Written Answers

Air Services.

Gay Mitchell

Ceist:

56 Mr. G. Mitchell asked the Minister for Transport whether there is a conflict of interest in the recent decision taken by Dublin Airport Authority workers to make formal approaches to some of the private investors who have expressed an interest in developing a second terminal at Dublin Airport with a view to establishing a partnership arrangement between DAA workers and the operator of a second terminal at the airport; and if he will make a statement on the matter. [32040/04]

Road Safety.

Trevor Sargent

Ceist:

60 Mr. Sargent asked the Minister for Transport the guidelines he provides to local authorities on the standard of pedestrian crossing facilities; his views on the fact that certain pedestrian crossing signals in Dublin city have a four minute waiting time between the pressing of the pedestrian crossing button and a resulting change in the lights and that the average maximum waiting time for pedestrian lights to turn green is close to two minutes; and the standards which apply with regard to the distances that pedestrians have to travel from recognised bus stops on roads such as the N11 before having a safe facility to cross the road. [32400/04]

Minister of State at the Department of Transport (Mr. Callely)

Part V of the Road Traffic (Signs) Regulations 1997, SI 181 of 1997, contains the regulatory provisions relating to the provision of pedestrian crossings and the associated signals. Ministerial directions and general guidance to local authorities regarding the provision and use of regulatory and non-regulatory traffic signs are set out in the comprehensive Traffic Signs Manual that was published in 1996. Guidance and advice about pedestrian signals are laid down in paragraph 7 of chapter 9 of the manual, a copy of which is available in the Oireachtas Library. Local authorities are advised that the pedestrian phase of the signals "is best activated by demand from push buttons but can be activated automatically if the circumstances justify it (for example, to prevent phases getting out of step with adjacent signals on linked signal systems)".

Precise standards are not prescribed in either the road traffic regulations or in the manual regarding the time interval that should apply prior to the activation of the pedestrian cycle. The decision regarding the activation of the operative cycle for any particular set of traffic lights is a matter for the relevant local authority in the context of its policy for the management of all road users at the location. In this regard, a set of Traffic Management Guidelines that were jointly published by my Department in May 2003 sets out further guidance and advice to local authorities about pedestrian crossings. A copy of this publication is available in the Oireachtas Library.

The guidelines, at chapter 10.7, advise that delays to pedestrians should be minimised and that overall cycle times be kept as short as possible. The guidelines expressly recognise the reality that pedestrians are sensitive to the time they have to wait at the kerbside and that if the waiting time is too long pedestrians will cross the road without waiting for a green signal. The guidelines also state: "In the climate of encouraging walking as part of sustainable transport, justification for pedestrian facilities should be considered more in terms of the needs of pedestrians (in particular the delays and difficulties experienced in crossing a road) than in always maximising traffic flows."

Guidance has been provided for local authorities on the provision of pedestrian signals generally but, ultimately, decisions on their provision, their proximity to bus stops, traffic management controls and the control of pedestrians and traffic at any particular location are matters for determination by the relevant local authority.

Air Services.

Jan O'Sullivan

Ceist:

61 Ms O’Sullivan asked the Minister for Transport the position with regard to the Shannon stopover; the further position with regard to the timeframe for agreement between the EU and US on the open skies policy; the discussions he has had in this regard; and if he will make a statement on the matter. [32353/04]

Minister for Transport (Mr. Cullen)

As I indicated in my reply to a similar question from the Deputy on 2 November 2004, at a number of recent Transport Councils, the Irish position has been that while we are in favour of an open skies agreement between the EU and the US, Ireland's support would be contingent on an acceptable arrangement on Shannon being agreed between Ireland and the US and that arrangement being reflected in the EU-US agreement.

Negotiations between the EU and the US on an open skies agreement will recommence in early 2005, when the new US Administration is in place. Both EU and US officials have maintained contact over the summer but no negotiations have taken place since last June. Detailed negotiations took place up to June 2004, with the objective of reaching an agreement in time for the EU-US summit in Ireland at the end of that month. However, when the proposed agreement, which would have brought in open skies between all EU member states and the US, was discussed at the Transport Council in June 2004, Transport Ministers felt that the deal on offer was unbalanced in favour of the US.

In the lead up to June 2004 and in line with Ireland's position as outlined at the beginning of this reply, in May 2004 Department of Transport officials travelled to Washington to discuss this issue with the US. An official from the European Commission also attended those discussions. While the Irish delegation was not authorised to conclude any agreement with the US, good exploratory discussions were held. Had an EU-US deal emerged from the Transport Council, a suitable phasing in over a period of years of open skies between Ireland and the US would have been agreed for inclusion in the EU-US deal that would have been signed at the summit at the end of June 2004.

Currently, there are no EU-US negotiations taking place. There is no doubt in my mind, however, that an EU-US open skies agreement is inevitable once a properly balanced agreement is reached. My officials have maintained contact with the US side to keep open all options for progress on this issue.

It is difficult to estimate the time frame in which an EU-US agreement might be reached. I have now familiarised myself with the positions of the various Irish stakeholders involved. I am conscious of the fact that the new board of Shannon Airport is now required to produce a business plan for the airport and that clarity on the open skies issue would be helpful to that business planning process. I am also conscious that Irish airlines are currently restricted in the routes they can serve under the existing bilateral arrangement and that expanding scheduled services across the Atlantic is of great importance to the growth of Irish airlines and Irish tourism.

For the reasons I have outlined above, officials from my Department will shortly travel to Washington to explore with the US authorities what adjustments to the current Ireland-US arrangements are possible.

Public Transport.

Liz McManus

Ceist:

62 Ms McManus asked the Minister for Transport when the new smart card, allowing passengers to use a single ticket on all forms of public transport, will be introduced; when the equipment necessary to validate the cards will be installed on buses, trains and the Luas; the types of public transport on which these cards will be able to be used in the first instance; when the cards will be able to be used on all forms of public transport; and if he will make a statement on the matter. [32339/04]

Minister for Transport (Mr. Cullen)

The contactless, smart card based, integrated ticketing system, which will enable a passenger to use a single ticket on one or more scheduled public transport services, by road and by rail, irrespective of the transport operator involved, is being developed by the Railway Procurement Agency, RPA, and will be introduced on a phased basis, initially in the Dublin area.

A first step was the launch in April of this year, in conjunction with the RPA, of smart cards by a private operator, Morton's Coaches, on its services. Another important step will be the launch of smart cards on Luas services in spring 2005. In addition, the RPA projects that Dublin Bus and some additional private operators will follow with smart cards on its services during 2005, with the DART expected to follow in 2006.

Full integration of the back office systems of Dublin Bus and Luas is expected to take place in early 2006. Once this is completed, there will be one smart card for customers which will be operable on both bus and Luas services, with integration with other operators to follow. In the meantime, the RPA is also proceeding with the procurement of an extensive sales network which will be used by customers for topping up the value on smart cards.

The system is being designed with the involvement of all public transport operators, as well as consultation with members of the public. Discussions are ongoing between the RPA and the operators with regard to implementing the system. Such discussions include the timing of the installation of card validation equipment.

Air Services.

Seán Ryan

Ceist:

63 Mr. S. Ryan asked the Minister for Transport the reason consideration of State funding was ruled out in the mandate given to consultants with regard to a report (details supplied) on Aer Lingus; and if he will make a statement on the matter. [32367/04]

Ruairí Quinn

Ceist:

83 Mr. Quinn asked the Minister for Transport his views on the recent resignations of persons (details supplied) from the board of Aer Lingus; if he has met them to discuss the reasons for their resignations; his further views on the implications these resignations will have for the future of the company; and if he will make a statement on the matter. [32361/04]

Ruairí Quinn

Ceist:

85 Mr. Quinn asked the Minister for Transport his views on a report (details supplied) on the future of Aer Lingus; the action he intends to take in view of the report’s recommendations; if he will proceed with the privatisation of the company through an IPO; and if he will make a statement on the matter. [32358/04]

Bernard J. Durkan

Ceist:

112 Mr. Durkan asked the Minister for Transport his preferred options in respect of the future of Aer Lingus with particular reference to structures, management, staff participation and the need to meet customer requirements; and if he will make a statement on the matter. [32385/04]

Róisín Shortall

Ceist:

117 Ms Shortall asked the Minister for Transport when he expects final decisions to be taken on the future of Aer Lingus. [32528/04]

Olivia Mitchell

Ceist:

199 Ms O. Mitchell asked the Minister for Transport if a decision will be made on the future of Aer Lingus before the Christmas 2004 recess; when he expects that a new management team will be put in place; when a successor to the outgoing chairman of the board of Aer Lingus will be announced; and if he will make a statement on the matter. [32533/04]

Bernard J. Durkan

Ceist:

225 Mr. Durkan asked the Minister for Transport the position in regard to discussions he has had with management or staff in Aer Lingus, with particular reference to the future structures of the company and its role in the issue of air transport; and if he will make a statement on the matter. [32549/04]

Minister for Transport (Mr. Cullen)

I propose to take Questions Nos. 63, 83, 85, 112, 117, 199 and 225 together.

The Government decided on 6 July 2004 to establish a Cabinet sub-committee to examine all the issues relating to the future of Aer Lingus and report back to Government as soon as possible. The committee first met on 14 July 2004 to review the position and decided that work on future options continue with advisers as necessary and that the result of that work would be considered by the committee. Goldman Sachs was then engaged by my Department to provide advice and assistance regarding the future of Aer Lingus. This report, which was received on 6 October 2004, was considered by the Cabinet sub-committee at its meeting on 22 November following its review by relevant Ministers and Departments.

The Goldman Sachs report was published by my Department on Tuesday last, 23 November 2004, with copies of the report laid in the Oireachtas Library as well as being made available on my Department's website. The report summarises the global aviation market, the regulatory environment and Aer Lingus' history and current operation. It then moves on to Aer Lingus' funding requirement and capital structure. It identifies as a key issue the availability of capital to enable the airline compete on an equal footing, pursue expansion plans and withstand external shocks. Moreover, Goldman Sachs states that given the cyclical nature of the industry, access to equity capital is an important mitigant of financial risk.

The report goes on to review the status quo, the implications of change with regard to strategic issues and the various ownership structure alternatives under complete or partial divestment. The question of State investment was neither ruled in nor ruled out in the mandate given to Goldman Sachs since this is a matter for the Government to decide for the future. Goldman Sachs refers to successive Governments’ policy on investment in Aer Lingus and goes on to deal with this issue in the chapter on the status quo in the report.

The issue of funding for future growth is a major factor for consideration in any decision on ownership. As already mentioned, this is clear from the Goldman Sachs report. A major issue for any airline is the upgrading and replacement of aircraft. Aer Lingus is funding the upgrade of its short haul fleet from within existing resources but this is based on meeting performance and profit targets as set out in the business plan. In addition, the airline is currently examining its long haul fleet requirements and expects to complete a proposal in the coming months which will have to be approved by my Department and the Department of Finance. Pending the outcome, the company has confirmed to the Department that the airline will require equity funding to replace the existing long haul fleet and to support future growth.

At its meeting on 22 November 2004, the Cabinet sub-committee recognised that decisions on the future ownership should be made before Christmas in the interest of the airline and all its stakeholders. A further meeting of the committee is scheduled to take place on 9 December 2004.

With regard to the resignation of the three senior managers in Aer Lingus — the chief executive, chief operations officer and chief financial officer — their resignations will take effect from May 2005. I have placed on record my thanks to the three executives, Mr. Walsh, Mr. Kearney and Mr. Dunne for their work and commitment over the past three years in conjunction with the board and staff. That work has resulted in the profitable and successful airline we see today. I met the three executives on Tuesday, 16 November 2004, and at that meeting they explained their position and the reasons for their resignations. I do not propose to go into the detail of that meeting as it is a matter for the executives themselves to decide whether they wish to provide such information publicly.

Of course, the chairman and board of Aer Lingus are charged with ensuring the ongoing orderly management of the business and I have every confidence in them fulfilling this role, notwithstanding these resignations. Resignation of top management is nothing new in business nor is it the first time to happen in Aer Lingus. Clearly, the board will ensure that replacements for the top management team are recruited as quickly as possible. It would be preferable if such replacements could take office before next May. I met the acting chairman, Mr. John Sharman, on 18 November 2004 to discuss this matter and clarify the arrangements for the replacement of the three senior executives.

The recruitment of the chief executive officer is solely a matter for the board of Aer Lingus and I have no function in this regard. In that context, the board of Aer Lingus, at its meeting on Monday last, 29 November 2004, decided to commence the process of recruiting a new chief executive by establishing a sub-committee, comprising the chairman and two other non-executive directors, which is charged with identifying and recommending to the board the appointment of a replacement chief executive. In addition, all three resigning executives confirmed to the board their full commitment to working with the airline to ensure a smooth transition to their replacements.

In addition to commencing the recruitment process for a new chief executive, the board reiterated the need for the complete and early implementation of the business plan to address competitive pressures and build on progress to date. Implementation of the plan is crucial so that the airline can position itself to respond in a timely manner to changing market conditions and to take advantage of future growth opportunities so as to ensure its viability in the future.

Road Network.

David Stanton

Ceist:

64 Mr. Stanton asked the Minister for Transport if he has been in communication with or intends to communicate with the National Roads Authority and local authorities to discuss the need to ensure that roads and footpaths are accessible for those with mobility and sensory impairments; his further plans in this regard; and if he will make a statement on the matter. [32386/04]

Minister for Transport (Mr. Cullen)

The planning, design and implementation of national road improvement projects is a matter for the National Roads Authority, NRA, and the relevant local authority.

National roads are predominantly outside built up areas and, accordingly, the need to ensure that roads and footpaths are accessible for the mobility and sensory impaired does not normally arise in such circumstances. The NRA's design manual for roads and bridges also includes guidelines for national roads within urban areas. These require that particular attention be given to the needs of mobility and sensory impaired persons in the planning and construction of road works generally and, in particular, where pedestrian crossing facilities are being provided.

The guidelines require local authorities to take special care so as to avoid steep or irregular gradients or sharp changes in the alignment of footpaths, which might prove deceptive to visually impaired persons. Local authorities are also required to ensure that "dished" kerbs are provided and that wheelchair ramps, constructed of non-slip material, are provided at pedestrian crossing points, where possible. In addition, local authorities have been asked to consider reserving on-street car parking spaces for mobility impaired drivers.

National Car Test.

Kathleen Lynch

Ceist:

65 Ms Lynch asked the Minister for Transport the terms and remit of the review of the national car testing scheme to begin in early 2005; if his attention has been drawn to certain criticisms of the car testing scheme that it is merely a money-making exercise; the elements of the test which will be reviewed; and if he will make a statement on the matter. [32332/04]

Minister of State at the Department of Transport (Mr. Callely)

The car testing contract between the Minister and National Car Testing Service Limited, NCTS, provides for a mid-term review by the Minister after the mid-point of the contract, which will occur in January 2005. The review will be carried out by the Department in conjunction with the supervision services contractor, which monitors the performance of NCTS on behalf of the Minister.

The detailed terms of the review are not yet finalised. However, it will involve a review of the performance of NCTS and will address a range of strategic issues, including the content of the test, the quality of service provided and the location and number of test centres. An important element of the review will be a public consultation process whereby motorists and the public will be able to raise any matter relating to the service for consideration in the review.

State Airports.

Willie Penrose

Ceist:

66 Mr. Penrose asked the Minister for Transport the proposals which have been made for the future of the Great Southern Hotel Group in the context of the break-up of Aer Rianta; and if he will make a statement on the matter. [32357/04]

Willie Penrose

Ceist:

78 Mr. Penrose asked the Minister for Transport the position with regard to the break up of Aer Rianta and the operation of the three new airport authorities; and if he will make a statement on the matter. [32355/04]

Simon Coveney

Ceist:

93 Mr. Coveney asked the Minister for Transport the estimated cost of the redevelopment of Cork Airport; if his attention has been drawn to the current cost estimate of the project; and if he will make a statement on the matter. [32037/04]

Minister for Transport (Mr. Cullen)

I propose to take Questions Nos. 66, 78 and 93 together.

In keeping with the provisions of the State Airports Act 2004, the newly appointed board of the Dublin Airport Authority has a statutory mandate to do everything necessary to give effect to the restructuring of the State airports. The new Shannon and Cork airport authorities have also been incorporated and, in line with the framework provided by the State Airports Act 2004, these two new authorities will, in due course, own and operate their respective airports once sufficient distributable reserves are available to transfer the relevant assets.

Prior to the assets of Shannon and Cork airports being vested in their respective authorities, their boards are charged with preparing to assume full responsibility for the management and development of their airports. They are also empowered to undertake functions delegated to them, on an agreed basis, by the Dublin Airport Authority and the three airport authorities are currently discussing the scope and scale of such delegated functions. Each of the airport authorities is also required to prepare a comprehensive business plan for their airport for consideration by myself and the Minister for Finance.

In accordance with the 2004 Act, the transfer of assets to Shannon and Cork airport authorities cannot take place earlier than 30 April 2005 and, thereafter, a phased approach will allow one of the new airport authorities to be vested first, that is, Shannon Airport, while Cork Airport will be vested once sufficient distributable reserves have been built up within the Dublin Airport Authority. Both I and the Minister for Finance must be satisfied as to the state of operational and financial readiness of the Shannon and Cork airport authorities before the assets of the airports are vested in those authorities. The formulation over the next few months of comprehensive business plans by the new boards will be a key aspect of achieving operational and financial readiness.

In furtherance of Dublin Airport Authority's new role, the position of its principal subsidiaries, including the Great Southern Hotels Group, must be considered by the authority itself in the first instance and then by me. I expect, therefore, that the business plan of the Dublin Airport Authority will indicate the board's proposals for the future of the hotels group.

I am confident that the new boards of the three airport authorities will successfully meet the challenges ahead. Through more focused commercial operation, all three airports can play a greater role in stimulating and supporting regional and national economic activity to the benefit of their customers, both airlines and passengers, and of Irish tourism, trade and industry. In this regard, I again pay tribute to the board of the new Shannon Airport Authority and the staff at the airport for their recent success in securing Ryanair's 12th European base at Shannon Airport. This is a major economic boost for the region and a vote of confidence for the future.

As regards Cork Airport, work is proceeding on the major new terminal development and associated infrastructure which will position the airport to cater for continued growth in air services and passengers. I am informed by the airport authorities that the contract price for this major development amounts to approximately €153 million with provision for variations. The Dublin Airport Authority, the Cork Airport Authority, the project managers and the contractor have a framework in place for monitoring the project and the Dublin and Cork airport authorities are reviewing the estimated costs to completion.

Finally, in all these matters the boards and management of the three State airports will continue to engage constructively with the staff of the airports and their trade unions.

Road Safety.

John Gormley

Ceist:

67 Mr. Gormley asked the Minister for Transport if he has plans to legislate for the mandatory use of daytime running lights outside built-up areas in view of the experience in other countries in which this measure has yielded a significant reduction in certain types of accident. [32399/04]

Minister of State at the Department of Transport (Mr. Callely)

The European Commission is currently considering how best to implement daytime running lights, DRL, following the comprehensive study of the matter carried out on its behalf by the Dutch SWOV and TNO and the Norwegian institute for traffic studies. I will await the outcome of the Commission's consideration of the matter before making any decision regarding DRL in Ireland.

Driving Tests.

Olivia Mitchell

Ceist:

68 Ms O. Mitchell asked the Minister for Transport if he intends to give additional funding to that granted in the 2005 Estimates for driver testing, in view of the anticipated establishment of the Driver Testing and Standards Authority in 2005; and if he will make a statement on the matter. [32030/04]

Minister for Transport (Mr. Cullen)

The Driver Testing and Standards Authority Bill 2004, which provides for the establishment of the Driver Testing and Standards Authority, has commenced Second Stage in the Dáil. The process of appointing a chief executive officer has commenced and I anticipate that an appointment will be made early in 2005. The establishment of the authority will be based, in the first instance, on the current staffing structure having regard to Government policy on staff numbers. Additional costs arising from the appointment of the CEO have been provided for.

My officials will consult in due course with the Department of Finance about the appropriate annual budget for the authority to enable it to meet its objectives when it is established on a statutory basis.

Road Safety.

Olwyn Enright

Ceist:

69 Ms Enright asked the Minister for Transport if he has considered issuing national guidelines (details supplied) to ensure that major national routes do not remain closed for up to ten hours as was the case following a recent accident; and if he will make a statement on the matter. [32043/04]

Minister for Transport (Mr. Cullen)

The management of traffic following accidents on national roads is a matter for the Garda and the relevant local authority. I have no plans to issue guidelines for the management of traffic following accidents on national roads.

Air Services.

Richard Bruton

Ceist:

70 Mr. R. Bruton asked the Minister for Transport his plans to encourage or promote air links between Ireland and Asia; and if he will make a statement on the matter. [32041/04]

Minister for Transport (Mr. Cullen)

My Department has negotiated and signed a number of air transport agreements with countries in Asia and the Middle East. In the coming year my officials will hold negotiations with officials from Bahrain and are confident that these will lead to the signing of an agreement. These agreements provide the regulatory framework within which air services can be provided.

While the decision as to whether to operate on a particular route is a commercial one for the airlines concerned, my Department takes every opportunity in its contacts with airlines to encourage the commencement of new international services.

Driving Tests.

Eamon Gilmore

Ceist:

71 Mr. Gilmore asked the Minister for Transport the reason driving testers no longer have to examine tax discs on car windscreens to see if they are valid; his views on whether such a measure allows learner drivers to escape paying relevant motor tax; and if he will make a statement on the matter. [32325/04]

Minister for Transport (Mr. Cullen)

Under the Road Traffic Acts the role of a driver tester is to assess the driving competency of candidates presenting for a driving test. A driver tester has no enforcement function regarding the validity of motor tax discs and is not empowered to refuse to conduct a test on the basis of an invalid tax disc. This position has been confirmed by legal advice from the Office of the Attorney General. The enforcement of motor tax law is a matter for the Garda Síochána.

The average waiting time for a driving test for each driving test centre at 29 November 2004 will be tabulated and forwarded to the Deputy as soon as possible. My Department is in communication with the Department of Finance regarding measures to reduce the backlog of driving test applicants, including the recruitment of additional driver testers.

Question No. 78 answered with QuestionNo. 66.

Regional Airports.

Bernard Allen

Ceist:

79 Mr. Allen asked the Minister for Transport his position regarding the recent expansion proposals submitted by management at Knock Airport; and if he will make a statement on the matter. [32036/04]

Minister for Transport (Mr. Cullen)

The programme for Government provides for the continued support of the six regional airports and my Department provides a range of financial mechanisms in support of this objective. Knock Airport benefits considerably through a range of direct and indirect support mechanisms, namely, capital grant assistance towards essential infrastructural improvements under the BMW regional operational programme of the national development plan, NDP; the allocation of assistance towards marketing, safety and security related expenditure incurred by the airport and scheduled flights supported by the PSO programme.

Under the NDP capital measure, my Department has provided €2.337 million in grant aid towards essential infrastructural improvements at the airport since December 2001. The primary purpose of the NDP measure is to provide grant assistance to facilitate the continued safe and viable operations at the airport. As to the recent expansion plans submitted by the airport company, I will evaluate those in light of the existing approach to grant assistance to regional airports. I am currently considering a further round of projects under the measure and I hope to be in a position to announce allocations shortly.

In recognition of the role that the airport can play in stimulating more balanced economic development for the north west, my Department will continue to assist Knock Airport as it develops into the future. However, any capital expenditure allocation of Exchequer funding to Knock and the other regional airports will be in line with the existing policy of prioritising those projects that are required for safety and security reasons.

Question No. 80 answered with QuestionNo. 54.

Public Private Partnerships.

Phil Hogan

Ceist:

81 Mr. Hogan asked the Minister for Transport his proposals to deal with the problem identified by the Construction Industry Federation which the federation views as a barrier to its effective participation in public private partnerships; and if he will make a statement on the matter. [32032/04]

Minister for Transport (Mr. Cullen)

I am aware of the review carried out by Mr. Cormac O'Rourke, on behalf of the Construction Industry Federation, regarding public private partnerships, PPPs, in Ireland. Consideration of the findings and recommendations of the review is a matter for the Minister for Finance in the context of overall PPP policy and practice.

Road Safety.

Thomas P. Broughan

Ceist:

82 Mr. Broughan asked the Minister for Transport if he has plans to introduce legislation requiring that large trucks be fitted with extra mirrors to allow drivers see the area immediately in front and below them; his views on whether such a requirement would give drivers a better view of pedestrians and cyclists approaching from the sides of these vehicles and thus reduce accidents and fatalities; and if he will make a statement on the matter. [32303/04]

Minister of State at the Department of Transport (Mr. Callely)

Developments at EU level will result in new heavy goods vehicles, HGVs, having to comply with higher standards regarding the fields of vision of drivers. In November 2003, the EU adopted Directive 2003/97/EC, which provides for an extension of the field of vision so as to address the issue of blind spots. The directive harmonises the rules relating to the type-approval of devices for indirect vision, including mirrors and camera monitors, on motor vehicles and of vehicles equipped with these devices. These enhanced requirements should lead to a reduction in fatalities and serious injuries involving pedestrians and cyclists due to the driver's inadequate field of vision.

The directive requires all new HGVs entering into service from 26 January 2007 to meet the revised standards for field of vision set in the directive. Subject to practical engineering constraints and the agreement of the European Commission, it is my intention to also require existing vehicles of the types covered by the directive to be retrofitted with the necessary mirrors and/or cameras and monitors.

Question No. 83 answered with QuestionNo. 63.

Traffic Management.

Joe Sherlock

Ceist:

84 Mr. Sherlock asked the Minister for Transport the consideration he has given to the establishment of a traffic warden or police service in Dublin city for the purpose of ensuring the free flow of traffic; his views on whether this would be most appropriately provided by non-Garda personnel; and if he will make a statement on the matter. [32370/04]

Minister of State at the Department of Transport (Mr. Callely)

The primary enforcement role under road traffic legislation is vested in the Garda Síochána. In addition to the gardaí, traffic wardens appointed under the Local Authorities (Traffic Wardens) Act 1975 can exercise powers for the enforcement of parking offences and the detection of out of date motor tax discs on parked vehicles. Local authorities may also engage authorised persons, such as the providers of vehicle clamping and vehicle tow away services, to enforce parking regulations.

The Minister for Justice, Equality and Law Reform and the Minister for Transport recently announced the establishment of a new Garda traffic corps, with the deployment of 1,200 gardaí to traffic duties over the next three years. The corps will have responsibility for both enforcement and dealing with traffic congestion. Establishment of the traffic corps will be facilitated by the recent Government decision to authorise the recruitment of 2,000 extra gardaí over the next three years.

Over the last two years we have looked at policing in other countries to determine how best to progress the proposal to create a traffic corps. That process has involved the consideration of issues relating to the role and make up of a proposed corps, as well as an examination of the situation in other states. The question of the involvement of civilians was considered. In a small number of countries, civilians or "non-executives" get special training to assist in enforcement. However, their powers are limited and only police officers have the power to stop an alleged offender. It is, therefore, considered that the best option is to establish a Garda traffic corps with full Garda powers.

Furthermore, Operation Freeflow, which runs until Friday, 7 January 2005, was officially launched last week. Operation Freeflow involves the Garda Síochána and the Dublin Transportation Office in close co-operation with local authorities and transportation service providers. Under Operation Freeflow, an additional 150 gardaí will be redeployed to the Dublin region to boost traffic resources. More than 100 traffic black spots have been identified throughout the city and will be targeted for attention.

Question No. 85 answered with QuestionNo. 63.

Rail Network.

Brendan Howlin

Ceist:

86 Mr. Howlin asked the Minister for Transport the position with regard to proposals for a rail link to Dublin Airport; if both a metro and a DART spur off the Howth line are under consideration; when a decision is likely to be made on an airport rail link; and if he will make a statement on the matter. [32329/04]

Minister for Transport (Mr. Cullen)

The programme for Government contains a number of commitments for the further development of the rail network and includes a specific commitment to develop a metro for Dublin, with a link to Dublin Airport.

Arising from the programme, the Railway Procurement Agency has submitted to my Department a detailed business case for a metro from the city centre to Dublin Airport while Iarnród Éireann submitted to my Department in July last proposals for an integrated rail network in the greater Dublin area. These proposals include the electrification of the Kildare and Maynooth lines, an interconnector tunnel linking Heuston Station to the docklands to enable greater integration of rail services and a DART spur off the northern DART line to the airport.

I expect the Government to consider these various proposals shortly, in the context of the developing needs of public transport in the greater Dublin area, the framework outlined in the Dublin Transportation Office, Platform for Change, and the extended ten year multi-annual capital investment envelope for transport announced by the Minister for Finance in his Budget Statement.

Road Safety.

Seán Crowe

Ceist:

87 Mr. Crowe asked the Minister for Transport when he expects to have introduced the long-promised road safety measures. [32127/04]

Pat Rabbitte

Ceist:

91 Mr. Rabbitte asked the Minister for Transport the number of persons killed and injured in road traffic accidents to date in 2004; the way in which this compares with 2003; the steps he intends to take to cut road fatalities and injuries; and if he will make a statement on the matter. [32365/04]

Minister for Transport (Mr. Cullen)

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

Statistics relating to road accidents, based on information provided by the Garda Síochána, are published by the National Roads Authority in its annual road accident facts reports. The most recent report is in respect of 2002 and that report, along with reports relating to previous years, is available in the Oireachtas Library.

Provisional figures for the number of road deaths to the end of November 2004 show that there were 344 fatalities compared with 315 — an increase of 29 — for the same period last year. Last year saw the lowest number of road deaths in 40 years with 336 deaths. Unfortunately, we have now surpassed the number of road users killed in 2003 and there are still another four weeks before year end.

The number of injuries resulting from road traffic collisions in 2003 have not yet been fully analysed and authenticated and will be available when the road accident facts 2003 is published. Over the lifetime of the first road safety strategy 1998 — 2002, the number of injuries decreased considerably with the 20% reduction target significantly surpassed by the end of 2002. It is worth noting that, despite the increase in road deaths this year compared to last year, the number of road deaths in the first 11 months of this year is the second lowest figure since 1998, which was the first full year of the first road safety strategy.

The Government strongly pursued the implementation of its first strategy for road safety 1998 — 2002. The strategy prioritised a systematic and co-ordinated set of measures for preventing and reducing road accidents. The road safety strategy also provided for the implementation of a penalty points system in support of road safety enforcement. Penalty points have been introduced for speeding offences since the end of October 2002 and have since been introduced for not wearing a seat, driving without insurance and careless driving.

By the end of the period of the first strategy almost all of the measures set out were either fully or partially implemented. During the intervening period between the completion of the first strategy and the introduction of the new strategy, my Department and all the agencies concerned with the implementation of road safety measures ensured that the successful measures brought forward under the road to safety continued to be implemented.

The primary target of the new Government strategy on road safety is to realise a 25% reduction in road collision fatalities by the end of 2006 over the average annual number of fatalities in the 1998 to 2003 period. Achievement of the target will result in no more than 300 deaths per annum by the end of the period of the strategy and will assist in the achievement of the longer term EU target of a 50% reduction in road deaths across the EU by 2010.

To support the development of the new strategy, a major independent review of the previous strategy was carried out by an international expert on road safety. His report, which has been used to inform the development of the new road safety strategy, confirms that basing the primary targets on the achievement of progress in the areas of speeding, drink-driving and seat belt wearing, was the correct approach. For that reason, these remain the key areas of the new strategy. It proposes a range of measures in the enforcement, engineering, education and legislation areas to target further reductions in deaths and injuries. An integrated strategic approach will ensure that the road safety agencies work together to achieve the targets set out in the new strategy.

In addition, initiatives will be pursued that will progress measures identified in the previous strategy in respect of which full implementation was not realised. This is particularly the case in respect of the achievement of the roll out of the penalty points system and the supporting fixed charge system. That will be facilitated by the early passage of the Road Traffic Bill 2004, which is due to be debated further in the House today.

Traffic Management.

Seán Crowe

Ceist:

88 Mr. Crowe asked the Minister for Transport the proposals he has to tackle the gridlocks on roads here, particularly coming up to the Christmas season. [32128/04]

Minister for Transport (Mr. Cullen)

The major investment being undertaken in the upgrade of the national road network is having a major beneficial impact on traffic flows throughout the country. A key objective of the upgrade programme is the elimination of bottlenecks through the provision of new routes bypassing towns and villages. Major projects completed in recent years, and which have contributed significantly to better traffic flow, include the upgrade of the M1, Kildare, Monasterevin, Cashel, Watergrasshill and Limerick Southern Ring Road bypasses on the N7/N8, Youghal bypass on the N25, Ballincollig bypass on the N22 and so forth.

In the greater Dublin area, a comprehensive plan has been put in place to manage and control the increase in traffic during the Christmas period. Operation Freeflow, which is now in its ninth year, was officially launched on Monday, 29 November 2004. The plan, which runs until Friday, 7 January 2005, was put together under the auspices of the Garda Síochána and the Dublin Transportation Office, in close co-operation with the local authorities and transportation service providers. This year's Operation Freeflow has been improved and extended to better manage the 10% increase in traffic volume that Dublin experiences throughout Christmas and the early part of the new year. It will ensure that traffic is managed in the most practical and efficient way possible during what is the busiest time of the year for businesses and shoppers alike.

State Airports.

Liz McManus

Ceist:

89 Ms McManus asked the Minister for Transport the reason the Government exempted US military aircraft from fees which apply to commercial flights for the use of Shannon Airport over the past two years; the amount the Government will pay to the Irish Aviation Authority in reimbursements following this exemption; and if he will make a statement on the matter. [32337/04]

Michael D. Higgins

Ceist:

92 Mr. M. Higgins asked the Minister for Transport if he has considered the implications for Irish foreign policy of allowing and subsidising the traffic of combatants through Shannon Airport for passage to, as described by the United Nations General Secretary, Mr. Kofi Annan, an illegal war; and if he will make a statement on the matter. [30074/04]

Minister for Transport (Mr. Cullen)

I propose to take Questions Nos. 89 and 92 together.

The use of Shannon Airport by US military forces is a longstanding practice which has been in place for several decades, a period which has covered many crises and military confrontations, several of which involved the US taking military action without specific UN endorsement, for example, Kosovo. We have never withdrawn or suspended those facilities. Foreign military aircraft using the State airports pay the appropriate airport charge to each airport authority.

The Irish Aviation Authority, IAA, provides air traffic control and communications services to aircraft which pass through Irish controlled airspace, en route, and aircraft landing and taking off from Irish Airports, terminal. Only a small proportion of military flights through Irish administered airspace actually pass through Irish sovereign airspace. Irish administered airspace covers 135,000 square miles, of which 32,000 square miles is sovereign airspace.

Under a Eurocontrol — European Organisation for the Safety of Air Navigation — multilateral agreement to which Ireland is a party, various categories of flights, that is, flights under visual flight rules, flights performed by small aircraft, flights performed for the transport of heads of state and search and rescue flights, are exempt from paying en route charges. In the case of other categories, that is, military flights, training flights, flights performed to test air navigation equipment and circular flights, states have the option to exempt such flights from payment of the en route charge. In common with most Eurocontrol member states, Ireland exempts all such flights, including military flights of member states of Eurocontrol, United States and Canada, from payment of the en route charge and this arrangement has applied since Ireland joined the Eurocontrol en route charging scheme in the early 1970s. Due to this arrangement, the IAA costs relating to military flights are met from my Department’s Vote.

From information received from Eurocontrol, it is understood that Austria, Finland, Switzerland and Moldova do not at present grant exempted status to US military flights. However, my Department understands that invoices issued by the above states to the US authorities in respect of military flights have not been paid.

Ireland also exempts military aircraft flights from payment of the communications charge and the IAA costs relating to those charges are also met from my Department's Vote. Efforts to collect this charge in the early 1990s were unsuccessful and, following advice from the Attorney General, debts then outstanding were written off with the agreement of the Department of Finance and a decision taken to cease charging the communications fee to military aircraft.

A total of €6.1 million, not including VAT, has been paid to the IAA between January 2003 and September 2004 for both en route and communications charges in respect of all exempted traffic. US military flights account for approximately 90% of the total, amounting to €5.5 million.

With regard to the terminal charge for air traffic control services for military aircraft, this is a matter for the Irish Aviation Authority. The United States and Canadian military authorities have refused to pay the authority and other air navigation service providers of Eurocontrol member states as they contend that the 1944 Chicago Convention is applicable only to civil aircraft and that this automatically implies an exemption for state and military aircraft from air navigation fees.

Road Safety.

Dan Boyle

Ceist:

90 Mr. Boyle asked the Minister for Transport if he has plans to follow the Australian example and publish details of the makes and models of cars involved in serious and fatal accidents in order that consumers can make informed choices when buying a new car. [32392/04]

Billy Timmins

Ceist:

119 Mr. Timmins asked the Minister for Transport if he has any classification of national roads based on a comparative level of danger; and if he will make a statement on the matter. [32407/04]

Paul McGrath

Ceist:

195 Mr. P. McGrath asked the Minister for Transport the number of fatalities and serious injuries which have resulted from road traffic accidents on motorways and dual carriageways, respectively, caused by vehicles crossing over the centre median and crashing into oncoming traffic. [32050/04]

Minister for Transport (Mr. Cullen)

I propose to take Questions Nos. 90, 119 and 195 together.

Statistics relating to road accidents, based on information provided by the Garda Síochána, are published by the National Roads Authority in its annual road accident facts reports. The most recent report is in respect of 2002 and that report, along with reports relating to previous years, is available in the Oireachtas Library. Data relating to the makes and models of cars involved in serious and fatal accidents are not included in the reports.

Analysis of factors contributing to accidents in 2002 indicates that behaviour of drivers, 86%, and pedestrians, 9.7%, are the key contributory factors, whereas vehicle defects were identified as contributory factors in only 0.3% of fatal and serious injuries accidents. The contribution of vehicle defects to road accidents has significantly reduced on foot of design improvements and the introduction of the national car test in 2000. The road accident reports include data relating to the number of fatalities and serious injuries on each of the national routes and motorways. The 2002 report shows that 72% of fatal accidents occurred on rural roads and 28% occurred on urban roads. A total of 43% of all fatal accidents in 2002 occurred on national roads.

Analysis of road accident data clearly establishes that the risk of being involved in a road accident is much lower on motorways than on either dual carriageways or single carriageways. The risk of being involved in a fatal accident on a single carriageway road is approximately seven times greater than on a motorway. The NRA has confirmed that median barriers are provided on all new motorway and dual carriageway roads. In addition, median barriers are being retrofitted on all existing motorway and dual carriageway roads and this work is expected to be completed by mid-2005.

In the case of the M50, it had been intended by the NRA that median barriers would be provided in the context of the upgrade project which is due to get underway, subject to An Bord Pleanála approval, on a phased basis in late 2005 for phase 1 and in 2006 for phase 2. However, in light of the recent crossover accident on the M50, in which a young woman tragically lost her life, the NRA is now considering the options for providing median barriers in advance of the M50 upgrade. The NRA has been asked to inform my Department of the outcome of its considerations on this matter as soon as possible.

Question No. 91 answered with QuestionNo. 87.

Question No. 92 answered with QuestionNo. 89.

Question No. 93 answered with QuestionNo. 66.

Driving Licences.

Jan O'Sullivan

Ceist:

94 Ms O’Sullivan asked the Minister for Transport the number of provisional driving licence holders driving on roads here at the latest date for which figures are available; the efforts he is making to reduce the number of provisional driving licence holders who are driving on the roads; and if he will make a statement on the matter. [32352/04]

Minister for Transport (Mr. Cullen)

The Department of the Environment, Heritage and Local Government, which holds and administers the national driver file on which driving licence records are held, has advised that there were 380,991 provisional licences current at 30 September 2004.

The Government's strategy for road safety 2004 to 2006 identified speed, seat belt wearing, driving while intoxicated, engineering measures and vulnerable road users as being the key priority areas to be addressed over the coming years in terms of yielding road safety benefits. As regards legal changes to enhance road safety, the strategy states that driver licensing regulations will be amended to discourage long-term reliance on provisional licences. I will consider what amendments should be made in this regard.

Departmental Reports.

Trevor Sargent

Ceist:

95 Mr. Sargent asked the Minister for Transport the involvement he has taken in the preparation of the report of the national task force on obesity, due to be published in January 2005; and his views on the notion that policy should be obesity proofed to ensure that decisions taken by separate Departments do not contribute to weight problems in society. [32401/04]

Minister for Transport (Mr. Cullen)

The Department of Health and Children has policy responsibility for this matter. It consulted with my Department in the normal manner earlier this year and requested a submission. In response to its request, my Department provided it with material on a range of relevant transport issues.

Road Safety.

Róisín Shortall

Ceist:

96 Ms Shortall asked the Minister for Transport if his attention has been drawn to recent statistics from the National Roads Authority that more than half of all children being driven to school are not wearing seat belts; if he has plans to address this situation, which contributes to fatalities in road accidents; and if he will make a statement on the matter. [32324/04]

Minister for Transport (Mr. Cullen)

The 2003 survey was the first time that the wearing of seat belts by children was specifically measured in the NRA surveys on seat belt wearing. The survey found that front seat belt wearing rates averaged 68% for primary school children and 62% for those attending secondary school. The figures for rear seat belt wearing by primary and secondary school children were 48% and 44% respectively. This report provides a useful baseline to measure the effectiveness of a number of initiatives designed to increase seat belt wearing.

Under road traffic law, the driver of a vehicle is obliged to ensure that every passenger under 17 years of age is restrained by a seat belt or child restraint, as appropriate. A driver failing to comply with this requirement faces a fine up to €800 and up to four penalty points. The road safety strategy 2004 to 2005 provides that the gardaí will address the question of wearing of seat belts when they have an interaction with a driver.

Ceist:

220 Mr. Durkan asked the Minister for Transport his priorities for the expansion of the commuter rail network; and if he will make a statement on the matter. [32544/04]

Minister for Transport (Mr. Cullen)

I propose to take Questions Nos. 97, 101, 104, 113, 215 and 220 together.

I refer the Deputy to my reply to Question No. 50 which I answered earlier. To provide an integrated rail network in the greater Dublin area, Iarnród Éireann submitted proposals to my Department in July 2004 for a €3.5 billion investment for the following: to four-track the Kildare line; electrification of the Kildare and Maynooth lines; an interconnector tunnel linking Heuston to the docklands; a spur off the Maynooth line to Dunboyne; expanding the capacity of the DART. The Iarnród Éireann proposals are being assessed by my Department at present, although in the case of the DART the capacity of the system is being increased.

In addition, the Railway Procurement Agency has submitted to my Department a detailed business case for a metro from the city centre to Dublin Airport and is advancing plans for extension of the Luas to the docklands and Cherrywood. The Department is awaiting business plans from the RPA to assist in its evaluation of both Luas extensions. The RPA has also considered a preliminary analysis of the feasibility and cost of linking both Luas lines in the city centre and a more detailed proposal is now being prepared for consideration by the RPA board before its submission to my Department.

Overall, the various proposals are being considered in the context of the developing needs of public transport in the greater Dublin area, the framework outlined on the Dublin Transportation Office, Platform for Change, the recently adopted regional planning guidelines for the greater Dublin area and the extended ten year multi-annual capital investment envelope for transport announced by the Minister for Finance in his Budget Statement.

Road Safety.

Pat Breen

Ceist:

98 Mr. P. Breen asked the Minister for Transport the steps he intends to take to encourage compliance with speed limits by drivers of articulated vehicles, in view of a recent report by the NRA, Free Speeds Urban and Rural and Seat Belt Wearing Rates 2003, which highlighted this as a significant problem; and if he will make a statement on the matter. [32034/04]

Minister for Transport (Mr. Cullen)

The recently published road safety strategy 2004 — 2006 highlights excessive speed as one of the main contributory factors in road collisions. The strategy sets specific targets for reductions in the incidence of speeding and incorporates commitments by the Garda for the achievement of specific levels of enforcement for speeding.

The National Roads Authority, NRA, has published the results of national speed surveys which have been carried out in 1997, 1999, 2002 and 2003. The most recent results relate to the 2003 survey. The 2003 report, which presents data relating to heavy goods vehicles generally, shows that while the incidence of articulated vehicles exceeding speed limits has increased in respect of certain road types and locations, it has reduced in respect of others. A speed limit of 50 miles per hour, mph, applies in respect of all goods vehicles having a design gross weight exceeding 3,500 kilograms, subject to the requirement that such vehicles must comply with lower road speed limits, that is, 30 mph or 40 mph, where these limits apply. Thus, the speed limit of 50 mph represents the maximum speed at which the vehicles in question may be driven. The offence of breaching a speed limit attracts four penalty points on conviction or two penalty points where a fixed charge is paid.

Other regulatory measures that apply or are due to be introduced shortly focus on the speed of goods vehicles. At present, in accordance with the Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) Regulations 1993, which gives effect to Directive 92/6/EEC relating to speed limiters in vehicles, goods vehicles having a design gross vehicle weight over 12,000 kilograms are required to be fitted with speed limiters so that their speed cannot exceed 90 kilometres per hour. This is equivalent to 55.935 miles per hour.

In accordance with Directive 2002/85/EC, the requirement to have speed limiters fitted is being extended to further categories of vehicles. All goods vehicles having a design gross vehicle weight over 3,500 kilograms, which are registered on or after 1 January 2005, will require speed limiters so that their speed cannot exceed 90 kilometres per hour. I expect to be in a position to give effect to the directive's requirements shortly through the making of regulations under the Road Traffic Act 1961. The annual roadworthiness test for vehicles requiring speed limiters includes a check to establish whether such a device is fitted and functioning correctly.

The 1993 regulations provide that it is an offence to use a vehicle not equipped with speed limitation device, an offence to use a vehicle equipped with speed limitation device not complying with specified requirements and that it is an offence to use a vehicle equipped with speed limitation device not sealed in compliance with specified regulations. The offences relating to speed limitation devices will be the subject of fixed charges and penalty points.

The enforcement of road traffic legislation, including speed limits and regulations relating to the fitment and operation of speed limiters, is a matter for the Garda Síochána. The Deputy will be aware that my colleague, the Minister for Justice, Equality and Law Reform, and I recently announced the establishment of a dedicated traffic corps which will involve significantly increasing the numbers of gardaí allocated to traffic duties, from approximately 530 now to 1,200 by 2008.

Road Traffic Offences.

Joe Sherlock

Ceist:

99 Mr. Sherlock asked the Minister for Transport the proposed schedule for the addition of the remaining traffic offences to the penalty points system; and if he will make a statement on the matter. [32369/04]

Minister for Transport (Mr. Cullen)

The penalty points system applies in respect of the offences of breaching a speed limit, motor insurance, the failure of a driver to wear a seat belt or to ensure that a passenger under 17 years of age are appropriately restrained in a mechanically propelled vehicle, and careless driving. The full application of the penalty points system will be achieved when the relevant IT systems being developed by the Department of Justice, Equality and Law Reform and the Garda are completed.

Road Network.

Eamon Gilmore

Ceist:

100 Mr. Gilmore asked the Minister for Transport if he has plans to alter the procedures for planning appeals for the construction of major roads projects; his views on the opinion of the National Roads Authority that the authority should have more discretion on these appeals; if he has plans to reduce the public’s right to appeal against planning decisions facilitating the construction of major roads; and if he will make a statement on the matter. [27330/04]

Minister for Transport (Mr. Cullen)

The statutory procedures applying to the approval of motorway orders and environmental impact assessments required for major national road improvement projects are set out in the Roads Act 1993. I have no plans to alter these procedures or to alter the public's rights to object to motorway schemes or compulsory purchase orders or to make submissions on environmental impact statements to An Bord Pleanála.

Question No. 101 answered with QuestionNo. 97.

Regional Infrastructure.

Olivia Mitchell

Ceist:

102 Ms O. Mitchell asked the Minister for Transport if, in view of the recent announcement of the opening of a new container traffic route from Rotherham to Foynes port, he will increase funding to the transport networks into and out of the port; and if he will make a statement on the matter. [32029/04]

Minister for Transport (Mr. Cullen)

The planning, design and implementation of national road improvement projects, including the allocation of funding, is a matter for the National Roads Authority, NRA, and the local authorities concerned — in this case Limerick County Council. The local authorities, in their role as statutory road authorities, undertake the detailed planning of individual road projects, taking account of the overall policy on the national roads programme, local development plans and environmental impacts. The recent significant investment in pavement improvement on the N69 route will continue in future years and the Limerick southern ring road phase 2 incorporates an interchange for the N69 which will benefit the Port of Foynes.

The provision of a rail service to or from Foynes is a matter for Iarnród Éireann to consider. At present, the rail line between Limerick and Foynes is being maintained on a care and maintenance basis and no services have run on it for some time due to the absence of traffic. Iarnród Éireann has indicated that this new shipping service between Foynes and Rotterdam may result in the loss of some rail traffic that would be transported via another Irish port and have not identified, so far, any additional traffic offering for transport by rail.

Road Network.

Joan Burton

Ceist:

103 Ms Burton asked the Minister for Transport the anticipated date for the completion and the commissioning of the Dublin Port tunnel; and if he will make a statement on the matter. [32300/04]

Minister for Transport (Mr. Cullen)

The planning, design and implementation of national road improvement projects, including the Dublin Port tunnel, is a matter for the National Roads Authority, NRA, and the local authorities concerned — in this case, Dublin City Council. However, I understand from the NRA and Dublin City Council that construction of the port tunnel is expected to be completed in December 2005 and the tunnel will be open to traffic six to eight weeks later, following commissioning of the tunnel's operations and safety features.

Question No. 104 answered with QuestionNo. 97.

Taxi Regulations.

Seán Ryan

Ceist:

105 Mr. S. Ryan asked the Minister for Transport the reason for the delay in establishing the office of the taxi regulator; if his attention has been drawn to public concern regarding safety in taxis in the absence of any quality control; when this office will be fully staffed and fully operational; and if he will make a statement on the matter. [32368/04]

Minister for Transport (Mr. Cullen)

Following a competition for the post of Commissioner for Taxi Regulation 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 was held in 2004 and Mr. Ger Deering was recommended for appointment.

The Commission for Taxi Regulation was established as an independent public body under the Taxi Regulation Act 2003, with effect from 1 September 2004, and Mr. Deering took up his position as Commissioner for Taxi Regulation with effect from that date. In the immediate term, the commission has set about finding suitable office accommodation in Dublin, recruiting the requisite staff for the commission and putting in place an administrative system. The commission operates from temporary offices provided by my Department but it has identified suitable accommodation for its offices and the legal issues relating to the lease of this property are expected to be completed shortly.

The Commissioner for Taxi Regulation is supported by one staff member and it is hoped that a recruitment process for further support staff will be commenced in the near future. The commission is also at an advanced stage in the development of an information and communications strategy, procurement of a range of office technology, equipment and systems and the development of administrative procedures.

The principal function of the commission is the development and maintenance of a new regulatory framework for the control and operation of small public service vehicles and their drivers. The commission has already commenced a broad consultative process and, to inform its decisions and form a baseline for the development of key performance indicators for its work, the commission is initiating a review to assess the extent and quality of services currently provided by small public service vehicles and examine existing quality and safety regulations relating to small public service vehicles and their drivers. This review will include an examination of the current regulatory framework that applies to the licensing and operation of small public service vehicles.

Rail Services.

Ciarán Cuffe

Ceist:

106 Mr. Cuffe asked the Minister for Transport if he will consider introducing support mechanisms for rail freight transport such as exists in other European countries, for example, the direct subvention of rail freight or the provision of tax exemptions for every kilometre of road freight transport that is diverted to rail. [32395/04]

Minister for Transport (Mr. Cullen)

Iarnród Éireann has restructured its rail freight operations in recent times to refocus on the more profitable elements of rail freight and seek out new business in those areas where the rail mode is best suited to the traffic. I understand from the company that it has had some success in this regard and that its efforts are continuing. To date it has reduced the deficit on freight operations and has achieved this significant improvement by rationalising its network and handling costs as well as targeting the trainload business, such as pulpwood and point to point container traffic.

Iarnród Éireann receives significant funding annually from the Exchequer by way of capital grants and subvention towards operating expenditure. Such funding has been increasing annually in recent years and the company has succeeded in improving its overall financial performance.

The Irish Exporters Association and a number of interests involved in the freight sector have recently made representations to me suggesting the provision of subsidies to private sector business for using rail. While I have no additional funds at my disposal for the provision of subsidy for rail freight, I am considering these representations in the light of funding generally available for rail transport, the potential for the development of rail freight and taking into account EU requirements in the matter.

Rural Transport Initiative.

Ciarán Cuffe

Ceist:

107 Mr. Cuffe asked the Minister for Transport the budget for the rural transport initiative in 2004; and the projected budget for 2005. [32394/04]

Minister for Transport (Mr. Cullen)

In keeping with the funding allocation for previous years, €3 million was provided for the rural transport initiative, RTI, in 2004. Following a full appraisal of the initiative, which was completed in July this year, I recently extended the scheme for a further two years, to end 2006. This is in line with the principal recommendation of the appraisal.

I have increased the RTI allocation for 2005 to €3.45 million. This represents an increase of 15% over the 2004 total or more than 12% when account is taken of inflation effects. This increase will result in an overall funding commitment of more than €12 million for the RTI to end 2005, which is all the more impressive when it is borne in mind that a total of €4.4 million was provided for it when the initiative was first proposed in the national development plan.

While I am happy to allocate substantially increased funding to the rural transport initiative, I am keen to ensure that we get value for these financial resources. Accordingly, my officials will work with Area Development Management Limited, which administers the scheme, on ways in which the impact of this funding might be maximised in the light of the recent independent evaluation of the programme.

Road Safety.

Arthur Morgan

Ceist:

108 Mr. Morgan asked the Minister for Transport if he proposes introducing compulsory training for persons seeking a motorbike licence. [32130/04]

Minister for Transport (Mr. Cullen)

In the context of proposals for the upgrade of the M50, which will have a beneficial impact on traffic flows on and across the M50, a number of options relating to the operation and location of the toll booths and measures to optimise toll plaza performance are being considered including, in particular, the use of barrier free tolling. Legislative measures to support the introduction of barrier free road tolling are also currently under consideration within my Department.

Billy Timmins

Ceist:

118 Mr. Timmins asked the Minister for Transport if he, his officials or member of the gardaí, have discussions with the NRA with respect to the national roads which need to be upgraded; and if he will make a statement on the matter. [32406/04]

Minister for Transport (Mr. Cullen)

The strategic framework for the development of the national roads programme is set out in the National Development Plan 2000-06. The framework reflects inter alia the national roads needs study published by the National Roads Authority in 1998.

Ceist:

131 Ms Enright asked the Tánaiste and Minister for Health and Children the progress that has been made on a recommendation in the report of the task force on autism of October 2001 (details supplied); if such a recommendation has been carried out; the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [32261/04]

Olwyn Enright

Ceist:

132 Ms Enright asked the Tánaiste and Minister for Health and Children the progress that has been made on a recommendation in the report of the task force on autism of October 2001 (details supplied); if such a recommendation has been carried out; the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [32262/04]

Minister of State at the Department of Health and Children (Mr. T. O’Malley)

I propose to take Questions Nos. 120 to 132, inclusive, together.

In line with the recommendations of the report of the task force on autism, my Department has liaised with the Department of Education and Science in relation to the provision of the relevant health related support services. Between 1998 and 2004, €16 million was invested in the early intervention, pre-school and multi-disciplinary support services to enhance access to those services by children with autism and those with intellectual disability.

My colleague, the Minister for Finance, in his 2005 budget speech allocated a sum of €40 million for services to persons with an intellectual disability and those with autism. This new funding will provide 270 additional residential places, put in place approximately 90 extra respite places, provide around 400 new day places, improve specialist support services for people with major challenging behaviour and provide €2 million to meet costs associated with moving individuals to more appropriate placements. In addition, the Minister for Finance also announced on budget day a special disability multi-annual funding package with a total cumulative value of close to €900 million over the years 2006 to 2009. This funding is being dedicated now for the period until 2009 so as to ensure the delivery of these high priority disability services.

This package includes guaranteed additional cumulative current spending of almost €600 million. The Government has also agreed to allocate €300 million out of the revised capital envelope to these high priority disability services. The bulk of the new funding package will go to the health sector where it will be invested in services for persons with an intellectual disability and those with autism, services for persons with physical or sensory disabilities and mental health services. It will focus, in particular, on the provision of extra residential, respite and day places, extra home support and personal assistance, and extra places in community based mental health facilities.

Furthermore, a strategic review of disability services is currently being conducted by my Department. The various recommendations in the report will be considered in the course of this review.

Ambulance Service.

Paul Kehoe

Ceist:

133 Mr. Kehoe asked the Tánaiste and Minister for Health and Children if he will clarify the different system in place between the Dublin fire brigade service and the other non-Dublin fire services in relation to the ambulance service and the contract with the Eastern Health Board. [32318/04]

Tánaiste and Minister for Health and Children (Ms Harney)

Responsibility for the provision of ambulance services 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.

Hospital Waiting Lists.

I intend to bring a motion before the Oireachtas shortly seeking approval for the ratification by Ireland of the Framework Convention on Tobacco Control. The convention is an initiative of the World Health Organisation in response to the global epidemic of tobacco addiction. The treaty, which was adopted unanimously by the World Health Assembly in May 2003 and signed by Ireland in September 2003, provides an agreed approach to tobacco control at a global level. This will be the first binding international treaty that addresses all aspects of tobacco control — the traditional health interventions such as advertising and sponsorship bans, passive smoking and retail licensing. It also addresses economic and trade issues including taxation policy, international trade and smuggling. Other areas include product specification and issues of compensation and liability. Ireland is a strong advocate of effective tobacco control policies and of the framework convention on tobacco control and has consistently pressed these policies nationally and internationally to protect public health and reduce deaths from tobacco related illness.

To enable the treaty to come into force ratification by forty states is necessary and this figure was achieved recently. Ireland is committed to effective tobacco control policies. Our smoke-free workplace initiative which commenced earlier this year has drawn favourable comment from public health authorities around the world as an effective public health instrument in tackling the negative health effects of tobacco smoking. A number of other jurisdictions are using the Irish experience as a basis for similar type health interventions.

Health Board Services.

James Breen

Ceist:

141 Mr. J. Breen asked the Tánaiste and Minister for Health and Children, further to Question No. 262 of 6 October 2004, when this Deputy will receive a reply from the Mid-Western Health Board; and if she will make a statement on the matter. [32175/04]

Minister of State at the Department of Health and Children (Mr. T. O’Malley)

The provision of health related services, including speech and language therapy, is a matter for the Eastern Regional Health Authority and the health boards in the first instance. Accordingly, a copy of the Deputy's question has been referred to the chief executive officer of the Mid-Western Health Board with a request that he examine the case and reply directly to the Deputy as a matter of urgency.

Disabled Drivers.

Health Board Staff.

John Deasy

Ceist:

145 Mr. Deasy asked the Tánaiste and Minister for Health and Children the reason an appointment has not been made by the South Eastern Health Board to the position of senior area medical officer; and if she will make a statement on the matter. [32420/04]

Tánaiste and Minister for Health and Children (Ms Harney)

This is a matter for the South Eastern Health Board and has therefore been forwarded to the chief executive officer for direct reply.

Health Board Allowances.

Michael Ring

Ceist:

146 Mr. Ring asked the Tánaiste and Minister for Health and Children when arrears of the blind welfare allowance (details supplied) will issue; and if she will make a statement on the matter. [32421/04]

Minister of State at the Department of Health and Children (Mr. T. O’Malley)

My Department has provided additional funding to the health boards for 2004 to cover the costs associated with the payment of arrears in respect of the blind welfare allowance circular 4/79.

Hospitals Building Programme.

Tony Dempsey

Ceist:

147 Mr. T. Dempsey asked the Tánaiste and Minister for Health and Children when a builder will be appointed for a project (details supplied). [32422/04]

Tánaiste and Minister for Health and Children (Ms Harney)

It is hoped to progress this development in the context of the health capital investment framework 2004-2008 in line with overall capital and revenue resources available under the framework.

Health Board Services.

Pat Breen

Ceist:

148 Mr. P. Breen asked the Tánaiste and Minister for Health and Children when a person (details supplied) in County Clare will receive a hearing aid from the Mid-Western Health Board in Ennis, County Clare; and if she will make a statement on the matter. [32443/04]

Tánaiste and Minister for Health and Children (Ms Harney)

Responsibility for the provision of audiology services to eligible persons in County Clare rests with the Mid-Western Health Board. My Department has asked the chief executive officer to investigate the matter raised by the Deputy and to reply to him directly.

Hospital Services.

Martin Ferris

Ceist:

149 Mr. Ferris asked the Tánaiste and Minister for Health and Children the steps she intends to take to ensure that persons suffering from heart disease in the Kerry area will receive treatment. [32449/04]

Tánaiste and Minister for Health and Children (Ms Harney)

In line with priorities identified in the Southern Health Board's regional cardiovascular health strategy, five year action plan, published in June 2000, Kerry General Hospital received €503,778 over the first three years of the strategy to develop cardiology related services in the hospital. This has resulted in the appointment of or approval to recruit 12.5 staff for the hospital under the strategy.

The strengthening of the infrastructure in the hospital has enabled Kerry General Hospital to develop a cardiac rehabilitation service, a cardiac non-invasive diagnostic service, extend its telemetry service in its coronary care unit, extend its resuscitation-training programme and provide for ongoing staff training. Additional funding of €500,000 was allocated to the Southern Health Board under the cardiovascular health strategy in April this year. The funding has allowed the board to begin establishing a consultant-led cardiology service for patients in Kerry. I am advised by the Southern Health Board that interviews to fill a consultant cardiologist post by way of a sessional partnership between Bon Secours Hospital Tralee and Kerry General Hospital have taken place recently and it is expected that an appointment will be made shortly.

The investment that the government has already made in the cardiology services together with the future establishment of a consultant cardiology service will help ensure that people suffering from heart disease in Kerry will be able to avail of the highest quality treatment locally.

Hospitals Building Programme.

Martin Ferris

Ceist:

150 Mr. Ferris asked the Tánaiste and Minister for Health and Children the time period in which the promised new accident and emergency department at Kerry General Hospital will be completed. [32450/04]

Tánaiste and Minister for Health and Children (Ms Harney)

Tánaiste and Minister for Health and Children (Ms Harney)

The chairman of the post mortem inquiry has indicated that she will provide a report on paediatric hospitals in December 2004. There are ongoing consultations with the inquiry in relation to the other elements of its remit, having regard to the Government decision that the Inquiry should conclude by 31 March next.

The European Commission is considering the question of a directive in respect of organ transplantation, including the issue of consent, and proposed to conduct a thorough scientific evaluation of the situation. It will present a report on its analysis to the Council of the European Union as soon as possible. It is hoped that this will provide the framework for the development of legislation in this area. In the meantime, it is intended to establish an expert group to review organ donation, procurement and utilisation policy in Ireland. The work of this group will inform Ireland's contribution to the discussion in relation to the proposed directive on organs.

In relation to the specific case mentioned by the Deputy, the position is that services at Beaumont Hospital are provided under an arrangement with the Eastern Regional Health Authority. My Department has, therefore, asked the regional chief executive of the authority to examine the issue raised and to reply to the Deputy directly.

Hospital Services.

Dan Neville

Ceist:

154 Mr. Neville asked the Tánaiste and Minister for Health and Children when an MRI scan will be completed for a person (details supplied) at the Mid-Western Regional Hospital. [32505/04]

Tánaiste and Minister for Health and Children (Ms Harney)

The provision of hospital services for people living in County Limerick is a matter for the Mid-Western Health Board. My Department has asked the chief executive officer of the board to investigate the position in relation to this case and to reply directly to the Deputy.

Health Board Services.

Pat Breen

Ceist:

155 Mr. P. Breen asked the Tánaiste and Minister for Health and Children if consideration will be given to recruiting further occupational therapists in view of the fact that there are only three occupational therapists working in the Mid-Western Health Board in Ennis, County Clare; if funding will be provided for private occupational therapists to deal with the current crisis; and if she will make a statement on the matter. [32526/04]

Minister of State at the Department of Health and Children (Mr. T. O’Malley)

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 Mid-Western Health Board with a request that he examine the matter and reply directly to the Deputy, as a matter of urgency.

David Stanton

Ceist:

156 Mr. Stanton asked the Tánaiste and Minister for Health and Children, further to Parliamentary Question No. 107 of 25 November 2004, if the working group on carers’ needs assessment, which was established by her Department following the publication of the action programme for the millennium in November 1999, still exists; if so, the details of the current membership of the group; and if she will make a statement on the matter. [32558/04]

Tánaiste and Minister for Health and Children (Ms Harney)

I refer the Deputy to my answer to his Parliamentary Question No. 107 of 25 November last regarding the matters raised in his question. The work of the working group on carers was subsumed into a number of different areas and as such is no longer in existence.

Medical Cards.

Breeda Moynihan-Cronin

Ceist:

157 Ms B. Moynihan-Cronin asked the Tánaiste and Minister for Health and Children if child care costs will be dealt with as an expense in the assessment of means for the purposes of medical card application; and if she will make a statement on the matter. [32575/04]

Tánaiste and Minister for Health and Children (Ms Harney)

Entitlement to health services in Ireland is primarily based on residency and means. Under the Health Act 1970, determination of eligibility for medical cards is the responsibility of the chief executive officer of the appropriate health board or authority other than for persons aged 70 years and over, who are automatically eligible for a medical card. Medical cards are issued to persons who, in the opinion of the chief executive officer, are unable to provide general practitioner medical and surgical services for themselves and their dependants without undue hardship. Income guidelines are drawn up each year by the chief executive officers of the health boards or authorities to assist in the determination of a person's eligibility for a medical card and these are revised annually in line with the consumer price index, CPI. The last such increase was notified in January 2004.

Chief executive officers of the health boards or authorities have discretion regarding the issuing of medical cards and a range of income sources are excluded by the health boards when assessing medical card eligibility. Despite someone having an income that exceeds the guidelines, a medical card may still be awarded if the chief executive officer considers that a person's medical needs or other circumstances would justify this. It is open to all persons to apply to the chief executive officer of the appropriate health board for health services if they are unable to provide these services for themselves or their dependants without hardship.

Issues such as child care costs will be taken into account in considering whether or not "undue hardship" arises in any case including all child care costs necessarily incurred in providing family support and in taking up-continuing employment, education or training. The chief executive officers of the boards or authorities are currently reviewing numerous issues in relation to the administration of the medical card scheme under the auspices of the HeBE medical card schemes modernisation group. In line with the health strategy, my Department is committed to the preparation of new legislation to update and codify the whole legal framework for eligibility and entitlements in regard to health services.

Tax Code.

Enda Kenny

Ceist:

158 Mr. Kenny asked the Minister for Finance the amount of tax taken on the purchase of a house valued at €250,000; the breakdown of the amount by type of tax levied; and if he will make a statement on the matter. [32054/04]

Minister for Finance (Mr. Cowen)

The taxes directly relevant to the purchaser of such a house are stamp duty and VAT. The circumstances under which a purchaser may or may not be liable for those taxes would depend on whether they are a first-time buyer, an owner occupier other than a first time buyer or an investor. The seller of the house may be liable to income tax, corporation tax or capital gains tax, depending on whether it is a new or second-hand house. The details are set out as follows.

The stamp duty chargeable on a house costing €250,000 depends on three main factors: whether the purchaser is a first-time buyer, owner-occupier or investor; whether the house is new or second-hand; if the house is new, whether the total floor area is less than or greater than 125 sq.m.

For any legal instruments executed on or after 2 December 2004, a first-time buyer, who is an owner-occupier, will pay no stamp duty on the purchase of a new or a second-hand house worth €250,000. An owner-occupier who is not a first-time buyer will pay no stamp duty on a new house costing €250,000 unless the floor area exceeds 125 sq.m. and the site value is in excess of €127,000, but if the house is second-hand, she or he will pay €10,000. An investor will pay €10,000 in stamp duty on a new or a second-hand house costing €250,000.

The rate of VAT on the sale of a new house is 13.5%, so the VAT inclusive price of €250,000 will include VAT of €29,735. In general VAT is not chargeable on the sale of second-hand houses.

A builder who is a sole trader would be chargeable to income tax on the taxable profit on the sale of a new house at the 20/42% rates, as applicable. If the builder were a company the rate of corporation tax on the taxable profit would be 12.5%. If the seller is not trading he would make a disposal for purposes of capital gains tax and the tax is 20% of any chargeable gain in the case of an investor. A seller of a house, which has been his only or main residence throughout his period of ownership, would have no CGT liability on such a disposal.

The Deputy may also wish to note that I dealt with the issue of the tax take from the price of a new house in a reply to a parliamentary question on 23 November 2004. Figures in excess of 40% have been attributed by the house building industry to the amount that the Government raises in tax from each new home. However, this figure is wrong. Based on the same industry figures, the cost of a new home that accrues directly to the Exchequer through taxation is more like 28%, based on both Dublin and national prices. This includes not just the taxes mentioned above, where applicable, but also the PAYE and PRSI on the wages of those who built the house. In this light, the tax take is not exceptional and is broadly in line with the tax take on the overall economy.

Urban Renewal Schemes.

Billy Timmins

Ceist:

159 Mr. Timmins asked the Minister for Finance if a property that is designated for a refurbishment under the town renewal scheme is structurally unsound, and it is necessary to demolish it; if it still qualifies for tax relief; and if he will make a statement on the matter. [32062/04]

Minister for Finance (Mr. Cowen)

The designation of sites and related tax incentives for the purposes of the town renewal scheme was determined following submission of town renewal plans prepared by local authorities in accordance with the Town Renewal Act 2000 and relevant guidelines issued by the Department of the Environment, Heritage and Local Government. These plans contained, or were accompanied by, recommendations for such designations by the relevant county council. That the designation applied by a local authority to a particular building under the town renewal scheme determines the tax relief which can be claimed in respect of expenditure incurred on that building.

Disabled Drivers.

Paul Kehoe

Ceist:

160 Mr. Kehoe asked the Minister for Finance the reason no allowance is made for a person (details supplied) under the current criteria for the primary medical certificate, first schedule, when this is as much a disability as the listed criteria but not in the same order; the assistance now available for this person; and if he will make a statement on the matter. [32073/04]

Minister for Finance (Mr. Cowen)

The disabled drivers and disabled passengers tax concessions scheme is open to people with disabilities who meet the specified criteria and have obtained a primary medical certificate to that effect. The senior area medical officer attached to the relevant local health board is responsible for both the medical assessment and the issue of the medical certificate.

The medical criteria for the purposes of the tax concessions under this scheme are set out in the disabled drivers and disabled passengers (tax concessions) regulations 1994. Six different types of disablement are listed under the regulations and a qualifying person must satisfy one or more of them. The six types of disablement are as follows: 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; persons having the medical condition of dwarfism and who have serious difficulties of movement of the lower limbs.

An individual who qualifies under the medical criteria as set out above is issued with a primary medical certificate. Possession of a primary medical certificate qualifies the holder for remission or repayment of vehicle registration tax, VRT, a repayment of value added tax, VAT, on the purchase of the vehicle and a repayment of VAT on the cost of adaptation of 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 allowed.

An interdepartmental review group was established to review the disabled drivers and disabled passengers tax concessions scheme. The group examined all aspects of the scheme, including the qualifying medical criteria. The report was published on my Department's website in early July and copies have been placed in the Oireachtas Library. The recommendations of the report will be considered on an ongoing basis by my Department. In respect of other schemes for which the individual may be eligible, I am aware that the Department of Health and Children has two schemes operated by the health boards, the mobility allowance scheme and the motorised transport grant which may be relevant.

Departmental Properties.

Tony Gregory

Ceist:

161 Mr. Gregory asked the Minister for Finance, further to Parliamentary Question No. 176 of 13 February 2003, if it has since been established that the property in question is in the ownership of the OPW; if there are plans for the development or conversion of the property; and if he will make a statement on the matter. [32477/04]

Minister of State at the Department of Finance (Mr. Parlon)

While there has been uncertainty about the ownership of this building, it must now be assumed that it is in the ownership of the Office of Public Works which would consider favourably any proposal for a suitable alternative use.

Public Service Contracts.

Martin Ferris

Ceist:

162 Mr. Ferris asked the Minister for Finance the way in which a company (details supplied) was able to secure the contract for the Revenue Commissioners office at Nenagh and the tax office at Limerick in view of the fact it is not tax compliant. [32095/04]

Minister for Finance (Mr. Cowen)

I am advised by the Revenue Commissioners that the conditions governing the awarding of security and other contracts in any of their offices requires the successful tenderer to produce a current tax clearance certificate or, in the case of a non-resident tenderer, a statement of suitability, awarded by Revenue, before a contract is awarded. The Revenue Commissioners are satisfied that these conditions are complied with. With regard to the company referred to by the Deputy, the tax affairs of a company are confidential between the company and the Revenue Commissioners.

Dormant Accounts Fund.

Paudge Connolly

Ceist:

163 Mr. Connolly asked the Minister for Finance the amount of money transferred in surplus dormant funds from financial institutions in County Monaghan to the dormant accounts fund for disbursement by the Dormant Accounts Fund Disbursement Board; and if he will make a statement on the matter. [32096/04]

Paudge Connolly

Ceist:

164 Mr. Connolly asked the Minister for Finance the amount of money transferred in surplus dormant funds from financial institutions in County Cavan to the dormant accounts fund for disbursement by the Dormant Accounts Fund Disbursement Board; and if he will make a statement on the matter. [32097/04]

Minister for Finance (Mr. Cowen)

I propose to take Questions Nos. 163 and 164 together.

I regret to inform the Deputy that I cannot provide the information he requested. Under the Dormant Accounts Act 2001 and the Unclaimed Life Assurance Act 2003, credit institutions and insurance undertakings are required, each April, to transfer to the National Treasury Management Agency, all moneys falling dormant in the previous year. Each credit institution and insurance undertaking is also required under the legislation to keep a register of their dormant accounts or policies. However, there is no legal requirement or business reason for them to compile a breakdown on a county by county basis from the registers.

Superannuation Payments.

John Carty

Ceist:

165 Mr. Carty asked the Minister for Finance the additional superannuation benefits that are payable to a civil servant on modified social insurance whose Civil Service employment or office is abolished, other than benefits based on their actual service. [32125/04]

Minister for Finance (Mr. Cowen)

The superannuation provisions governing abolition of office are set out in the 1909 and 1963 Superannuation Acts. Sections 6 and 7 of the Superannuation Act 1963 provide the basis on which additional benefits may be determined.

Where an established officer retires or is removed from office in consequence of the abolition of his office there are two additional benefits that can be considered. The Minister for Finance, at his discretion, may direct that notional years be added to the period of actual service for the purposes of pension and lump sum calculation and-or that a special severance gratuity be paid to the officer concerned. The Minister makes his decision on a case by case basis, taking the particular circumstances into account. Where the Minister decides to award additional years the notional service is determined having regard to the actual service and age of the officer at the date of retirement-removal from office. The exact basis for calculating the added years and the restrictions which may apply in arriving at the appropriate figure are set out in section 6 of the Act.

Section 7 of the Act provides that the special severance gratuity, if granted, will be the lesser of half the officer's annual salary or the aggregate of the payments of salary which would have been paid to him had he remained in an established position until he reached 65 years of age or in certain cases within three months after his 65th birthday. Copies of the relevant sections of the 1963 Act are attached for the Deputy's information.

Tax Code.

Minister for Communications, Marine and Natural Resources (Mr. N. Dempsey)

My Department has received a request in respect of a commemorative stamp for the founder of the Marist Brothers to be included in the 2007 commemorative stamp programme. The request has been forwarded to An Post for consideration by the philatelic committee which is responsible for making recommendations to Government on the stamp programme. It is expected that the committee will come forward with recommendations to Government in the new year.

Communications Masts.

John Curran

Ceist:

169 Mr. Curran asked the Minister for Communications, Marine and Natural Resources if his attention has been drawn to any health risks or implications associated with the use of very high frequency omni directional range radar as is being installed at Weston Aerodrome, Lucan, County Dublin. [32340/04]

Minister for Communications, Marine and Natural Resources (Mr. N. Dempsey)

My Department has been contacted by local residents making inquiries about this facility. My officials have sought information about the precise specification of the equipment being installed at Weston Aerodrome in Lucan. When this has been obtained and studied by my officials I shall be in a position to reply to the Deputy.

Postal Services.

Denis Naughten

Ceist:

170 Mr. Naughten asked the Minister for Communications, Marine and Natural Resources the plans he has to make grant aid available for rural post offices to ensure their computerisation, including the provision of Internet availability to the public; his views on whether this would help address the information divide; and if he will make a statement on the matter. [32375/04]

Minister for Communications, Marine and Natural Resources (Mr. N. Dempsey)

The Government is committed to a viable and sustainable nationwide rural post office network providing a range of services to meet consumer needs. The Government has made an equity injection of €12.7 million into the network in 2003 to facilitate modernisation measures. Furthermore, the Government has strongly supported An Post initiatives such as the channelling of new utility and banking services through the network. I am exploring with An Post the bringing forward of further initiatives to continue underpinning our network of rural post offices. In this regard, the company is actively pursuing a number of options in both the public and private sectors.

To date, An Post has introduced new service delivery models in order to improve access to post office services. There are 1000 automated post offices, 475 non- automated post offices, 160 postal agencies and An Post has established 3,000 postpoint outlets in retail premises of which 600 can be used for bill payment. The automated network accounts for over 95% of An Post's counter business. This means that the 1,000 automated offices transact 95% of counter business while 475 non-automated offices undertake 5% of business. This figure clearly illustrates the level of business transacted by individual non-automated offices. The current level of automated coverage is considered by An Post to be extremely comprehensive by any objective standard and this level of coverage makes it difficult to justify on either customer-service or economic ground the extension of automation to all offices, regardless of their location or business volumes.

Automation of the post office network was completed in 1997. It is therefore only in very exceptional circumstances, such as an existing automated office closing and its equipment being transferred to a suitable neighbouring location which transacts significant volumes of welfare business, that offices are automated today. There are no plans by An Post to provide Internet access to the public through the rural post office network. However, with the roll-out of e-Government services, the automated element of the post office network is ideally placed to capitalise on opportunities arising in this space, especially in the area of e-payments. A core objective for An Post continues to be the retention of access to post office services in as many locations as possible, in the manner which best meets consumer needs, whether services are provided via post offices, postal agencies or the postpoint network.

Water Quality.

Pat Carey

Ceist:

171 Mr. Carey asked the Minister for Communications, Marine and Natural Resources if he receives regular reports on the implementation of the River Tolka water quality management plan; if he receives reports of any spillages into this river; the way in which these are investigated and matters such as restocking of the fish life are dealt with; and if he will make a statement on the matter. [32476/04]

Minister of State at the Department of Communications, Marine and Natural Resources (Mr. Gallagher)

Under the Fisheries Acts, primary responsibility for the conservation, protection and development of inland fisheries rests with the regional fisheries board, in this case the Eastern Regional Fisheries Board. I am advised by the chief executive officer of the board that responsibility for the implementation of the Tolka water quality management plan rests with Fingal County Council. I understand however that the council undertakes this responsibility in consultation with a number of bodies, including the Eastern Regional Fisheries Board. According to the chief executive officer, however, the plan does not include any requirements for reports on its implementation to be produced.

The chief executive officer advises me that the fisheries board itself receives reports from anglers, the public and also the county council on spillages and pollution incidents. These are investigated by the professional staff of the board whose policy it is to initiate a prosecution where sufficient evidence of pollution is found. According to the chief executive officer, polluters have paid substantial compensation in the past, which has contributed to rehabilitation and restocking.

The chief executive officer further advises me that the Tolka has suffered a number of pollution incidents in the last decade and the board, together with the Tolka anglers, have restocked the river on numerous occasions. In this regard I am advised that the board generally tries to stock fingerlings so that the fish have a better chance of acclimatising to the river whereas the Tolka anglers generally stock catchable size fish.

I am assured by the chief executive officer that the Eastern Regional Fisheries Board makes every effort to ensure that fishery concerns are placed high on the agenda when works impacting on the Tolka are proposed to take place.

Telecommunications Services.

Seymour Crawford

Ceist:

172 Mr. Crawford asked the Minister for Communications, Marine and Natural Resources when the necessary investment package will be available to allow broadband to be supplied to the towns of Clones, Ballybay and Castleblayney in County Monaghan; his views on whether broadband is essential if these towns are to attract inward investment; and if he will make a statement on the matter. [32813/04]

Minister for Communications, Marine and Natural Resources (Mr. N. Dempsey)

The provision of telecommunications services, including broadband, is a matter in the first instance for the private sector companies operating in a fully liberalised market, regulated by ComReg, the Commission for Communications Regulation. Unfortunately the market has been slow to invest in the necessary infrastructure that will enable the provision of services in all areas. The importance of broadband cannot be understated, and the widespread availability of broadband infrastructure and services is a significant aim of the Government and my Department.

To help in achieving this aim, a number of initiatives have been put in place for infrastructure investments that will facilitate the provision of services by the sector. Under the National Development Plan 2000-2006 an indicative €200 million of Government and ERDF funding is being invested, in association with the local and regional authorities, in the creation of high-speed broadband networks and fibre trunks. These facilities will remain in State ownership while allowing the service providers open access at competitive costs.

The first phase of my Department's regional broadband programme, in which metropolitan area networks, MANs, are being built in 26 towns and cities, including Carrickmacross and Monaghan town, is now nearing completion. In the second phase of the programme MANs will be built in a further 92 towns of 1,500 population and over, in association with the local authorities. Calls for proposals have issued to the local authorities in respect of the first group of these towns, including Clones and Castleblayney, and the proposals are now being assessed.

For rural communities and smaller towns such as Ballybay, my Department's group broadband scheme offers funding assistance for community groups to come together with the service providers and obtain broadband connectivity for their area using the most appropriate delivery system, such as satellite, wireless, DSL or cable. Up to 55% funding is available towards capital costs under the scheme. Full details of the regional broadband programme and the group broadband scheme are on my Department's websites www.dcmnr.gov.ie and www.gbs.gov.ie .

Overseas Development Aid.

Paul McGrath

Ceist:

173 Mr. P. McGrath asked the Minister for Foreign Affairs if the Government will set a new date for reaching 0.7% of GNP with a multi-annual spending plan to achieve it, and enshrine this in legislation to restore public and international confidence in Ireland’s commitment. [32107/04]

Minister of State at the Department of Foreign Affairs (Mr. C. Lenihan)

The Book of Estimates provides for an increase of €60 million in Government spending on official development assistance in 2005. This will bring total Government aid to the developing world next year to approximately €535 million. In addition, the Government has agreed to make further increases of €65 million in each of the years 2006 and 2007. These substantial increases will help to move us closer to the UN target of 0.7% of GNP.

I welcome in particular also the return to a multi-annual commitment as it ensures predictability for my Department and for our NGO partners. The combination of a three-year multi-annual commitment, incorporating very substantial annual increases, gives us a sound basis to carry forward the long-term planning which is so important for development work. In the light of these increases, and also in the context of the promised White Paper on ODA, the Government will keep under active and ongoing review the progress being achieved to reach the target of 0.7% of GNP. We do not consider, however, that giving a legislative base for the target is a desirable way forward.

Nuclear Plants.

Michael Ring

Ceist:

174 Mr. Ring asked the Minister for Foreign Affairs if he has discussed the issue of the Sellafield nuclear plant with his counterparts in Britain recently; and his plans to discuss this matter. [32063/04]

Minister for Foreign Affairs (Mr. D. Ahern)

As the Deputy will be aware, my colleague, the Minister for the Environment, Heritage and Local Government, Deputy Roche, has primary responsibility for this matter. In so far as my Department is concerned, the embassy in London, in conjunction with the Department of the Environment, Heritage and Local Government, participates in meetings of the Ireland-UK contact group on radioactivity at which Sellafield and related issues are discussed. I intend to have a bilateral meeting with my British counterpart, Secretary of State Jack Straw, early in the new year and expect that this issue will be on the agenda.

Human Rights Issues.

Finian McGrath

Ceist:

175 Mr. F. McGrath asked the Minister for Foreign Affairs the position regarding persons (details supplied); and if he will raise this miscarriage of justice at UN and EU level. [32083/04]

Minister for Foreign Affairs (Mr. D. Ahern)

The case raised by the Deputy relates to five Cuban citizens who were convicted in the US in 2001 on charges ranging from espionage to conspiracy to murder, and whose appeal was heard in March of this year. The court's decision is awaited. As the Deputy has been informed in previous answers to questions on this issue, the Irish Government has no standing in this matter which is a bilateral consular question between the Cuban and US authorities.

Caoimhghín Ó Caoláin

Ceist:

176 Caoimhghín Ó Caoláin asked the Minister for Foreign Affairs if his attention has been drawn to the State repression of unregistered house churches in China and to China’s intolerance of religious freedom in general; if he has raised the matter with the Chinese authorities; and if he will make a statement on the matter. [32437/04]

Minister for Foreign Affairs (Mr. D. Ahern)

As has been consistently stated, the Government takes concerns about human rights in China, including religious freedom, very seriously. These matters are regularly, and on an ongoing basis, raised with the Chinese Government. Most recently, the Tánaiste, Deputy Harney and I held official talks with the Chinese Vice-Premier, Mr Huang Ju, in Dublin Castle, on 16 November 2004, during which we again raised our concerns about human rights with the Vice-Premier. The Chinese Vice-Premier, in response, informed us of the measures his Government is taking in the field of human rights, including the addition of an express provision on human rights to China's constitution earlier this year.

The Taoiseach also raised the issue of human rights with the Chinese Premier, Wen Jiabao, during his visit to Ireland in May 2004. During his discussions, he outlined Ireland's strong commitment to the protection of human rights and fundamental freedoms. Both sides agreed on the importance of co-operation and dialogue in working together to bring about respect for international obligations. In his capacity as President of the European Council, my predecessor also raised human rights concerns during the EU Foreign Ministers troika meeting with China on 18 April 2004.

The EU-China Human Rights Dialogue, established in 1996, is the agreed formal framework through which the EU raises its concerns about individual human rights cases and more general issues, such as the protection of freedom of religion and expression. The most recent round of the EU-China Human Rights Dialogue took place in Beijing on 24 September 2004. During the Irish Presidency, and in conjunction with our EU partners, we organised the first EU-China seminar on the ratification of the International Covenant on Civil and Political Rights, ICCPR, which took place in Beijing on 30 June and 1 July 2004. The purpose of the seminar was to provide technical assistance to China in preparation for their ratification of the ICCPR. Article 18 of the ICCPR guarantees that "everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching". A subsequent EU-China seminar on the ratification of the ICCPR took place in The Hague on 8 and 9 November 2004.

Ireland, together with our EU partners, will continue to encourage the Chinese authorities to respect fully freedom of religion and expression and human rights. There will be further discussion of these matters during the EU-China summit, scheduled to take place in The Hague on 8 December 2004.

Barry Andrews

Ceist:

177 Mr. Andrews asked the Minister for Foreign Affairs if he will make contact with the Embassy of the Republic of Cuba about the case of a person (details supplied). [32470/04]

Minister for Foreign Affairs (Mr. D. Ahern)

Mr. Adolfo Fernandez Sainz, a journalist, is one of 75 members of the peaceful opposition in Cuba, including other journalists, writers and doctors who were arrested in March and April 2003 and sentenced to prison terms of up to 28 years after a summary legal process that did not meet internationally accepted standards. As I stated in my reply of 23 November 2004 to Question No. 260, a copy of which will be forwarded to the Deputy, the Government's concern regarding the detention and sentencing of these dissidents, including Mr. Sainz, was conveyed at the time to the Cuban chargé d'affaires at a meeting in the Department of Foreign Affairs and this concern has been repeated on a number of occasions since in contacts with the Embassy of the Republic of Cuba.

Ireland and its partners in the European Union responded to the grave violation of international human rights standards involved in the imprisonment of these members of the peaceful opposition by a range of measures, including limiting bilateral high level governmental visits to Cuba, and these measures remain in force. On 14 June 2004, during the Irish Presidency of the European Union, the General Affairs and External Relations Council, GAERC, again called on the Cuban Government to release immediately all those, like Mr. Sainz, who have been detained for political reasons. The Cuban authorities have previously released a number of these prisoners on health grounds and in recent days it is reported that a further seven prisoners have been released and others moved to military hospital facilities. However, it would appear that Mr. Sainz remains in prison.

The most recent releases are encouraging and I would urge the Cuban authorities to move quickly to release all the other members of the peaceful opposition who are currently imprisoned. My Department has been in contact again with the Cuban chargé d'affaires to reiterate our concern about the remaining dissident prisoners and to enquire specifically about the position of Mr. Sainz. As I previously stated, the release of all such prisoners would make a significant contribution to the resumption of a full dialogue between the European Union and Cuba.

Swimming Pool Projects.

Michael Lowry

Ceist:

178 Mr. Lowry asked the Minister for Arts, Sport and Tourism the progress to date on the proposed swimming pool for Thurles; if the necessary resources have been committed to this worthwhile project; when the project will be sanctioned and will go to tender; and if he will make a statement on the matter. [32089/04]

Minister for Arts, Sport and Tourism (Mr. O’Donoghue)

Thurles Town Council applied for grant aid under the local authority swimming pool programme for the provision of a replacement swimming pool in Thurles. Its proposal is one of a number of projects that are under consideration in my Department at contract document stage of the programme.

Projects are considered on a case-by-case basis and consideration is given to such issues as to whether the area is classified as disadvantaged, the number and geographical spread of projects within and between counties, the viability of the project, particularly in relation to operational and maintenance issues, overall funding package for the project, technical details and the Department's annual Estimates provision for the programme.

Arts Funding.

Michael Lowry

Ceist:

179 Mr. Lowry asked the Minister for Arts, Sport and Tourism the progress that has been made to date on the proposed arts centre for Thurles, County Tipperary; if the necessary resources have been committed to this project; when the project will be sanctioned to go to tender; and if he will make a statement on the matter. [32091/04]

Minister for Arts, Sport and Tourism (Mr. O’Donoghue)

Since 1997 my Department has provided total grant aid of €1.77 million, towards the provision of a cultural, entertainment, and interpretative centre in Tipperary town and this facility is now in operation. There is no application for additional capital grant aid for this centre currently under consideration in my Department.

Swimming Pool Projects.

Seymour Crawford

Ceist:

180 Mr. Crawford asked the Minister for Arts, Sport and Tourism if he will report on the evaluation report on Monaghan swimming pool; when he expects that the tender document will be signed and work will commence; and if he will make a statement on the matter. [32334/04]

Minister for Arts, Sport and Tourism (Mr. O’Donoghue)

Monaghan County Council submitted the tender documentation for the provision of a replacement swimming pool in Monaghan to my Department on 22 November 2004. This documentation was forwarded to my Department's technical advisors, the Office of Public Works, for its consideration and the proposal will be considered further when the OPW response is received.

Sports Funding.

Jimmy Deenihan

Ceist:

181 Mr. Deenihan asked the Minister for Arts, Sport and Tourism the plans for the International Year of Sport and Physical Education in 2005; and if he will make a statement on the matter. [32356/04]

Minister for Arts, Sport and Tourism (Mr. O’Donoghue)

As the Deputy is aware, 2005 has been designated by the United Nations as the International Year for Sport and Physical Education as a means to promote education, health, development and peace. It is intended that this initiative will be used to develop the legacy of the extremely successful European Year of Education through Sport, EYES 2004 which, as the Deputy is aware, was an important European Commission initiative in the area of education and sport. My Department, the Departments of Education and Science, and Health and Children as well as the Sports Council and other relevant bodies, which are represented on the national steering committee of the EYES 2004, have been exploring how to achieve a permanent legacy in the area of school sport-PE children's health arising from the EYES 2004 programme.

Public Service Contracts.

Martin Ferris

Ceist:

182 Mr. Ferris asked the Minister for Enterprise, Trade and Employment the way in which a company (details supplied) was able to secure contracts for public offices in view of the fact that it is not tax compliant. [32079/04]

Minister for Enterprise, Trade and Employment (Mr. Martin)

My Department has no record of entering into contracts with the company concerned. The financial procedures of my Department specify that in the case of all public sector contracts to the value of €6,500 or more, inclusive of VAT, within any 12 month period, the contractor or agent as appropriate is required to produce a valid tax clearance certificate at the time the contract is placed and also at the time of payment, should the duration of the certificate not cover both. The finance unit of my Department does not make any payment unless a signed original of the tax clearance certificate has been produced by the supplier.

National Disability Strategy.

Ciarán Cuffe

Ceist:

183 Mr. Cuffe asked the Minister for Social and Family Affairs the reason responsibility in the Disability Bill 2004 for personal advocacy services is given to Comhairle, while the Bill proposes that interpreting services be contracted out; if strict criteria will be attached to a service provider awarded the tender for interpreting services (details supplied); and if he will make a statement on the matter. [32053/04]

Minister for Social and Family Affairs (Mr. Brennan)

The introduction of a personal advocacy service aimed specifically at people with disabilities is provided for in the Comhairle (Amendment) Bill 2004 which was published last September in conjunction with the Disability Bill 2004 as part of the Government's national disability strategy. Comhairle has a statutory remit in supporting the provision of independent information, advice and advocacy services in relation to the broad range of social services. There is an important link between the provision of information and advocacy in that access to information and the options flowing from that information are two key aspects of empowerment. This is particularly relevant in the case of people with disabilities for whom Comhairle has a specific remit. I am very pleased that this new personal advocacy service will be administered by Comhairle and I look forward to the speedy passage of the Comhairle (Amendment) Bill through the Oireachtas.

The proposed sign language interpretation service is not provided for in the Comhairle (Amendment) Bill 2004. It was considered that the provision of a service of that nature by way of primary legislation would not be the most effective way of delivering a sign language interpretation service. Where the provision of such a service is being contracted out to an appropriate and suitable service provider, normal public tendering procedures will be adhered to and the relevant contract conditions will require the provision of the best possible service having regard to the needs of those who will avail of the service.

Social Welfare Benefits.

John McGuinness

Ceist:

184 Mr. McGuinness asked the Minister for Social and Family Affairs the reason it has taken so long to give financial assistance and support to a person (details supplied) in County Kilkenny; the further reason the orphan’s allowance was refused; if supplementary allowance will be awarded; if an application for same will be expedited; if an immediate review of this person’s case will be carried out and financial and other supports put in place; and if he will make a statement on the matter. [32044/04]

Minister for Social and Family Affairs (Mr. Brennan)

Minister for Social and Family Affairs (Mr. Brennan)

I propose to take Questions Nos. 187 and 188 together.

The back to school clothing and footwear allowance scheme is administered by the health boards on behalf of my Department. Under the scheme, an allowance of €80 is payable in respect of qualified children aged two to 11 years while €150 is payable in respect of qualified children aged 12 to 22 years.

The number of children benefiting from the back to school clothing allowance has increased from 155,811 in 2002 to 172,123 in 2003. It is expected that an increased number of children will have benefited in 2004, when final figures are compiled by the Department from health board returns.

The Department is not in a position at present to identify eligible customers for the back to school clothing and footwear allowance, or other means-tested welfare schemes from its data base. The back to school clothing and footwear allowance scheme is promoted in a number of ways. Health boards advertise and promote the scheme by advertising in the local press and radio, by placing posters in all health centres, and by provision of information material and applications forms to citizens' information centres, social workers and to the money advice and budgeting service. The Department itself also promotes the scheme generally in publicity at the relevant time of year. The steady growth in the numbers of children benefiting under the scheme shows that there is increasing awareness of entitlements as a result of this publicity.

Social Welfare Appeals.

Michael Ring

Ceist:

189 Mr. Ring asked the Minister for Social and Family Affairs the outcome of an oral hearing for a person (details supplied) in County Mayo to finalise a farm assist appeal. [32432/04]

Minister for Social and Family Affairs (Mr. Brennan)

The person concerned made a claim for farm assist from 10 February 2004. The deciding officer disallowed the claim on the grounds that the person's means exceed the statutory limit for receipt of farm assist. The means were assessed at €413 weekly, derived from €404 capital and the remainder from land.

The person concerned appealed this decision to the social welfare appeals office. Following an oral hearing on 16 November 2004 the appeals officer disallowed the appeal. Under social welfare legislation, decisions on claims must be made by deciding officers and appeals officers. These officers are statutorily appointed and I have no role in regard to making such decisions.

Michael Ring

Ceist:

190 Mr. Ring asked the Minister for Social and Family Affairs when a disability allowance appeal will be finalised for a person (details supplied) in County Mayo. [32433/04]

Minister for Social and Family Affairs (Mr. Brennan)

Following an examination by a medical assessor of the Department, the claim for disability benefit of the person concerned was disallowed by a deciding officer on the grounds that he did not satisfy the medical eligibility criteria. He appealed this decision to the social welfare appeals office and in the context of his appeal he was examined by another medical assessor on 22 October 2004, who was also of the opinion that he did not satisfy the relevant medical eligibility criteria.

In light of this the person was afforded the opportunity to furnish further evidence he wished in support of his appeal. He submitted further medical evidence which has been considered by the chief medical adviser of the Department who does not consider that it affords a sufficient basis to change the findings of the medical assessors. A submission from the deciding officer has now been requested and on receipt of this the case will be referred to the appeals officer for early consideration. Under social welfare legislation, decisions in relation to claims must be made by deciding officers and appeals officers. These officers are statutorily appointed and I have no role in regard to making such decisions.

Social Welfare Benefits.

Emmet Stagg

Ceist:

191 Mr. Stagg asked the Minister for Social and Family Affairs if free travel will be granted for Irish senior citizens who are based in Britain, when they return here on visits; and if he will make a statement on the matter. [32434/04]

Minister for Social and Family Affairs (Mr. Brennan)

The free travel scheme is available to all people living in the State aged 66 years and over. It is also available to carers and to people with disabilities who are in receipt of certain social welfare payments. It applies to travel within the State and cross-Border journeys between here and Northern Ireland.

The Deputy's proposal to make free travel available to persons in receipt of Irish pensions but living abroad would have to be examined in a budgetary context taking account of the other demands for extension of the free travel scheme and the cost and administrative implications involved. Implications include the current examination of proposals for an all-Ireland travel pass which would apply to all eligible persons resident in both jurisdictions. I intend to keep under consideration the issue raised by the Deputy.

Gay Mitchell

Ceist:

192 Mr. G. Mitchell asked the Minister for Social and Family Affairs, further to Parliamentary Question No. 332 of 30 November 2004, if he has received legal advice from the Office of the Attorney General that the refusal of the application is consistent with and fully recognises Article 41 of the Constitution; if this application will be granted; and if he will make a statement on the matter. [32484/04]

Minister for Social and Family Affairs (Mr. Brennan)

Rent supplements are available under the supplementary welfare allowance scheme which is administered on my behalf by the health boards. Neither I nor my Department has any role in decisions on individual claims.

With effect from 27 May 2003, rent supplement is no longer payable in respect of a person who is awaiting the outcome of his or her claim for asylum. The South Western Area Health Board has advised that the rent supplement application from the person concerned was refused on the grounds that his spouse was seeking asylum here subsequent to the change in rent supplement rules in May 2003. The person concerned was informed of his right of appeal against this decision but has not appealed.

Direct provision arrangements are available through the reception and integration agency to meet the accommodation and other needs of asylum seekers. It remains open to the family concerned to avail of this facility, pending a decision on their residency status. I am satisfied that the decision on rent supplement is in accordance with the legislation.

Gay Mitchell

Ceist:

193 Mr. G. Mitchell asked the Minister for Social and Family Affairs the reason the fuel allowance for a person (details supplied) in Dublin 8 was discontinued; the amount of subsidy involved in this group scheme run by Dublin City Council; if this allowance will be restored; and if he will make a statement on the matter. [32578/04]

Minister for Social and Family Affairs (Mr. Brennan)

The person concerned is in receipt of an old age contributory pension with effect from 20 February 2004. She also receives an electricity allowance from my Department, credited on her ESB bills. The rules of the fuel allowance scheme preclude payment where a person has access to a subsidised heating service. The person concerned is provided with subsidised heating by Dublin City Council, through a service provided by the council to the complex where she resides and, consequently, is not entitled to a fuel allowance.

The Road Traffic Bill 2004, which is currently before the House for consideration, provides for the amendment to section 36 of the Taxi Regulation Act 2003 to clarify certain aspects of the section and to facilitate a more effective implementation process. The amendments do not affect the overall focus of the original section which aims to promote a safer environment for the users of small public service vehicles.

Since 2 August 2004, with the commencement of section 37(1) of the Taxi Regulation Act 2003, a taxi, wheelchair accessible taxi, hackney or limousine licence or a licence to drive such vehicles will not be granted or renewed unless the applicant produces to the licensing authority, that is, the local authority or the Garda, as appropriate, a tax clearance certificate issued by the Revenue Commissioners under section 1095 of the Taxes Consolidation Act 1997.

Question No. 199 answered with QuestionNo. 63.

Capital Spending.

Olivia Mitchell

Ceist:

200 Ms O. Mitchell asked the Minister for Transport the reason he has decided to replace the five year capital funding envelope for transport announced in budget 2004, in favour of a new plan; and if he will make a statement on the matter. [32534/04]

Minister for Transport (Mr. Cullen)

The five-year capital envelope announced in budget 2004 is not being replaced but extended. This is a reflection of this Government's continuing commitment to sustained investment in transport infrastructure. It was a process that commenced with the first five-year multi-annual envelopes which were agreed in respect of public transport in 2001. This initiative was extended to all transport investment in 2004.

Budget 2005 announced two developments. First, as anticipated, the 2004-05 envelope was rolled forward for a further year providing more than €10 billion for the next five years to 2009. In addition, the Government has agreed to the development of a ten-year capital investment framework. This is being done in recognition of the long-term nature of major transport infrastructure investments. These require long lead times for consultation, planning and construction. Clarity on the financial envelope available will greatly benefit this process and enable us to transform the national transport network.

I will return to Government in the coming months to finalise the financial parameters and to outline the programme of investment.

Driving Tests.

Willie Penrose

Ceist:

201 Mr. Penrose asked the Minister for Transport further to Question No. 172 of 24 November 2004, if his attention has been drawn to the fact that a letter setting out the reasons an early driving competency test was necessary for a person (details supplied) in County Westmeath was furnished to his Department by the person’s employer on 15 November 2004; if same will be expedited; and if he will make a statement on the matter. [32098/04]

Minister for Transport (Mr. Cullen)

My Department has no record of having received a letter from the person's employer in connection with his driving test application.

A driving test has been arranged for the person concerned for 5 January, 2005. Notification of this test appointment issued to him on 26 November 2004.

Question No. 202 answered with QuestionNo. 77.

Richard Bruton

Ceist:

203 Mr. R. Bruton asked the Minister for Transport the obligations of driver testers in respect of giving detailed markings to persons who fail their test; and if it is sufficient to simply mark one box and provide no further information to the applicant. [32137/04]

Minister for Transport (Mr. Cullen)

The role of a driver tester is to assess the driving competency of candidates presenting for a driving test. A report outlining driving faults is given to each candidate at the conclusion of the test.

There is no provision in place at present that obliges a driver tester to give additional feedback to a candidate regarding the test result. From February 2005 motorcycle test candidates will receive a brief verbal feedback following the test. It is hoped to extend this facility to all candidates at a later date.

Ruairí Quinn

Ceist:

204 Mr. Quinn asked the Minister for Transport if he has plans to change the operation and system of registration of driving instructors; if he proposes to change the position (details supplied) as set out on 14 December 1999; and if he will make a statement on the matter. [32292/04]

Minister for Transport (Mr. Cullen)

Proposals being developed by my Department for the regulation and quality assurance of driving instruction will involve a test of the competence of individual instructors. A working group comprising representatives of the Department and of instruction interests has formulated the design of the standards that a driving instructor must meet.

The original proposals had envisaged that driving instructors who were members of driving instructor organisations recognised by the Department as meeting appropriate quality standards would be exempt from the test of competence. Assessment of the driving instructor organisations would have been based on the organisation seeking accreditation with the national accreditation board, which would have had regard to the procedures and personnel that the organisation had in place to assess driving instructors.

As already indicated in this House during the Second Stage debate on the Driver Testing and Standards Authority Bill 2004, it is now proposed that the Driver Testing and Standards Authority will be responsible for the registration of driving instructors. I am considering what arrangements will be put in place to oversee implementation of the driving instructor standard in the context of the establishment of the authority.

Pat Carey

Ceist:

205 Mr. Carey asked the Minister for Transport the changes which have been made in the requirements for a C1 driving licence; and if he will make a statement on the matter. [32293/04]

Minister for Transport (Mr. Cullen)

The provisions in relation to submission of medical reports have been recast. As regards licence category C1, a medical report in respect of medical fitness to drive category C1 vehicles must be submitted to a licensing authority when application is being made for a first driving licence unless such medical report has already been submitted within the previous five years and remains valid. Such medical report must also be submitted with an application for renewal of a category C1 driving licence.

Road Network.

Seymour Crawford

Ceist:

206 Mr. Crawford asked the Minister for Transport if he has considered the request by Monaghan County Council to have a road (details supplied) reclassified to regional road status; his views on whether the county council’s landfill and materials recovery facility is an asset to not only County Monaghan but to other counties and that the road is in urgent need of being reclassified; and if he will make a statement on the matter. [32294/04]

Minister for Transport (Mr. Cullen)

A comprehensive review of the national and regional road system was concluded in 1994 as set out in SI 209 of 1994: Roads Act 1993 (Declaration of National Roads) Order 1994 and SI 400 of 1994: Roads Act 1993 (Declaration of Regional Roads) Order 1994. This review was carried out in consultation with local authorities and took account of representations received from a wide range of local interests.

The update of these statutory instruments currently underway is designed to take account of road improvements and route changes since 1994. Nevertheless, the classification of the Cremartin-Castleblayney road, inter alia, will be reviewed in the update. It is anticipated that the update will be concluded at the end of this year.

Issues raised by the Deputy relating to the county council's landfill and materials recovery facility are a matter for my colleague the Minister for the Environment, Heritage and Local Government.

Public Transport.

Mary Upton

Ceist:

207 Dr. Upton asked the Minister for Transport further to Parliamentary Question No. 362 of 15 October 2002 the position on the matter. [32296/04]

Minister for Transport (Mr. Cullen)

Dublin Bus implemented mobile phone based text-messaging that provides next service information about its routes. I understand it has been very successful. Dublin Bus has plans for automatic vehicle location technology that will enable real time passenger information.

Earlier this year Irish Rail implemented a mobile phone based text service that provides next arrival information for DART services. This information in real time is also available through the Irish Rail website.

Real time passenger information is an integral part of the Luas system and has been available at Luas stops since its launch earlier this year.

Aviation Matters.

Michael Ring

Ceist:

208 Mr. Ring asked the Minister for Transport the number of helicopters registered here; the plans of the Government to regulate the location at which helicopters land and take off, can be kept and so on; the regulations in place in relation to helicopters; and if he will make a statement on the matter. [32298/04]

Minister of State at the Department of Transport (Mr. Callely)

The arrangements for reporting on implementation of the national roads programme are currently being adapted to take into account the reporting requirements arising in the context of the capital investment framework.

Driving Tests.

Pat Carey

Ceist:

213 Mr. Carey asked the Minister for Transport if he intends to centralise plans for the testing of drivers for the Leinster area for driving licences for heavy goods vehicles at the Jamestown Road, Finglas test centre; if so, if he has taken into account the already unacceptably high volumes of such traffic in the area; and if he will make a statement on the matter. [32472/04]

Minister for Transport (Mr. Cullen)

A range of options in relation to off road driving test centres are currently under consideration in my Department in consultation with the Office of Public Works. While no final decisions have been made, it is anticipated that there will be a number of centres to test heavy goods vehicles located in the Leinster area.

Rail Network.

Bernard J. Durkan

Ceist:

214 Mr. Durkan asked the Minister for Transport the extent to which commuter throughput can be increased on a daily basis at the rail stations throughout County Kildare with particular reference to areas of increased population; and if he will make a statement on the matter. [32537/04]

Bernard J. Durkan

Ceist:

226 Mr. Durkan asked the Minister for Transport the current daily commuter throughput at rail stations in Kilcock, Maynooth, Leixlip, Confey, Hazelhatch, Sallins, Newbridge, Kildare, Monasterevin and Athy; the extent to which passenger numbers can be increased or encouraged with a view to alleviating road traffic congestion; and if he will make a statement on the matter. [32550/04]

Minister for Transport (Mr. Cullen)

I propose to take Questions Nos. 214 and 226 together.

Irish Rail has stated that a step change increase in commuter services was achieved along this line from December 2003 with the introduction of 80 new diesel railcars for use on such services and a timetable alteration. With the introduction of the new timetable in December 2004, all peak services on the Maynooth line will become eight-car trains, providing a further capacity enhancement along the route. Plans are currently in place to further increase capacity along the line with the deployment of new units of rolling stock to be introduced in late 2005.

The provision of additional car parking capacity at some of these stations is another key action that is being taken to encourage car users to switch to rail transport. This is being progressed by Irish Rail in conjunction with the Dublin Transportation Office.

Significant capacity was also added to the Kildare route in December 2003 when new railcars were introduced and new services added which almost doubled the commuter capacity. There are severe capacity limitations along this route because of the competing requirements of express Intercity services and slower commuter trains. Quadrupling a section of this line to provide additional commuter capacity is being proposed by Irish Rail and my Department is currently examining a draft business case from the company in that regard.

In addition, Irish Rail is examining possibilities for the construction of a new docklands station to accommodate services on the Maynooth line and help alleviate the capacity constraints at Connolly station.

The current daily boardings at rail stations on the Irish Rail network are a day-to-day matter for the company.

Question No. 215 answered with Question No. 97.

Road Network.

Bernard J. Durkan

Ceist:

216 Mr. Durkan asked the Minister for Transport if he has made contact with the various local authorities with a view to the elimination of unnecessary traffic congestion in various towns and villages throughout the country; and if he will make a statement on the matter. [32540/04]

Minister for Transport (Mr. Cullen)

Traffic management measures in towns and villages to deal with traffic congestion is a matter for local authorities.

However, the major investment being undertaken in the upgrade of the national road network is having a major beneficial impact on traffic flow throughout the country. A key objective of the upgrade programme is the elimination of bottlenecks through the provision of new routes by-passing towns and villages. Major projects completed in recent years and which have contributed significantly to better traffic flow include the upgrade of the M1, Kildare, Monasterevin, Cashel, Watergrasshill, and Limerick Southern Ring Road bypasses on the N7-N8, Youghal bypass on the N25, Ballincollig bypass on the N22 and so on.

Bernard J. Durkan

Ceist:

217 Mr. Durkan asked the Minister for Transport the extent to which the various motorway projects identified in the National Development Plan 2000-2006 are to date on time and within cost; and if he will make a statement on the matter. [32541/04]

Minister for Transport (Mr. Cullen)

The planning, design and implementation of national road improvement projects is a matter for the National Roads Authority and the local authorities concerned The current position in relation to the upgrading of the major inter-urban routes is set out as follows. A number of projects in planning are at tender stage, for example Waterford City bypass and Dundalk-Border. It is expected that the remainder of the projects in planning will either be approved by or be before An Bord Pleanála by early 2005.

While the completions in full of the ambitious national roads upgrade programme provided for in the NDP will extend beyond 2006 and the cost of the programme will be in excess of the cost as estimated in 1999-2000, good progress is nevertheless being made in the upgrade of the national roads network. Since 2000 nearly 330 km. of road, 46 projects, have been upgraded and work is under way on more than 200 km.

A range of measures have been taken by the NRA to strengthen cost estimation and control and to secure greater certainty in out-turn cost. The beneficial impact of these measures is evident in the projects now being completed within budget and ahead of contracted completion dates such as Monasterevin and Cashel bypasses, Ballincollig bypass and Ashford-Rathnew bypass.

Route: Galway-Dublin Schemes Completed.
Route	Scheme	Length (km.)	Type of Road
N4	Lucan Bypass	8	High Quality Dual Carriageway
N4	Maynooth Bypass	16	High Quality Dual Carriageway
N4	Celbridge Interchange	—	Interchange Junction
N4	Enfield Relief Road	3	Single Carriageway
N4	Kinnegad Relief Road	1	Single Carriageway
N6	Athlone Bypass	7	High Quality Dual Carriageway

Schemes In Construction.
Route	Scheme	Length (km.)	Type of Road
N6	Kilcock/Kinnegad	33	Motorway
N6	Loughrea Bypass	4	Single Carriageway

Schemes In Planning.
Route	Scheme	Length (km.)	Type of Road
N4	Leixlip/M50 Junction	4	High Quality Dual Carriageway
N6	Kinnegad/Athlone Phase 1	28	High Quality Dual Carriageway
N6	Kinnegad/Athlone Phase 2	29	High Quality Dual Carriageway
N6	Ballinasloe/Athlone	19	High Quality Dual Carriageway
N6	Galway/Ballinasloe Bypass (PPP)	56	High Quality Dual Carriageway
N6	Galway Outer Bypass	21	16km. High Quality Dual Carriageway.5km. Single Carriageway

Route: Cork-Dublin.
Schemes Completed.
Route	Scheme	Length (km.)	Type of Road
N7	Naas Road Widening	12	High Quality Dual Carriageway
N7	Naas/Newbridge Bypass	18	Motorway
N7	Kildare Bypass	12	Motorway
N7	Monasterevin Bypass	20	Motorway
N7	Watergrasshill	9	High Quality Dual Carriageway
N8	Dunkettle/Glanmire	4	High Quality Dual Carriageway
N8	Cashel Bypass	7	High Quality Dual Carriageway

Schemes In Construction.
Route	Scheme	Length (km.)	Type of Road
N7	Naas Road Widening	15	High Quality Dual Carriageway
N8	Fermoy/Watergrasshill (PPP)	17	Motorway

Schemes In Planning.
Route	Scheme	Length (km.)	Type of Road
N8	Portlaoise/Cullahill (PPP)	30	High Quality Dual Carriageway
N8	Cullahill/Cashel	38	High Quality Dual Carriageway
N8	Cashel/Mitchelstown	32	High Quality Dual Carriageway
N8	Mitchelstown Relief Road	4	High Quality Dual Carriageway
N8	Mitchelstown/Fermoy	20	High Quality Dual Carriageway

Limerick-Dublin
Schemes Completed.
Route	Scheme	Length (km.)	Type of Road
N7	Naas Road Widening	12	High Quality Dual Carriageway
N7	Naas/Newbridge Bypass	18	Motorway
N7	Kildare Bypass	12	Motorway
N7	Monasterevin Bypass	20	Motorway
N7	Limerick Southern Ring Road 1	9	High Quality Dual Carriageway

Schemes In Construction.
Route	Scheme	Length (km.)	Type of Road
N7	Naas Road Widening	15	High Quality Dual Carriageway

Schemes In Planning.
Route	Scheme	Length (km.)	Type of Road
N7	Portlaoise/Cullahill (PPP)	27	High Quality Dual Carriageway
N7	Castletown/Nenagh	35	High Quality Dual Carriageway
N7	Nenagh/Limerick	37	High Quality Dual Carriageway
N7	Limerick Southern Ring Road 11	10	High Quality Dual CarriagewayRoute: Waterford-Dublin

Schemes Completed.
Route	Scheme	Length (km.)	Type of Road
N7	Naas/Newbridge Bypass & M9 Link	17	High Quality Dual Carriageway
N7	Naas Road Widening	12	High Quality Dual Carriageway

Schemes in Construction
Route	Scheme	Length (kms)	Type of Road
N7	Naas Road Widening	15	High Quality Dual Carriageway

Schemes In Planning.
Route	Scheme	Length (km.)	Type of Road
N9	Kilcullen/Waterford (Northern)	46	High Quality Dual Carriageway
N9	Kilcullen/Waterford (Southern)	64	High Quality Dual Carriageway
N9	Waterford City Bypass	18	High Quality Dual Carriageway

Dublin — Border.
Schemes Completed.
Route	Scheme	Length (km.)	Type of Road
M1	Dunleer/Dundalk	15	Motorway
M1	Dunleer Bypass	7	Motorway
M1	Drogheda Bypass	20	Motorway
M1	Balbriggan Bypass	9	Motorway
M1	Lissenhall/Balbriggan	10	Motorway
M1	Cloghran/Lissenhall	6	Motorway

Schemes In Construction.
Route	Scheme	Length (km.)	Type of Road
M1	Dundalk Western Bypass (PPP)	12	Motorway

Schemes In Planning.
Route	Scheme	Length (km.)	Type of Road
M1	NI Border/Dundalk	8	High Quality Dual Carriageway

Bernard J. Durkan

Ceist:

218 Mr. Durkan asked the Minister for Transport the extent to which the port tunnel development contract or contracts are within cost and on time; and if he will make a statement on the matter. [32542/04]

Minister for Transport (Mr. Cullen)

The planning, design and implementation of national road improvement projects, including the Dublin Port Tunnel project, is a matter for the National Roads Authority and the local authority concerned — in this case Dublin City Council.

However, I understand from the NRA and Dublin City Council that construction of the port tunnel is expected to be completed in December 2005 and it will be open to traffic six to eight weeks later, following commissioning of operations and safety features.

I am informed that the current estimated final out-turn cost, including price variation, to date is €715 million, at 2004 prices.

Bernard J. Durkan

Ceist:

219 Mr. Durkan asked the Minister for Transport the extent to which he expects higher vehicles to be accommodated in the port tunnel; and if he will make a statement on the matter. [32543/04]

Minister for Transport (Mr. Cullen)

It is the view of Dublin City Council and the National Roads Authority that the Dublin Port Tunnel will facilitate almost all of the truck traffic currently using Dublin port. Two vehicle height surveys of HGVs using Dublin port have been carried out, one by the Dublin Port Company and one by the National Institute of Transport Logistics. Their results are summarised as follows.

	Dublin Port Company Survey	National Institute of Transport Logistics Survey
Period of study	Ongoing (data Oct 02 -July 03)	One week in May 2003
Measurement location	Tolka Quay Road Exit	Entry and exit points except Tolka Quay Road exit
Number of vehicles surveyed	785,580	Approx 53,000
Number over 4.65 m. (total)	4725	920
Number over 4.65 m. (percentage)	0.60%	1.74%
Number over 4.65 m. (average per day)	24	137

It is clear from the foregoing that a very limited proportion of HGVs using the port will not be able to use the Dublin Port Tunnel.

Provision for those HGVs not able to use the tunnel and the routing of overheight vehicles, greater than 4.65 m., through the city, will be addressed in the context of a HGV management strategy being prepared by Dublin City Council. I understand that the HGV management strategy, revised to take account of submissions received during a public consultation period, will be published shortly.

Question No. 220 answered with QuestionNo. 97.

Road Safety.

Bernard J. Durkan

Ceist:

221 Mr. Durkan asked the Minister for Transport if he has taken steps to improve the safety standards for commuters waiting at bus stops having particular regard to previous experiences; and if he will make a statement on the matter. [32545/04]

Minister for Transport (Mr. Cullen)

The Garda Síochána is the responsible authority for the location of bus stops in Dublin. Under section 85 of the Road Traffic Act 1961 the Garda Commissioner may issue a direction to a bus operator identifying the specific location of bus stops in respect of any bus route. The Garda engages in a consultation process with both the local authority and the bus service provider before issuing a direction under section 85.

The review of the location of bus stops following the Dublin Bus tragedy is ongoing by Dublin Bus and Bus Éireann. Dublin Bus has completed the development of a database to facilitate this review process. It is anticipated that this joint review will be completed by mid 2005.

Question No. 222 answered with QuestionNo. 55.

Light Rail Project.

Bernard J. Durkan

Ceist:

223 Mr. Durkan asked the Minister for Transport the extent to which extra passengers other than bus passengers have used the Luas since its introduction; and if he will make a statement on the matter. [32547/04]

Minister for Transport (Mr. Cullen)

The Railway Procurement Agency and the Dublin Transportation Office are carrying out a comprehensive assessment of the effect of Luas on travel patterns. The "Before Luas" survey was carried out in the spring of 2004 and the "After Luas" survey will be carried out in 2005 by which time travel patterns should have become established after the introduction of the new service.

The RPA has also carried out less formal research on its customer base and has advised that the majority of Luas users are not transfers from other modes of public transport. Apart from car transfers, there also appears to be a significant number of new trips to the city centre for business and or recreation.

This view is shared by city centre businesses, which report substantial increase in business as a result of Luas.

Bernard J. Durkan

Ceist:

224 Mr. Durkan asked the Minister for Transport his future plans for rail transport in the greater Dublin area; if it is intended to expand or extend the Luas, the DART or introduce a metro service; his plans in regard to either; and if he will make a statement on the matter. [32548/04]

Minister for Transport (Mr. Cullen)

The Irish Rail proposals are being assessed by my Department at present, though, in the case of the DART, the capacity of the system is currently being increased.

In addition, the Railway Procurement Agency has submitted to the Department a detailed business case for a metro from the city centre to Dublin Airport and is advancing plans for extension of the Luas to the docklands and Cherrywood. The Department is awaiting business plans from the RPA to assist in its evaluation of both Luas extensions. The RPA has also considered a preliminary analysis of the feasibility and cost of linking both Luas lines in the city centre and a more detailed proposal is now being prepared for consideration by the RPA board before its submission to the Department.

Overall, these various proposals are being considered in the context of the developing needs of public transport in the greater Dublin area, the framework outlined on the Dublin Transportation Office "Platform for Change", the recently adopted regional planning guidelines for the greater Dublin area, and the extended ten-year multi-annual capital investment envelope for transport announced by the Minister for Finance in his Budget Statement.

Question No. 225 answered with QuestionNo. 63.

Question No. 226 answered with QuestionNo. 214.

Public Transport.

David Stanton

Ceist:

227 Mr. Stanton asked the Minister for Transport his plans to establish an independent public transport procurement and regulatory body; the legislation that will be required; the timescale for same; and if he will make a statement on the matter. [32557/04]

Minister for Transport (Mr. Cullen)

It remains my intention to establish an independent public transport procurement and regulatory body in the context of public transport reform.

As I have indicated previously, I am reviewing the developments which have taken place during talks between officials of my Department and the CIE unions and the technical work which has been undertaken by my Department on the reform programme. I am also consulting with key stakeholders.

When I have completed that review and my consultations, I will consider how best to proceed to give effect to the Government commitment to reform public transport.

Community Development.

Michael Lowry

Ceist:

228 Mr. Lowry asked the Minister for Community, Rural and Gaeltacht Affairs if he plans to continue to expand the CLÁR programme; if he intends to launch a similar programme targeted at areas of rural population decline and socio-economic disadvantage; if so, the details of the programme; and if he will make a statement on the matter. [32085/04]

Michael Lowry

Ceist:

229 Mr. Lowry asked the Minister for Community, Rural and Gaeltacht Affairs if he will consider expanding the CLÁR programme to include addition rurally disadvantaged areas, particularly those identified as socioeconomically disadvantaged or suffering from rural population decline; and if he will make a statement on the matter. [32086/04]

Michael Lowry

Ceist:

230 Mr. Lowry asked the Minister for Community, Rural and Gaeltacht Affairs if he will consider areas (details supplied) for funding under the CLÁR programme or a similar initiative; if, in the case of areas already funded, he will provide additional funds; and if he will make a statement on the matter. [32087/04]

Michael Lowry

Ceist:

231 Mr. Lowry asked the Minister for Community, Rural and Gaeltacht Affairs if he will consider launching an initiative to target problems facing rural communities; and if he will make a statement on the matter. [32088/04]

Minister for Community, Rural and Gaeltacht Affairs (Éamon Ó Cuív)

I propose to take Questions Nos. 228 to 231, inclusive, together.

I introduced the CLÁR programme in October 2001 to address depopulation as well as the decline and lack of services in rural areas. Areas in 18 counties, with a population of 362,000, have been selected under the programme including areas I announced in January 2003 in honouring the commitment to review in An Agreed Programme for Government in light of the 2002 population census data.

These areas suffered the greatest population decline from 1926 to 2002 with an average population loss of 50%. The exception is the Cooley peninsula which was included on the basis of the serious difficulties caused there by foot and mouth disease. There are no plans for any further review of the boundary of CLÁR areas. I can also confirm that no other significant areas fulfil the population criteria for inclusion in CLÁR.

Of the areas detailed by the Deputy, three are in DEDs already included in CLÁR in north Tipperary. These are Upperchurch in Upperchurch DED, Kilcommon in Foilnamon DED and Rearcross in Abbington DED.

The population changes in the eight north Tipperary areas listed, not in CLÁR, ranged from -34% to +26% in the period 1926-2002. Clearly, these areas could not be considered forinclusion.

Killoscully	Killoscully DED	- 20.91
Borrisokane	Borrisokane DED	+ 6.35
Aglish	Aglishcloghane DED	- 34.08
Lorrha	Lorrha West DED	- 20.00
Rathcabban	Rathcabban DED	- 33.93
Cloughjordan	Cloughjordan DED	- 27.26
Clonmore	Ballynaclough DED	+ 25.92
Ballingarry	Ballingarry DED	- 21.11

The remaining four areas mentioned are in south Tipperary and are not included in CLÁR for the same reason. The population changes in these areas ranged from -38% to +33% in the period 1926-2002.

Boherlahan	Nodstown DED	- 23.59
Dualla	Magorban DED	-16.73
The Commons	Farranrory DED	- 37.66
Killenaule	Killenaule DED	+ 33.46

CLÁR funds or co-funds, together with other Departments, State agencies and local authorities, investment in selected priority developments. These investments are made through a series of more than 20 measures, which 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 measures were agreed with and are 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 new measures I may introduce, depending on identified needs. Equally, I will keep the operation of existing measures under review.

The merits of this practice are reflected in the successful delivery of the programme. Expenditure amounted to €14.14 million in 2002 and €8.613 million in 2003 which, it is estimated, secured a further €21 million in related public and private expenditure in these areas, which otherwise would have been bottom of the list for infrastructure investment.

To date, nearly €21 million has been allocated to the counties in CLÁR under the various measures operating under the programme. From 2002 to date, more than €452,000 has been approved for developments in the CLÁR areas of north Tipperary with €357,000 expenditure drawn down over the same period.

CLÁR is not the only programme supporting rural communities. My Department is responsible for the implementation of the Leader programmes. Leader is the European Community initiative for rural development, which provides approved local action groups with public funding — EU and domestic — to implement multi-sectoral business plans for the development of their own areas. In accordance with the bottom-up philosophy of rural development, the local Leader group is the decision-making authority in relation to approving actions falling within its business plan. Leader is being delivered in two ways during the current structural fund period 2000-2006: the EU initiative, Leader+, and the area based rural development programme — Leader — funded under the Border, midland and west, BMW, and southern and eastern regional operational programmes. Public co-funding of these programmes, amounting to €150 million, has been allocated over the period to 2006.

My Department's responsibilities also include the rural development aspects of the cross Border programmes, PEACE and INTERREG as well as the farm relief services measure of the National Development Plan 2000-06.

Funding for the local development social inclusion programme is also provided by the Department. This programme aims to counter disadvantage and promote equality and social and economic inclusion through the provision of funding and support to local partnerships and community groups, including those in rural areas.

The person named was paid his full entitlement of €2,293.10 under the area based compensatory allowance scheme on 17 September 2004. The dairy premium issued to the person named on 29 November 2004 amounted to €1,540.43. Under the 2004 EU slaughter premium scheme, 35 animals have been deemed eligible for payment to the person named. A 60% advance payment totalling €1,680.00 was issued on 16 October 2004 for these animals. To date, no applications have been received under the 2004 special beef premium scheme for the person named. He is not an applicant under the suckler cow premium scheme.

Grant Payments.

Michael Ring

Ceist:

235 Mr. Ring asked the Minister for Agriculture and Food if a person (details supplied) in County Mayo will be allowed to attend an oral hearing to finalise his appeal for consideration of force majeure, under the single payment scheme in order that he can put his case across in person. [32113/04]

Minister for Agriculture and Food (Mary Coughlan)

The person named applied for force majeure on the grounds of brucellosis depopulation of his herd during 2000. While epizootic disease is acceptable as force majeure it was decided not to apply force majeure in this case as the exclusion of 2000 from premium entitlements for the person named during the reference period 2000-2002 would have resulted in a lower single payment entitlement. The person named appealed this decision to the independent single payment appeals committee and the findings of the appeals committee were that the original decision taken by my Department should be upheld.

The independent single payment appeals committee was established to re-examine decisions taken by my Department in respect of the single farm payment scheme with which an applicant is unhappy. This committee consists of four appeals officers drawn from the agriculture appeals office and an independent chairman. However, single payment appeals do not fall under the remit of the agriculture appeals office and consequently there is no provision in such cases for an oral hearing of an appeal.

Paul Connaughton

Ceist:

236 Mr. Connaughton asked the Minister for Agriculture and Food if special consideration will be given to a problem relating to the stocking density of a herd of a person (details supplied) in County Galway; her views on whether this herd had a clear test this person would have been eligible for top rate extensification payments; and if she will make a statement on the matter. [32131/04]

Minister for Agriculture and Food (Mary Coughlan)

Minister for Agriculture and Food (Mary Coughlan)

Under EU rules on bovine animal identification, if a keeper of an animal cannot prove its identification within two working days, it must be destroyed without delay under the supervision of the veterinary authorities and without compensation from the competent authority. In this case, the person named has an animal in his herd identified with a tag number that is recorded on the database as having died in his herd in January 2002. Following an investigation and in accordance with the EU rules, he has been asked to provide information on the proper identification of this animal or risk slaughter and destruction of the animal.

The person named has now said that replacement tags, sought in respect of the animal now dead, were inserted by mistake in the animal under investigation. The notice to slaughter the animal will be withdrawn if this new information provides an acceptable identity for the animal now alive. If no alternative identity can be provided the animal must be slaughtered in accordance with EU and national regulations on traceability. On receipt of further information, which distinguishes between the two animals and correctly identifies the animal in question, the case will be reviewed.

Grant Payments.

Tom Hayes

Ceist:

241 Mr. Hayes asked the Minister for Agriculture and Food the number of applications under the force majeure scheme for single farm payment which have been received to date from persons in County Tipperary; the number which have been successful, refused, appealed successfully or otherwise, respectively; the number still awaiting a decision; and if she will give an outline of the cases that have been decided under different subject areas. [32348/04]

Minister for Agriculture and Food (Mary Coughlan)

Following is the up to date position regarding the processing of force majeure applications received from herd owners in County Tipperary under the single payment scheme during the earlier application period this year: No. of cases received, 1,498; no. of successful applicants, 238; no. of unsuccessful applicants, 919; no. awaiting decision, 341; no. of applicants who submitted an appeal to the independent single payment appeals committee, 151; no. of successful appeals, 9; no. of unsuccessful appeals, 102; and no. of applicants awaiting a decision, 40.

The breakdown of applications received under the different subject areas is as follows: force majeure applications by category: death of applicant, 89; incapacity, 285; disaster, 32; destruction, 11; disease in herd, 345 and other exceptional circumstance, 736.

My Department has also received in excess of 100force majeure applications under the second tranche of this measure, which closed on 29 October 2004. Processing of these applications is expected to begin in the next couple of weeks.

Jimmy Deenihan

Ceist:

242 Mr. Deenihan asked the Minister for Agriculture and Food when a decision will be made on the appeal by a person (details supplied) in County Kerry against the decision to reduce the special beef premium payment due to stocking density; and if she will make a statement on the matter. [32360/04]

Minister for Agriculture and Food (Mary Coughlan)

The person named submitted an appeal to the agriculture appeals office on 3 December 2004. That office, which is independent of my Department, has now requested that my Department conduct a review of this case. Following the conclusion of that review the agriculture appeals office will consider the appeal and inform the person named of the outcome in due course.

Animal Transport.

Denis Naughten

Ceist:

243 Mr. Naughten asked the Minister for Agriculture and Food the new EU regulations which apply to the transportation of animals in cases in which the distance is less than 50 kilometres; and if she will make a statement on the matter. [32371/04]

Minister for Agriculture and Food (Mary Coughlan)

The EU regulation to which the Deputy refers has yet to be formally adopted by member states. Political agreement was reached by the Council of Ministers on 22 November and the regulation is scheduled for formal adoption on 21 December 2004. Farmers transporting their own animals for a distance of less than 50 km from their holding will be required to ensure animals are fit for the intended journey and are transported in a way that is not likely to cause injury or undue suffering to them. This condition includes minimising journey length where possible, providing suitable vehicles with sufficient floor area and height, offering water, feed and rest appropriate to animal species and size and ensuring that those handling the animals are competent for this purpose. The remainder of the regulation does not apply to such transport. A proportion of this transport will be subject to checks by the competent authority.

The proposed regulation will introduce a number of requirements vis-à-vis animal welfare during transport. However, it provides that persons transporting live animals up to a maximum of 65 kilometres will be exempted from the requirements to be authorised as transporters, to complete training and for drivers and attendants to have certificates of competence. Overall, this proposal is designed to improve the conditions under which animals are transported within Ireland and throughout the European Union.

The person named has been notified that the circumstances outlined in his single payment scheme application did not satisfy the criteria for force majeure under Article 40 of EU Council Regulation 1782/2003. Following this decision, the person named submitted an appeal to the independent single payment appeals committee and the case is included for examination with the list of appeals cases to be examined next week. Following a full review of the circumstances of the case, the person named will be notified of the outcome of the appeal.

Early Retirement Scheme.

Denis Naughten

Ceist:

247 Mr. Naughten asked the Minister for Agriculture and Food if she will consider publishing guidelines to clearly set out objective procedures for the activation of a retired farmer’s entitlements by a young farmer under the ERS; if she will extend the time for claiming such entitlements beyond the currently proposed four months in cases in which a lease is due for renewal during the period in question; if she will lay down criteria whereby the lease must remain intact in cases in which such a lease is not due for renewal; and if she will make a statement on the matter. [32377/04]

Minister for Agriculture and Food (Mary Coughlan)

251 Mr. Ferris asked the Minister for Agriculture and Food the person to whom Coillte Teoranta is responsible for decisions made affecting its role as caretaker of State owned lands. [32426/04]

Minister for Agriculture and Food (Mary Coughlan)

Coillte Teoranta reports to my Department on its corporate governance. With regard to lands, the company submits and agrees with the Department a programme of sales and acquisitions each year, in accordance with Section 14 of the 1988 Forestry Act.

Martin Ferris

Ceist:

252 Mr. Ferris asked the Minister for Agriculture and Food the persons to whom Teagasc is responsible regarding decisions which it makes in line with the budget it receives from her Department. [32427/04]

Minister for Agriculture and Food (Mary Coughlan)

Teagasc, the agriculture and food development authority, was established under the Agriculture (Research, Training and Advice) Act 1988. Its function under the Act is to provide research, training and advisory services for the agri-food sector. Teagasc is governed by an eleven member authority. The chairman and five ordinary members are appointed by the Minister and the remaining five members are appointed by the Minister following nominations from designated organisations: IFA, ICMSA, ICOS, Macra na Feirme and Teagasc unions. An annual Exchequer grant in aid is provided for the purpose of expenditure by Teagasc in the performance of its statutory functions. It is the responsibility of the Teagasc authority to allocate this funding in accordance with its priorities and to take whatever action it deems necessary to produce a balanced budget for the year.

The effective use by Teagasc of the public resources allocated to it is ensured by the fact that annual programme of activities proposed by Teagasc is subject to approval by the Minister and the Minister for Finance, that Teagasc is subject to audit by the Comptroller and Auditor General, that Teagasc is required to submit its annual report and accounts to the Minister who lays them before each House of the Oireachtas, and that Teagasc is required in the conduct of its operations to adhere to the code of practice for the governance of State bodies. In accordance with this code, the chairperson of Teagasc is required to furnish to the Minister an annual report affirming that all appropriate procedures for financial reports, internal audit, procurement and asset disposal are being carried out and including a report on its system of internal financial controls. Under this code, Teagasc is also required to submit annual rolling five year business and financial plans encompassing strategy, planned investment and financial targets. A copy of the plan is sent to the Minister and the Minister for Finance.

Under the strategic management initiative, Teagasc prepares a statement of strategy which sets out the overall mission, mandate and high level goals and objectives of Teagasc and the broad strategies to be implemented. Teagasc's current statement of strategy covers the period 2003-05.

Genetically Modified Organisms.

Michael Mulcahy

Ceist:

253 Mr. Mulcahy asked the Minister for Agriculture and Food the genetically modified plants that are licensed to be grown here; the counties in which such genetically modified plants are currently being harvested; the genetically modified foodstuffs which are approved for use as animal feed here; and the food products, consumed by the general public, which contain genetically modified organisms. [32439/04]

Minister for Agriculture and Food (Mary Coughlan)

I am not aware of any harvesting or cultivation of genetically modified plants in Ireland. Seeds of genetically modified agricultural plants cannot be marketed in Ireland unless the GM seed variety is listed in the national catalogue of agricultural plant varieties of Ireland or included in either the EU common catalogue of varieties of agricultural plant species or the EU vegetable common catalogue. To be listed in such a catalogue, the GM event contained in the variety must firstly be approved under EU Directive 2001/18/EC, its predecessor, EU Directive 90/220/EEC, or EU Regulation 1829/2003. It must then successfully complete tests in a member state for distinctiveness, uniformity and stability and for value, cultivation and use. Finally, it must be included in a member state's national catalogue.

There are no GM seed varieties listed in Ireland's national catalogue. There are 17 varieties of maize currently included in the GM seed varieties of the EU common catalogue, which were genetically modified to be resistant to the European corn borer insect. These varieties were initially listed only in the national catalogues of Spain and France. As a result, they could only be cultivated in those member states and were inserted into the EU common catalogue last October.

In theory all seed varieties, including GM seed varieties, listed in the EU common catalogue can be cultivated in any member state including Ireland. However, the reality of the situation is that cultivation of the GM maize varieties referred to is unlikely to take place in Ireland because the European corn borer insect is not a significant pest in Ireland and the varieties in question are unlikely to be suitable for Irish growing conditions. The other controlling mechanism for GM cultivation within member states are procedures for managing the co-existence of GM crops alongside non-GM crops. Member states are obliged to draw up strategies and best practices based on EU guidelines to provide for effective coexistence arrangements of GM crops with non-GM crops. An interdepartmental working group has been set up by my Department to examine this matter.

The following tables set out information published by the European Commission on 19 July 2004 regarding the approval of products under the various processes either for cultivation, animal feed or food use. The European Commission decided on 19 May 2004 to approve Bt-11 sweetcorn for food use, NK603 maize for import, animal feed use and processing and decided on 26 October 2004 to approved NK 603 maize for food use. The following tables and additional information are available on the following website: europa.eu.int/geninfo/query/engine/search/query.pl.

GMO products. Approved under directive 90/220/EEC as of March 2001.
	Product	Notifier	Date of Commission Decision1/ Member State Consent2
1.	Vaccine against Aujeszky's disease	Vemie Veterinår Chemie GmbH	18.12.92
2.	Vaccine against rabies	Rhône-MêrieuxC/B/92/B28 & C/F/93/03-02	19.10.93
3.	Tobacco tolerant to bromoxynil	SEITAC/F/93/08-02	08.06.94
4.	Vaccine against Aujeszky's disease (further uses)3	Vemie Veterinår Chemie GmbHC/D/92/I-1	18.07.94
5.	Male sterile swede rape resistant to glufosinate ammonium (MS1, RF1)Uses: breeding activities	Plant Genetic SystemsC/UK/94/M1/1	06.02.96
6.	Soybeans tolerant to glyphosateUses: import and processing	MonsantoC/UK/94/M3/1	03.04.96
7.	Male sterile chicory tolerant to glufosinate ammoniumUses: breeding activities	Bejo-Zaden BVC/NL/94/25	20.05.96
8.	Bt-maize tolerant to glufosinate ammonium(Bt-176)	Ciba-GeigyC/F/94/11-03	23.01.97
9.	Male sterile swede rape tolerant to glufosinateammonium (MS1, RF1)4Uses: import and Processing	Plant Genetic SystemsC/F/95/05/01/A	06.06.97(not finally approved by F)
10.	Male sterile swede rape tolerant to glufosinate ammonium (MS1, RF2)5	Plant Genetic SystemsC/F/95/05/01/B	06.06.97(not finally approved by F)
11.	Test kit to detect antibiotic residues in milk	Valio OyC/F1/96-1NA	14.07.97
12.	Carnation lines with modified flower colour	FlorigeneC/NL/96/14	01.12.97(MS consent)
13.	Swede rape tolerant to glufosinate ammonium (Topas 19/2)Uses: import and processing	AgrEvoC/UK/95/M5/1	22.04.98
14.	Maize tolerant to glufosinate ammonium (T25)	AgrEvoC/F/95/12/07	22.04.98
15.	Maize expressing the Bt cryIA(b) gene (MON 810)	MonsantoC/F/95/12-02	22.04.98
16.	Maize tolerant to glufosinate ammonium and expressing the Bt cryIA(b) gene (Bt-11)Uses: import and processing	Novartis(formerly Northrup King)C/UK/96/M4/1	22.04.98
17.	Carnation lines with improved vase life	FlorigeneC/NL/97/12	20.10.98(MS consent)
18.	Carnation lines with modified flower colour	FlorigeneC/NL/97/13	20.10.98(MS consent)

1Where objections were raised by Member State authorities.

2In the absence of objections by Member State authorities.

3Linked to item 1 (same product, further uses).

4Linked to item 5 (same product, further uses).

5This product is the result of a different transformation event to that of No. 9.

Genetically Modified (GM) foods authorised in the European Union.
	Event	Crop	Applicant	Trait	Potential Food Uses	Date	Legal Basis
1	GTS 40/3/2	Soybean	Monsanto	Insect protection and herbicide tolerance	Soy foods. Soy foods include soy beverages, tofu, soy oil, soy flour, lecithin.	03.04.1996	Dir. 90/220/EEC — Art. 13
2	Bt 176	Maize	Ciba-Geigy	Insect protection and herbicide tolerance	Maize foods. Maize foods include kernels, oil, maize flour, sugar, syrup.	23.01.1997	Dir. 90/220/EEC — Art. 13
3456	TOPAS 19/2MS1 / RF2MS1 / RF1GT 73	Oilseed rapeOilseed rapeOilseed rapeOilseed rape	AgrEvoPlant Genetic SystemsPlant Genetic SystemsMonsanto	Herbicide toleranceHerbicide toleranceHerbicide toleranceHerbicide tolerance	Rapeseed oil. Products made with rapeseed oil may include fried foods, baked products and snack foods.	24.06.199724.06.199724.06.199721.11.1997	Reg. (EC) 258/97 — Art. 5Reg. (EC) 258/97 — Art. 5Reg. (EC) 258/97 — Art. 5Reg. (EC) 258/97 — Art. 5
78910	MON 810T 25Bt 11MON 809	MaizeMaizeMaizeMaize	MonsantoAgrEvoNovartisPioneer	Insect protectionHerbicide toleranceInsect protectionInsect protection	Maize derivatives. These may include maize oil, maize flour, sugar and syrup. Products made with maize derivatives may include snack foods, baked foods, fried foods, confectionery and soft drinks.	06.02.199806.02.199806.02.199823.10.1998	Reg. (EC) 258/97 — Art. 5Reg. (EC) 258/97 — Art. 5Reg. (EC) 258/97 — Art. 5Reg. (EC) 258/97 — Art. 5
111213	Falcon GS 40/90Liberator L62MS8/RF3	Oilseed rapeOilseed rapeOilseed rape	Hoechst / AgrEvoHoechst / AgrEvoPlant Genetic Systems	Herbicide toleranceHerbicide toleranceHerbicide tolerance	Rapeseed oil. Products made with rapeseed oil may include fried foods, baked foods and snack foods.	08.11.199908.11.199926.04.2000	Reg. (EC) 258/97 — Art. 5Reg. (EC) 258/97 — Art. 5Reg. (EC) 258/97 — Art. 5
141516	1445531pRF69/pRF93	CottonCottonBacillus subtilis	MonsantoMonsantoF. Hoffmann-La Roche	Herbicide toleranceInsect protectionRiboflavin	Cottonseed oil. Products made with cottonseed oil may include fried foods, baked foods and snack foods.ËVitamin B2.	19.12.200219.12.200223.03.2000	Reg. (EC) 258/97 — Art. 5Reg. (EC) 258/97 — Art. 5Reg. (EC) 258/97 — Art. 5

Grant Payments.

Denis Naughten

Ceist:

254 Mr. Naughten asked the Minister for Agriculture and Food the number of farmers yet to be informed of their entitlements under the single farm payment; and if she will make a statement on the matter. [32444/04]

Minister for Agriculture and Food (Mary Coughlan)

Approximately 10,000 farmers have yet to be informed of their provisional entitlements under the single payment scheme. Those that have yet to receive notification of their provisional entitlements include applicants under force majeure, new entrants, inheritance and other categories. Work is ongoing in processing these cases, with a view to issuing provisional entitlement statements as soon as possible.

The person named applied for premium on 60 animals under the 2004 suckler cow premium scheme. Movement details of one of the animals were incorrectly recorded on CMMS and as this matter remained unresolved, the 60% advance entitlement was calculated in respect of 59 animals with payments of €7,934.91 issuing on 25 November 2004. The CMMS record has since been updated and the person named will be paid his full entitlement for this one animal at balancing payment stage along with the balance due in respect of 59 animals already paid. Balancing payments will be made in March or April 2005.

Land Registry Office.

Seymour Crawford

Ceist:

258 Mr. Crawford asked the Minister for Justice, Equality and Law Reform when a case for a person (details supplied) in County Monaghan will be dealt with through the Land Registry office; if this case will be expedited as a matter of urgency; and if he will make a statement on the matter. [32071/04]

Minister for Justice, Equality and Law Reform (Mr. McDowell)

I am informed by the Registrar of Titles that this is an application under section 49, the acquisition of title by virtue of long possession, of the Registration of Title Act 1964 and which was lodged on 26 March, 2001. The application refers to Dealing Number D2001CS002284G. 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 propose to take Questions Nos. 260, 261 and 275 together.

A working group on safety cameras chaired by my Department, and consisting of representatives of the Garda Síochána, the Department of Transport and the National Roads Authority is currently examining how the provision, operation and processing of the output of speed cameras would operate, including how camera sites will be chosen. Work is currently well advanced on preparing proposals on how the management of these arrangements will be structured and I expect to formulate proposals shortly. It is intended that the Garda Síochána will continue to play a central role with respect to the location of the cameras. The enactment of new legislative provisions will be necessary to enable these proposals to be implemented. Such legislation is a matter for my colleague, the Minister for Transport, Deputy Cullen.

The maximum number of gardaí should be involved in front line policing and not in back office administrative work. To achieve this, outsourcing of non-core Garda work is necessary. This will include outsourcing the provision, maintenance and operation of speed cameras. The Government's road safety strategy for 2004-06 was published some months ago by the Minister for Transport. It notes that successful jurisdictions, such as Victoria in Australia, have benefited from the engagement of private sector interests for the operation of camera and other detection equipment. The arrangements in place in Victoria greatly facilitate the determination of annual levels of checks for the entire fleet of vehicles. The strategy therefore proposes that the Garda Síochána will enter into arrangements for the engagement of a private sector concern for the purposes of the provision and operation of a nationwide programme for the detection of speeding offences. Outsourcing of the operation of camera equipment will also free up Garda resources for enforcement purposes. These arrangements may see the project being rolled out on a phased basis and, in addition to speeding offences, it may extend to other appropriate traffic offences.

Visa Applications.

For the next three years, there will be an annual intake of almost 1,100 new recruits. The advertisement campaign for this first tranche of 1,100 recruits was launched on Thursday 25 November 2004.

Dublin-Monaghan Bombings.

Finian McGrath

Ceist:

265 Mr. F. McGrath asked the Minister for Justice, Equality and Law Reform if a person (details supplied), suspected of involvement in the Dublin bombings of 1974, is dead; if a death certificate was produced at the cremation in England; and if he will work with the Department of Foreign Affairs on this issue. [32081/04]

Minister for Justice, Equality and Law Reform (Mr. McDowell)

I am informed by the Garda authorities that, although it received no official notification, the Garda Síochána is aware that the person in question died on 10 June 2003. However, as the death occurred outside the jurisdiction, it is not known whether a death certificate was produced at the cremation. The Department of Foreign Affairs has been asked to try and obtain further information through the Embassy of Ireland.

Asylum Applications.

Paul Nicholas Gogarty

Ceist:

266 Mr. Gogarty asked the Minister for Justice, Equality and Law Reform if a decision has been made on the appeal being determined under section 3 of the Immigration Act 1999 by a person (details supplied); and if he will make a statement on the matter. [32126/04]

Minister for Justice, Equality and Law Reform (Mr. McDowell)

I refer the Deputy to my reply to Parliamentary Question No. 204 of 26 May 2004. One of the issues mentioned was refoulement and the situation in Afghanistan is still being monitored to determine the safety of returning persons there. There is also doubt about the stated nationality of the person concerned and further inquiries are being made in this regard. The person concerned will be informed of the outcome of these deliberations in due course.

Seán Haughey

Ceist:

267 Mr. Haughey asked the Minister for Justice, Equality and Law Reform the consideration being given to allowing refugees, asylum seekers and illegal immigrants remain in the State on the basis that they have Irish born children; and if he will make a statement on the matter. [32304/04]

Minister for Justice, Equality and Law Reform (Mr. McDowell)

270 Mr. Carey asked the Minister for Justice, Equality and Law Reform if he has had an opportunity to examine the concept of community courts as outlined in a report (details supplied) for the Dublin City Centre Business Association; his views on whether this model will contribute to the better administration of justice; and if he will make a statement on the matter. [32310/04]

Minister for Justice, Equality and Law Reform (Mr. McDowell)

The concept of community courts is receiving ongoing consideration within my Department. Officials of my Department have met the director of the New York based center for court innovation, the body responsible for the development of the Midtown community court and which is the court referred to by the Dublin City Business Association in its report.

The concept has some similarities with the pilot drug court programme which was launched in the Dublin District Court in 2001. Dublin's north inner city was chosen as the location from which to operate the pilot drug court. The programme marked a major policy initiative in the criminal justice system and was designed as an alternative measure for dealing with less serious and non-violent drug offenders. The project was evaluated by consultants at the end of the 18 month period in July 2002. They recommended that the pilot project be extended and the catchment area be widened to include the Dublin 7 area for the period of the extended pilot project to focus on the research and development activity necessary to roll-out the drug court more widely.

I welcomed the recommendations in the consultancy report and supported the extension of the drug court to the Dublin 7 catchment area. This will allow time for further consideration, in consultation with the relevant Departments and agencies, of how the drug court concept should be further developed and resourced. A further evaluation of the operation of the court in the extended area is being carried out by the Courts Service, after which an informed decision can be taken on its further expansion.

Prisoner Releases.

Paul Connaughton

Ceist:

271 Mr. Connaughton asked the Minister for Justice, Equality and Law Reform if he will report on aspects of the Olden report which would specifically protect the community at large from persons convicted of more than one murder should these be released from prison; if his attention has been drawn to the tragic circumstances of a person (details supplied); his views on whether there are similarities between this case and the application to the parole board to have other persons released from prison despite their having served life sentences for brutal murders; and if he will make a statement on the matter. [32311/04]

Minister for Justice, Equality and Law Reform (Mr. McDowell)

I am well aware of the background to the tragic case referred to by the Deputy which gave rise to the Olden report. Sentences of all long-term prisoners are being managed in a manner consistent with the recommendations of the Olden report. Life sentence prisoners may have their cases reviewed by the interim parole board once they have served seven years in prison custody and the board has responsibility for advising me on the administration of such sentences.

The prisoners referred to by the Deputy, like any life sentence prisoners in the system, may have their cases reviewed by the board. Nevertheless, it can also be inferred from the length of sentence already served, 26 years, that their offences are viewed as most heinous and any decision to grant any form of concession in their cases would not be taken lightly. At this stage, I have received no recent recommendation from the interim parole board on these cases.

Garda Stations.

Denis Naughten

Ceist:

272 Mr. Naughten asked the Minister for Justice, Equality and Law Reform which Garda stations in the Roscommon/east Galway and the Sligo/Leitrim divisions have a PULSE computer; the plans he has to extend access to the system; and if he will make a statement on the matter. [32380/04]

Minister for Justice, Equality and Law Reform (Mr. McDowell)

The information requested by the Deputy regarding the availability of PULSE in the Roscommon and east Galway division and the Sligo and Leitrim Division is as follows: Roscommon-east Galway: Roscommon, Ballinasloe, Boyle, Castlerea and Tuam. I am informed by the Garda authorities that it is planned to expand the PULSE system to Mountbellew Garda station as part of the next expansion of the PULSE system. Sligo-Leitrim: Sligo, Ballymote, Carrick-on-Shannon and Manorhamiltion. I am informed by the Garda authorities that it is planned to expand the PULSE system to Mohill Garda station as part of the next expansion of the PULSE system.

Further extensions to the PULSE system to additional Garda stations will be considered in the context of the Garda information and communications technology strategy currently under preparation by the Garda Síochána.

Denis Naughten

Ceist:

273 Mr. Naughten asked the Minister for Justice, Equality and Law Reform the Garda stations in the Roscommon and east Galway and Sligo and Leitrim divisions which are manned on a daily basis; and if he will make a statement on the matter. [32381/04]

Minister for Justice, Equality and Law Reform (Mr. McDowell)

I have been informed by the Garda authorities, who are responsible for the detailed allocation of resources, including personnel, that there were 246 personnel of all ranks in the Roscommon and east Galway division on 6 December 2004. I am further informed that there are 37 Garda stations in the Roscommon and east Galway division. These are incorporated into five Garda districts. The district headquarters stations, which are at Roscommon, Ballinasloe, Boyle, Castlerea and Tuam, are manned on a 24 hour daily basis.

All remaining Garda stations are manned and opened at varying times on different days when personnel attached to those stations are on rostered working days. The only exception to this is Mountbellew Garda station, which forms part of a community policing initiative. The station is opened Monday to Friday, from 9 a.m. to 5 p.m. each week and on Saturdays and Sundays at times determined by personnel working arrangements.

With regard to the Sligo and Leitrim Division, there were 246 personnel of all ranks on 6 December 2004. There are 28 Garda stations in the Sligo and Leitrim division. These are incorporated into four Garda districts. The district headquarters stations, which are at Sligo, Ballymote, Manorhamilton and Carrick-On-Shannon are manned on a 24 hour daily basis. All remaining Garda stations within the division are manned and open normally from 10 a.m. to 1 p.m. on specified days.

I have been informed by the Garda authorities, who are responsible for the detailed allocation of resources, including personnel, that there were 64 personnel of all ranks in Cabra Garda station on 3 December 2004. The centre referred to by the Deputy consists of seven units with parking spaces available to the public. Local Garda management is satisfied that the area receives adequate attention through ongoing and regular patrols from Cabra Garda station.

I am very pleased to say that the Government has approved my proposal to increase the strength of the Garda Síochána to 14,000 members on a phased basis, in line with the commitment in An Agreed Programme for Government. This is a key commitment in the programme for Government and its implementation will significantly strengthen the operational capacity of the force. The Garda Commissioner will now draw up plans on how best to distribute and manage these resources. The additional resources will be targeted at the areas of greatest need, as is envisaged in the programme for Government. The programme identifies areas with a significant drugs problem and a large number of public order offences, but it will be possible to address other priorities as well, such as the need to very significantly increase the number of gardaí allocated to traffic duties as part of the new Garda traffic corps. The additional gardaí will not be put on administrative duties. They will be put directly into frontline, operational, high-visibility policing and they will have a real impact.

For the next three years, there will be an annual intake of almost 1,100 new recruits. The advertisement campaign for this first tranche of 1,100 recruits was launched on Thursday 25 November 2004.

Crime Prevention.

Finian McGrath

Ceist:

274 Mr. F. McGrath asked the Minister for Justice, Equality and Law Reform his plans to deal with anti-social behaviour across the north side of Dublin; and if he will make a statement on the matter. [32383/04]

Minister for Justice, Equality and Law Reform (Mr. McDowell)

I assure the Deputy that strong provisions have been put in place to combat the causes of public disorder and anti-social behaviour, not only on the north side of Dublin, but throughout the country. Reductions in violence and public order offences have followed the enactment in 2003 of the Criminal Justice (Public Order) Act 2003 and the Intoxicating Liquor Act 2003, which give significant additional powers to the Garda to deal with public order and street crime. I particularly welcome the reduction in the number of assaults causing harm in the third quarter of 2004, by 2% since the third quarter of 2003.

The Intoxicating Liquor Act 2000 strengthened the provisions which existed in the Intoxicating Liquor Act 1988 relating to the supply or sale of intoxicating liquor to under age persons. It increased fines for breaches of the law on under age drinking. Serious penalties, including the temporary closure of a licensed premises, can result if a licensee is convicted of selling intoxicating liquor to an under age person. The Garda can target a range of premises in which customers cause trouble. After warning the owner, the Garda can apply for a closure order. Convicted trouble makers can be served with exclusion orders prohibiting them from entering or being near specified premises. The law relating to conduct on licensed premises has been updated and made easier to enforce. Premises can be temporarily closed for supplying alcohol to persons who are drunk, for permitting drunkenness and for failing to preserve order.

The administration of the national age cards scheme by the Garda has facilitated the force, in co-operation with the licensed trade, in addressing and combating under age drinking. The age card scheme allows those who have reached the age of 18 to apply for an age card at a local Garda station to confirm that they have attained the legal age for purchasing intoxicating liquor. The Garda monitors the scheme continuously to ensure that it takes account of changing circumstances.

Garda youth diversion projects are part of a community-based, multi-agency crime prevention initiative which seeks to divert young persons from becoming involved, or further involved, in anti-social or criminal behaviour by providing suitable activities to facilitate personal development, promote civic responsibility and improve long-term employability prospects. The projects contribute to improving the quality of life within communities and enhancing relations between the Garda and communities. I am committed to the continuing development of the projects, as well as their expansion, as resources permit. The number of projects has grown from 12 in 1997 to 64 at present, a process made possible in part by funding under the national development plan. The locations of the new projects were decided by the Garda authorities in conjunction with the Department of Justice, Equality and Law Reform. While legislative measures and initiatives such as the age card scheme help to curtail anti-social behaviour and under age drinking, they cannot be viewed as the only solution. All parties with an interest need to play a role in helping to address anti-social behaviour, with particular regard to young people.

The Garda authorities responded to public order problems with a public order initiative called Operation Encounter, which came into operation in February 2002. The initiative is focused on all public order issues in the community. Recent figures show that 179,815 crimes have been detected since its inception. Uniformed and plain clothes mobile units conduct regular patrols in areas considered by the Garda to be susceptible to anti-social behaviour. The Garda is aware of the problems associated with the anti-social behaviour experienced by certain communities, some of which have been assigned dedicated community gardaí. The community gardaí meet local residents regularly to offer advice and to try to address difficulties being experienced by them. The mountain bike unit provides high visibility in areas of high population density. Patrols are further augmented by the divisional crime task force, detective units, special resource units and, in particular, traffic units.

I am pleased that the Government has approved my proposal to increase the strength of the Garda Síochána to 14,000 members on a phased basis, honouring the commitment in An Agreed Programme for Government. The implementation of this key commitment will significantly strengthen the force's operational capacity. The Garda Commissioner will draw up plans on how best to distribute and manage the resources. It is clear that additional resources will be targeted at areas of greatest need, as envisaged in the programme for Government, which refers to such areas as being those with a significant drugs problem and a large number of public order offences. It will be possible to address other priorities, such as the need to increase significantly the number of gardaí allocated to traffic law enforcement. I have promised that the extra gardaí will not be allocated administrative duties, but will be involved directly in front-line, operational and high visibility policing. There will be an intake of almost 1,100 new recruits in each of the next three years. The advertising campaign for the first tranche of 1,100 recruits was launched on Thursday 25 November 2004.

Question No. 275 answered with QuestionNo. 260.

Child Care Services.

Breeda Moynihan-Cronin

Ceist:

276 Ms B. Moynihan-Cronin asked the Minister for Justice, Equality and Law Reform when he intends to make a decision on the application for funding under the Equal Opportunities Childcare Programme by a group (details supplied) in County Kerry and to take into account the fact that a site with full planning permission is available; and if he will make a statement on the matter. [32419/04]

Minister for Justice, Equality and Law Reform (Mr. McDowell)

Having made inquiries, I understand an application for capital grant assistance under the equal opportunities child care programme was submitted by the group in question to the Department of Justice, Equality and Law Reform some time ago. The programme in question is a seven-year development programme, aimed at increasing the availability and quality of child care and supporting parents in employment, education and training. The progress of the programme was commented on favourably in the mid-term evaluations of the regional operational programmes and the national development plan. Additional funding of some €12 million was made available for the child care measures following the mid-term review, bringing the total funding available for the programme to €449.3 million, including an increased provision of €157 million for capital developments.

With the technical assistance of ADM Limited, the Department of Justice, Equality and Law Reform has processed and I have approved 1,271 applications for capital grant assistance of more than €118 million, as well as 1,015 applications for staffing grant assistance of €104 million, since 2000. Almost €44 million has been allocated for projects under the quality measure. Much of the remaining current funding is required for ongoing supports to groups providing child care services to disadvantaged families to enable them to participate in employment, education and training opportunities. The provision of an additional capital allocation of €90 million over five years for the development of child care facilities was made in the context of the recent budget. Therefore, I expect to be in a position to make an announcement on the allocation of the first tranche of funding in the next week or so, after which the Department will write to all applicants for capital grant assistance. In the interim, it would be premature of me to comment further on this capital grant application.

Control of Firearms.

Fergus O'Dowd

Ceist:

277 Mr. O’Dowd asked the Minister for Justice, Equality and Law Reform his views on a petition (details supplied) to him regarding amendment to section 30 of the Criminal Justice (Amendment) Bill 2004. [32436/04]

Minister for Justice, Equality and Law Reform (Mr. McDowell)

I am aware of the views of individuals and organisations on proposed changes in legislation relating to the control of firearms. A number of submissions have been received, particularly through a dedicated part of the website of the Department of Justice, Equality and Law Reform that was set up to facilitate a consultation process. I am conscious of the overriding need to ensure that public safety and security are given priority in any review of policy and legislation on firearms. With this in mind, and taking into account a recent increase in violent crime involving firearms, I decided to introduce certain proposals for inclusion in the Criminal Justice Bill 2004. The Bill, as published, contains a proposal that provides for the secure custody of firearms. Other provisions will be introduced as Committee Stage amendments to the Bill. Any relevant recommendations arising from the tribunal of inquiry into the fatal shooting of Mr. John Carthy at Abbeylara, County Longford on 20 April 2000 — the Barr tribunal — will be considered. They will depend on the timing of the publication of the tribunal's conclusions.

I emphasise that the inclusion of such provisions in the Criminal Justice Bill should not be construed as equating legitimate sports people with criminals. The provision in the published Bill is in the form of an amendment to the Firearms Act 1925. Further provisions on the control of firearms to be introduced on Committee Stage will also be in the form of amendments to that Act. I am sure the Deputy will agree that this is the quickest way of ensuring that important amendments concerning the control of firearms are implemented.

Child Care Services.

Seymour Crawford

Ceist:

278 Mr. Crawford asked the Minister for Justice, Equality and Law Reform when a decision on the application for grant assistance for a capital project by a centre (details supplied) in County Monaghan will be determined; and if he will make a statement on the matter. [32440/04]

Minister for Justice, Equality and Law Reform (Mr. McDowell)

Having made inquiries, I understand an application for capital grant assistance under the equal opportunities child care programme was submitted by the group in question to the Department of Justice, Equality and Law Reform in December 2003. The Deputy may be aware that the group has been approved €211,660 in staffing grant assistance under the programme.

The programme in question is a seven-year development programme, aimed at increasing the availability and quality of child care and supporting parents in employment, education and training. The progress of the programme was commented on favourably in the mid-term evaluations of the regional operational programmes and the national development plan. Additional funding of some €12 million was made available for the child care measures following the mid-term review, bringing the total funding available for the programme to €449.3 million, including an increased provision of €157 million for capital developments.

With the technical assistance of ADM Limited, the Department of Justice, Equality and Law Reform has processed and I have approved 1,271 applications for capital grant assistance of more than €118 million, as well as 1,015 applications for staffing grant assistance of €104 million, since 2000. Almost €44 million has been allocated for projects under the quality measure. Much of the remaining current funding is required for ongoing supports to groups providing child care services to disadvantaged families to enable them to participate in employment, education and training opportunities. The provision of an additional capital allocation of €90 million over five years for the development of child care facilities was made in the context of the recent budget. Therefore, I expect to be in a position to make an announcement on the allocation of the first tranche of funding in the next week or so, after which the Department will write to all applicants for capital grant assistance. In the interim, it would be premature of me to comment further on this capital grant application.

Visa Applications.

Pat Breen

Ceist:

279 Mr. P. Breen asked the Minister for Justice, Equality and Law Reform the reason a person (details supplied) in County Clare has been refused a visa; the income which is required for a person to keep his or her family here; and if he will make a statement on the matter. [32442/04]

Minister for Justice, Equality and Law Reform (Mr. McDowell)

In the case of family members of an non-EEA national worker who require visas, the general rule is that after the worker may be joined by his or her family after he or she has been in the State for 12 months and has been offered employment for a further 12 months. The permission is subject to the worker being able to support the family without recourse to public funds. When assessing applications visa officers consider, inter alia, whether the worker’s salary comes within the ambit of qualifying for payments from public funds. The criteria set by the Department of Social and Family Affairs for eligibility for family income supplement payment are used. The criteria, which may change from time to time, are available on the Department’s website, www.welfare.ie/publications/sw22.html. If the worker qualifies for family income supplement payments, as evidenced by his or her payslips or P60, the application is generally refused as it is evident that his or her family can seek recourse to public funds.

Joe Costello

Ceist:

280 Mr. Costello asked the Minister for Justice, Equality and Law Reform if a visa will be granted to a person (details supplied); when a decision will be made; and if he will make a statement on the matter. [32452/04]

Minister for Justice, Equality and Law Reform (Mr. McDowell)

I advise the Deputy that the visa application has been approved.

Refugee Status.

Fergus O'Dowd

Ceist:

281 Mr. O’Dowd asked the Minister for Justice, Equality and Law Reform further to Question No. 328 of 11 May 2004, if persons (details supplied) in County Louth will be granted permission to remain; and if he will make a statement on the matter. [32453/04]

Minister for Justice, Equality and Law Reform (Mr. McDowell)

Details of the female applicant's case were given in my reply to Question No. 328 of 11 May 2004. I informed the House that the person in question was refused refugee status in the State following the consideration of her case by the office of the Refugee Applications Commissioner, and on appeal by the Refugee Appeals Tribunal. I further informed the House that a notification under section 3(3)(a) of the Immigration Act 1999, as amended, had been issued to the person on 27 April 2004, in which she was advised that the Minister had decided to refuse her a declaration as a refugee.

The notification set out the options open to the female applicant, which were to leave the State voluntarily before the Minister decided whether to make a deportation in respect of her, to consent to the making of a deportation order in respect of her, or to make written representations to the Minister setting out reasons she should be allowed to remain temporarily in the State. Representations have since been received setting out the reasons the person in question should not be deported. I will examine the case file in due course, having regard to section 3(6) of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996, as amended.

The applicant's husband, who is comprehended by the question, was refused refugee status by the office of the Refugee Applications Commissioner and on appeal by the Refugee Appeals Tribunal. He was further sent a notification under section 3(3)(a) of the Immigration Act 1999, as amended, on 25 November 2004, in which he was advised that the Minister had decided to refuse him a declaration as a refugee. The notification set out the options open to him in respect of voluntary repatriation or deportation. The male applicant has to respond within 15 working days of the date of the Minister’s letter. The cases will be dealt with together.

Registration of Title.

John Ellis

Ceist:

282 Mr. Ellis asked the Minister for Justice, Equality and Law Reform if his Department will complete a dealing (details supplied). [32459/04]

Minister for Justice, Equality and Law Reform (Mr. McDowell)

Minister for Justice, Equality and Law Reform (Mr. McDowell)

The Road Traffic (National Car Test) (No. 3) Regulations 2001 exempt vehicles owned by the Defence Forces and the Garda Síochána from the national car test (NCT).

The operating cost for each Garda helicopter, excluding the air crew is approximately €1,000 per hour. This cost is in line with the internationally accepted operating costs for a helicopter operating in a policing environment.

The helicopter air crew generally consists of one air corps officer, one Garda sergeant and one garda. The approximate salary cost of the air crew amounts to €75 per hour. The total approximate hourly operating cost for a Garda helicopter is €1,075, which equates to €17.92 per minute.

Jim O'Keeffe

Ceist:

292 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the age, make and model of the oldest Garda car in each Garda divisional unit; and if he will make a statement on the matter. [32595/04]

Minister for Justice, Equality and Law Reform (Mr. McDowell)

In the time available for answering parliamentary questions, it has not been possible to compile the detailed information requested by the Deputy. The information requested is being compiled and I will forward it to the Deputy shortly.

Teaching Qualifications.

Paul Kehoe

Ceist:

293 Mr. Kehoe asked the Minister for Education and Science the criteria or standards used or qualifications required of persons wishing to be employed as classroom assistants; and if she will make a statement on the matter. [32060/04]

Minister for Education and Science (Ms Hanafin)

Approval for the post of special needs assistant is granted by my Department. However, the appointment of individual special needs assistants in primary and second level schools is a matter for each school authority. The procedures for the appointment of special needs assistants in primary schools are outlined in circular SNA 3/03. I will arrange for a copy of the circular to be forwarded directly to the Deputy.

Teachers’ Remuneration.

Paul Kehoe

Ceist:

294 Mr. Kehoe asked the Minister for Education and Science if the deductions made from the pay increases of salary arrears for a person (details supplied) in County Wexford due to sick leave will be explained; and if she will make a statement on the matter. [32061/04]

Minister for Education and Science (Ms Hanafin)

The person in question is employed as a primary school caretaker under the 1978-79 scheme. His terms of employment entitle him to 91 days sick leave in a 12-month period of service. Any sick leave in excess of this limit is unpaid and does not qualify for arrears in respect of salary.

Following an agreement with SIPTU, a gross pro rata arrears payment in respect of phase 1 of parallel benchmarking, effective from 1 December 2001, and the final phase of Programme for Prosperity and Fairness, effective from 1 October 2002, issued to caretakers employed under the 1978-79 scheme. The person in question had his actual salary arrears calculated up to and including 31 December 2003. They were adjusted to reflect his period of unpaid sick leave.

Schools Refurbishment.

Seán Crowe

Ceist:

295 Mr. Crowe asked the Minister for Education and Science if funding will be provided for much needed refurbishment at a school (details supplied) in Dublin 24. [32070/04]

Minister for Education and Science (Ms Hanafin)

The application from the school to which the Deputy refers is being considered as part of a review of all projects which did not proceed to construction as part of the 2004 schools building programme. Under this review, all projects are being assessed against the published prioritisation criteria which were revised earlier this year following consultation with the education partners. Each project will be assigned a band rating and the progress of all projects will be considered in the context of the schools building programme from 2005 onwards details of which will be announced over the coming months.

Educational Disadvantage.

Joe Costello

Ceist:

296 Mr. Costello asked the Minister for Education and Science if she will respond to questions raised in correspondence (details supplied); and if she will make a statement on the matter. [32077/04]

Minister for Education and Science (Ms Hanafin)

The school to which the Deputy refers is currently included in the disadvantaged areas scheme, DAS, and Giving Children an Even Break, GCEB.

Under the disadvantaged areas scheme, the school benefits from the allocation of one concessionary teaching post, additional capitation grants of €38.09per capita, a refund of the television licence fee and eligibility for 95% building grants for building projects. Designated disadvantaged schools are included in the home-school-community liaison scheme and this school has the service of a shared home-school-community liaison co-ordinator.

Giving Children an Even Break subsumes the previous process of designation of schools that serve areas of educational disadvantage and my Department's approach is now refined to ensure that individual "at risk" pupils are targeted. Rather than the old method of designating additional schools, under this scheme my Department provides support that is commensurate with the levels of concentration in schools of pupils with characteristics that are associated with educational disadvantage and early school leaving.

Primary schools participating in Giving Children an Even Break are in receipt of a range of additional supports including teacher posts and other non-teaching supports to be targeted at disadvantaged pupils. The additional supports provided reflect the level of concentration of pupils from educationally disadvantaged backgrounds in each school invited to participate in the programme. Schools already in the disadvantaged areas scheme retain their existing entitlements.

Schools categorised as urban with the highest concentrations of at-risk pupils are being supported, where necessary, through staff allocations to implement a pupil-teacher ratio of 20:1 in the junior classes — infants through second class — and a pupil-teacher ratio of 27:1 in senior classes — third through sixth classes. The school to which the Deputy refers is among the schools considered for staffing. However, based on the enrolment of 30 September 2003, the school did not warrant the allocation of additional teaching posts for 2004-05.

My Department has been engaged in an overall review of its educational disadvantage programmes, with a view to building on what has been achieved to date, adopting a more systematic, targeted and integrated approach and strengthening the capacity of the system to meet the educational needs of disadvantaged children and young people. Any decision to expand or extend any of the initiatives aimed at addressing educational disadvantage is being considered in the context of this review, the outcome of which I hope to announce shortly.

Pupil-Teacher Ratio.

Brendan Howlin

Ceist:

297 Mr. Howlin asked the Minister for Education and Science if her attention has been drawn to the fact that a primary school (details supplied) in County Wexford has two junior infant classes that have had to be amalgamated, resulting in a pupil-teacher ratio of 37:1 at that level, that there is only one teacher for third and fourth class which, with a combined enrolment of 40 pupils, is far in excess of the prescribed limit for mixed classes with a single teacher and that three of the six classes in this school have more than 31 pupils, while the remaining three classes each have more than 20 pupils; the way in which she proposes to deal with the unsatisfactory pupil-teacher ratios in this school; if she will sanction an additional teaching post to ensure that junior infant pupils can receive a measure of individual attention; and if she will make a statement on the matter. [32099/04]

Minister for Education and Science (Ms Hanafin)

The staffing of a primary school for a particular school year is determined by reference to the enrolment in the school on 30 September of the previous school year. This is in accordance with guidelines agreed between my Department and the education partners. The guidelines can only be deviated from where a school experiences rapid growth in its enrolment. In such cases, an additional post, referred to as a developing school post, may be sanctioned provisionally where the projected enrolment at 30 September of the school year in question equals or exceeds a specified figure. If the specified figure is not achieved on 30 September, sanction for the post is withdrawn.

The staffing schedule is structured to ensure that all primary schools will operate to an average mainstream class size of 29 pupils. School authorities should ensure that there is an equitable distribution of pupils in mainstream classes and that the differential between the largest and the smallest classes is kept to a minimum. I have requested my Department's inspectorate to monitor the deployment of staff and class sizes, and where necessary, to discuss with school authorities the basis on which school policy decisions in this regard have been made, and to report to my Department, where appropriate.

The enrolment of the school referred to by the Deputy on 30 September 2003 was 159 pupils, which warrants a principal plus five mainstream posts for the 2004-05 school year. On the basis of projected enrolments, a developing school post was approved provisionally in July 2004. However, the required enrolment figure at 30 September 2004 was not achieved and accordingly sanction for the post was withdrawn.

To ensure openness in the teacher allocation system at primary level, an independent appeals board is now in place to decide on any appeals on mainstream staffing. The staffing of this school for the 2004-05 school year was considered by the appeals board on 21 October 2004. The board, having considered the appeal with regard to the criteria outlined in Department circular 19/02, was satisfied that a departure from the staffing schedule was not warranted in this case. The board of management of the school was notified of the decision of the appeals board on 21 October 2004. I am sure the Deputy will appreciate that it would not be appropriate for me to intervene in the operation of the independent appeals board.

Decentralisation Programme.

Paul McGrath

Ceist:

298 Mr. P. McGrath asked the Minister for Education and Science if, in the context of the proposed transfer of her Department headquarters to Mullingar under the decentralisation proposals, she will publish the report which was due to be available from March 2004 indicating the way in which property being acquired at regional level is matched as closely as possible, both in time and in cost terms, by disposal of property held in the Dublin region, whether held on lease or otherwise (details supplied); and if she will report progress on the way in which this relates to the existing Department headquarters at Marlborough Street. [32100/04]

Minister for Education and Science (Ms Hanafin)

The Office of Public Works is dealing with all matters relating to the acquisition and disposal of property for the decentralisation programme. However, I will arrange to forward for the information of the Deputy a copy of the decentralisation implementation group report on decentralised office accommodation procurement which was published on 19 November 2004.

Schools Building Projects.

Joan Burton

Ceist:

299 Ms Burton asked the Minister for Education and Science the location of the site with respect to the new post-primary school announced for Dublin 15; if the purchase price of the site is agreed; if a board of management is in place; if it is to be run under the City of Dublin VEC; when construction is scheduled to commence; when classrooms will be available for first enrolment; and the catchment areas and enrolment criterion that will be for the new school. [32101/04]

Minister for Education and Science (Ms Hanafin)

The task force on autism put forward a range of important recommendations, to which the Deputy refers, in the area of continuing professional development. My Department continues to addresses these recommendations, on a phased basis, through existing supports, through newly established structures and through specific interventions.

Provision for children of pre-school age with autistic spectrum disorders is generally made available through the relevant health authority. My Department's involvement in provision for such children is confined to a few special pre-school class units attached to primary schools. The existing pre-service teacher training courses contain appropriate elements to assist teachers in dealing with the full range of pupils, including those with special educational needs. Discussions with the various colleges of education and universities are ongoing in order to ensure that appropriate responses are made to the continuing needs for all trainee teachers to acquire knowledge of, and familiarity with, the needs of children with special educational needs, including children with autism.

My Department has developed a strategy designed to meet the continuing professional development needs of all school personnel working with children with special educational needs, including children with autistic spectrum disorder. Specifically, the strategy has produced a major expansion of the range of postgraduate professional training programmes; the introduction of a range of new training programmes to provide a mix of intensive induction training and more advanced training in specific areas; and the establishment of the new special education support service, established in September 2003. The increased training provision is specifically designed to address the complex range and variety of training needs in the special education needs area, including autism.

For teachers involved in teaching children with special educational needs, my Department provides annual support for 140 places on a postgraduate diploma programme in special educational needs; 20 places on a postgraduate programme in autism; 16 places on a further education — masters programme in special educational needs; and 160 on the postgraduate programme in learning support. This major increase in postgraduate training places will further increase the number of teachers who have developed their skills in previous years. The new diploma programmes also aim not only to provide development and support at individual teacher level, but also at whole school-staff level.

My Department also funded the development of an applied behaviour analysis training programme in Trinity College Dublin and funded the participation of 12 teachers on the course in 2003-04. The successful participants are now available to the Department, as classroom teachers and as a further training resource. Short-term induction programmes in special educational needs are provided annually by several teacher training colleges — usually two or three courses per college, catering for up to 120 teachers.

My Department put in place, in September 2003, the special education support service to manage, co-ordinate and develop a range of supports in response to identified training needs. This is hosted in Laois Education Centre and is funded by my Department. As part of its response to the growing demand from teachers for support and training, also reflected in the findings of the task force report, the special education support service is developing teams of trainers to deliver training in four specific areas: autism, challenging behaviour, dyslexia and inclusion at post-primary level. This training will be delivered locally across the State through the education centre network.

In addition, the service provides immediate responses to requests from schools for support in a variety of autism-related areas. The service also funds the provision of on-line training courses, including a course on autism, during July and August and during the autumn and spring terms. The service funds approved approaches to the teaching of children with autism such as picture exchange communication system and treatment and education of autistic and related communication handicapped children and the Hanen approach. All courses on autism deal with the application, in an eclectic and child-centred manner, of the range of approved approaches to the teaching of children with autism. One of the conditions of the provision of funding for all courses is that they are evaluated.

Questions Nos. 310 to 315, inclusive, answered with Question No. 304.

Olwyn Enright

Ceist:

316 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendation in the report of the task force on autism of October 2001, that she urgently review the practice of attaching explanatory notes regarding special arrangements in examinations to a candidate’s certificate results; if such a recommendation has been carried out; if so, the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [32153/04]

Minister for Education and Science (Ms Hanafin)

On foot of a Government decision, the State Examinations Commission was established on 6 March 2003 to have statutory responsibility for the operation of the State certificate examinations.

The commission operates a scheme of reasonable accommodations for candidates with special needs in the certificate examinations. The range of accommodations available to candidates includes the use of readers, scribes, tape-recorders and the use of computer technology in certain cases, in addition to decisions at school level regarding rest periods, and use of low vision aids. It is also open to special needs students to apply to have a part of an examination waived and to be marked out of 100% on the balance. Where a student is granted exemption from a particular aspect of assessment, it is the practice to include a reference on the certificate to this effect, for example, "All elements of the examinations were assessed except" the element in question. This only applies where a candidate has been exempted from an element of the examination which is a core assessment element of the specific subject. For example, while issues of spelling and grammar would not be taken account of in subjects such as history or geography, they would form a core element of a language subject, and a certificate would be annotated where a candidate in a language subject was exempt from assessment in spelling. This is in keeping with examination practice in other jurisdictions.

The position was re-examined by my Department in 2002 following the publication of the 2001 report of the task force, but it was considered that the present system maintains an appropriate balance between maintaining a flexible response to the assessment needs of students and the integrity of the certification process for end users of the system. However, my Department will keep the matter under review in consultation with the State Examinations Commission in the light of emerging examinations and equality policies and international trends.

Psychological Service.

Olwyn Enright

Ceist:

317 Ms Enright asked the Minister for Education and Science the progress that has been made on the recommendation in the report of the task force on autism of October 2001, that there be a significant increase in projected NEPS staffing levels to enable the educational psychologists to have a meaningful role in working with pupils with ASDs; if such a recommendation has been carried out; if so, the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [32154/04]

Minister for Education and Science (Ms Hanafin)

In October 2001, there were 84 educational psychologists serving with the national educational psychological service, NEPS. At present, there are 130 psychologists in NEPS. Psychological services to children with ASDs should, of course, be provided by both clinical and educational psychological services. Recruitment of permanent staff to the Department, including educational psychologists, has, to date, been undertaken by the Office of the Civil Service and Local Appointments Commissioners. The last panel of 69 educational psychologists has recently been exhausted, and my Department has initiated the process to run a new recruitment competition.

Pending the expansion of NEPS to cover all schools, those that are not yet served may avail of the scheme for commissioning psychological assessments, or SCPA. The SCPA is an interim measure and was specifically introduced to minimise delays for those children who need to be assessed. Under the scheme, individual psychological assessments may only be administered by psychologists whose names appear on a panel compiled by NEPS.

Questions Nos. 318 and 319 answered with Question No. 309.

Question No. 320 answered with QuestionNo. 304.

Question No. 321 answered with QuestionNo. 309.

Question No. 322 answered with QuestionNo. 304.

I propose to take Questions Nos. 324 to 326, inclusive, 347, 365, 366, 368, 370, 372 to 374, inclusive, 378, 379, 382, 383, 385, 386, 388, 389 and 396 together.

The Deputy has tabled a number of questions on individual recommendations in the report of the task force on autism. These recommendations provide an invaluable basis for the development of educational services and supports for persons with autism. However, in responding to the recommendations, my Department has had to give priority to a number of key areas before detailed individual recommendations can be addressed. These key areas involve the implementation of the core legislative and structural measures required to underpin service development and delivery. This approach is critical to the implementation of many of the individual recommendations of the task force including those relating to assessment, parental involvement, service delivery, information dissemination, promotion of inclusion and co-ordination between health and education authorities.

With regard to legislation, the Education for Persons with Special Educational Needs Act 2004 has now been enacted while, on the structural front, the National Council for Special Education, NCSE, has been established on a statutory basis. While these developments represent significant progress, a considerable amount of additional input is required before these measures can begin to have a positive impact on services for children with special educational needs, including those with autism.

Over the course of the coming months, I expect that significant progress will be made in this regard. Specifically, consideration will be given to the detailed measures required to enable the Act to be commenced. In addition, it is intended that the NCSE will assume operational status in the new year and a range of measures are in hand to ensure that this objective is realised. These measures include comprehensive supported training for the council's special educational needs organisers and the drawing up of detailed work protocols in relation to the various areas of work for which the council will assume responsibility.

This work will be carefully planned and executed over the coming months. It will address many of the recommendations of the task force. Other recommendations will be addressed over time in consultation with the council and other interested parties.

Question No. 327 answered with QuestionNo. 304.

Question No. 328 answered with QuestionNo. 305.

Schools Refurbishment.

Emmet Stagg

Ceist:

329 Mr. Stagg asked the Minister for Education and Science when she received an application for the reroofing of a school (details supplied) in County Mayo; when a decision will be made to provide the funding for the necessary works; and if she will make a statement on the matter. [32176/04]

Minister for Education and Science (Ms Hanafin)

The management authority of the school to which the Deputy refers submitted an application on 3 November 2004 for replacement roof under the summer works scheme 2005. All applications for the 2005 scheme are being considered in school planning section of my Department and it is planned to publish the list of successful applicants early in the new year.

Education Welfare Service.

Emmet Stagg

Ceist:

330 Mr. Stagg asked the Minister for Education and Science if the appointment of two educational welfare officers will be sanctioned for Kildare; and if she will make a statement on the matter. [32177/04]

Minister for Education and Science (Ms Hanafin)

The Education (Welfare) Act 2000 established the National Educational Welfare Board as the single national body with responsibility for school attendance. The Act provides a comprehensive framework promoting regular school attendance and tackling the problems of absenteeism and early school leaving. The general functions of the board are to ensure that each child attends a recognised school or otherwise receives a certain minimum education.

To discharge its responsibilities, the board is developing a nationwide service that is accessible to schools, parents-guardians and others concerned with the welfare of young people. For this purpose, educational welfare officers, EWOs, are being appointed and deployed throughout the country to provide a welfare-focused service to support regular school attendance and discharge the board's functions locally.

The budget which has been allocated to the National Educational Welfare Board or 2005 is €7.8 million, an increase of €1.3 million or 20% on the 2004 allocation.

My Department recently conveyed approval to the NEWB for the filling of a further ten educational welfare officer posts, bringing the authorised staffing from 84 to 94. These additional posts will enable the board to further rollout its services at local level around the country.

Decisions relating to the assignment of the additional staff to specific areas are a matter for the board which is an independent statutory agency. However, the board has recently indicated that Kildare is one of the areas to which it will now appoint an educational welfare officer.

I will keep the issue of the NEWB's staffing under review in light of the roll-out of services and further proposals that the board may put to me on clearly identified priority needs.

Question No. 331 answered with QuestionNo. 309.

Question No. 332 answered with QuestionNo. 305.

Questions Nos. 333 to 335, inclusive, answered with Question No. 304.

Question No. 336 answered with QuestionNo. 306.

Question No. 337 answered with QuestionNo. 304.

Special Educational Needs.

Olwyn Enright

Ceist:

338 Ms Enright asked the Minister for Education and Science the progress that has been made on a recommendation in the report of the task force on autism of October 2001 (details supplied); if such a recommendation has been carried out; the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [32188/04]

Minister for Education and Science (Ms Hanafin)

Under the terms of the Education Act 1998, the National Council for Curriculum and Assessment has been established as a statutory body to advise the Minister for Education and Science regarding the curriculum and syllabuses for students with a disability or other special educational needs.

Following the launch of the report on the autism the NCCA commenced work on curriculum and assessment guidelines for special educational needs by focusing on those with general learning disabilities. Draft guidelines for teachers were issued to all primary and post-primary teachers in 2002. Following a process of consultation, work is being finalised on guidelines for teachers of students with severe and profound, moderate and mild general learning disabilities. The guidelines cover the full range of education settings for children and young people. When this work is complete, the NCCA will commence work on addressing the needs of students with specific learning disabilities.

Olwyn Enright

Ceist:

339 Ms Enright asked the Minister for Education and Science the progress that has been made on a recommendation in the report of the task force on autism of October 2001 (details supplied); if such a recommendation has been carried out; the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [32189/04]

Minister for Education and Science (Ms Hanafin)

The system of inspection that is being used in mainstream and special schools, whole school evaluation, is also being applied to evaluate ASD provision. As is the case with other special education provision, the WSE system has been found to be sufficiently flexible to be adapted for use in evaluating ASD provision. Evaluations have already been carried out on a number of settings where there is ASD provision, and individual reports have been furnished to the school authorities concerned. The inspectors who conducted the evaluations had completed courses in special education and in ASDs.

Regarding the recommendations at paragraph 15.2.6, the measures included in the legislation are specifically designed to give effect to the right to the provision of a free primary education appropriate to the needs of all children with special educational needs, including those with autistic spectrum disorders. The guarantees of assessment, planning, service provision and annual review and evaluation contained in sections 3 to 11 of the Act in conjunction with the complete commencement of the Education Act 1998 will meet many of the requirements of paragraph 15.2.6. Section 2 of the Act requires that as far as is practicable the education of children with special educational needs will take place in an inclusive environment alongside children who do not have such needs. Crucially, the Act gives the power to the National Council for Special Education to designate particular schools for children and the schools are obliged to enrol those students, thereby ensuring reasonably proximate and appropriate services for the child. The Act delivers on most of the recommendations in the report, in that it provides for a set of enforceable rights based on the right of equal access to education for all children. The Act does not, nor should it, specify all the matters detailed in the report of the task force. Some of these should be addressed in the implementation.

It must be stressed that the Act requires that both I and the Minister for Finance must have due regard to the imperative that every child has equality of access to an education appropriate to their needs, as set out in section 13 of the Act. I believe section 13, the practical arrangement provided for throughout the Act and the arrangements, including those at section 16, which require health boards to implement policies on special education determined by the Minister for Education and Science, meets the needs of points (h) and (i). However, I do not believe it is necessary to specify the matters to be covered by those provisions in primary legislation, rather those matters will be clarified in the implementation phase.

The Act does not make specific reference to the need for additional development opportunities for professional staff working with children with special educational needs, however the Act and the constitution clearly require the State to ensure that adequate resources are in place to provide an appropriate form of education for all the children in the State. It is a matter for the National Council for Special Education to advise me in the context of the implementation report to be prepared in accordance with section 23 and it would be inappropriate for me to comment further until I have received that report and had an opportunity to consider its contents. That report must be delivered to me within one year of the establishment day of the council, which must occur within one year of the enactment, and will recommend a schedule for full implementation within a period of five years.

While the Act does not specifically refer to the linguistic needs of Irish speaking children with special educational needs, the effect of the Official Languages Act and the pre-existing rights of the child including the constitutional right under Article 42 to an education appropriate to the needs of the child guarantee that whatever educational services are needed by a child must be available in Irish if that is deemed to be what is best for the child by his or her parents and the assessment team.

The title of the Act is similar in form to that suggested in the report of the task force. By shifting the focus away from "disability" to "special educational needs", the title and scope is more inclusive than the original proposal as it is designed to encompass conditions which are not necessarily comprehended by the term "disability" as commonly construed, such as dyslexia, dyspraxia, ADD and ADHD. I do not propose to establish a specific section or unit within my Department to focus on policy formulation around disability issues since the establishment of the National Council for Special Education will have a great many complementary functions. The council will enable the special education section of the Department of Education and Science to focus on the policy proposals coming from the council by relieving it of much of its day to day work in ensuring that provision is available for individual children with special educational needs rather than dealing with the generality of provision.

At a national level parents will be assisted in availing of the rights under the Act by the network of advocates which will be available to them through the Comhairle (Amendment) Bill 2004 which will provide for a right of representation to every person with a disability or their parents in securing access to services. This, combined with the expertise which will be provided by the special educational needs organiser will ensure the type of support for parents and children envisaged in the report.

Any proposals on constitutional reform are a matter for the All-Party Oireachtas Committee on the Constitution and I should not make any comments which might interfere with the process of the review of Article 42 in which it is engaged.

Question No. 347 answered with QuestionNo. 324.

Question No. 348 answered with QuestionNo. 343.

Olwyn Enright

Ceist:

349 Ms Enright asked the Minister for Education and Science the progress that has been made on a recommendation in the report of the task force on autism of October 2001 (details supplied); if such a recommendation has been carried out; the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [32199/04]

Minister for Education and Science (Ms Hanafin)

I refer to my reply to Question No. 537 of 17 November 2004 in which I indicated that my Department is at present developing, in consultation with the Irish Autism Alliance, a set of detailed responses to frequently asked questions about educational provision and supports for children with autism. These responses will focus on such matters as school placement options, educational assessments, in-service training, health-related support services and school transport.

It is intended that development of this resource will be completed shortly and that it will be available in both electronic and printed format. Ultimately, it is expected that the material in this brochure will form the basis for the issue of information on provision for children with special educational needs generally.

Children with more severe disabilities are catered for in special schools which are dedicated to particular disability groups. There are 107 special schools in the country at present. These schools cater for children from four to 18 years of age and each school enjoys a significantly reduced pupil teacher ratio and other staffing supports. For example, each class catering for a maximum of six pupils with autism will have a staffing of at least one teacher and two special needs assistants. Additional special needs assistant support is provided if deemed necessary. Special schools also receive increased rates of capitation funding.

Where placement in a special school is not considered necessary, children with special educational needs, including those with autism, can attend special classes attached to ordinary mainstream schools. All special autism classes enjoy the same increased levels of staffing and funding as are made available to the special schools. Children with autism attending special classes attached to ordinary schools may, where appropriate, be integrated into ordinary classes for periods of the school day and, in that way, benefit from being able to socialise with their non-disabled peers. A total of 139 special classes for autism are in place in the primary system at present. Further special classes for autism may be established nationwide, as appropriate. While children are awaiting a suitable educational placement, my Department may sanction home tuition as an interim measure, if appropriate.

The following dedicated resources are now deployed to support children with special educational needs, including those with autism, in the primary system: more than 2,600 resource teachers — up from 104 in 1998; more than 1,500 learning support teachers — up from 1,302 in 1998; more than 1,000 teachers in special schools; more than 600 teachers in special classes; more than 5,000 special needs assistants — up from 300 in 1998; more than €30 million on school transport for special needs pupils; and more than €3 million towards specialised equipment and materials — up from €800,000 in 1998. To appreciate the scale of improvement in the provision of resources to primary schools for special needs, it is worth reflecting on the fact that, at approximately 10,700, the number of adults providing services to children with special educational needs in primary schools today equates to more than half of the 21,100 primary teaching force in 1998.

My Department is continuing to develop the network of special educational provision for children with autism. The extent of progress can be measured from the fact that, since 1998, when autism was first recognised as a distinct special educational need, the number of dedicated facilities that have been developed is as follows: eight pre-school classes for children with autism; 134 special classes for children with autism attached to special schools and mainstream schools; five special classes for children with Asperger's syndrome; and eight autism facilities, some of which are providing an applied behavioural analysis model, ABA, of response to children with autism.

Another major landmark in the development of autism specific services was the joint launch last month by my predecessor and the Minister with responsibility for Education in Northern Ireland of the Middletown centre for autism. This marked the successful completion of the purchase of the former St. Joseph's adolescent centre, Middletown, on behalf of the Department of Education in the North and the Department of Education and Science in the South. Both Departments plan to refurbish the property to meet the needs of a centre of excellence for children and young people with autism throughout the island of Ireland. The centre will be dedicated to improving and enriching the educational opportunities of children and young people with autistic spectrum disorders.

Four key services will be provided by the centre: a learning support service, on a residential basis, an educational assessment service, a training and advisory service, and an autism research and information service. I believe that the steps taken in recent years and those in hand represent significant progress in the development of services for children with autism. However, I fully recognise that further progress is required and my Department in consultation with parents and existing service providers will seek to ensure that the recent rate of development is maintained.

Question No. 355 answered with QuestionNo. 306.

Question No. 356 answered with QuestionNo. 304.

Question No. 357 answered with QuestionNo. 354.

Question No. 358 answered with QuestionNo. 304.

Question No. 359 answered with QuestionNo. 354.

Questions Nos. 360 and 361 answered with Question No. 304.

Questions Nos. 362 and 363 answered with Question No. 309.

Question No. 364 answered with QuestionNo. 304.

Questions Nos. 365 and 366 answered with Question No. 324.

Question No. 367 answered with QuestionNo. 309.

Question No. 368 answered with QuestionNo. 324.

Question No. 369 answered with QuestionNo. 309.

Question No. 370 answered with QuestionNo. 324.

Question No. 371 answered with QuestionNo. 309.

Questions Nos. 372 to 374, inclusive, answered with Question No. 324.

Autism Services.

Olwyn Enright

Ceist:

375 Ms Enright asked the Minister for Education and Science the progress that has been made on a recommendation in the report of the task force on autism of October 2001 (details supplied); if such a recommendation has been carried out; the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [32238/04]

Olwyn Enright

Ceist:

376 Ms Enright asked the Minister for Education and Science the progress that has been made on a recommendation in the report of the task force on autism of October 2001 (details supplied); if such a recommendation has been carried out; the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [32239/04]

Minister for Education and Science (Ms Hanafin)

I propose to take Questions Nos. 375 and 376 together.

It is the policy of the Department of Education and Science to ensure that available educational resources are targeted at the most disadvantaged people across all levels of the system. One of the key objectives is to ensure that all young people complete first and second level with relevant qualifications to support their full participation in a cohesive and competitive society. Further and adult education plays a central role in promoting people's life chances.

In Further Education, FE, the principal objectives of the measures and programmes funded by the Department are to meet the needs of young early school-leavers, to provide second chance education for adults and to provide vocational education and training opportunities for labour market entrants and re-entrants. It is the Department's policy to seek to encourage and facilitate the participation of people with disabilities on programmes offered in sector. Generally, issues of access for individuals to FE programmes are addressed at local level with assistance from the adult education guidance service.

The programmes funded in the further and adult education area are as follows: vocational training opportunities scheme, VTOS, providing second chance education and training for unemployed adults in receipt of social welfare payments in one and two-year programmes; post leaving certificate courses, PLC, offering full-time one and two-year programmes of integrated education, training and work experience provided in schools and colleges outside the third level sector; and Youthreach, an interdepartmental initiative between the Department of Education and Science and the Department of Enterprise, Trade and Employment, for unemployed young people who left school early without qualifications or with poor qualifications.

Senior Traveller training centres offer a two-year Youthreach type programme to Travellers with special consideration of their cultural needs. In both these programmes a range of subject modules, both vocational and academic, at different levels are provided. These are accredited by FETAC or under the junior certificate and leaving certificate applied programmes. The flexibility of the Youthreach programme allows students at different functioning levels to be accommodated.

With effect from 2005 a new provision is being made for trainees with special educational needs, including autism, in Youthreach and senior Traveller training centres. The new provision will enhance the existing guidance and counselling service which has operated since 1998 and will provide for extra tutor resources, educational assessments and education plans and adaptive technology, depending on the needs of the young people involved.

In the area of adult literacy-community education, funding is allocated to VECs for such services. Additional funds provided in recent years are used to expand the scale and scope of provision, improve outreach and referral links and promote flexibility and quality. In addition to expanding the general adult literacy services, specially-targeted programmes have been introduced for people with special literacy requirements, in such areas as family learning, workplace learning, provision for special needs, and catering for those for whom English is not the mother tongue.

In 2002, the back to education initiative, BTEI, offering 6,000 flexible part-time further education places so that people can combine their learning with family, work and other responsibilities, was introduced. The initiative is aimed at providing flexible learning opportunities for those in employment, unemployed or not in the labour market.

A number of education equality initiatives to address gaps in provision of learning and training for educationally disadvantaged people have been established. Eighteen projects nationwide were funded under phase I, 2000-03. Phase II of the EEI commenced January 2004 and will run until December 2006. Other supports designed to assist students in selected further education programmes include adult guidance, counselling and childcare grants. Since 1999, 24 pilot adult guidance projects have been established throughout the country to provide guidance and information to learners in VTOS, literacy schemes and adult and community education. In 2005 additional funding will be allocated for the roll-out of phase IV of the adult education guidance initiative. This extra provision will allow the adult guidance service to be extended into approximately ten areas currently without a service. More projects will be established as resources permit with a view to having a nationwide service.

Since 1998, funding in the form of grants has been made available to vocational education committees, VECs, towards the cost of childcare support for participants in the vocational training opportunities scheme, VTOS, Youthreach and senior Traveller training centre programmes. In the VEC Youthreach and Traveller programmes, an annual budget is provided for guidance, counselling and psychological services. Centres use this budget to prioritise from a spectrum of needs ranging from initial orientation and guidance and vocational information to psychological services. The vast majority of centres prioritise counselling and psychological services as the key gaps in their areas, with the other aspects of the service being delivered by staff within the centre, by mentors in the Youth service or by the FÁS advocate service.

Question No. 377 answered with QuestionNo. 309.

Questions Nos. 378 and 379 answered with Question No. 324.

Olwyn Enright

Ceist:

380 Ms Enright asked the Minister for Education and Science the progress that has been made on a recommendation in the report of the task force on autism of October 2001 (details supplied); if such a recommendation has been carried out; the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [32244/04]

Minister for Education and Science (Ms Hanafin)

My Department provides funding to schools for the purchase of specialised equipment such as computers to assist children with special educational needs, including children with autism, with their education where such equipment is recommended by relevant professionals. Heretofore, schools could apply to the special education section of my Department for this support, providing supporting documentation, such as reports of psychological and other relevant professional assessments, as appropriate.

Revised arrangements are being introduced in the context of the assumption of operational status by the national council for special education and schools will be notified of these arrangements in the near future.

Question No. 381 answered with QuestionNo. 306.

Questions Nos. 382 and 383 answered with Question No. 324.

Special Educational Needs.

Olwyn Enright

Ceist:

384 Ms Enright asked the Minister for Education and Science the progress that has been made on a recommendation in the report of the task force on autism of October 2001 (details supplied); if such a recommendation has been carried out; the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [32251/04]

Minister for Education and Science (Ms Hanafin)

Equality and accessibility are core principles underpinning the development of the new national qualifications framework which was launched in October 2003 and is being implemented on a phased basis over the period to 2006. The new framework values all learning, whether for personal, civic, social or vocational reasons, and covers all awards in the State across the education and training sectors.

The framework provides for ten levels, ranging from basic education and literacy to doctorate levels. Levels one and two are new levels in the framework, designed to provide for the recognition of basic achievement in the sphere of literacy and numeracy, and the ability to learn information and basic repetitive skills, and carry out routine work under direction in a controlled environment.

Awards will be made at each level in the framework based on the achievement of learning outcomes. These are levels of knowledge, skills and competences which comply with the generic level indicators that have been published for each level of the framework by the National Qualifications Authority of Ireland. The framework therefore provides for recognition of an appropriate mix of academic and vocational skills commensurate with each level of the framework. Awards at levels one to six, inclusive, may be made by the Further Education and Training Awards Council. Awards at levels six to ten, inclusive, may be made by the Higher Education and Training Awards Council, the universities, the Dublin Institute of Technology and colleges with delegated authority to make awards.

The framework is designed to provide for flexibility in terms of using a variety of modes of assessment to demonstrate the achievement of the required learning outcomes. This enables providers to adapt their assessment approaches appropriately to cater for the needs of learners with disabilities. However, each award is made only on the basis of the learner achieving the required learning outcomes appropriate to that level in the framework.

I am satisfied the new system will provide for the recognition of achievement at a range of levels to meet the diverse needs of groups. With regard to HETAC, the new arrangements for quality assurance and validation of programmes are "live" and awards under the new framework will be made with effect from 2005. For FETAC, the new quality assurance arrangements for providers will begin in early 2005 and the programme validation arrangements will begin in late 2005.

National programmes exist which offer awards commensurate with levels three to ten of the framework and it is expected that levels one and two will be introduced by the end of 2005.

Questions Nos. 385 and 386 answered with Question No. 324.

Autism Services.

Olwyn Enright

Ceist:

387 Ms Enright asked the Minister for Education and Science the progress that has been made on a recommendation in the report of the task force on autism of October 2001 (details supplied); if such a recommendation has been carried out; the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [32254/04]

Minister for Education and Science (Ms Hanafin)

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

Questions Nos. 388 and 389 answered with Question No. 324.

Questions Nos. 390 and 391 answered with Question No. 305.

Question No. 392 answered with QuestionNo. 354.

Question No. 393 answered with QuestionNo. 305.

Olwyn Enright

Ceist:

394 Ms Enright asked the Minister for Education and Science the progress that has been made on a recommendation in the report of the task force on autism of October 2001 (details supplied); if such a recommendation has been carried out; the extent to which; if not completed, when it will be completed; and if she will make a statement on the matter. [32268/04]

Minister for Education and Science (Ms Hanafin)

My Department established the special education support service, SESS, to support schools and teachers working in the area of special education. The management of challenging behaviour is one of four areas prioritised for immediate attention by this service. During the past year the SESS has been planning interventions in conjunction with the National Educational Psychological Service, NEPS, and other relevant experts in this area. A consultative conference involving the principals of special schools was convened in November 2004 with a view to identifying supports that needed to be put in place in schools in regard to the management of challenging behaviour.

Follow-up actions involving NEPS and other relevant agencies are currently being progressed to meet both the immediate and longer term needs that were identified at this meeting.

Question No. 395 answered with QuestionNo. 305.

Question No. 396 answered with QuestionNo. 324.

Questions Nos. 397 to 401, inclusive, answered with Question No. 305.

Schools Refurbishment.

Richard Bruton

Ceist:

402 Mr. R. Bruton asked the Minister for Education and Science the moneys or grants made available to local school managements in respect of providing funds to upgrade older toilets in national schools in view of the age of some schools; if she has satisfied herself with the general condition in view of the understandable concentration on health and hygiene in the school system; and if she will make a statement on the matter. [32313/04]

Minister for Education and Science (Ms Hanafin)

The information sought by the Deputy is not readily available in the format requested. If the Deputy has a query about any specific school, I will provide the information for him.

There are a number of schemes funded by my Department from which the upgrading of toilet facilities can be addressed. Under the grant scheme for minor works to national school properties which came into operation in January 1997, all national schools are given an annual allocation of €3,809 plus €12.70 per pupil which can be used entirely at the discretion of school management to address basic health and safety issues relating to the school infrastructure including the upgrading of toilet facilities. In addition my Department introduced a new initiative called the summer works scheme, SWS, in 2004, which provides capital grants for small-scale improvement works, including the upgrading of toilet facilities at both primary and post-primary schools. Where the scope of the works required is too extensive to be carried out under SWS it is open to schools to make application for inclusion in the school building programme.

Between 1998 and 2004, almost €2 billion will have been invested in primary and post-primary educational infrastructure. At primary level this has delivered 84 new school buildings, over 350 large-scale refurbishments or extensions projects, which included the upgrading of toilet facilities, over 6,000 smaller-scale projects and thousands of other small-scale works under the annual minor works grant. At post-primary, this has delivered 46 new school buildings, over 160 large-scale refurbishments or extensions and over 850 smaller-scale projects.

In accordance with the Safety, Health and Welfare at Work Act 1989, it is the responsibility of school management authorities to have a safety statement in place in their schools. Schools are obliged to identify possible hazards, assess the risks to health and safety and put appropriate safeguards in place. Individual school authorities are responsible, in the first instance, for ensuring the safety and welfare of children and others in their care.

Pupil-Teacher Ratio.

Breeda Moynihan-Cronin

Ceist:

403 Ms B. Moynihan-Cronin asked the Minister for Education and Science, further to Question No. 452 of 17 November 2004, if she will provide the number of schools which are involved in each category. [32314/04]

Minister for Education and Science (Ms Hanafin)

The information requested by the Deputy is set out in the following table.

Number of National Schools in County Kerry by Class Size (2003/2004 school-year).
Class Size	Number of schools	Number of classes
9 or less	5	7
10-19	88	145
20-24	95	173
25-29	79	195
30-34	39	84
35-39	5
40 and over	0	0

Special Educational Needs.

Michael Noonan

Ceist:

404 Mr. Noonan asked the Minister for Education and Science if she has received further evidence in support of an application for resource teaching for a person (details supplied) in County Limerick; if she will review the application based on this evidence; and if she will make a statement on the matter. [32315/04]

Minister for Education and Science (Ms Hanafin)

I can confirm that my Department has received additional information in support of an application for resource teaching hours for the pupil in question. The application will be considered and a decision will be conveyed to the school at the earliest possible date.

Physical Education Facilities.

Jimmy Deenihan

Ceist:

405 Mr. Deenihan asked the Minister for Education and Science the plans for the international year of sport and physical education in 2005; and if she will make a statement on the matter. [32359/04]

Minister for Education and Science (Ms Hanafin)

Physical education and sport, although closely linked, are not synonymous. Sport begins in play and develops through games, competition and challenges. The focus in the physical education curriculum is on the child's holistic development, stressing personal and social development, physical growth and motor development. Goal-setting, within the curriculum, focuses on individual improvement and not on winning or being the best.

Competition in sport is not incompatible with the holistic development of the child, if the opportunities presented are such that the child is progressing towards the achievement of his or her potential. It is Government policy to encourage and promote sport for all in schools. The policy of my Department is to facilitate this by means of a broad and balanced physical education curriculum for schools at primary and post-primary levels.

The primary school curriculum was revised in 1999. Physical education was included in this process of revision and forms part of the prescribed curriculum for primary schools. At primary level, the curriculum in physical education encompasses elements of sport in the games strand of the curriculum. Sport is therefore presented and promoted as part of the prescribed physical education curriculum for primary schools. In addition to implementing the prescribed curriculum, many schools avail of the services of coaching personnel offered to schools by sporting organisations such as Cumann Lúthchleas Gael, the Football Association of Ireland and the Irish Rugby Football Union. Schools are also encouraged to devote one day every year to "Sport for All" where the entire day is given over to sporting activities that emphasise participation rather than winning or losing.

In addition to the formal curriculum, many schools provide further opportunities in extra-curricular programmes for sport, including organising and preparing inter-school competitions. Teachers and parents make an extremely valuable contribution to children's social and physical development through their contribution of time and expertise to these extra-curricular sporting activities.

Schools at second level should offer a physical education programme based on an approved syllabus with teaching hours registered on the school timetable. The phasing in of a revised syllabus at junior cycle level for physical education — non-examination — commenced in September 2003. The revised junior cycle physical education syllabus, with its practical focus, provides young people with an opportunity to explore a range of intelligences and represents a balance in what has long been acknowledged as an academically dominated curriculum.

As sports are an integral part of physical education they are dealt with comprehensively in these syllabuses. In implementing these programmes, students will participate in a wide range of sports and in so doing will gain an understanding of, and develop technical skill in, these sports. The majority of schools have strong extra-curricular programmes for sport. The skills, understandings and attitudes developed within the formal programmes in physical education provide a foundation for these sports and include the development of positive attitudes regarding health and fitness.

School Staffing.

Michael Ring

Ceist:

406 Mr. Ring asked the Minister for Education and Science her views on whether it is fair that a person (details supplied) in County Mayo who did voluntary substitution and supervision from September 2001 to March 2002 has not received any monetary reward; if the stumbling block to issuing a payment is that moneys for that payment have already been issued and exhausted; and if a payment for hours worked for unpaid supervision and substitution will be included in the part-time teacher allocation or separate fund. [32423/04]

Minister for Education and Science (Ms Hanafin)

The supervision and substitution scheme for second level schools commenced in the 2002-03 school year. Under the terms of the agreed scheme teachers paid incremental salary can opt to undertake supervision and substitution duties and receive remuneration for a defined number of hours in each school year. As part of the agreement on the scheme, a once-off payment was made to incremental teachers paid on the Department payroll for the 2001-02 school year. Whole-time teachers were paid €1,270, and job-sharing and eligible part-time teachers were paid on a pro rata basis. The agreement with the teacher unions did not allow for any payment for supervision duties to be made in respect of the 2001-02 school year to part-time teachers who were not paid on the Department payroll. Accordingly, a payment for supervision duties for the 2001-02 school year cannot be made to the person referred to by the Deputy.

Teachers’ Remuneration.

Michael Ring

Ceist:

407 Mr. Ring asked the Minister for Education and Science the monetary remuneration that is the backpay entitlement for a person (details supplied) in County Mayo under the new Act, for teaching 22 hours a week from January 2002 to approximately 15 May 2002; the increment entitlement that will ensue; the entitlements of this person, under this agreement or other, for teaching in a resource capacity without allowances and left on point one of the scale for the entire year; and if she will make a statement on the matter. [32424/04]

Minister for Education and Science (Ms Hanafin)

The Protection of Employees (Part-Time Work) Act came into operation on 20 December 2001 and provides that a qualified part-time employee has a pro rata entitlement to the conditions of employment of a qualified full-time employee.

The position regarding special needs teachers is as outlined in replies to Question No. 531 of 19 October and Question No. 245 of 16 November. In accordance with the agreement with the teachers' unions, post-primary teachers who do not hold a specialist postgraduate qualification in the area of special needs may, with effect from 1 September 2003, be appointed to special needs teaching posts and paid salary at the qualified rate, that is the appropriate point on the incremental salary scale with degree and higher diploma in education allowances payable.

The salary of the person referred to by the Deputy was reviewed in line with this agreement. Teaching service prior to 1 September 2003 is not covered by this agreement.

Disadvantaged Status.

Finian McGrath

Ceist:

408 Mr. F. McGrath asked the Minister for Education and Science her proposals and plans to assist the 30% of pupils in disadvantaged schools with serious literacy difficulties; and if she will make a statement on the matter. [32428/04]

Minister for Education and Science (Ms Hanafin)

The latest partnership agreement, Sustaining Progress, contains a special initiative in chapter 2.8 entitled: Tackling Educational Disadvantage — Literacy, Numeracy and Early School Leavers. This special initiative recognises the importance of literacy and numeracy skills as prerequisites for learning, and for social well-being and economic participation. As part of the initiative, the Government is committed to paying critical attention to literacy and numeracy both in school and for adults of all ages.

My Department has taken a range of measures to prevent and ameliorate literacy difficulties at primary and second level. Learning support teaching is provided in all primary schools by more than 1,500 teachers who give intensive support to children with literacy difficulties. At second-level, more than 530 learning support teachers are employed. In addition, the junior certificate school programme literacy strategy promotes a whole-school approach to literacy development at junior cycle in second-level.

Continuing assistance is being given to disadvantaged primary schools in implementing my Department's learning support guidelines, including adoption of a whole-school approach to supporting children with literacy difficulties, and development and implementation of a literacy plan by each school. My Department provides additional supports for schools serving disadvantaged communities. These supports include the reading recovery programme in primary schools, reduced class sizes, home-school liaison schemes and additional grants, all of which assist in improving literacy levels.

The reading recovery programme first piloted in the Louth, Monaghan and Cavan area has been extended to a number of schools in the Dublin area. Some 66 primary schools, 41 in Monaghan and 25 in Dublin, participate in the programme. My Department has recently recruited three teachers to train as reading recovery tutors, increasing the total number of tutors to five. Following completion of training, these new tutors will train teachers and facilitate the extension of the reading recovery programme, for the first time, to disadvantaged schools in Cork and Limerick.

The first steps programme offers primary teachers an accurate means of assessing and monitoring children's competencies and progress in reading, writing, spelling and oral language. Training of teachers in selected disadvantaged schools in first steps is ongoing. In addition, baseline data on literacy attainment levels is being strengthened through work by the Educational Research Centre and the OECD programme for international student assessment, PISA.

I also recently announced that funding of €500,000 would be provided before Christmas for the purchase of books for schools in key disadvantaged areas. Early interventions, such as those that I have outlined, are crucial in addressing literacy problems among children and have a lasting impact on tackling educational disadvantage and social exclusion.

Pupil-Teacher Ratio.

John McGuinness

Ceist:

409 Mr. McGuinness asked the Minister for Education and Science if the class size at a school (details supplied) will be examined with a view to improving the pupil-teacher ratio and other supports, which the school might need; and if she will make a statement on the matter. [32429/04]

Minister for Education and Science (Ms Hanafin)

The staffing of a primary school is determined by reference to the enrolment of the school on 30 September of the previous school year. The number of mainstream posts sanctioned is determined by reference to a staffing schedule and is finalised for a particular year following discussions with the education partners. The staffing schedule is structured to ensure that all primary schools will operate to an average mainstream class size of 29 pupils.

The mainstream staffing of the school referred to by the Deputy for the current school year is a principal and seven mainstream class teachers based on the enrolment of 196 pupils on 30 September 2003. The school also has a resource post and a shared learning support post. According to data submitted to my Department by the board of management the enrolment on 30 September 2004 was 197 pupils. The staffing for the 2005-06 school year will be determined on the basis of this figure in accordance with the agreed staffing schedule, which is expected to be notified to boards of management early in 2005.

This school is included in the rural dimension of Giving Children an Even Break. The school is benefiting from supplementary funding to provide additional educational supports for the children concerned. My Department has been engaged in an overall review of its educational disadvantage programmes with a view to building on what has been achieved to date, adopting a more systematic, targeted and integrated approach and strengthening the capacity of the system to meet the educational needs of disadvantaged children and young people. Any decision to expand or extend any of the initiatives aimed at addressing educational disadvantage is being considered in the context of this review, the outcome of which I hope to announce shortly.

The special education section of my Department has no outstanding applications for special educational needs, SEN, resources from the school in question. However, if any applications for SEN resources are received they will be considered in accordance with the Department's criteria.

Vocational Education Committees.

John McGuinness

Ceist:

410 Mr. McGuinness asked the Minister for Education and Science if she will take action in the crisis at a school (details supplied) in County Kilkenny; if professional assistance will be provided to the school to assist all parties to reach a resolution; and if she will make a statement on the matter. [32430/04]

Minister for Education and Science (Ms Hanafin)

The post-primary school, to which the Deputy refers, operates under the auspices of a vocational educational committee. The issue in question is therefore, in the first instance, a matter for the vocational educational committee concerned.

Riachtanais Speisialta Oideachais.

Olwyn Enright

Ceist:

415 Ms Enright asked the Minister for Education and Science the criteria, which will be used by her to decide whether a school will be progressed through the public private partnership model or through the school building programme; and if she will make a statement on the matter. [32485/04]

Minister for Education and Science (Ms Hanafin)

I will be announcing post-primary school projects that are suitable for inclusion in public private partnership, PPP, project bundles in the new year. Once a major building project is approved for any school, the delivery method for the project may be by way of traditional procurement or by way of public private partnership. Projects may be selected for procurement by the public private partnership method where it is considered that the size of the project or bundle of projects will generate interest in the private sector. In addition, the size of the individual schools and their potential to achieve construction efficiencies is considered. Post-primary schools are more likely to fit these criteria. Projects selected for delivery by the PPP method are generally confined to new builds on a greenfield site where the State holds title to the site.

The outcome of an evaluation of completed pilot PPP schools projects will form part of the consideration of further PPP projects together with a thorough assessment of affordability in the context of the competing demands on future capital funding envelopes. EUROSTAT changes to the accounting treatment of PPPs will also be taken into account in the consideration of any new projects.

Special Educational Needs.

John Ellis

Ceist:

416 Mr. Ellis asked the Minister for Education and Science if a special needs assistant will be provided for a person (details supplied) in County Leitrim for the full school day. [32529/04]

Minister for Education and Science (Ms Hanafin)

My Department is in receipt of an application for an increase in the level of special needs assistant support for the pupil in question. The application will be considered and a decision will be conveyed to the school at the earliest possible date.

John Ellis

Ceist:

417 Mr. Ellis asked the Minister for Education and Science if a special needs assistant will be provided to persons (details supplied) in County Leitrim; and the reason for the delay in providing same. [32530/04]

Minister for Education and Science (Ms Hanafin)

The care needs of the first pupil referred to by the Deputy can be met from within existing special needs assistant, SNA, supports at the school. The school authorities were notified accordingly. An application for SNA support is still outstanding for the second pupil referred to by the Deputy.

It has been my intention for some time to carry out a general review of SNA support levels and deployment in mainstream national schools. Bearing in mind the view expressed by schools that any such review should have regard to circumstances on the ground, I have decided that the process should involve a visit to each school, which has SNA support. The review has commenced and will involve approximately 2,000 primary schools with existing SNA supports. Decisions regarding the appropriate level of SNA support in the school concerned will be based on the outcome of this review. Arrangements are being made to review SNA allocation at the school concerned as a matter of priority.

Defence Forces Equipment.

Dinny McGinley

Ceist:

418 Mr. McGinley asked the Minister for Defence if his attention has been drawn to the fact that members of the Defence Forces are obliged to travel long distances in Army trucks, such as from Donegal to Cork, without safety belts or other safety equipment; his views on whether this is acceptable; if there are plans to change the methods of transport for such long distances; and if he will make a statement on the matter. [32346/04]

Minister for Defence (Mr. O’Dea)

The military authorities advise that troop carrying vehicles are the transport used by the Defence Forces for moving troops both to and from operations and training exercises. Where long distances are involved due consideration is given for adequate stops for rest and refreshments.

The troop carrying vehicle is an on-off road military vehicle designed to carry either fully kitted troops or stores in operational or training situations. The design of the vehicle is similar to that used by other western armies for the same purposes and as such complies with accepted international military practice and standards for the use of this type of vehicle.

Nuclear Safety.

Michael Ring

Ceist:

419 Mr. Ring asked the Minister for the Environment, Heritage and Local Government the proposals in place if there is a terrorist threat or terrorist attack to the Sellafield nuclear plant in the UK, in relation to the potential impact on this country; and if he will make a statement on the matter. [32065/04]

Minister for the Environment, Heritage and Local Government (Mr. Roche)

The Government has in place a national emergency plan for nuclear accidents; NEPNA, which is regularly updated. The NEPNA is designed to provide a response to a major accident or incident at a nuclear installation abroad, including one arising from a terrorist attack on Sellafield, which could result in radioactive contamination reaching Ireland. It has been prepared in accordance with Article 37 of the Radiological Protection Act 1991 (Ionising Radiation) Order 2000. It is also consistent with international best practice and meets the requirements of the International Atomic Energy Agency document, Safety Standard Preparedness and Response for a Nuclear or Radiological Emergency (GS-R-2).

My Department has the lead role in implementing the NEPNA through the emergency response co-ordination committee. This committee, which also includes representatives of other Departments and the Radiological Protection Institute of Ireland, would be quickly convened in the event of a major accident or incident at a nuclear installation in the UK or elsewhere having the potential to affect Ireland.

Emergency response management is a constant process. My Department reviews and updates the NEPNA regularly. Such updating deals with adaptations arising from the latest technical and scientific information and accommodates lessons learned through exercises and training.

A Government task force on emergency planning is also in place to co-ordinate the work of Departments and agencies with key roles in emergency planning. My Department is a member of that task force and participates fully in its work.

In the event of any accident or incident at a nuclear installation abroad, the critical issue for Ireland is early notification. Two notification systems are used for early warning. First, the 1986 Convention on Early Notification of a Nuclear Accident, which was adopted and came into force following the Chernobyl accident, requires all contracting states to inform the International Atomic Energy Agency, IAEA, immediately of an accident in any of its installations, which could have an effect outside its own boundaries. The IAEA, through its emergency response unit based at its headquarters in Vienna, will immediately pass on to all its member states, including Ireland, any notification which it receives of a nuclear accident in any part of the world. Second, in addition to this IAEA system, a separate system, known as ECURIE, European Community Urgent Radiological Information Exchange, is operated within the EU. Under this system, each EU member state is required to notify other member states of any radiological accident that could have consequences outside its territory. They must also provide details of any protective actions being taken and results of radiological measurements carried out. These notification systems are tested regularly to ensure that they are fully functioning at all times.

In addition, and also following Chernobyl, the International Convention on Assistance in the case of a Nuclear Accident came into force in 1987. This convention established a cooperation framework to facilitate rapid assistance in the event of a nuclear accident or a radiological emergency. Under the convention, a contracting party that requires assistance may call for assistance from any other state, either directly or through the IAEA. Ireland is a contracting party to this convention.

Proposed Legislation.

Finian McGrath

Ceist:

420 Mr. F. McGrath asked the Minister for the Environment, Heritage and Local Government if he has proposals to legislate for a right to housing and to remove the inequalities in the housing system here; and the housing plans for 2005. [32082/04]

Minister of State at the Department of the Environment, Heritage and Local Government (Mr. N. Ahern)

423 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government if he has plans to increase recycling options for recipients of the 2.4 million new telephone books distributed annually to households here; and if he will make a statement on the matter. [32051/04]

Minister for the Environment, Heritage and Local Government (Mr. Roche)

Households served with segregated collection of dry recyclables can recycle their old telephone directories by depositing them in their recyclables wheelie bin. This service is being progressively rolled out, with over 560,000 households nationally already in receipt of such service. Alternatively, households can recycle their old directories by depositing them at civic amenity sites-recycling centres. In the distribution cards circulated simultaneously with the telephone directories, households are referred to the inside back page of the Golden Pages directory for information on the recycling of old directories.

Council Directive 1999/31/EC on the landfill of waste requires member states to achieve specified targets for the reduction of biodegradable waste consigned to landfill. A draft national biodegradable waste strategy, setting out a range of integrated measures aimed at providing an effective basis for the achievement of the directive targets, was published earlier this year for public consultation. While the draft strategy acknowledges that publishers of telephone directories have taken positive steps to improve information on how to recycle directories, it recommends that further progress to support their collection and recovery is required. My Department has already held discussions with the publishers of the telephone directories on possible further measures that might be implemented in this regard, and will endeavour to reach agreement on appropriate mechanisms to assist in the achievement of specified targets in this area as soon as possible.

Nuclear Plants.

Ciarán Cuffe

Ceist:

424 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government the action he is taking to make Ireland’s concerns regarding the Sellafield nuclear plant known to the British Government and to ensure its closure; and if he will make a statement on the matter. [32052/04]

Michael Ring

Ceist:

425 Mr. Ring asked the Minister for the Environment, Heritage and Local Government if he has discussed the issue of the Sellafield nuclear plant with his counterparts in Britain recently; and his plans to discuss this matter. [32064/04]

Minister for the Environment, Heritage and Local Government (Mr. Roche)

Minister of State at the Department of the Environment, Heritage and Local Government (Mr. N. Ahern)

Statutory responsibility for tenancy registration rests with the Private Residential Tenancies Board under the Residential Tenancies Act 2004. The board is being appropriately resourced. Special arrangements have been made to deal with current demands in relation to tenancy registration and the situation in that regard is being kept under constant review.

As the receipt and processing of applications by the board is continuing, it is not possible to provide a meaningful figure for registrations. There has been a very positive response to registration from landlords generally and the volume of applications already made to the board indicates that the level of registrations is likely to be high. Landlords failing to register will be rigorously pursued by the board.

Social and Affordable Housing.

Seán Crowe

Ceist:

430 Mr. Crowe asked the Minister for the Environment, Heritage and Local Government if only 315 units of accommodation were built to provide social and affordable housing in the past year; and the locations at which they have been built on a county council basis. [32140/04]

Minister of State at the Department of the Environment, Heritage and Local Government (Mr. N. Ahern)

I assume that the question relates to the 315 social and affordable housing units which were provided under Part V up to end June 2004. In this regard, I refer to the reply to Question No. 257 of 16 November 2004. The needs of over 13,000 households will be met from this year's total provision for social and affordable housing.

Fire Stations.

Paul Kehoe

Ceist:

431 Mr. Kehoe asked the Minister for the Environment, Heritage and Local Government the reason the proposals for a new fire station (details supplied) in County Carlow have not been advanced to date; and if he will make a statement on the matter. [32316/04]

Minister of State at the Department of the Environment, Heritage and Local Government (Mr. B. O’Keeffe)

A proposal from Carlow County Council for approval in principle to a new fire station at Tullow is with my Department. This proposal will be considered in the context of the fire services capital programme having regard to the council's priorities and the competing demands nationally for fire services capital investment. A decision will issue to the council in due course.

Insurance Cover.

Paul Kehoe

Ceist:

432 Mr. Kehoe asked the Minister for the Environment, Heritage and Local Government if he plans to amend the Fire Services Act 1981 to include insurance cover for firemen who operate automatic external defribilators. [32317/04]

Minister for the Environment, Heritage and Local Government (Mr. Roche)

The provision of insurance cover for local authority personnel, including fire service personnel, in the performance of their official duties is a matter for the individual local authority concerned. The question of amending the Fire Services Acts 1981 and 2003 does not arise in this context.

Water and Sewerage Schemes.

Gerard Murphy

Ceist:

433 Mr. Murphy asked the Minister for the Environment, Heritage and Local Government the position with regard to the provision of a sewerage treatment plant for Newmanwel, County Cork; and when he expects the works will be completed. [32319/04]

Minister for the Environment, Heritage and Local Government (Mr. Roche)

In August this year, my Department sought applications from local authorities for funding under the 2005 EU co-financed specific improvements grant scheme. Applications submitted by Roscommon County Council included an application for funding for the widening, re-alignment, strengthening and surfacing of the R366 Roscommon to Creggs road. I intend to announce allocations for 2005 early in the new year.

Housing Aid for the Elderly.

Róisín Shortall

Ceist:

437 Ms Shortall asked the Minister for the Environment, Heritage and Local Government the action he is taking to correct the anomaly whereby window replacement is available under the housing aid for the elderly scheme in some health board areas but not in the Northern Area Health Board region; if he will increase funding to the ERHA to address the serious funding shortfall in this regard; and if he will make a statement on the matter. [32447/04]

Minister of State at the Department of the Environment, Heritage and Local Government (Mr. N. Ahern)

The special housing aid for the elderly scheme, administrated by a task force under the aegis of my Department and operated by the health boards, was established to provide assistance to improve the housing conditions of elderly persons living alone in unfit or insanitary conditions. Typically, the work undertaken would be necessary repairs to make a dwelling habitable for the lifetime of the occupant, such as repairs to chimney or fireplace, the provision of heating, water and sanitary facilities, the repair of windows or doors, roof repairs, the provision of food storage facilities etc.

Decisions to grant assistance in individual cases are the responsibility of the health boards at local level and, having regard to the guidelines issued by the task force, it is a matter for each board to determine, within the funds available, the priority of individual cases on hands.

In recognition of the valuable work being done, I arranged to make additional funding of €4 million available to the scheme generally in 2004. A total of €2.12 million for the operation of the scheme was allocated to the Eastern Regional Health Authority in 2004, compared to €1.82 million in 2003.

Radon Gas Levels.

Martin Ferris

Ceist:

438 Mr. Ferris asked the Minister for the Environment, Heritage and Local Government if he proposes to take measures in order to address the problem of unusually high and dangerous radon emissions in the Castleisland area. [32448/04]

Minister for the Environment, Heritage and Local Government (Mr. Roche)

In July 2003, a radon concentration level of 49,000 becquerels per cubic metre, Bq/m3, was identified in a house located close to the town of Castleisland, County Kerry. This exceptionally high radon concentration level was unprecedented in Ireland and other European countries. I understand that subsequent radon remediation works on the house resulted in a very significant reduction in the concentration level, that is, down to 500 Bq/m3.

I can also report to the House that follow-up radon measurements in houses in the area show that the exceptionally high radon concentration level has not been replicated to date in other houses in the area. The Radiological Protection Institute of Ireland, RPII, wrote to approximately 2,500 householders in the four 10 km x 10 km grid squares closest to the town to inform them of the very high reading found in the house in Castleisland and to advise them that they should have their own house measured for radon. By way of response to the RPII letters, I understand that 406 householders requested radon measurements. Results which are now available for 397 of these indicate that 54 houses, 14%, exceeded the national reference level of 200 Bq/m3, including five houses, 1%, which had concentrations above 1,000 Bq/m3. The highest concentration level found among the 397 houses was just over 6,100 Bq/m3, while the average concentration was just below 150 Bq/m3. Radon measurements were also completed in respect of 90 local authority homes in Castleisland, none of which were found to have radon concentrations in excess of the national reference level.

The Government, through the RPII, has committed significant resources to assessing the extent of the radon problem throughout the country and to increasing public awareness of radon. The RPII carried out a national survey of radon in domestic dwellings in the 1990s aimed at assessing the extent of the radon problem in homes. The survey involved the measurement by the RPII of radon for a 12 month period in a random selection of homes in each 10 km x 10 km grid square throughout the country. In all, over 11,000 houses were involved in the survey. Arising from that survey, the RPII estimated that some 91,000 houses nationally, or some 7% of the national housing stock, have radon concentrations in excess of the national reference level. The survey also identified high radon areas. The RPII's website www.rpii.ie contains a comprehensive map of the high radon areas in Ireland as well as the report of its national survey. The RPII has always encouraged those householders residing in high radon areas to have their homes tested for radon, and where measurements are found to exceed the national reference level, to carry out radon remediation works. The cost to a householder of having his or her home tested for radon would be in the order of €40.

In February 2002, my Department published a booklet entitled Radon in Existing Buildings — Corrective Options advising designers, builders and home owners on remediation options for reducing radon in existing houses to, or below, the national reference level. Upgraded building regulations, introduced in June 1997, require all new houses which commenced construction on or after 1 July 1998 to incorporate radon protection measures. My Department has recently published an updated edition of Technical Guidance Document C, TGD-D, on part C of the building regulations — site preparation and resistance to moisture — incorporating enhanced radon prevention measures for new buildings commencing on or after 1 April 2005. This new guidance document is aimed at ensuring that the 1997 radon protection measures are carried out more effectively.

Fire Stations.

John McGuinness

Ceist:

439 Mr. McGuinness asked the Minister for the Environment, Heritage and Local Government if he will report on plans to expand the Kilkenny city fire service; if it is planned to relocate the service to a site more central to the city and its environs; and if he will make a statement on the matter. [32482/04]

Minister for the Environment, Heritage and Local Government (Mr. Roche)

My Department has not received any such proposals from Kilkenny County Council.

Local Authority Housing.

Bernard J. Durkan

Ceist:

440 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government if his Department provided funds to Kildare County Council for housing purposes in the past 12 months; if insufficient funds were allocated thereby causing delays in the restoration of fire damaged dwellings; and if he will make a statement on the matter. [32553/04]

Minister of State at the Department of the Environment, Heritage and Local Government (Mr. N. Ahern)

My Department has allocated €19.250 million to Kildare County Council in 2004 for its housing construction-acquisition programme which includes expenditure on Traveller accommodation. The cost of work to fire damaged dwellings is a matter to be funded from the county council's own resources and the proceeds of insurance claims.

Seán Ryan

Ceist:

441 Mr. S. Ryan asked the Minister for the Environment, Heritage and Local Government if he will report on the application from Fingal County Council for an Exchequer grant towards the cost of installing central heating in its local authority houses; and if the application will be expedited as a matter of urgency. [32554/04]

Minister of State at the Department of the Environment, Heritage and Local Government (Mr. N. Ahern)

Arrangements are being made at present to process the full payment claim of €445,021 from Fingal County Council under the 2004 central heating programme.

Dáil Éireann díospóireacht - Tuesday, 7 Dec 2004

Air Services.

Gay Mitchell

Regional Infrastructure.

Eamon Ryan

Road Safety.

Joe Costello

Rail Network.

Dan Boyle

Road Safety.

Trevor Sargent

Air Services.

Jan O'Sullivan

Public Transport.

Liz McManus

Air Services.

Seán Ryan

Ruairí Quinn

Ruairí Quinn

Bernard J. Durkan

Róisín Shortall

Olivia Mitchell

Bernard J. Durkan

Road Network.

David Stanton

National Car Test.

Kathleen Lynch

State Airports.

Willie Penrose

Willie Penrose

Simon Coveney

Road Safety.

John Gormley

Driving Tests.

Olivia Mitchell

Road Safety.

Olwyn Enright

Air Services.

Richard Bruton

Driving Tests.

Eamon Gilmore

Light Rail Project.

Joe Costello

Road Network.

Billy Timmins

Ministerial Appointments.

Thomas P. Broughan

Road Safety.

Brian O'Shea

Michael D. Higgins

Driving Tests.

Pat Rabbitte

Richard Bruton

Regional Airports.

Bernard Allen

Public Private Partnerships.

Phil Hogan

Road Safety.

Thomas P. Broughan

Traffic Management.

Joe Sherlock

Rail Network.

Brendan Howlin

Road Safety.

Seán Crowe

Pat Rabbitte

Traffic Management.

Seán Crowe

State Airports.

Liz McManus

Michael D. Higgins

Road Safety.

Dan Boyle

Billy Timmins

Paul McGrath

Dáil Éireann díospóireacht -
Tuesday, 7 Dec 2004