on this supplementary list; and if he will make a statement on the matter. [11330/04]

I refer also to the reply to Questions Nos. 784, 812 and 818 today.

To be eligible for inclusion in the supplement, a person must have attained 18 years of age by polling day, must be ordinarily resident at the address at which they wish to be registered and must not be already registered as an elector except in the case of a person who wishes to change their address. Application forms are available from registration authorities and completed forms, witnessed by a member of the Garda Síochána, must be sent by the applicant to arrive at the appropriate local authority not later than 24 May 2004 in order to be eligible to vote in the polls to be held on 11 June.

If a person cannot attend their local Garda station, their application may be witnessed by an official of the local authority. If because of a physical illness or disability a person cannot attend either their local Garda station or their local authority, their application form can be accompanied by a medical certificate.

Water and Sewerage Schemes.

Dan Neville

Ceist:

787 Mr. Neville asked the Minister for the Environment, Heritage and Local Government when the Shanagolden/Foynes Sewerage scheme will be completed. [11332/04]

The Shanagolden/Foynes sewerage scheme is included in my Department's Water Services Investment Programme 2003-2005 to commence construction in 2005. My Department is awaiting the submission by Limerick County Council of the preliminary report in this regard and a number of other schemes being advanced as a grouped project.

Road Network.

Bernard J. Durkan

Ceist:

788 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government the position in relation to the road and bridge realignment at Bond Bridge, Maynooth, County Kildare; and if he will make a statement on the matter. [11333/04]

The improvement and realignment of non-national roads and bridges in County Kildare is a matter for Kildare County Council to be funded from its own resources supplemented by State grants.

In 2003, my Department sought applications from road authorities for funding under the 2004 EU co-financed specific improvements grant scheme. Kildare County Council submitted a number of applications but these did not include an application for funding for Bond Bridge. It will be open to Kildare County Council to prioritise this project for funding under the EU co-financed scheme in 2005, when applications are sought by my Department, later this year.

Social and Affordable Housing.

Richard Bruton

Ceist:

789 Mr. R. Bruton asked the Minister for the Environment, Heritage and Local Government his plans to change the income limits for affordable housing and shared ownership in the near future; and if he will make a statement on the matter. [11375/04]

My Department is currently examining the terms of the income and loan limits for the shared ownership and the 1999 affordable housing schemes, taking into account the movement in house prices, the effectiveness of various schemes in meeting the needs of the relevant target group and the availability of mortgage finance in the private sector.

Election Management System.

Trevor Sargent

Ceist:

790 Mr. Sargent asked the Minister for the Environment, Heritage and Local Government if he will rescind the Ministerial Order which transferred part of County Laois to County Carlow for electoral purposes only resulting in hundreds of voters being disenfranchised here which provides their services. [11399/04]

There is no provision to rescind by way of ministerial order the electoral alterations referred to which were made in 1994 following the agreement of the local authorities concerned. However, it is open to them at any time to make an agreement as to responsibility for the delivery of services in the relevant area. I would also refer to the reply to Question No. 133 of 4 March 2004.

Local Authority Funding.

Batt O'Keeffe

Ceist:

791 Mr. B. O’Keeffe asked the Minister for the Environment, Heritage and Local Government the details of individual grants or recoupment awarded to local authorities for the financial year ended 31 December 2002. [11400/04]

Batt O'Keeffe

Ceist:

792 Mr. B. O’Keeffe asked the Minister for the Environment, Heritage and Local Government the details of individual grants or recoupment awarded to local authorities for the financial year ended 31 December 2003. [11401/04]

I propose to take Questions Nos. 791 and 792 together.

Information on funding provided to local authorities in respect of the main programmes for which my Department is responsible at central level is set out in the following table:

2002

2003

2002

2003

2002

2003

2002

2003

Local Government Fund

Local Government Fund

Water Services

Water Services

Non-National Roads

Non-National Roads

Local Authoity and Social Housing*

Local Authoity and Social Housing*

€000

€000

€000

€000

€000

€000

€000

€000

County Councils

Carlow

7,727

8,550

3,507

4,166

4,053

4,930

2,725

4,209

Cavan

11,704

12,763

8,875

9,213

15,727

16,090

12,905

13,723

Clare

9,525

11,389

10,111

6,747

16,258

16,819

10,768

10,166

Cork

36,504

40,886

5,047

11,857

36,930

37,548

35,829

33,710

Donegal

24,198

27,502

15,539

11,423

27,005

27,492

24,446

19,415

Dun Laoire/Rathdown

27,890

29,105

4,020

3,807

13,867

7,600

24,606

18,065

Fingal

23,068

24,055

16,115

24,163

5,070

8,906

22,773

27,404

Galway

23,788

26,309

14,436

14,591

23,833

23,559

9,857

9,701

Kerry

17,025

18,851

10,871

8,916

17,734

18,369

11,387

13,226

Kildare

15,303

16,542

8,640

26,369

23,340

11,834

22,328

8,761

Kilkenny

12,673

13,853

4,476

2,547

10,748

10,485

2,503

5,879

Laois

11,363

12,346

3,676

5,377

7,912

7,833

13,990

18,868

Leitrim

9,499

10,487

7,157

10,303

9,959

10,772

4,798

6,239

Limerick

16,467

18,548

14,365

8,122

14,281

16,203

20,513

11,434

Longford

8,638

9,674

3,345

1,943

7,082

6,730

9,508

10,892

Louth

8,287

9,464

2,400

3,713

6,213

5,291

7,208

7,220

Mayo

22,137

25,330

51,406

43,489

21,283

22,356

9,669

3,640

Meath

17,716

18,533

15,351

17,534

20,786

16,440

29,927

17,390

Monaghan

9,441

10,492

3,707

9,034

13,779

14,856

5,371

6,387

North Tipperary

11,774

12,743

7,365

7,438

9,002

9,328

8,453

8,908

Offaly

9,398

10,371

3,891

4,856

7,600

7,439

7,780

8,998

Roscommon

15,188

15,832

3,564

4,766

12,957

13,101

7,713

9,293

Sligo

11,294

12,051

921

11,949

9,696

10,436

30,027

36,809

Sth Dublin

18,652

15,730

3,088

4,696

7,109

17,104

8,929

7,350

South Tipperary

14,282

19,498

5,797

6,808

9,680

10,080

7,962

7,358

Waterford

13,320

15,343

2,230

6,705

9,999

9,460

9,790

4,318

Westmeath

12,429

14,592

3,437

13,094

6,856

7,292

9,381

14,846

Wexford

13,296

15,022

12,783

5,991

12,240

12,592

11,190

12,024

Wicklow

12,296

13,955

1,047

1,515

9,173

9,890

10,404

14,977

City Councils

Cork

17,805

18,326

61,797

43,802

5,206

6,238

42,751

38,091

Dublin

57,705

73,386

68,022

35,104

11,382

11,253

209,319

215,491

Galway

6,421

6,778

21,875

6,824

3,094

2,744

32,488

13,095

Limerick

7,619

8,498

63,372

37,714

3,260

2,329

12,488

6,721

Waterford

5,406

6,106

6,047

1,452

2,520

3,457

23,227

7,515

Borough Councils

Clonmel

2,270

2,422

786

1,086

490

503

719

2,117

Drogheda

3,750

3,603

0

1,953

549

568

5,500

6,720

Kilkenny

1,378

1,443

0

0

508

512

1,121

2,274

Sligo

2,299

2,401

6,875

2,153

1,618

1,150

8,594

8,144

Wexford

1,563

1,823

7,883

13,806

488

490

5,710

2,552

Town Councils

Arklow

1,112

1,166

0

0

240

240

615

1,830

Athlone

1,383

1,448

807

440

488

488

1,543

1,610

Athy

426

504

0

0

240

240

849

1,155

Ballina

954

1,117

0

0

240

240

486

4,970

Ballinasloe

622

657

0

0

240

240

741

675

Birr

490

578

30

0

240

240

5,626

1,849

Bray

3,301

3,474

0

0

522

521

11,804

3,092

Buncrana

657

693

0

0

240

240

3,360

1,952

Bundoran

434

461

0

0

169

169

1,566

305

Carlow

1,354

1,418

618

0

240

240

7,508

6,704

Carrickmacross

360

421

0

0

169

169

225

293

Carrick-on-Suir

764

806

0

0

240

240

1,403

661

Cashel

460

488

0

0

169

169

0

0

Castlebar

776

817

0

0

540

340

0

0

Castleblayney

285

341

0

0

169

169

0

73

Cavan

599

633

0

0

240

240

4,467

3,135

Clonakilty

444

472

30

0

169

169

1,640

479

Clones

367

392

982

809

167

169

201

0

Cobh

919

965

0

332

208

186

4,362

1,123

Dundalk

4173

4139

128

3,076

522

522

5,367

1,766

Dungarvan

766

806

0

0

240

240

7,928

3,563

Ennis

1657

1932

851

542

488

488

4,923

3,204

Enniscorthy

908

966

0

543

240

240

2,097

6,507

Fermoy

569

628

214

158

240

240

1,258

64

Kells

322

375

0

0

169

169

0

0

Killarney

1221

1329

0

0

390

240

4,328

2,422

Kilrush

408

456

0

0

169

169

771

1,487

Kinsale

294

316

0

0

169

169

820

479

Letterkenny

859

903

0

0

415

240

8,873

833

Listowel

560

593

0

0

233

189

636

282

Longford

919

966

0

61

240

240

2,413

1,459

Macroom

372

442

0

0

169

169

2,485

848

Mallow

695

816

0

0

240

240

793

252

Midleton

364

389

0

0

240

240

429

0

Monaghan

880

919

835

1,966

240

240

2,004

2,081

Naas

826

969

0

0

240

240

3,041

3,526

Navan

405

431

0

0

240

240

0

0

Nenagh

802

871

928

2,628

240

240

1,330

2,707

New Ross

662

698

0

0

194

240

1,121

3,745

Skibbereen

319

342

131

0

169

169

2,026

410

Templemore

397

439

254

478

169

169

405

0

Thurles

717

755

0

0

240

240

2,091

4,771

Tipperary

590

624

0

0

240

240

1,802

1,161

Tralee

2483

2592

0

100

755

775

2,597

3,330

Trim

404

430

0

0

240

240

0

0

Tullamore

965

1040

485

0

240

240

3,785

2,208

Westport

635

671

0

0

240

240

0

104

Wicklow

1181

1258

0

0

240

240

1,028

4,712

Youghal

855

899

652

55

240

240

1,500

780

*Figures shown are the Exchequer outturns for the housing construction and remedial works programmes including sites, extensions and the improvements in lieu scheme. The figure for Dublin Corporation also includes payments in respect of the Ballymun Regeneration and the Inner City Flat programme.

Charlie O'Connor

Ceist:

793 Mr. O’Connor asked the Minister for the Environment, Heritage and Local Government the plans by his Department to fund further council housing refurbishment programmes in Tallaght, Dublin 24; and if he will make a statement on the matter. [11415/04]

My Department approved South Dublin County Council's proposals in July, 2003 for the refurbishment of 100 houses at Cushlawn Park, 100 houses at Shancastle and Greenfort Estates and 113 houses at Moorefield Estate under my its remedial works scheme at an estimated cost of €8.6 million.

While there are no further proposals in my Department from the council it is expected that further phases of refurbishment works will be proposed when this first phase is completed.

Election Management System.

Trevor Sargent

Ceist:

794 Mr. Sargent asked the Minister for the Environment, Heritage and Local Government the formulae or criteria used to decide the number of electronic voting machines to assign to each polling station; the number of voting machines used per voter in the constituencies in which they were used in the General Election 2002; and the number of voting machines expected to be used per voter on the 11 June 2004 polling day. [11471/04]

David Stanton

Ceist:

824 Mr. Stanton asked the Minister for the Environment, Heritage and Local Government the number of electronic voting machines being made available to each county and city council area; the number of backup machines also being made available in the event of a breakdown or malfunction of the voting machines; and if he will make a statement on the matter. [11873/04]

Denis Naughten

Ceist:

827 Mr. Naughten asked the Minister for the Environment, Heritage and Local Government further to Parliamentary Question No. 544 of 16 December 2003 the exact number of electronic voting machines to be used in each count centre; the procedure for a local authority to make a polling scheme; and if he will make a statement on the matter. [11966/04]

I propose to take Questions Nos. 794, 824 and 827 together.

It is a matter for each returning officer to assign voting machines to polling stations having regard to the number of electors assigned to each station. The number of voting machines acquired by the returning officers in the three constituencies at the general election was 600 for the electorate of 231,734. The total number of voting machines acquired or being acquired by returning officers in preparation for the June 2004 elections is 7,315 for an electorate of 2,983,178. A breakdown per returning officer is set out in the following table. It is estimated that between 5% and 10% of machines will be available as spare machines.

The procedure for making a polling scheme is set out in Part IV of the Electoral Act 1992 and the Electoral (Polling Schemes) Regulations 1964.

Table

Dáil Constituency *

Number of Voting Machines

Carlow/Kilkenny

250

Cavan/Monaghan

288

Clare

200

Cork County (3)

425

Cork City (2)

410

Donegal North-East/South West

295

Dublin City (6)

777

Dublin County (6)

775

Galway East/West

310

Kerry North/South

310

Kildare North/South

275

Laois/Offaly

220

Limerick East/West

335

Longford/Roscommon

232

Louth

180

Mayo

275

Meath

265

Sligo/Leitrim

230

Tipperary North/South

408

Waterford

195

Westmeath

175

Wexford

240

Wicklow

245

Total

7,315

*Voting machines are acquired by Dáil Returning Officers who also act as Returning Officers at other elections and referendums.

Trevor Sargent

Ceist:

795 Mr. Sargent asked the Minister for the Environment, Heritage and Local Government if the electronic voting machines which have five columns of 18 buttons will be useable on 11 June 2004 in a town council area, in which four columns will be required for three elections and a referendum, if two of the elections have more than 18 candidates and therefore require extra columns; and if his attention has been drawn to the fact that in the 1999 local elections in Clonmel there were 17 candidates for the county council election and 23 candidates for the borough council election, indicating that the scenario is not unlikely. [11472/04]

In designing the layout of the voting machine, my Department considered the statistics for recent elections and concluded that the scenario suggested is unlikely to occur on a widespread basis and that sufficient spare voting machines are available to cope with such a situation, if it does occur.

Planning Issues.

Arthur Morgan

Ceist:

796 Mr. Morgan asked the Minister for the Environment, Heritage and Local Government the way in which the new planning guidelines issued by his Department will impact on existing county development plans; the instruction which has been given to local authorities in respect of implementing the new guidelines on rural housing; and if he will make a statement on the matter. [11473/04]

In accordance with normal practice, the guidelines for planning authorities on sustainable rural housing have been issued in draft form to give all those interested an opportunity to comment before they are finalised in statutory form. I intend to carefully consider any suggestions for clarifying or improving the guidelines before they are finalised; comments are to be submitted to my Department by 30 April.

In view of the importance of the rural housing issue and the fact that there has already been extensive opportunity for public debate, and following earlier precedent, I have requested planning authorities and An Bord Pleanála to have regard to the guidelines with effect from the date of their publication. The guidelines are a material consideration in terms of development plans and in the consideration of planning applications. Planning authorities are required to review and vary their development plans, where necessary, to ensure that their policies on rural settlement are consistent with the policies set out in the guidelines.

Special Areas of Conservation.

Denis Naughten

Ceist:

797 Mr. Naughten asked the Minister for the Environment, Heritage and Local Government further to Parliamentary Question No. 413 of 9 March 2004, the progress to date on the matter; the date and agenda of the last meeting; when he intends to hold a further meeting; and if he will make a statement on the matter. [11497/04]

Outstanding issues in regard to the Shannon Callows are being addressed within the wider discussions under Sustaining Progress on the review of the 1997 habitats regulations. I met the farming organisations in that context on 31 March and officials of my Department and of the Department of Agriculture and Food had a further meeting with them on 19 April. A further meeting at official level has been arranged for 11 May with a view to finalising agreement on relevant matters, including Shannon Callows, to the satisfaction of all concerned.

National Climate Change Strategy.

Trevor Sargent

Ceist:

798 Mr. Sargent asked the Minister for the Environment, Heritage and Local Government when the review of the National Climate Change Strategy is expected to be published. [11502/04]

The national climate change strategy review process incorporates an update of greenhouse gas emissions projections, together with a particular emphasis on cross-cutting economic instruments to achieve Ireland's Kyoto target. These include, taxation and emissions trading and other flexible mechanisms which have been and are being developed at national/EU/international level since the national strategy was formulated.

In this context, the Government is ensuring that Ireland is prepared to participate fully in the pilot phase of EU emissions trading scheme 2005-07. In this regard, on 31 March 2004 the Environmental Protection Agency submitted the national allocation plan, NAP, to the European Commission for approval prior to the issue of allowances to the participants in emissions trading. The installations included in emissions trading represent approximately one third of Irish greenhouse gas emissions.

The study underpinning the development of the NAP identified the overall national distance to target in the Kyoto period 2008-2012 at 9.2 million tonnes CO2 equivalent, MtCO2e, per annum. Reductions below the base case scenario of 4.3 MtCO2e are implicit in the indicative allocation announced for the emissions trading sector for this period, leaving reductions of 4.9 MtCO2e to be achieved within the rest of the economy. I am satisfied that 1.2 MtCO2e can be achieved within the sector of the economy outside emissions trading at or below the expected market price of €10 per tonne of CO2, and Government has given an indication of intent to purchase 3.7 million allowances on the international market for that part of the economy, with the possibility for the purchases to be funded from the CO2 tax to be explored in the consideration of this tax.

I am now advancing the review of the overall national climate change strategy to take account of the foregoing decisions and progress in relation to emissions trading. I intend to publish the outcome in due course. I am satisfied that full implementation of the revised strategy over the remainder of the decade, in the context of the arrangements for emissions trading together with any additional measures which may be identified in the review, will ensure that our Kyoto obligations will be fully met by the 2008-12 period.

Race Against Waste Website.

Arthur Morgan

Ceist:

799 Mr. Morgan asked the Minister for the Environment, Heritage and Local Government the number of persons who have logged on to the Government’s Race Against Waste website since its launch; and if he will make a statement on the matter. [11533/04]

There have been 57,274 hits to the race against waste website since its launch.

Local Authority Funding.

Michael Ring

Ceist:

800 Mr. Ring asked the Minister for the Environment, Heritage and Local Government if his Department has given funding to Mayo County Council for the erection of protective barriers on Dooncarton Mountain in north Mayo to prevent landslides such as those of September 2003. [11554/04]

Michael Ring

Ceist:

801 Mr. Ring asked the Minister for the Environment, Heritage and Local Government if, in relation to the erection of protective barriers on Dooncarton Mountain in north Mayo to prevent a recurrence of landslides such as those of September 2003, his Department provided funding for same; and if he will make a statement on the matter. [11555/04]

Michael Ring

Ceist:

833 Mr. Ring asked the Minister for the Environment, Heritage and Local Government the list of works that was submitted by MCC following the Dooncarton/Pullathomas landslides of 2003, in relation to Mayo County Council’s submission for funding; the costings for all the works that have been completed by Mayo County Council to date; and the funding that has been provided for each individual part of the works in the project. [12001/04]

I propose to take Questions Nos. 800, 801 and 833 together.

On 12 November 2003, Mayo County Council submitted a report to my Department on the landslides in north Mayo on 19 September 2003 and its proposals for restoration and further protection work deemed to be required to return the area to normal living conditions. These proposals comprised: (1) Repairs to Infrastructure, including roads, bridges, culverts and water mains and restoration of the graveyards: the estimated cost of these work, which includes a provision for increasing the capacity of culverts as recommended in the report, is €2,835,500; (2) further protection works required to manage the risk and allow the redesignation of areas currently graded as high to either low or medium risk. Total estimated cost is €2,224,664 which includes €1,539,075 as the estimated cost of constructing specialised kinetic barriers; and, (3) humanitarian aid-assistance for private property damage.

As regards (1) above, the council's estimated cost of repairing public roads and bridges in north Mayo as a result of the landslide was €2,030,500. A grant of €571,000 was paid by my Department to the council in 2003 for immediate remedial works and I have allocated a further special grant of €1,459,500 for the improvement, repair and protection of roads and bridges in the area affected by the landslide to the council in 2004. My Department understands from the council that the cost of works carried out to date under these allocations is €811,175. An extract from an inventory of infrastructural rehabilitation works required, which was part of the report on the landslide submitted on 12 November 2003, is set out in the table below.

The report also advised that Mayo County Council had incurred expenditure of €25,000 in carrying out repairs to some water supply schemes. This expenditure was taken into account in my Department's 2004 rural water programme block grant allocation of €8 million to the council, an increase of more than 63% on the 2003 outturn sum of €4.9 million. I understand that a contribution towards the restoration in the graveyard area will be provided by the Department of Community, Rural and Gaeltacht Affairs.

As regards (2) above, the local government fund general purpose grant to Mayo County Council for 2004 amounted to €29,752,341. This represents an increase of 17.5% over the corresponding grant for 2003 which, having regard to present constraints on public expenditure, reflects a demonstrable concern to address the current special requirements of Mayo County Council, including in particular the landslide in the north Mayo area. I have notified the council that the significantly increased 2004 grant may be used to contribute to the carrying out of such works as it considers necessary to prevent a recurrence of the landslide and it is now a matter for the council to determine the appropriate allocation for such works.

As regards (3) above, a scheme for humanitarian aid administered through the Office of Public Works with aid distributed by the Irish Red Cross Society has been put in place. In addition, my Department, is continuing to recoup Mayo County Council 90% of the cost of providing emergency accommodation to households affected by the 2003 landslide. To date, an amount of €7,713 has been recouped and a further recoupment of €13,076 will be made shortly.

Extract from an Inventory of Infrastructural Rehabilitation works required following the North Mayo Landslide on 19 September 2003.

Description

Estimated Cost

Bridge at Gortmellia

32,000

Gortmellia Road

7,500

Bridge at Inver

60,000

Bridge at Gortbrack

150,000

Small Culvert at Gortbrack North

20,000

Bridge at Graghil

34,000

Bridge at Graghil North (beside Carolan’s)

33,000

Sean Bhaile

19,000

Culvert at Promontory Forts

25,000

Bridge Culvert at Dooncarton

75,000

Upper Glengad Road

200,000

Bridge/Culvert at Barnacuille

50,000

Bridge/Culvert at Barnacuille (beside J.J. Barrett’s)

25,000

Bridge/Culvert at Barnacuille (beside P. Meenaghan’s)

25,000

Bridge/Culvert at Barnacuille just north of graveyard

25,000

Bridge at Pullathomas

400,000

Cornhill Road and Bridge

150,000

L1202 Road from Dooncarton to Pullathomas

550,000

Pier Road

50,000

Pullathomas to Ballinboy Road

100,000

2,030,500

Water and Sewerage Schemes.

Phil Hogan

Ceist:

802 Mr. Hogan asked the Minister for the Environment, Heritage and Local Government when construction will commence on the new sewerage scheme at Kilmacow, County Kilkenny; and if he will make a statement on the matter. [11565/04]

The Kilmacow sewerage scheme has been approved for funding under the rural towns and villages initiative of my Department's Water Services Investment Programme 2003-2005. My Department is awaiting the submission of tender documents by Kilkenny County Council for approval.

Register of Electors.

John Bruton

Ceist:

803 Mr. J. Bruton asked the Minister for the Environment, Heritage and Local Government if he will take steps to have the electoral register included on the website of each local authority; and if there are technological or legal obstacles in the way of doing this. [11566/04]

The local government computer services board is currently examining the development of an internet inquiry facility for the register of electors in conjunction with my Department, the Office of the Data Protection Commissioner and representatives of a number of registration authorities. It is hoped to have a working model available for release to registration authorities shortly.

Local Authority Funding.

Michael Ring

Ceist:

804 Mr. Ring asked the Minister for the Environment, Heritage and Local Government if there are proposals to change the rates at which persons who have borrowed from county councils are repaying their loans, in view of the fact that interest rates have fallen quite low in the past years. [11584/04]

The current local authority mortgage interest rates are 2.95% variable and 4.45% for a five year fixed, which represent competitive rates of lending. Certain fixed interest rate loans issued by local authorities prior to 1988 carry rates in excess of current levels. These fixed interest rates reflect the cost of the long-term funds involved.

Since 1980, borrowers with local authority fixed rate mortgages have been permitted to redeem such loans without any interest rate penalty and refinance them in the private sector. This represents a significant concession, having regard to the redemption penalties of up to six months interest or more, applied by commercial lending agencies in the event of early redemption of such mortgages.

The position regarding high fixed interest rates on local authority loans was reviewed in November 2001, in consultation with the Department of Finance. This review determined that a State subsidy to reduce interest rates would not be appropriate.

Waste Management.

Trevor Sargent

Ceist:

805 Mr. Sargent asked the Minister for the Environment, Heritage and Local Government if waste management policy commitments (details supplied) included in the Government’s waste policy document, Preventing and Recycling Waste — Delivering Change, of 2002 have been implemented; and in the case of policy commitments which have not been implemented, the reason therefor. [11626/04]

The establishment of a separate national waste management board has been deferred, as I consider that current requirements will be better served by direct political leadership of the process of implementing nationwide all regional and local waste management plans. I have made clear, since assuming office as Minister for the Environment, Heritage and Local Government, my determination to provide this leadership in a clear and proactive way.

The position in relation to the other commitments contained in my Department's policy document delivering change published in March 2002, is as follows: first, the proposed national waste prevention programme aimed at delivering substantial results on waste prevention and minimisation across all waste streams was launched earlier this month. The programme is being led by a core prevention team within the EPA in consultation with other stakeholders. Funding of €2 million from the environment fund is being provided for the programme in 2004. Second, a market development group, aimed at the development of new applications and markets for reclaimed recyclable material was launched earlier this month. The work of this group will be of crucial importance in the development of a sustainable recycling sector and if the overall recycling effort is to be successful. Enterprise Ireland is providing the necessary administrative supports and I have allocated an initial €1 million from the environment fund to support the group's activities. Third, it is intended to establish the proposed recycling consultative forum later this year to act as a consultative and advisory body on all aspects of recycling and also to identify actions not yet being undertaken that have the potential to further stimulate and encourage recycling. Fourth, an enhanced producer responsibility function has been established within the EPA and will complement the work of the core prevention team.

Enforcement of producer responsibility initiatives will be intensified under the new office of environmental enforcement. Under the enhanced brief the EPA will be responsible for the identification of suitable waste streams-materials for future producer responsibility initiatives. Fifth, a draft national strategy for biodegradable waste setting out a range of integrated measures aimed at significantly increasing the recycling of biodegradable municipal waste has also been published and is now the subject of public consultation. Sixth, in relation to the development of a public service waste management programme, my Department has already issued a green Government guide to other Departments. It is intended that a broader public sector waste management programme will be developed as a priority in the next phase of waste awareness and communications activities to be initiated after the current phase of the race against waste campaign concludes in the summer of 2004.

Planning Issues.

Finian McGrath

Ceist:

806 Mr. F. McGrath asked the Minister for the Environment, Heritage and Local Government if planners of Dublin City Council and An Bord Pleanála will adhere to 3.3.1, page 11, of the residential density guidelines for planning authorities published by his Department; and if he will make a statement on the matter. [11627/04]

Section 3.3.1. of the guidelines for planning authorities on residential density deals with the subject of infill residential development. The guidelines indicate that in residential areas whose character is established by their density or architectural form a balance has to be struck between the reasonable protection of the amenities and privacy of adjoining dwellings, the protection of established character and the need to provide residential infill.

The guidelines state that the design approach in such cases should be based on a recognition of the need to protect the amenities of directly adjoining neighbours and the general character of the area and its amenities, i.e. views, architectural quality, civic design, etc. However, subject to reasonable conformity with these, developments on infill sites, particularly those in excess of 0.5 hectares, 1.2 acres, should be capable of proposing their own density and character.

The guidelines in question were issued in September 1999 in accordance with section 28 of the Planning and Development Act 2000. All planning authorities and An Bord Pleanála must have regard to the provisions of such section 28 guidelines in exercising their planning functions.

Road Network.

Denis Naughten

Ceist:

807 Mr. Naughten asked the Minister for the Environment, Heritage and Local Government if he will amend the regulations governing funding for county roads to allow local authorities to use such funds to widen existing roads and compulsory purchase order lands where necessary; and if he will make a statement on the matter. [11628/04]

My Department provides grants to local authorities for various works on non-national roads. Works consisting of the widening of existing roads or the construction of new roads including the acquisition of any necessary lands, whether compulsorily or by agreement are eligible to be funded from discretionary improvement grants and grants provided under the EU co-financed grants scheme.

Restoration improvement grants, however, are provided specifically to meet expenditure on surface restoration and road reconstruction within existing fencelines. I have no proposals to amend the criteria for these schemes.

Animal Welfare.

Richard Bruton

Ceist:

808 Mr. R. Bruton asked the Minister for the Environment, Heritage and Local Government if he has plans to tighten up animal welfare laws in view of the recent serious cases of abuse revealed by a television programme (details supplied) and by the ISPCA; and the protections under existing law with regard to deer hunting, dog farming and fur farming. [11631/04]

The principal statutes governing cruelty to animals are the Protection of Animals Acts 1911 and 1965. Responsibility for that legislation is a matter for my colleague the Minister for Agriculture and Food.

In so far as dog controls are concerned, my Department is currently engaged in discussions with relevant interests regarding the proper management of kennels in regard to the provisions of the Control of Dogs Acts 1986 and 1992. These discussions are continuing and are intended to inform my Department whether, or to what extent, revised legislation or regulatory or administrative measures are desirable in this area.

In this regard, it should be noted that the main focus of the Control of Dogs Acts is not animal welfare but the control of stray dogs and dangerous dogs, such as guard dogs, which could present nuisance or danger to the general public or to other animals. As regards deer hunting, under section 29(1) of the Wildlife Act 1976, as amended, my Department issues licences to hunt deer during an open season. My Department also issues an annual licence to the Ward Union Hunt Club, under section 26(1)(ii) of the Wildlife Act 1976, as amended, to hunt deer with a pack of stag hounds, subject to various conditions. In 1999 the Ward Union Hunt Club developed and adopted a code of conduct for their hunt to address welfare concerns.

The Ward Union Hunt Club is monitored by conservation rangers from my Department and a veterinary inspector from the Department of Agriculture and Food. Prior to the issue of the annual licence written reports from supervisory staff are examined to establish that the club has complied with the hunting code of practice and that the hunt is conducted in accordance with the conditions of the licence. My Department has no function in relation to fur farming.

Water and Sewerage Schemes.

Jim O'Keeffe

Ceist:

809 Mr. J. O’Keeffe asked the Minister for the Environment, Heritage and Local Government the position in relation to approval and funding for the upgrading of the Bandon sewerage scheme; and when work will commence. [11664/04]

The Bandon sewerage scheme, Stage II, has been approved for construction under my Department's Water Services Investment Programme 2003-2005 at an estimated cost of €13.7 million.

My Department is awaiting information from Cork County Council on the council's proposals for funding those elements of the scheme, mainly flood alleviation works, that are outside the scope of the water services investment programme. On receipt of the information requested, early consideration will be given by my Department to the council's preliminary report and water pricing report for the scheme.

Fire Service.

Arthur Morgan

Ceist:

810 Mr. Morgan asked the Minister for the Environment, Heritage and Local Government the age at which part-time fire officers are required to retire; the length this age limit has been in place; if a change to the current retirement age is planned in the near future; if a review is planned; and if he will make a statement on the matter. [11665/04]

Arthur Morgan

Ceist:

811 Mr. Morgan asked the Minister for the Environment, Heritage and Local Government the rate of redundancy which will be paid in respect of part-time and full-time fire officers; if such rates are agreed centrally or subject to local negotiations; if there is Government policy in place in relation to this issue; and if he will make a statement on the matter. [11666/04]

I propose to take Questions Nos. 810 and 811 together.

Since 1985, the retirement age for retained fire fighters has been set at 55. However, following a review in 2003, fire-fighters now have an option to continue working up to age 58, provided they pass an annual occupational health test.

Under an improved retirement gratuity scheme introduced with effect from April 2001, retained fire fighters are paid on retirement a gratuity of 1/8th of their inclusive annual retainer for each year of service subject to a maximum gratuity of four times the inclusive annual retainer.

In the case of full-time fire service personnel, superannuation entitlements are calculated in accordance with the provisions of the Local Government (Superannuation) Consolidation Scheme 1998.

Question No. 812 answered with QuestionNo. 784.

National Parks

Enda Kenny

Ceist:

813 Mr. Kenny asked the Minister for the Environment, Heritage and Local Government when the outstanding long term temporary staff (details supplied) at Glenveagh National Park will be given permanent status; and if he will make a statement on the matter. [11669/04]

The national parks and wildlife service of my Department has been operating a programme of consolidating temporary and seasonal employment into full-time and permanent employment where practicable, having regard to the operational requirements of the national park in Glenveagh. This programme is being implemented in full consultation and agreement with the relevant trade union.

As part of this process, the position of the staff referred to in the question will be reviewed by the end of this year.

Enda Kenny

Ceist:

814 Mr. Kenny asked the Minister for the Environment, Heritage and Local Government the reason certain seasonal contracts of employees (details supplied) are not being renewed at Glenveagh National Park in 2004; and if he will make a statement on the matter. [11670/04]

I refer to the reply to Question No. 478 of 30 March 2004.

Following the review referred to in that reply, a requirement has now been identified for four additional seasonal staff in Glenveagh National Park between the tea-room and guide service. Arrangements are now being put in place to fill these positions. In addition, provision is being made for a fifth additional seasonal member of staff for the peak period.

Question No. 815 answered with QuestionNo. 772.

Fire Stations.

Michael Ring

Ceist:

816 Mr. Ring asked the Minister for the Environment, Heritage and Local Government when funding will be made available for the construction of a fire brigade station in County Mayo. [11684/04]

In August of last year, I announced details of the fire services capital programme which included provision for the construction of a new replacement fire station at Westport.

Mayo County Council's proposal to advance the project is currently under examination in my Department and a decision will issue shortly. Funding for the project is provided for within the fire service capital programme with €445,700 recouped to the council to date in respect of expenditure already incurred in respect of the site and fees.

Housing Grants.

Breeda Moynihan-Cronin

Ceist:

817 Ms B. Moynihan-Cronin asked the Minister for the Environment, Heritage and Local Government the number of persons awaiting payment of the first-time buyers grant on a county by county basis; if he will consider extending the deadline for the last remaining claims; the estimated number of applicants who are expected to lose out on the grant if the deadline is not extended; and if he will make a statement on the matter. [11685/04]

The information requested, in relation to the number of applications for payment of the first time purchasers new house grant at present being processed in my Department, is set out in the following table:

County

Total

Carlow

5

Cavan

13

Clare

25

Cork

466

Donegal

22

Dublin

556

Galway

160

Kerry

31

Kildare

37

Kilkenny

15

Laois

12

Leitrim

9

Limerick

32

Longford

47

Louth

15

Mayo

51

Meath

38

Monaghan

8

Offaly

14

Roscommon

20

Sligo

15

Tipperary

34

Waterford

81

Westmeath

23

Wexford

29

Wicklow

50

Total

1,808

The final deadline for occupation and receipt of claim for payment of the new house grant was 2 April 2004. This was adopted to achieve closure of the scheme, to allow re-prioritisation of this budget provision to other social and affordable housing programmes and to prevent speculative applications on houses that might not be built for years to come. In the circumstances it is not possible to extend the closing date and no exception can be made for applicants who did not comply with the deadline.

A number of applicants did not qualify for payment of the grant due to non-compliance with various scheme conditions and therefore it is not possible to quantify the number ineligible due to failure to meet the deadline of 2 April 2004.

Question No. 818 answered with QuestionNo. 784.

Grant Payments.

Paul McGrath

Ceist:

819 Mr. P. McGrath asked the Minister for the Environment, Heritage and Local Government the allocation to Westmeath County Council for 2004 under the local improvement scheme; and if he will compare this figure to the corresponding allocation for each of the past five years. [11782/04]

The allocation for 2004 and payments for each of the years 1999 to 2003 to Westmeath County Council under the local improvement scheme, LIS, are set out in the following table:

Year

LIS Payments

1999

86,850

2000

78,851

2001

82,308

2002

112,835

2003

112,835

2004

123,859 (allocation)

Local Authority Housing.

Enda Kenny

Ceist:

820 Mr. Kenny asked the Minister for the Environment, Heritage and Local Government the plans being proposed to insulate cavity walls in existing local authority houses which were not previously insulated throughout the country; and if he will make a statement on the matter. [11790/04]

My Department financially assists local authorities in upgrading, renovating and redeveloping their housing stock through the remedial works scheme and funding for regeneration and redevelopment projects. Where an extensive programme of refurbishment works is carried out, measures are taken to improve thermal insulation.

Since 1976 all new local authority housing has been built with wall cavity, attic and floor insulation in accordance with the prevailing requirements of the building regulations. My Department has no proposals for a special scheme to provide for insulation in cavity walls without insulation in existing local authority houses.

Grant Payments.

Seymour Crawford

Ceist:

821 Mr. Crawford asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the regulations from his Department regarding the local improvement scheme (details supplied); his views on whether the situation creates problems for elderly persons who need medical and other attention being discriminated against and maybe even being forced to move into expensive local authority houses away from their family and local environments; and if he will make a statement on the matter. [11791/04]

Section 81 of the Local Government Act 2001 provides the statutory basis for the local improvements scheme and my Department's local improvements scheme memorandum, which issued in February 2002, sets out the current terms and conditions for the payment of local improvements scheme grants. Under the scheme grants are provided to county councils for the construction and improvement of non-public roads which provide access to parcels of land of which at least two are owned or occupied by different persons engaged in separate agricultural activities, or provide access for harvesting purposes for two or more persons, or which will in the opinion of the county council be used by the public.

The memorandum also stated that regard should be had to the need to consider special circumstances in some cases, such as hardship or elderly or disabled occupants. My Department's circular letter RW 10/2003 of 4 March 2003 reminded county councils that when assessing applications, discretion could be exercised in cases where special circumstances involving hardship, or elderly or disabled occupants exist.

The administration of the scheme is a matter for the relevant county council. Each county council has responsibility for decisions regarding eligibility and subsequent selection and prioritisation of schemes, subject to the terms of the Department's memorandum and circulars.

Fire Service.

Jerry Cowley

Ceist:

822 Dr. Cowley asked the Minister for the Environment, Heritage and Local Government when Clare Island Community Co-op Ltd, Clare Island, County Mayo, can expect a reply to a letter (details supplied) sent to him in January 2004 in relation to receiving grant aid to enable it to install a fire fighting system on the island; when a decision will be made regarding this matter in view of the fact that it is of an urgent nature; and if he will make a statement on the matter. [11792/04]

As the provision of fire cover is statutory duty of the local fire authority, in this instance Mayo County Council, my Department has been in correspondence with Mayo County Council regarding the concerns raised by Clare Island Community Co-op Limited and a reply has now issued to the Co-op. I understand that Mayo County Council, in partnership with the community on Clare Island, implemented a community fire prevention, protection and intervention scheme with appropriate training to householders in recent years and that the council is again examining its arrangements on Clare Island in the light of community concerns.

The community fire protection scheme implemented on Clare Island by the council is in line with fire safety strategy adopted by other coastal fire authorities for offshore islands, in consultation with my Department.

The scheme was recently assisted with funding from the Minister for Community, Rural and Gaeltacht Affairs, who provided 50% of the cost of supplying and installing fire protection equipment on such islands with the local fire authorities making up the balance. My Department supports the local authority fire service through capital funding towards the provision of priority fire stations, fire appliances and equipment etc. In the period 1998-2004, Mayo County Council received approval to purchase seven new fire appliances at a total cost of about €1.7 million and these appliances are being grant-aided in full by my Department.

As a matter of policy, this capital funding is targeted at projects and proposals in significant population centres. In keeping with the emerging concept of community fire safety, my Department does not envisage supporting the development of fire brigades in smaller isolated communities as practical or feasible. Rather the approach is to encourage and develop the type of community-based initiatives already undertaken by the fire authorities to protect people living on offshore islands.

Waste Management.

Cecilia Keaveney

Ceist:

823 Cecilia Keaveney asked the Minister for the Environment, Heritage and Local Government the position in relation to an application by a person (details supplied) in County Donegal; and if he will make a statement on the matter. [11831/04]

A general review of waste policy has recently been completed and details are set out in the recently launched policy statement taking stock and moving forward, together with the associated national overview of waste management plans publication. Copies of both documents are available in the Oireachtas library.

As part of this review, the priorities for use of the moneys available in the environment fund were re-examined and, in that context, the proposed scheme of grants under the waste management infrastructural grants scheme in relation to private sector applicants was re-considered. Having regard to the significant levels of investment and growth in scale of the private waste industry in recent times, the process of waste industry consolidation which is in evidence and which is likely to continue and, the competing priorities for the resources available in the environment fund, I have decided not to proceed with the scheme of grants mentioned above. Instead I intend to divert the funding to a number of other areas including increased waste enforcement activities, which are crucial to providing the confidence that current and future investment in the legitimate waste sector will not be undermined by illegal activities competing against fully compliant operators. Letters have issued to all private sector applicants on 7 April last informing them of my decision.

Question No. 824 answered with QuestionNo. 794.

Register of Electors.

David Stanton

Ceist:

825 Mr. Stanton asked the Minister for the Environment, Heritage and Local Government the procedures to be followed to enable presiding officers to vote during the forthcoming European and local elections; and if he will make a statement on the matter. [11874/04]

Where a person is employed by a returning officer at the forthcoming polls and the circumstances of such employment would, in the opinion of the returning officer, prevent the person from voting at the polling station where the person would be entitled to vote, that person may be authorised by the returning officer to vote at another polling station or may apply to the registration authority to have his or her name entered in a supplement to the postal voters list.

Water and Sewerage Schemes.

Denis Naughten

Ceist:

826 Mr. Naughten asked the Minister for the Environment, Heritage and Local Government , further to Parliamentary Question No. 1310 of 30 September 2003, if he will approve funds for the upgrading of the south Roscommon water supply; and if he will make a statement on the matter. [11959/04]

The scheme was approved under my Department's water services investment programme 2003-2005. Roscommon County Council must submit a design review report and contract documents for this and a number of other schemes being advanced as a grouped project.

Question No. 827 answered with QuestionNo. 794.

Waste Management.

Charlie O'Connor

Ceist:

828 Mr. O’Connor asked the Minister for the Environment, Heritage and Local Government the plans to encourage the reduction of packaging in consumer products to assist the battle against litter; and if he will make a statement on the matter. [11994/04]

Article 18 of European Parliament and Council Directive 1994/62/EC on packaging and packaging waste prohibits member states from impeding the placing on the market of packaging that satisfies the provisions of the directive. In other words, that which is in accordance with the essential requirements specified in Annex II of the directive as to the composition and the reusable and recoverable nature of packaging.

I share the Deputy's concern about the excessive packaging of goods. It is generated through a combination of poor packaging design, inefficient production or manufacturing processes and unsustainable consumption patterns such as purchasing excessively packaged products. Taking action to prevent waste being generated is fundamental to the overriding objective of decoupling economic growth from growth in waste. Ireland is particularly disadvantaged in the prevention and minimisation of packaging because approximately 75% of the packaging placed on the market here is imported in association with imported goods.

The principle of producer responsibility requires waste producers to contribute to the waste management costs of products that they have placed on the market at end-of-life. This approach is supported by the producer responsibility initiative for packaging waste that operates here. It is underpinned by the Waste Management (Packaging) Regulations 2003 that replaced earlier regulations introduced in 1997. Under the regulations, producers are required to take steps to recover packaging waste or alternatively to contribute to, and participate in, compliance schemes set up to recover packaging waste.

Repak Limited was established by Irish industry in 1997 to promote, co-ordinate and finance the collection and recovery of packaging waste. This was done with a view to achieving Ireland's packaging waste recovery and recycling targets under European Parliament and Council Directive 1994/62/EC on packaging and packaging waste. It is the only approved compliance scheme. The company's primary role is to support the recycling of packaging waste rather than packaging minimisation. A fees structure applies to its members and is based on the type and amount of packaging placed on the market. It reflects the polluter pays principle and directly promotes the minimisation and reuse of packaging by producers.

Earlier this month I launched an ambitious national waste prevention programme. It aims to deliver significant improvements in waste prevention and minimisation across all waste streams, including packaging. A core prevention team within the EPA will lead the programme. It must develop the programme in consultation with other stakeholders. The environment fund will provide €2 million in 2004.

In March 2002 the successful environmental levy on plastic bags was introduced. It resulted in a reduction in the dispensing of plastic shopping bags at retail outlets by over 90%. An Agreed Programme for Government contained a commitment to consider its extension to other materials that may be problematic from a waste management or litter perspective. In July 2003 a report was issued by the litter monitoring body, that is co-ordinated by my Department. It provided valuable statistical data on litter pollution in Ireland. Fast food take-away bags and wrappers were identified as the largest litter component in the packaging litter category. Chewing gum and automated teller machine receipts were also identified as problematic. As a result, I announced my intention to take measures to tackle litter caused by such items. In September 2003 I commissioned a consultancy study to analyse and recommend appropriate economic instruments, including environmental levies and negotiated agreements with the relevant sectors, that might be implemented. Recently a report was presented to me and I am considering it at present.

Architectural Heritage.

Charlie O'Connor

Ceist:

829 Mr. O’Connor asked the Minister for the Environment, Heritage and Local Government if he will contact South Dublin County Council to offer assistance in respect of the need to preserve and protect the ancestral home of the 19th century poet Katherine Tynan at Kingswood, Tallaght, Dublin 24. [11995/04]

The statutory protection of architectural heritage is primarily a matter for the planning authorities to whom my Department provides advice in the exercise of their functions under the Planning and Development Act 2000.

Under the Act, the Minister for the Environment, Heritage and Local Government may recommend to a planning authority the inclusion of a specific property in its record of protected structures. Following the completion of the interim survey of the architectural heritage of South Dublin County in 2002, my Department recommended to the council that the property in question, among others, be included in its record of protected structures. The decision to include it rests with local elected representatives.

Question No. 830 answered with QuestionNo. 778.

House Prices.

John Bruton

Ceist:

831 Mr. J. Bruton asked the Minister for the Environment, Heritage and Local Government if he has asked his services to analyse the methodology and evidence in the reports, UK House Prices: A Critical Assessment and The UK Housing Market: Bubbles and Buyers, that show a high risk of a housing price bubble in Britain; the similarities and dissimilarities of their content to the Irish housing market; and if he will make a statement on the evasive action that can be taken to mitigate the risks involved. [11997/04]

The UK housing market is not analogous to ours. However, my Department monitors trends in the UK that are of relevance to here.

The Government considers that supply is the key to addressing pressures on the housing market. Its focus has been on maintaining a high level of supply to meet a strong demand and thus moderate the rate of increase in house prices. Clear evidence proves that the strategy is effective. Last year was the ninth successive year of record housing output with over 68,800 house completions, an increase of almost 20% on 2002. In Ireland houses are built faster than anywhere else in Europe with 17 houses per 1,000 population. This compares to the rate in the UK where around three houses are built per 1,000 population.

The rate of house price increases is still problematic. However, it has moderated considerably since the late 1990s when price increases peaked at 40% per annum in 1998. A number of market commentators, including the Central Bank, predicts a greater balance in the housing market over the next few years as increased supply has a restraining effect on house prices.

The Government is committed to continuing with measures to boost the supply of housing. It will continue to monitor and review housing developments and policies, as necessary.

Tenancy Legislation.

Richard Bruton

Ceist:

832 Mr. R. Bruton asked the Minister for the Environment, Heritage and Local Government his plans to introduce legislation to make it easier to deal with anti-social behaviour by tenants in private rented accommodation and where landlords fail to protect other residents in the area. [11998/04]

At present the Residential Tenancies Bill is before the Dáil. It imposes an obligation on tenants not to engage in anti-social behaviour in, or in the vicinity of, dwellings to which the Bill applies. It allows landlords to terminate any tenancy where the tenant is engaging in or allowing others to engage in such behaviour with a notice period of only seven days in the case of serious anti-social behaviour or 28 days in the case of less serious, but persistent, behaviour.

The Bill imposes an obligation on landlords to enforce the obligations applying to tenants where a person, such as a neighbour, would be adversely affected by a failure to enforce the tenant obligations. It provides for the establishment of the private residential tenancies board on a statutory basis. One of its main functions will be to take over the role of the courts in dealing with disputes that arise in the private rented sector. The Bill gives third parties that are affected by anti-social behaviour a right to take a case to the board against a landlord who has failed to enforce the tenancy obligations of the tenant regarding anti-social behaviour. If the board upholds a complaint referred by a third party the landlord will be directed to ensure that the tenants comply with their obligations. It can, if necessary, enforce compliance through the courts.

Question No. 833 answered with QuestionNo. 800.

Waste Management.

Fergus O'Dowd

Ceist:

834 Mr. O’Dowd asked the Minister for the Environment, Heritage and Local Government , further to Parliamentary Question No. 534 of 16 December 2003, his views on the research report on adverse pregnancy outcomes around incinerators and crematoriums in Cumbria, north-west England, between 1956 and 1993, particularly the finding that there was a significantly increased risk of lethal congenital anomaly, specifically spina bifida and heart defects, with proximity to incinerators; and if he will make a statement on the danger that incinerators pose to health and the implications these findings have for the Government’s incinerator policy. [12002/04]

The research report referred to falls to be considered in the context of the examination of the report of the Health Research Board entitled Health and Environmental effects of Landfill and Incineration of Waste. The HRB report is the subject of ongoing consideration between my Department, the Department of Health and Children and the Environmental Protection Agency. I will make a statement on the matter as soon as this consideration has been completed.

Road Network.

Willie Penrose

Ceist:

835 Mr. Penrose asked the Minister for the Environment, Heritage and Local Government about a road is now under public ownership; the earliest time it can be included in the five year county road improvement programmes adopted by local authorities; if it can be included; and if such a direction to local authorities emanates from his Department. [12076/04]

Section 11 of the Roads Act 1993 provides that a road authority may, by order, declare any road over which a public right of way exists to be a public road. Where such an order is made every such road is deemed to be a public road and responsibility for its maintenance lies with the road authority. There is no time limit, following the making of an order, restricting expenditure by road authorities on such roads and no direction has issued from my Department.

Grant Payments.

Breeda Moynihan-Cronin

Ceist:

836 Ms B. Moynihan-Cronin asked the Minister for the Environment, Heritage and Local Government if aid is available for the repair of an old house in the Gaeltacht area other than a Gaeltacht grant. [12084/04]

A grants scheme for the conservation of protected buildings is administered by all of the main local authorities, based on their assessment and prioritisation of applications from property owners, including house owners. The scheme is aimed at assisting owners and occupiers to carry out conservation works on privately owned structures of architectural significance and are protected under the Planning and Development Act 2000. The standard amount of grant is 50% of the approved cost of works, up to a maximum of €13,000. Inquiries should be made to the relevant local authority.

There are also a number of schemes that provide assistance towards the repair and adaptation of private dwellings. They consist of a scheme of improvement works in lieu of rehousing and disabled persons and essential repair grants, all of which are operated by local authorities. My Department operates a grant scheme for the renewal and repair of thatched roofs. A special scheme of housing aid for the elderly is also operated by the health boards. Full information on these schemes is available from the authorities that operate them.

National Drugs Strategy.

Tony Gregory

Ceist:

837 Mr. Gregory asked the Minister for Community, Rural and Gaeltacht Affairs his views on the recent report on the increasing drugs crisis throughout Ireland; and if he will make a statement on the matter. [12130/04]

I launched the report, bulletin No. 2 of the 2002-03 all-Ireland drug prevalence survey, last week. The surveywas undertaken jointly by the National Advisory Committee on Drugs, Ireland and the Drug and Alcohol Information and Research Unit, Northern Ireland, and nearly 8,500 people were interviewed.

The survey looked at the overall national problem. Last October initial results were published and they showed that the vast majority of the general population have never used any illegal drug. Less than one in five or 19% reported ever taking an illegal drug.

The second bulletin gives a breakdown of data by health board area. The key findings are as follows: the proportion of those surveyed who reported ever having taken an illegal drug, lifetime prevalence, varied between 11% and 29% across health board areas; the lowest rate of recent illegal drug use, this means people who used an illegal substance in the previous year, was recorded in the North Western Health Board at 3% and the highest rate was recorded in the Northern Area Health Board at 8%; prevalence rates of current drug use, this means used a drug in the previous month, varied between 0.5% in the North Western Health Board area and 5% in the Northern Area Health Board area; prevalence rates, including lifetime, recent and current usage, tended to be higher in the eastern area; cannabis was the main illegal drug used on a lifetime, recent or current basis in all health board areas; prevalence rates for cannabis were at least twice as high for other illegal drugs; and prevalence rates for other illegal drugs were considerably lower than for cannabis across all areas and periods; the highest prevalence rate for recent use of ecstasy was 3% and for cocaine powder 2% compared to 8% for cannabis; the profile of illegal drug users showed a great deal of consistency across health boards; in almost all areas prevalence rates of lifetime, recent and current use were higher amongst men than women and higher amongst young people than older people; prevalence rates for sedatives, tranquillisers and anti-depressants were higher amongst older people and women in most areas.

I am pleased that the bulletin confirms that the vast majority of people here in all regions have never used illegal drugs, even if there are significant regional variations. I am conscious that the results highlight the fact that drug use is not confined to major cities but is now an issue for urban and rural areas.

I can assure the Deputy that the Government is not complacent about this finding and remains determined to tackle drug misuse on a number of fronts. The local drugs task forces, the young peoples facilities and services fund and the regional drugs task forces try to combat the drug problem. Through their valuable work and the ongoing implementation of the National Drugs Strategy 2001-2008 much is being done and will continue to be done over the coming years to tackle the problem.

The Deputy will be familiar with the work of the LDTFs. All of the task forces — with the exception of Bray — are currently implementing their second round of action plans. In total the Government has allocated or spent approximately €65 million to implement a range of projects contained in the plans of the task forces since 1997. Over €11.6 million was allocated to 37 capital projects under the premises initiative. It was designed to meet the accommodation needs of community based drugs projects, the majority of whom are in LDTF areas.

Approximately €72 million was allocated to support over 450 facility and services projects in LDTF areas and the four other urban centres under the YPFSF. This includes over €13 million that I recently allocated under round II of the fund to support over 100 services and facility projects targeting young people at risk of drug misuse.

Regional drugs task forces were also established throughout the country. At present they are mapping out the patterns of drug misuse in their areas — as well as the range and level of existing services — with a view to better co-ordination and addressing gaps in the overall provision. This work will then feed into the drafting of regional action plans that will be assessed by the national drugs strategy team. Early next year I expect to make funding recommendations at the Cabinet Committee on Social Inclusion. This will allow the RDTFs to implement their plans by mid-2005.

The publication of the information contained in the bulletin is timely as the mid-term review of the National Drugs Strategy 2001-2008 will commence shortly. Its valuable information will significantly add to our knowledge and understanding of drug use and is essential in developing appropriate policies for the future.

Irish Language.

Richard Bruton

Ceist:

838 Mr. R. Bruton asked the Minister for Community, Rural and Gaeltacht Affairs the steps that have been taken by the Government to secure the recognition of Irish as an official language in the EU following the recent resolution of the Dáil on the matter; the criteria that will be applied by the EU to grant Ireland’s application; and his strategy for securing the necessary recognition. [11127/04]

As I indicated in my reply to Questions Nos. 185, 437 and 438 on 9 March and reiterated in the debate referred to, the Government established a working group to analyse what can be achieved and the possibilities that exist to make progress. To date the working group has met three times. It intends to submit a report to the Government in the near future. I cannot say anything more until the report has been given full consideration.

Question No. 839 answered with QuestionNo. 113.

Mayo Landslide.

Michael Ring

Ceist:

840 Mr. Ring asked the Minister for Community, Rural and Gaeltacht Affairs if a working group was established to discuss the problems of the people in north Mayo affected by the landslides of September 2003; if so, the chair of the group; and if the persons concerned will be part of the group. [11551/04]

A Pollathomas implementation working group was established and Peadar Ó hÉidhín, a representative of Mayo County Council, is chairman. It included representatives from the Office of Public Works, my Department and the Department of the Environment, Heritage and Local Government. Its first meeting was on 22 April. It is intended to include participation of the people of Pollathomas at a later date.

During a recent visit to Mayo I met county council officials. We discussed the progress in resolving issues as they pertain to my Department.

Question No. 841 answered with QuestionNo. 133.

Community Development.

Fergus O'Dowd

Ceist:

842 Mr. O’Dowd asked the Minister for Community, Rural and Gaeltacht Affairs about funding for the Sherkin Island community development programme. [11662/04]

The Sherkin Island Development Society received funding under the community development programme since 1997. The funding has primarily allowed the project to employ a development officer and an administrative assistant, in addition to covering administrative costs and overheads associated with maintaining a premises.

My Department has been concerned for some time that SIDS has not been achieving the primary aim of the programme, that is the empowerment of the local community to address, in a participative manner, the issues it deems important. Following an investigation, it was concluded that SIDS had failed to maintain appropriate procedures and had demonstrated weakness in terms of community development and conflict resolution skills. The project management were informed that funding would be withdrawn with effect from the end of March 2004.

The project was also informed that it was my intention to examine the future development needs of the Sherkin community. Arising from the process, I subsequently met members of SIDS and representatives from Heir Island, a sister island that is also supported through SIDS. In the light of further consideration of the various issues involved, I have decided to offer SIDS funding on an interim basis for a period of six months, subject to acceptance by SIDS management of a number of conditions on restructuring of the project and operational and decision-making procedures. Should this offer of conditional further support be accepted by SIDS management, my Department will monitor progress and review the position at the end of the six month period.

Questions Nos. 843 and 844 answered with Question No. 128.
Question No. 845 answered with QuestionNo. 131.

Bernard J. Durkan

Ceist:

846 Mr. Durkan asked the Minister for Community, Rural and Gaeltacht Affairs the extent he can engage with urban or rural communities to enhance their qualify of life; and if he will make a statement on the matter. [12113/04]

Bernard J. Durkan

Ceist:

849 Mr. Durkan asked the Minister for Community, Rural and Gaeltacht Affairs his ongoing plans to develop support structures for urban and rural dwellers. [12116/04]

I propose to take Questions Nos. 846 and 849 together.

From my previous replies the Deputy will be aware of the many schemes and initiatives operated by my Department to assist rural and urban communities. I refer him to Questions Nos. 432 of 3 December 2002 and 431 to 434, inclusive, of 27 May 2003 and 167 of 9 March 2004. These schemes constitute an integrated series of supports for urban and rural communities that contribute to the enhancement of quality of life.

I am also initiating a number of further special schemes that will contribute significantly in the area. I refer the Deputy to Question No. 432 of 9 March 2004. I expect to announce the new rural social scheme within a matter of weeks.

My Department and the Department of Enterprise, Trade and Employment are at an advanced stage in the process of negotiating and formalising a scheme of joint county enterprise board and Department of Community, Rural and Gaeltacht Affairs funding support for business projects on the English speaking islands.

Question No. 847 answered with QuestionNo. 137.

National Drugs Strategy.

Bernard J. Durkan

Ceist:

848 Mr. Durkan asked the Minister for Community, Rural and Gaeltacht Affairs the funding for groups involved in combating the drugs problem. [12115/04]

My Department has overall responsibility for co-ordinating the implementation of the National Drugs Strategy 2001-2008. It aims to tackle the drug problem in the most comprehensive way ever undertaken and contains 100 actions to be implemented by a range of Departments and agencies.

My Department also has responsibility for the work of the 14 local drugs task forces that were established in 1997 in the areas experiencing the worst levels of drug misuse. All of the LDTFs, with the exception of Bray, are currently implementing their second round of action plans. The Government has allocated or spent approximately €65 million to implement approximately 500 projects contained in the two plans operated by the task forces since 1997. Over €11.6 million was allocated to 37 projects under the premises initiative. It is designed to meet the accommodation needs of community based drugs projects, the majority of which are in LDTF areas.

Approximately €72 million was allocated to support approximately 450 facility and services projects in LDTF areas and four urban centres under the YPFSF. The main aim of the fund is to attract at risk young people in disadvantaged areas to recreational facilities and activities and divert them away from the dangers of substance abuse.

Question No. 849 answered with QuestionNo. 846.

Departmental Responsibilities.

Bernard J. Durkan

Ceist:

850 Mr. Durkan asked the Minister for Community, Rural and Gaeltacht Affairs the services and structures transferred to his Department from the Department of Social and Family Affairs into 2002; and how he has developed services in the meantime. [12117/04]

Bernard J. Durkan

Ceist:

851 Mr. Durkan asked the Minister for Community, Rural and Gaeltacht Affairs how he improved, replaced or enhanced services transferred to his Department from the Department of Social and Family Affairs. [12118/04]

I propose to take Questions Nos. 850 and 851 together.

The responsibilities transferred to my Department from the Department of Social Community and Family Affairs are set out in the Community Affairs (Transfer of Departmental Administration and Ministerial Functions) Order 2002 (SI 327 of 2002). Certain functions on anti-poverty networks and volunteering were transferred from the Combat Poverty Agency and from Comhairle with effect from 1 January.

The principal developments since the establishment of the Department of Community, Rural and Gaeltacht Affairs are as follows:

Charities

A consultation paper on establishing a modern statutory framework for charities was announced in December 2003. It proposes, at section 9, to replace in its entirety existing charities legislation. The paper is the subject of a public consultation and has a deadline of 28 May 2004 for receipt of submissions. It can be accessed on the Charities Regulation web page at www.pobail.ie.

Dormant Accounts

The Unclaimed Life Assurance Policies Act extends the scheme established under the Dormant Accounts Act 2001 to unclaimed life assurance policies. It was passed in February 2003. The commencement order (SI 92 of 2003) was signed on 6 March 2003. In September 2003 the disbursement plan of the Dormant Accounts Disbursements Board for up to €30 million was approved. In December 2003, the Government decided on new arrangements for the fund's disbursements. My Department is preparing draft legislation to give effect to the decision.

White Paper on a Framework for Supporting Voluntary Activity

New funding schemes to support the role of federations, networks and umbrella bodies and for training and supports in the community and voluntary sector were introduced in 2003. They will channel funding of some €5.5 million and €1.9 million, respectively, to 56 community and voluntary organisations over the period 2003-2006. From 1 January 2004 my Department assumed responsibility for the programme for support for national anti-poverty networks from the Combat Poverty Agency and €1.43 million will be expended under the programme in 2004. The White Paper Implementation and Advisory Group continued to meet on a regular basis. Substantive matters considered included the multiplicity of funding sources for the sector, voluntary activity units, accreditation of training, volunteering, and best practice standards in the voluntary and statutory sectors. A review of the IAG's three year remit is under way.

Volunteering

Responsibility for operational grants to support volunteering for three volunteeringorganisations transferred from Comhairle to my Department on 1 January 2004. A sum of €0.27 million will be provided to the organisations in 2004.

Grants to Community and Voluntary Groups

Fifteen new projects were approved under the community development programme in 2003. It is hoped, subject to resources, to further expand the programme by bringing onstream further projects later this year. My Department is restructuring the programme's support service. My Department also continued to provide once-off grants to locally based voluntary and community groups. The 2004 scheme, for which €2.7 million is available in 2004, will be advertised nationally on 29 May. The scheme of community support for older people is under review. I intend to advertise details of the 2004 scheme in the coming months. An allocation of €2.4 million has been made for the scheme in 2004.

Student Summer Jobs Scheme

It was decided to discontinue the scheme in 2003. Partnerships and community groups have been requested to offer practical assistance and support to students in finding temporary summer employment in the labour market as required.

Housing Policy.

Bernard J. Durkan

Ceist:

852 Mr. Durkan asked the Minister for Community, Rural and Gaeltacht Affairs if, having regard to previous statements on housing in rural areas, agreement has been reached with An Taisce. [12119/04]

I have not held formal discussions or meetings with An Taisce. On a few occasions I have met officers of An Taisce in a social context and there have been informal exchanges.

I can assure the Deputy that I have availed of any opportunity to reiterate my views on rural housing. They are well known to Members of this House. There is no issue requiring agreement with An Taisce.

Departmental Funding.

Bernard J. Durkan

Ceist:

853 Mr. Durkan asked the Minister for Community, Rural and Gaeltacht Affairs the number of applications for funding received in his Department from various organisations in 2004; and if he expects to respond to any or all requests favourably. [12120/04]

My Department receives a large number of applications each year. Applicants are informed of the outcome and many of them are successful.

The volume of work involved in collating the information requested has presented difficulties. In order to provide as much relevant information as possible I ask the Deputy to contact my Department's corporate development section directly, name supplied.

Social Welfare Benefits.

Bernard J. Durkan

Ceist:

854 Mr. Durkan asked the Minister for Social and Family Affairs the extent she has assisted, or intends to do so, applicants who qualify for free travel allowance but live in rural areas not served by public transport. [12111/04]

Bernard J. Durkan

Ceist:

856 Mr. Durkan asked the Minister for Social and Family Affairs if she plans to extend free travel facilities to rural areas deficient in public transport. [12319/04]

I propose to take Questions Nos. 854 and 856 together.

The free travel scheme is available to all people living in the State aged 66 years, or over, to all carers in receipt of carer's allowance and to carers of people in receipt of constant attendance or prescribed relative's allowance. It is also available to certain people with disabilities and people who are in receipt of certain welfare type payments.

The scheme provides free travel on the main public and private transport services for those eligible under the scheme. These include road, rail and ferry services provided by companies such as Bus Átha Cliath, Bus Éireann and Iarnród Éireann, as well as services provided by over 80 private transport operators. The vast majority of private contractors providing services under the scheme operate in rural areas. The underlying feature of the scheme is the use of spare capacity on these transport services.

I am always willing to consider applications from licensed private transport operators who wish to participate in the scheme. My Department pays transport providers to operate the scheme. However, it cannot provide transport services where none exist.

At present access to public transport in rural areas is being addressed through the rural transport initiative. Area Development Management operates it on behalf of my colleague, the Minister for Transport. In 2003 my Department contributed €500,000 to the initiative and I have secured the same amount for 2004. Thereby ensuring that free travel pass holders will continue to have full access to community based transport services.

In recent budgets the free schemes were significantly improved, including the free travel scheme, in terms of the qualifying conditions and their coverage. I will continue to review them with a view to identifying scope for further improvements as resources permit.

Ciarán Cuffe

Ceist:

855 Mr. Cuffe asked the Minister for Social and Family Affairs about her proposal to charge 300,000 pensioners 47 cent for telephone rental; and the rationale behind her decision. [12134/04]

Bernard J. Durkan

Ceist:

874 Mr. Durkan asked the Minister for Social and Family Affairs the reason a charge is being imposed on recipients of the free telephone allowance. [11641/04]

Finian McGrath

Ceist:

875 Mr. F. McGrath asked the Minister for Social and Family Affairs the reason pensioners will be charged 47 cent in future on their free phone rental. [11643/04]

Pat Carey

Ceist:

879 Mr. Carey asked the Minister for Social and Family Affairs the reason a charge of 47 cent is applied to recipients of telephone rental allowance. [11724/04]

Ciarán Cuffe

Ceist:

890 Mr. Cuffe asked the Minister for Social and Family Affairs her proposal to charge 300,000 pensioners 47 cent for telephone rental; and the rationale behind her decision. [12135/04]

I propose to take Questions Nos. 855, 874, 875, 879 and 890 together.

I refer the Deputies to my comprehensive reply to Parliamentary Questions Nos. 604, 605, 618, 623, 632 and 636 on 23 March. The cost of the telephone allowance scheme in 2004 is estimated at €92.2 million for 300,000 customers. It represents a significant increase of nearly €9 million or 11% in expenditure over the 2003 cost.

The telephone allowance appears on a customer's bi-monthly bill as a cash credit of €40.82 and is not attributable to any particular component of the bill. Eircom invoices the Department for the same amount. The allowance is worth €49.39 per bill, including VAT. The newly structured telephone allowance has applied since October 2003.

Eircom increased its rental charges with effect from 4 February 2004. As a result, social welfare clients incur a small increased cost. It amounts to 94 cent per bi-monthly bill, including VAT, compared to an increased charge for non-social welfare customers of €3.78 per bill. Eircom also offered to give low use customers up to €10 worth of calls free per bi-monthly bill by promoting its separate vulnerable users scheme. It should further benefit social welfare customers.

At present I have no plans to increase the telephone allowance. A change would have to be considered in a budgetary context in the light of available resources and other priorities.

Question No. 856 answered with QuestionNo. 854.

Departmental Staff.

John Perry

Ceist:

857 Mr. Perry asked the Minister for Social and Family Affairs if a person (details supplied) in County Sligo will be called for interview. [11175/04]

My Department's Sligo office received 630 applications for temporary summer work. Due to the high number of applications it was necessary to introduce a short-listing exercise with educational qualifications and relevant experience as the criteria. As many as 228 people were shortlisted and called for interview. The person concerned was not short-listed and, therefore, will not be called for interview. A letter issued on 10 March advising the person to this effect.

Social Welfare Benefits.

Richard Bruton

Ceist:

858 Mr. R. Bruton asked the Minister for Social and Family Affairs if she will extend travel concessions to persons who are able to work but are unable to drive due to certain medical conditions. [11207/04]

The free travel scheme is available to all people living in the State aged 66 years, or over, to all carers in receipt of carer's allowance and to carers of people in receipt of constant attendance or prescribed relative's allowance.

It is also available to people under 66 years who are in receipt of certain disability type welfare payments, such as disability allowance, invalidity pension and blind person's pension. People who live in health board approved residential care who previously received disability allowance from my Department or disabled person's maintenance allowance from a health board are also entitled to a free travel pass.

Further extensions to the scheme could only be considered in a budgetary context and taking account of the specific needs of groups of people not covered by the existing arrangements.

Martin Ferris

Ceist:

859 Mr. Ferris asked the Minister for Social and Family Affairs if Bus Éireann and Iarnród Éireann will install machines capable of reading smartcards from the Six Counties after 2005 following an undertaking to introduce an all-Ireland free travel scheme for pensioners. [11230/04]

Martin Ferris

Ceist:

869 Mr. Ferris asked the Minister for Social and Family Affairs if her Department has consulted the authorities in the Six Counties about the introduction of an all-Ireland free travel scheme for persons over 65 years. [11451/04]

I propose to take Questions Nos. 859 and 869 together.

Under existing arrangements free travel pass holders in Northern Ireland and the Republic can undertake free travel within their own jurisdictions. They can also avail of free cross-Border journeys on bus and rail services. The programme for Government contains a commitment to introduce a system of all-Ireland free travel for pensioners and other eligible social welfare customer categories. This would enable pass holders to make onward journeys free of charge in each jurisdiction.

My Department is co-operating with the Rail Procurement Agency towards the introduction of an integrated public transport ticketing system in the greater Dublin area, for free travel pass holders as well as for the general public. When it becomes operational in 2005 or 2006 it will involve the use of smartcard technology.

When my Department is developing the scheme it will discuss the feasibility of using smartcard reader technology with Bus Éireann, Iarnród Éireann and other participating transport operators. Translink services in the North already operate such a system. Smartcard technology would have a number of advantages from an administrative and accounting perspective.

Last year my Department's officials met representatives of the Department for Regional Development for Northern Ireland. A number of issues on the existing system of free travel on cross-Border routes was discussed. The northern representatives were advised of the Government's commitment to introduce the scheme. Its design, implementation and ongoing management will require the active co-operation of that Department and the various travel operators in both jurisdictions. My Department will make further contact with the northern authorities when work on the introduction of the scheme begins.

Seán Ardagh

Ceist:

860 Mr. Ardagh asked the Minister for Social and Family Affairs if she will examine the circumstances and advise the services and benefits that are available to a person (details supplied) in Dublin 12. [11285/04]

The supplementary welfare allowance scheme, subject to certain conditions, is administered by the health boards on behalf of my Department. It provides assistance to eligible people whose means are insufficient to meet their needs. People in full-time education or employment are generally excluded from receiving assistance under the scheme. A health board may award it in exceptional circumstances.

The South Western Area Health Board has advised that the person concerned should contact the community welfare officer at her local health centre. Her circumstances can be evaluated in order to determine whether she qualifies for assistance under the terms of the scheme.

Pension Provisions.

Richard Bruton

Ceist:

861 Mr. R. Bruton asked the Minister for Social and Family Affairs if she will consider abolishing the different rates of pension awarded to persons whose average contribution record lies between the minimum 20 stamps and 48 stamps per year. [11369/04]

In recent years the Government introduced a number of measures designed to make qualification for old age pensions easier for people with reduced or broken insurance records. In 1997 the average yearly number of contributions required for a minimum pension was reduced from 20 contributions to ten.

Pro rata pensions are also available for people with insurance contributions at different rates or from other EU countries or countries with whom Ireland has signed a bilateral agreement. Special pensions were introduced for those with pre-53 contributions and for the self-employed who were already over 56 years of age in 1988 when compulsory insurance was introduced for that group.

Measures are also in place since 1994 to protect the pension entitlements of those who take time out of the paid workforce for caring duties. The homemaker's scheme allows for up to 20 years to be disregarded when a person's insurance record is being averaged for pension purposes.

There are many reasons men and women have gaps in their social insurance records. These can include time spent living abroad, working in the home and periods spent working in employment that may not have been insurable for pensions purposes. At present 56% of women and 44% of men are in receipt of a reduced rate of old age contributory and retirement pensions.

The measures introduced in recent years are designed to ensure that adequate recognition is given to all contributions while at the same time ensuring that payments are only made to those who have had a reasonable attachment to the social insurance fund throughout their working career. I am satisfied that the pensions received by those on reduced rate or pro rata pensions represent good value when compared to the level of contributions required for a full rate payment. At present there are no plans for one standard rate pension.

Social Welfare Benefits.

Bernard Allen

Ceist:

862 Mr. Allen asked the Minister for Social and Family Affairs the reason a person (details supplied) in County Cork had their rent allowance reduced from €137.50 to €11.50. [11388/04]

People on community employment schemes may retain a portion of their rent supplement for up to four years subject to a gross household income limit of €317.43 per week. The supplement may be retained at 75% in year one, 50% in year two and 25% in years three and four.

A participant in community employment may opt to be assessed in accordance with that tapered withdrawal system or standard supplementary welfare allowance rules. The will be entitled to whichever option is more beneficial.

The Southern Health Board has advised that following her commencement on the community employment scheme the level of the person's household income exceeded the €317.43 limit applicable to the tapered withdrawal system. Her rent supplement was calculated in accordance with standard supplementary welfare allowance rules. Rent supplements are subject to a means test. They are normally calculated to ensure that a person, after rent is paid, has an income equal to the rate of supplementary welfare allowance appropriate to his or her family circumstances, less a minimum contribution, currently €13, that recipients are required to pay from their resources.

In addition, recipients are also required to contribute, towards their rent, any additional assessable means over and above the appropriate basic supplementary welfare allowance rate. Up to €50 per week of income from part-time employment may be disregarded in this means test.

Under standard rules the amount of rent supplement payable in this case was calculated at €11.50 per week. She appealed the decision. In the course of the appeal it came to light that in addition to her one-parent family payment and community employment wages she was also in receipt of previously undeclared maintenance payments of €50 per week.

When the amount of rent supplement payable is reviewed to take account of the maintenance payments the person concerned is deemed to have sufficient means to cater for her rent costs. Therefore, there will be no further entitlement to a rent supplement.

As an exceptional measure the appeals officer decided that a payment of rent supplement at €11.50 per week should continue until 1 May.

Fuel Poverty.

Seán Crowe

Ceist:

863 Mr. Crowe asked the Minister for Social and Family Affairs her views on the figure that there are 2,000 premature deaths every year as a result of fuel poverty. [11398/04]

The figure of 2,000 premature deaths associated with fuel poverty was mentioned in a report entitled Fuel Poverty and Policy in Ireland and the European Union. The policy institute at Trinity College Dublin and the Combat Poverty Agency published the report in 2003. The aim of the research was to analyse key policy issues on fuel poverty in Ireland and across the EU. The data for the period 1994 to 1997 was used.

The number of people who die in winter in western countries is higher than those who do so at any other time of year. Much of the difference is attributed to cardiovascular and respiratory diseases. The report does not show that 2,000 people die here each year because they cannot afford to adequately heat their homes during the winter months. The claim of inability to afford adequate heat in the home was the category that attracted the lowest percentage of responsibility for fuel poverty in the course of the study. However, I recognise how important it is to ensure that people on low incomes have adequate fuel and it is an aspect that can counter fuel poverty.

My Department keeps the extent to which people on social welfare can afford fuel under review. Provision is made to ensure that the combined value of weekly social welfare payments and fuel allowances rises in real terms, after compensating people for inflation, including fuel price inflation.

Increasing a primary payment for a full year is more expensive than increasing the fuel allowance for part of the year. The latter is correct as it gives people greater flexibility in meeting their needs. That, coupled with programmes to improve the fuel efficiency of the housing stock, will bring about a reduction in poverty levels, including fuel poverty levels, that I am working to achieve.

Social Welfare Benefits.

Eamon Gilmore

Ceist:

864 Mr. Gilmore asked the Minister for Social and Family Affairs if a person (details supplied) in receipt of a disability pension from Australia is eligible for the back to education allowance. [11406/04]

The allowance is a second chance education opportunities programme. It is designed to encourage and facilitate certain groups that receive social welfare payments to improve their skills and qualifications and, consequently, their prospects of returning to the active work force.

The person concerned is not in receipt of a social welfare payment and is, therefore, ineligible for participation in the scheme.

Michael Ring

Ceist:

865 Mr. Ring asked the Minister for Social and Family Affairs the reason a person (details supplied) in County Mayo had their unemployment benefit stopped. [11429/04]

Since 10 March 2003 the person concerned was in receipt of unemployment benefit. Last February he was asked to provide details of his efforts to find full-time employment. His response led the deciding officer to conclude that he had failed to show that he was available for and genuinely seeking full-time work. His claim was disallowed from 11 March 2004.

The person lodged an appeal with the social welfare appeals office. An appeals officer believes an oral hearing is now required. The person concerned will be advised of the date and venue for the hearing when arrangements have been made.

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

Social Welfare Code.

Richard Bruton

Ceist:

866 Mr. R. Bruton asked the Minister for Social and Family Affairs the changes she plans to make to prevent the new rules on social welfare leaving widowed persons without cover during periods of illness or unemployment. [11430/04]

In the context of the preparation of the Estimates for 2004, entitlement to the payment of additional half rate disability and unemployment benefit concurrently with widow or widowers' pensions was discontinued for new claimants with effect from 19 January. It was one of a number of changes to the social welfare code that were introduced in order to provide scope for resources to be found for general improvements in social welfare provision in the budget.

As with other measures introduced in the social welfare code, I undertook to keep the effects of the measure under review. My overall objective is to ensure that the total social welfare budget is applied to the best effect in tackling disadvantage. I also want to continue the Government's policy of significant improvements in basic payments to social welfare recipients, particularly widows and widowers.

The outcome of the review suggested that the measure may lead to potential hardship in some cases. Therefore, I shall restore the arrangements that existed before 19 January on a retrospective basis.

Conor Lenihan

Ceist:

867 Mr. C. Lenihan asked the Minister for Social and Family Affairs how she will improve the problems facing widows following her recent announcement; and if she will consider changing the rule that prevents widows from receiving a respite grant. [11448/04]

In recent years the Government introduced a number of measures to benefit widows and widowers.

In 2000 the widowed parent grant was introduced to provide additional assistance to those with dependent children in the difficult time following a bereavement. At present the grant is valued at €2,700 and is paid in addition to the normal payments after death.

Increases in the rates of child benefit are also of benefit to widows and widowers with children. Since 1997 child benefit has been increased significantly. From the beginning of this month payments are €131.60 per month for each of the first and second children and €165.30 per month for the third and subsequent children.

With regard to those who are over 66 years of age, the Government had committed to bringing their rate of payment into line with that of the old age contributory pension. It was achieved through a series of special increases in recent budgets and the process was completed in budget 2004. The current maximum rate of old age contributory and widow or widowers pension is €167.30 per week.

A group of widows and widowers also benefits from the changes in the free schemes announced over a number of budgets. Under these arrangements all persons aged over 70 years of age are entitled to a range of schemes regardless of their means or household composition.

The provisions for widows and widowers under the social welfare code will be kept under review and further improvements will be considered where appropriate.

A respite care grant is paid to carers in receipt of a carer's allowance and people who care for recipients of a constant attendance or prescribed relative's allowance. It is not payable with other

social welfare payments. The Minister for Health and Children is responsible for all other matters that relate to the provision and availability of respite care.

Willie Penrose

Ceist:

868 Mr. Penrose asked the Minister for Social and Family Affairs the reason persons in receipt of disability allowance are means tested; and if the legislation underpinning the allowance is of a discriminatory nature. [11450/04]

Income maintenance payments available under the social welfare code consist of a range of social insurance benefits. They are based on PRSI contributions and a further range of social assistance payments that are payable subject to a means test to people who are not qualified for insurance based payments. The purpose of the means tests is to ensure that, for those who do not have social insurance cover or who have insufficient PRSI contributions to qualify for benefit, resources are targeted at those most in need.

A person who is ill long-term or disabled can qualify for either long-term disability benefit or invalidity pension, if they have sufficient PRSI contributions. Where such a person has not worked or does not have sufficient PRSI contributions, they may qualify for disability allowance, which is means-tested.

People who are ill long-term or disabled are treated under the social welfare code in the same way as people who experience other contingencies such as unemployment, old age and widowhood. The means test for the disability allowance scheme is not considered to be discriminatory.

Since the take-over of the disability allowance scheme from the health boards in 1996 a range of improvements have been introduced in the means test for disability allowance purposes. These include: substantial increases in the amount of earnings from rehabilitative employment; self-employment that can be disregarded for means test purposes, currently €120 a week; and major improvements in the method of assessing capital with the first €12,697 being disregarded.

As a consequence of these and other general improvements in the disability allowance, there has been a substantial increase in its take-up. The number of recipients has more than doubled, an increase from 34,500 in October 1996 to 69,398 at the end of March 2004.

One aspect of the disability allowance differs from other social welfare payments and involves people who are in full-time residential care. One of the conditions that applied to the disability allowance scheme formerly was that payment was not made to people in residential care or in a hospital. Since my Department took over the running of the scheme this disqualification was progressively relaxed. Many of those who had previously been disqualified because they were in residential care are now entitled to a payment.

A working group was established to examine the takeover by my Department of the spending allowances paid to people with disabilities in residential care who were not entitled to disability allowance and for the standardisation of the level of these allowances. One of its functions will be to examine the best method for the transfer of responsibility for the payment of these allowances and of the funds involved.

Question No. 869 answered with QuestionNo. 859.

Social Welfare Benefits.

Bernard J. Durkan

Ceist:

870 Mr. Durkan asked the Minister for Social and Family Affairs the reason there has been a reduction of rent support in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [11454/04]

The South Western Area Health Board was contacted regarding this case. It advised that the amount of rent supplement was reviewed to take account of a recently born second child.

The amount of supplement paid in respect of March 2004 was incorrectly calculated. The matter was rectified and a cheque for the revised amount plus arrears will issue this week.

The revised amount takes account of the fact that the mother has not received the increase in her one-parent family payment due in respect of her second child. Therefore, a higher rent supplement is being paid. The payment of an additional amount will continue until she receives her full entitlement of one-parent family payment.

The board has advised that the level of rent supplement will be further reviewed when the increase is made in her one-parent family payment in respect of her second child. As a result there will be a reduction in her rent supplement.

Bernard J. Durkan

Ceist:

871 Mr. Durkan asked the Minister for Social and Family Affairs the way in which a person (details supplied) in County Kildare can meet their rent payments while penalised in respect of alleged previous overpayment; and if she will make a statement on the matter. [11455/04]

Rent supplements are provided for under the supplementary welfare allowance scheme and are subject to a means test. Recipients of rent supplement are required to notify the health board of any change in their household income as it may affect the amount payable.

The person concerned took up part-time employment but failed to notify the health board of the increase in household income. When the matter came to light the person concerned was made aware of the board's intention to recoup the sum involved. The present amount of rent supplement incorporates a deduction of €20 per month in respect of the overpayment. As a matter of practise overpayments incurred in such circumstances must be recovered. It is a matter for the health board to make appropriate arrangements to recover the money.

Social Welfare Payments.

Michael Ring

Ceist:

872 Mr. Ring asked the Minister for Social and Family Affairs the reason persons in receipt of a contributory pension who choose to receive it by electronic transfer to their bank account are two weeks in arrears; and the reason there is a difference of three weeks between both methods. [11557/04]

Payment of pensions by electronic fund transfer is generally made every fortnight in arrears. Payment by payable order or book voucher is paid weekly in advance. The difference in the payment frequencies arises for technical reasons associated with EFT. The alignment of payment frequencies will be progressed as soon as the necessary work to resolve the technical issues can be carried out.

Most people who opt for EFT do so when they make their initial claim so there is no interruption to the flow of payments once the claim is allowed. Where an existing recipient opts to switch from pension book to EFT the different payment cycle may result in a temporary interruption of payment. Each person, regardless of payment method, receives the same quantum of payments over the lifetime of his or her claim.

Social Welfare Benefits.

John McGuinness

Ceist:

873 Mr. McGuinness asked the Minister for Social and Family Affairs if the supplementary welfare allowance will continue to be granted in the case of a person (details supplied) in County Kilkenny in view of their exceptional circumstances and that non-receipt will result in severe hardship for the family. [11576/04]

The South Eastern Health Board has advised that the person concerned was awarded payment of supplementary welfare allowance on the basis of particular domestic circumstances that pertained at the time. It also advised that her circumstances had changed. In its opinion continuation of the payment may no longer be warranted as the household income appears to be above the level appropriate for payment to be made.

The board wrote to the person concerned advising her of its intention to discontinue the supplementary welfare allowance payment. In accordance with standard practice she was advised that she had 21 days to appeal against the decision. To date no appeal has been lodged with the board.

The board also contacted my Department's local office in connection with a claim for unemployment assistance that is also relevant in this case. The board will ensure that the household in question has sufficient means with which to meet its needs.

Questions Nos. 874 and 875 answered with Question No. 855.
Question No. 876 answered with QuestionNo. 880.

Social Welfare Payments.

Mary Upton

Ceist:

877 Dr. Upton asked the Minister for Social and Family Affairs if he will consider making child benefit payments available on a fortnightly basis as this will help many families in managing their budgets. [11722/04]

Child benefit is paid monthly at the beginning of each month to all families irrespective of income. In the past it has been argued that moving to a more frequent payment would assist families on low income. A change to a more frequent payment, such as weekly or fortnightly, would lead to a payment later than is currently available.

Since 2001 child benefit has been increased by €77.64 for each of first two children and by €94.19 in respect of the third and subsequent children. The measure helped low income families without affecting their incentive to take up paid employment.

My Department has overall responsibility for the money advice and budgeting service. It provides advice to individuals and families who have problems managing their finances, are in debt and who are on low income. The service does not provide financial assistance to its customers. It places an emphasis on practical personal budgeting measures that help people with debt problems. There are 52 offices all over the country and a person with debt problems should be referred to their local MABS office for advice.

At present I have no plans to pay child benefit on a fortnightly basis. It would have major administrative and financial implications and would have to be considered in a budgetary context.

Social Welfare Benefits.

Pat Carey

Ceist:

878 Mr. Carey asked the Minister for Social and Family Affairs if she plans to extend the period fuel allowance is paid. [11723/04]

The national fuel scheme aims to assist householders in receipt of long-term social welfare or health board payments and are unable to provide fully for their heating needs. A fuel allowance payment of €9 per week is paid to eligible households. An additional €3.90 per week is paid in smokeless zones. The total amount paid is €12.90 per week.

The fuel allowances represent a contribution towards a person's normal heating expenses. Many households also qualify for electricity and gas allowances.

The duration of payment was increased from 26 weeks to 29 weeks in April 2001. The means test was eased with effect from October of that year and the rate of fuel allowance was increased by 42% in January 2002.

A change in the scheme is a matter for consideration in a budgetary context. Significant increases in recent years in primary social welfare payment rates, such as the old age pension, have also improved the income for people dependent on the social welfare system. Primary payment rates are payable for the full 52 weeks of the year and hence increases benefit a wide range of recipients.

Question No. 879 answered with QuestionNo. 855.
Question No. 880 answered with QuestionNo. 876.

Bernard J. Durkan

Ceist:

881 Mr. Durkan asked the Minister for Social and Family Affairs when rent allowance will be awarded to a person (details supplied) in County Kildare. [11789/04]

The South Western Area Health Board has advised that the person concerned made inquiries about rent supplement at her local health centre. She was given the appropriate application forms. To date no formal application has been received by the board.

If the person concerned submits a completed application form to her local health centre it will be considered. Her circumstances will be taken into account.

Pension Provisions.

Willie Penrose

Ceist:

882 Mr. Penrose asked the Minister for Social and Family Affairs the reason the blind pension is a means tested non-contributory pension; and the reason no provision is made for contributions to allow a person to claim contributory blind pension. [11897/04]

Income maintenance payments available under the social welfare code consist of a range of social insurance benefits. They are paid on the basis of PRSI contributions. A further range of social assistance payments are payable, subject to a means test, to people who are not qualified for insurance based payments. A means test ensures, for people who do not have social insurance cover or have insufficient PRSI contributions to qualify for benefit, resources are targeted at those most in need.

A person who is blind or severely visually impaired can qualify for either disability benefit or invalidity pension if they have sufficient PRSI contributions. Where such a person has not worked or does not have sufficient PRSI contribution, they may qualify for the blind person's pension that is means tested.

There is a contributory pension scheme available for people who are permanently incapable of working, including those who are blind or severely visually impaired, such as the invalidity pension scheme. Therefore, it is not considered necessary to have a separate contributory payment scheme specifically for blind people.

Anti-Social Behaviour.

Richard Bruton

Ceist:

883 Mr. R. Bruton asked the Minister for Social and Family Affairs if she will introduce arrangements whereby persons in receipt of rent supplement, in respect of a private tenancy, are obliged to comply with a code of behaviour that protects other residents from anti-social activities. [12015/04]

The supplementary welfare allowance scheme is administered on behalf of my Department by the health boards. It provides for the payment of a weekly or monthly supplement in respect of rent to eligible persons in the State whose means are insufficient to meet their accommodation needs.

Anti-social behaviour by a tenant is a matter for the landlord, in the first instance. There are a number of avenues open to landlords in such cases, including the mediation service for landlords and tenants operated by the Private Residential Tenancies Board. If necessary, a landlord may seek termination of the tenancy that, if effected, would result in the termination of rent supplement.

I have no plans to change social welfare legislation as there are facilities in place that deal with housing policy.

Decentralisation Programme.

Fergus O'Dowd

Ceist:

884 Mr. O’Dowd asked the Minister for Social and Family Affairs the number of civil servants that expressed an interest in moving to Drogheda as part of her decentralisation plan. [12018/04]

Fergus O'Dowd

Ceist:

885 Mr. O’Dowd asked the Minister for Social and Family Affairs the progress to date in identifying suitable sites in Drogheda for the decentralisation of her Department and the number of sites; if each site was evaluated on its suitability; and when she expects to make her final decision. [12019/04]

Fergus O'Dowd

Ceist:

886 Mr. O’Dowd asked the Minister for Social and Family Affairs the units within her Department which will be moving to Drogheda as part of the decentralisation process; and the number of such staff and civil service grade of each. [12020/04]

Fergus O'Dowd

Ceist:

887 Mr. O’Dowd asked the Minister for Social and Family Affairs when she anticipates re-assigned staff from other Departments will move to her Department as part of the decentralisation process. [12021/04]

I propose to take Questions Nos. 884 to 887, inclusive, together.

The transfer of some parts of my Department to Drogheda will be undertaken as part of the Government's decentralisation programme as announced last December. It will involve major changes in my Department. A key objective will be to ensure that the programme is implemented in a planned way, with due regard to the effects on staff and the maintenance of high standards of service.

The Drogheda office will house senior management and general headquarters. It will accommodate 300 staff across all Civil Service grades.

At present I do not know the overall number of civil servants that wish to relocate to Drogheda. Recently my Department carried out an internal survey. It indicated that 120 staff currently serving in my Department are interested in a move to the location.

The overall provision of staff for Drogheda will be managed by the Civil Service Commission through the central applications facility. It is expected that the first round of applications will be invited in the near future and the assignment of new staff to my Department will follow in due course.

At present the Office of Public Works is in the process of securing suitable accommodation for my Department in Drogheda. It is expected that information regarding options available will be provided shortly.

A final date for the completion of moves will not be known until all accommodation and staff recruitment issues are concluded.

Social Welfare Benefits.

Jan O'Sullivan

Ceist:

888 Ms O’Sullivan asked the Minister for Social and Family Affairs the measures she intends to implement as a result of the report of the working group on the back to school clothing and footwear allowance. [12078/04]

The South Western Area Health Board was contacted regarding this case. It advised that the amount of rent supplement was reviewed to take account of a recently born second child.

The amount of supplement paid in respect of March 2004 was incorrectly calculated. The matter was rectified and a cheque for the revised amount, plus arrears in respect of March 2004, is due to issue this week.

The revised rent supplement takes account of the fact that the mother has not received an increase in her one-parent family payment that she is due in respect of her second child. As a result a higher rent supplement is being paid. The additional rent supplement will continue until she receives her full entitlement of one-parent family payment.

The board has advised that the level of rent supplement will be further reviewed when the increase is made in her one-parent family payment in respect of her second child. It will result in a reduction in the amount of rent supplement payable.

Department Press Statements.

Dan Boyle

Ceist:

889 Mr. Boyle asked the Minister for Social and Family Affairs the changes in the way her Department issues press statements. [12103/04]

All press statements issued by my Department are posted on its website at www.welfare.ie.

The website enables my Department to deliver its information and other services effectively. Subscribers can avail of a mailing list in the press office section on the website. They will receive press releases by e-mail as soon as they are posted. At present the Deputy is not on its mailing list. He can forward his e-mail address to my Department's press office or log on to our website.

My Department's press office is committed to ensuring all press statements are posted to its website on the same day as they are issued to the media. The commitment is successfully achieved except where, on occasion, technical problems arise and it is necessary to update the website on the following morning.

There are no changes envisaged in the way press statements are issued.

Question No. 890 answered with QuestionNo. 855.
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