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Dáil Éireann díospóireacht -
Wednesday, 13 Apr 2005

Vol. 600 No. 2

Written Answers.

The following are questions tabled by Members for written response and the ministerial replies received from the Departments [unrevised].
Questions Nos. 1 to 19, inclusive, answered orally.
Questions Nos. 20 to 55, inclusive, resubmitted.
Questions Nos. 56 to 64, inclusive, answered orally.

Social and Affordable Housing.

Gerard Murphy

Ceist:

65 Mr. G. Murphy asked the Minister for the Environment, Heritage and Local Government the level of management fees imposed on residents of social and affordable housing schemes throughout the country; and if he will make a statement on the matter. [11050/05]

Management fees are not applied by local authorities to their tenants in addition to differential rents. Rents paid by local authority tenants are used by local authorities to defray management and maintenance costs. The same position applies in relation to tenants of approved housing bodies. However, where houses are provided under the capital loan and subsidy scheme an annual management and maintenance allowance is paid in respect of each dwelling to the relevant approved housing body.

There are no details available in my Department of any management fees which may be levied on the owners of privately owned dwellings provided under the affordable housing schemes.

Planning Issues.

Billy Timmins

Ceist:

66 Mr. Timmins asked the Minister for the Environment, Heritage and Local Government if he has read a report (details supplied); if this report will have an impact on the guidelines for one-off houses in the countryside; and if he will make a statement on the matter. [11162/05]

Richard Bruton

Ceist:

78 Mr. Bruton asked the Minister for the Environment, Heritage and Local Government his views on the Law Reform Committee of the law society’s view that positive discrimination in terms of one-off housing is in some cases in breach of the Constitution, the European Convention on Human Rights and EU law; and if he will make a statement on the matter. [11022/05]

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

I am familiar with the recent report by the Law Society's reform committee entitled Discriminatory Planning Conditions: The Case for Reform.

Section 39 of the Planning and Development Act 2000, as was the case with previous planning legislation, provides that a condition may be attached to a grant of planning permission for a house, specifying that the house must be occupied by persons of a particular class or description, with provision to that effect to be incorporated in an agreement under section 47 of the Act. In effect, occupancy conditions are applied in certain circumstances as a mechanism to facilitate a positive approach to applications from persons who are part or linked to certain rural communities in circumstances where a different application might have to be refused.

In addressing the issue of occupancy conditions, the guidelines on sustainable rural housing state that such conditions are only appropriate in certain cases such as permissions being granted to persons with roots or links to areas close to the larger cities and towns under strong pressure for urban generated development and in the case of permissions being granted to permanent residents in an area where there is an over-concentration of holiday or second home development. The guidelines use illustrative examples to demonstrate that people who fall into the category of having local roots or links would include people who have spent much of their lives in rural areas and are building their first homes, farmers and their families, returning emigrants, people involved in forestry, inland waterway and marine related occupations, teachers in rural schools and other people whose work is predominantly in rural areas. This list is not intended to be exhaustive; planning authorities are asked to carry out their own assessment of the rural housing needs to be catered for in the areas mentioned, taking account of local conditions and planning issues and to add to the list as appropriate.

I am aware that in administering the planning code, planning authorities are required to act in a manner that is consistent with the norms of administrative and constitutional law, the European Convention on Human Rights law, EU law and equality law.

Following the publication of the finalised guidelines under section 28 of the Planning and Development Act 2000 on sustainable rural housing, it is my intention to monitor the effectiveness of the guidelines and in that context I will continue to bear in mind the concerns of the law society's recent report.

Local Authority Housing.

Paul Nicholas Gogarty

Ceist:

67 Mr. Gogarty asked the Minister for the Environment, Heritage and Local Government the progress which has been made at a national level in allowing the sale of local authority flats to tenants; and if he will make a statement on the matter. [11169/05]

Draft proposals to introduce a tenant purchase scheme for local authority flats were forwarded to my Department by Dublin City Council in June 2004. Arising out of this a working group, consisting of departmental and local authority officials, was set up to consider the matter. The group has met on a number of occasions and its work is continuing. The present position is that revised proposals are being prepared by Dublin and Cork City Councils for submission to the Department.

While a scheme for the purchase of local authority houses has been successfully operating for many years, the sale of local authority flats poses more difficult problems in particular in relation to property conveyance, insurance, the management of flat complexes and service charges. When the sale of flats was last examined in the early 1990's it was concluded that practical arrangements could not be guaranteed for the sale of flats that would be satisfactory for the purchaser, the local authority and the remaining tenants.

Present efforts are intended to revisit this matter with a view to seeing if the very real difficulties involved in the sale of flats can be overcome and a scheme satisfactory to all the key parties designed. Because of the complex issues involved I am not in a position at this stage to say when a decision will be reached.

Air Pollution.

Paul Kehoe

Ceist:

68 Mr. Kehoe asked the Minister for the Environment, Heritage and Local Government his views on the report presented to the Clean Air for Europe steering group by the European Commission which shows that air pollution kills 300,000 Europeans annually; its implications for Ireland; and if he will make a statement on the matter. [11032/05]

Ireland supports the EU Clean Air for Europe, CAFE, programme and the development of a thematic strategy which is due to be published later this year. The strategy will establish interim environmental objectives for air pollution for the purpose of protecting human health and the environment in the period to 2020, with an emphasis on particulate matter and ground-level ozone pollution. Other pollutants addressed in the programme include nitrogen oxides, sulphur dioxide, volatile organic compounds and ammonia.

Due to our geographic location and climatic circumstances, ground-level ozone pollution is not a problem in Ireland. The main source of particulate matter pollution is emissions from road traffic. This is borne out by the 2004 report by the EPA on Ireland's environment, which identifies emissions from road traffic as the greatest challenge to maintaining and improving air quality.

Air quality standards for a wide range of pollutants, including particulate matter, which are provided in EU legislation are transposed into national law under the Air Quality Standards Regulations 2002. Furthermore, a national programme for the progressive reduction of the four trans-boundary air pollutants — sulphur dioxide, nitrogen oxides, volatile organic compounds and ammonia — will be announced shortly.

Any new measures emerging from, or necessitated by, the CAFE thematic strategy when finalised will be incorporated into national policy and implemented in Ireland.

Planning Issues.

Eamon Ryan

Ceist:

69 Mr. Eamon Ryan asked the Minister for the Environment, Heritage and Local Government if he will consider changing the planning regulations in order that decisions on proposed local authority development works made under Part 8 of the Planning and Development Act 2000 can be appealed to An Bord Pleanála; and if he will make a statement on the matter. [11173/05]

Development by or on behalf of a local authority which requires environmental impact assessment must be submitted to An Bord Pleanála for approval.

With regard to development by or on behalf of a local authority which does not require environmental impact assessment, the manager of the planning authority must consult the public and prescribed authorities. The manager must submit to the elected members of the local authority a report on the proposed development which describes the nature and extent of the development, evaluates whether or not it would be consistent with the proper planning and sustainable development of the area and summarises the issues raised in any submissions or observations made on the proposed development. The development may proceed unless the elected members vary or modify it or decide not to proceed with it.

I have no current plans to amend these provisions which were relatively recently endorsed by the Oireachtas in the context of the Planning and Development Act 2000 and the Planning and Development Regulations 2001.

Social and Affordable Housing.

Seán Crowe

Ceist:

70 Mr. Crowe asked the Minister for the Environment, Heritage and Local Government the role he envisages the voluntary and community sector having in the provision of social housing in the next ten years; and if he will make a statement on the matter. [11124/05]

The voluntary and co-operative housing sector has an important contribution to make in the provision of social housing. By working in close partnership with local authorities, it plays a significant role in supplementing the efforts of local authorities in providing social housing in areas where particular housing needs have been identified. It is supported by my Department through two separate funding schemes, the capital assistance scheme, which addresses the special housing needs of persons such as the elderly, disabled and homeless, and the loan subsidy scheme, which provides housing for families in need.

The Government is fully committed to developing and expanding the sector and to supplying the necessary resources and support to enable it to become an important and significant force and provider in the housing area. This commitment is reflected in the National Development Plan 2000-2006 which includes ambitious targets for output by the sector for each year of the plan. There has been a steady increase in output by the sector from a level of 579 units of accommodation in 1999 to reach a record output of over 1,600 units in 2004.

Capital spending on these schemes has been increased significantly from €47 million in 1999 to €183 million in 2004. In conjunction with this funding for the voluntary housing programmes, my Department has also initiated the development by local authorities of five-year action plans, commencing in 2004, for the delivery of social and affordable housing, including the voluntary programme, to ensure a systematic and integrated approach to the effective use of these resources. I am concerned to ensure that the considerable investment involved has benefits in the long-term in breaking cycles of disadvantages and dependency. In this regard, it is anticipated that the voluntary and co-operative housing sector will continue to be involved in the provision of social housing and that the output of the sector will reach the targets contained in the current and subsequent action plans.

Litter Pollution.

Breeda Moynihan-Cronin

Ceist:

71 Ms B. Moynihan-Cronin asked the Minister for the Environment, Heritage and Local Government the reason he decided not to proceed with the consultants recommendations of an anti-litter levy on chewing gum; the representations he received from the industry and the US embassy on this matter; and if he will make a statement on the matter. [11072/05]

Enda Kenny

Ceist:

108 Mr. Kenny asked the Minister for the Environment, Heritage and Local Government the nature of the representations made to him by companies (details supplied) and the Embassy of the United States regarding the proposed chewing gum tax; and if he will make a statement on the matter. [11034/05]

I propose to take Questions Nos. 71 and 108 together.

On foot of the success of the environmental levy on plastic bags, which was introduced in March 2002 and has resulted in a reduction in the dispensing of plastic shopping bags at retail outlets by over 90%, An Agreed Programme for Government contained a commitment to consider the extension of the levy on plastic bags to other materials which may be problematic from a waste management and-or litter perspective. The litter monitoring body, which is co-ordinated by my Department, has published two reports to date, in respect of the years 2002 and 2003, which provide valuable statistical data in relation to litter pollution in Ireland. In the light of the first litter monitoring body report published in July 2003 in respect of the year 2002, my predecessor announced his intention to tackle the issue of litter caused by chewing gum, fast food packaging and automated teller machine — ATM — receipts, which were identified as significant elements of litter pollution.

To this end, a consultancy study was commissioned in September 2003 to carry out an analysis and recommend appropriate economic instruments, including environmental levies, that might be implemented to tackle the litter problems caused by these items. The consultancy study involved consultation with the relevant industry stakeholders. The consultancy report was released for public consultation on 23 September 2004.

In relation to chewing gum, the consultants' report proposed two options: (i) a mandatory 10% levy on chewing gum sales — an average 5 cent per pack — to be collected at manufacturer-importer-distributor level, which would generate an estimated €4-€5 million per annum for use in paying towards the clean-up costs of chewing gum litter; or (ii) a negotiated agreement between my Department and the industry involving the putting in place of a comprehensive action plan, incorporating intensive education and awareness campaigns, and including agreed funding levels with agreed tangible targets and timeframes aimed at changing consumer behaviour in relation to chewing gum disposal and reducing gum litter.

The consultancy report also recommended negotiated agreements with the relevant sectors in relation to fast food packaging and ATM receipts.

The purpose of the public consultation process was to obtain the views of relevant stakeholders and other interested parties on the report's recommendations. The deadline for the receipt of comments and submissions under the public consultation phase was 29 October 2004.

During the public consultation phase, I held a meeting with representatives of the chewing gum industry to discuss the consultants' report; this meeting was facilitated and attended by the Ambassador of the United States of America. The industry outlined measures and solutions that it was prepared to implement by way of a negotiated agreement as a means of addressing the chewing gum litter problem.

My Department has examined the various submissions made as part of the consultation process and having regard to both the recommendations of the consultancy report and the submissions received during the public consultation, I recently announced my decision to commence a process of negotiating agreements with all three of the relevant sectors.

I believe this will give all three sectors — chewing gum manufacturers, the fast food industry and the banking sector — an opportunity to propose positive and meaningful measures to minimise the impact of the items they produce in causing nuisance litter. In accordance with the consultants' recommendations, the application of mandatory levies will be back on my agenda if any sector fails to propose effective measures, which will include an appropriate level of funding, to address the problems caused within an agreed timeframe.

Waste Management.

Breeda Moynihan-Cronin

Ceist:

72 Ms B. Moynihan-Cronin asked the Minister for the Environment, Heritage and Local Government the progress made to date in regard to his discussions with the Department of Social and Family Affairs regarding difficulties faced by those on low incomes in paying service charges, especially where there is no waiver scheme; and if he will make a statement on the matter. [11071/05]

Liz McManus

Ceist:

88 Ms McManus asked the Minister for the Environment, Heritage and Local Government if he intends to provide for a national waiver system for those on low incomes who are unable to pay service charges without undue hardship; and if he will make a statement on the matter. [11070/05]

I propose to take Questions Nos. 72 and 88 together.

The making of waivers in respect of waste charges connected with services provided by, or on behalf of, local authorities is a matter for the local authority concerned. My Department has no function in the matter.

The issue of waste charges in the context of low income persons-households has been raised in a social partnership context arising from Sustaining Progress. Discussions are continuing between my Department and the Department of Social, Community and Family Affairs in terms of identifying how any outstanding issues might be addressed.

Infrastructure Projects.

Joan Burton

Ceist:

73 Ms Burton asked the Minister for the Environment, Heritage and Local Government the status with regard to the proposed critical infrastructure Bill, which was first announced in October 2003; when it is likely that the Bill will be published; its main features; and if he will make a statement on the matter. [11061/05]

Simon Coveney

Ceist:

121 Mr. Coveney asked the Minister for the Environment, Heritage and Local Government his plans for a national infrastructure board; the stage of these plans; and if he will make a statement on the matter. [11051/05]

Cecilia Keaveney

Ceist:

285 Cecilia Keaveney asked the Minister for the Environment, Heritage and Local Government his plans to review the number of stages which infrastructural projects have to go through before work can begin; and if he will make a statement on the loss of time that is beingencountered in delivery of projects. [11467/05]

I propose to take Questions Nos. 73, 121 and 285 together.

I believe there is wide consensus that we should have a regulatory system for major infrastructure projects that delivers projects in the right place at the earliest possible time and in a cost effective way. In addition, the system must be capable of mitigating the impact of any major project on the environment and on people, and complying with all relevant national and international legal requirements.

Having examined the problems that have arisen in the area, the Government considers that legislation is desirable to address some issues arising in the approval process. Because of the complexity of the issues involved and the need to consult widely among my colleagues, the preparation of draft legislative proposals has taken some time. I am currently working on the proposals for a strategic infrastructure Bill and I intend to bring them before Cabinet shortly with a view to publishing the Bill as soon as possible.

In advance of the Government making a decision on these proposals, it would be inappropriate to elaborate on their detail. In general terms, however, it is intended to reduce the time required for obtaining development consent for necessary major public projects and to co-ordinate and streamline the different procedures now involved, while respecting the requirements of environment and heritage protection and the need for adequate public consultation.

Local Authority Housing.

Gay Mitchell

Ceist:

74 Mr. G. Mitchell asked the Minister for the Environment, Heritage and Local Government his estimate of the number of unfinished housing estates here; and if he will make a statement on the matter. [11024/05]

Election Management System.

Simon Coveney

Ceist:

75 Mr. Coveney asked the Minister for the Environment, Heritage and Local Government if he has plans to introduce a scheme of automatic voter registration for persons reaching their 18th birthday; his views on whether such a scheme would be desirable; and if he will make a statement on the matter. [11019/05]

The compilation and publication of the register is a matter for each registration authority in accordance with electoral law and involves the carrying out of house-to-house or other local inquiries, including in many cases delivering registration forms to households for completion. The draft register is published on 1 November each year and is made available for examination at post offices, public libraries, Garda stations, courthouses and local authority offices up to 25 November. The final register is published on 1 February and comes into force for a year on 15 February.

Each year, my Department undertakes an advertising campaign to coincide with the publication of the draft register to encourage electors to check the draft and ensure that they are correctly registered. Over the past number of years, the advertising campaign has included initiatives specifically targeted at young people.

Students who live away from home while attending college have the choice of being registered at their parents' address or their student residential address. Students pursuing a course of study on a full-time basis at an educational institution in the State, who are registered and living away from home and cannot attend their polling station, may apply for entry in the postal voters list.

Under the Electoral (Amendment) Act 2001, the grounds for making application for entry in the supplement to the register of electors were widened to allow, inter alia, a person who has reached 18 years of age on or before polling day to apply for entry in the supplement to the register; previously, the cut-off point was the closing date for the supplement.

While the accuracy of the electoral register depends to a significant extent on the co-operation and engagement of the individual citizen, I will keep under review the scope for further initiatives to help registration authorities to identify and target young people in this regard.

Planning Issues.

Eamon Gilmore

Ceist:

76 Mr. Gilmore asked the Minister for the Environment, Heritage and Local Government the basis for the changes in the retail planning guidelines announced by his Department on 5 January 2005; the names of those retail concerns that made representations to his Department to have the guidelines changed; if his attention has been drawn to the serious concerns expressed about the possible impact of the change on existing retailers; if applications for developments under the new guidelines have yet been received; and if he will make a statement on the matter. [11059/05]

The recently amended retail planning guidelines, which have effect from 1 February 2005, provide that the floorspace cap on retail warehouses will no longer apply within the functional areas of the four Dublin local authorities and in the other national spatial strategy gateways. The gateway towns and cities are Athlone-Tullamore-Mullingar, Cork, Dublin, Dundalk, Galway, Letterkenny, Limerick-Shannon, Sligo and Waterford. This modification to the guidelines will only apply in areas subject to integrated area plans under the Urban Renewal Act 1998.

The amendment to the retail planning guidelines follows a review of the floorspace cap on retail warehouses set in the retail planning guidelines, which were made in 2001. Those guidelines had prescribed a maximum floor area of 6,000 square metres gross retail floorspace for large-scale single retail warehouse development. This cap has been reviewed, taking account of the need to promote effective competition in this sector of retailing and of ongoing developments in retail formats, while continuing to respect proper planning and sustainable development.

To assist in carrying out the review of the floorspace cap, interested parties were invited to make submissions to my Department. Some 71 submissions were received and assessed. Of the 71 submissions received by my Department, 48 submissions were in favour of retaining the existing cap, 19 were in favour of the cap being increased or abolished and four submissions did not come down clearly on either side. Retail concerns, or agents acting on their behalf, who suggested changes in the guidelines in their submissions were IKEA, Tesco Ireland, Costco UK Limited and B&Q.

Following the closing date for the receipt of submissions relating to the review my Department arranged for the preparation of reports summarising the main points raised in the submissions on the review and analysing those submissions, with particular reference to the arguments for and against lifting the overall restriction on the size of retail warehouses nationally, as specified in the guidelines, in the context of the issues of traffic impact, the impact on city and town centres and the implications of any change for the national spatial strategy.

Options considered in finalising the review included: making no change in the existing guidelines; abolishing the overall size cap on retail warehouses nationally; increasing the size cap; making a specific amendment to the guidelines to allow for large-scale unique format stores; and providing for the non-application of the size cap in certain specified areas.

Taking account of the submissions made in the course of the review and various analyses carried out by my Department I decided, with the approval of the Government, that the revised retail planning guidelines would provide that the existing floor space of 6,000 square metres gross on single warehouse development would no longer apply in those areas, which are the subject of integrated area plans under the Urban Renewal Act 1998, within the functional areas of the four Dublin local authorities and in the other national spatial strategy gateways. The revised guidelines also specifically provide that to be acceptable from a planning point of view, individual retail warehouses in excess of 6,000 square metres must be located close to a road network with sufficient capacity to cater for development of the scale proposed, that any proposal for such a retail warehouse must be accompanied by a traffic impact assessment and that any potential impact on the vitality and viability of town centres will be an important consideration to be taken into account by planning authorities in determining applications for such development.

While I am aware that some existing retailers and their representatives have raised concerns about the impact on them of the changes to the guidelines, I am satisfied that the basis on which the changes have been made will minimise any adverse impacts and will have many positive benefits for the overall retail sector in Ireland and its customers.

Social and Affordable Housing.

Michael D. Higgins

Ceist:

77 Mr. M. Higgins asked the Minister for the Environment, Heritage and Local Government the progress made with regard to the announcement on 24 February 2005 to swap State-owned lands for private sites on which housing development has already been completed to help fast track the provision of the 10,000 affordable houses promised under Sustaining Progress; and if he will make a statement on the matter. [11064/05]

My Department has been examining an additional strategy as a means of speeding up delivery of affordable units under the affordable housing initiative, AHI, under Sustaining Progress. This consists of a land swap option which proposes that high value land in State ownership, which has been made available to the AHI, be exchanged with builders-developers in return for housing units already completed on a site or combination of sites owned by that developer. Rather than build units on the State land by way of the traditional procurement and development process, it is considered that this approach may have the advantage of delivering the units more quickly while at the same time ensuring value for money for the State asset.

The Harcourt Terrace site was advertised on 17 November on a pilot basis to test this approach. I understand there was considerable interest in this site and Dublin City Council, following a short-listing process, is currently in the process of selecting a successful bidder for the site. It is expected that negotiations will be completed shortly.

The outcome of the piloting of this approach, which is being closely monitored at all stages, will then be evaluated with a view to using the land swap option on other AHI sites.

Question No. 78 answered with QuestionNo. 66.

Caoimhghín Ó Caoláin

Ceist:

79 Caoimhghín Ó Caoláin asked the Minister for the Environment, Heritage and Local Government if he will update the House in relation to the delivery of social and affordable housing through Part V of the Planning and Development Act 2000. [11120/05]

Brendan Howlin

Ceist:

128 Mr. Howlin asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the fact that half of the country’s local authorities have failed to acquire any social or affordable houses under the terms of Part V of the Planning Act 2000; the steps he intends to take to ensure that all local authorities make full use of this facility; and if he will make a statement on the matter. [11066/05]

Trevor Sargent

Ceist:

135 Mr. Sargent asked the Minister for the Environment, Heritage and Local Government if he will report on the benefits that have accrued to the State to date from the receipt of dwellings, financial contributions and sites under Part V of the Planning and Development Act 2000; and if he will make a statement on the matter. [11175/05]

I propose to take Questions Nos. 79, 128 and 135 together.

Part V of the Planning and Development Acts 2000-2004 is fully operational and all relevant residential planning applications are now subject to a Part V agreement. Apart from the provision of housing units to the local authority on or off-site, an agreement under Part V may provide for a range of other options. Notwithstanding the availability of these options, my Department's stated preference, which has been communicated to local authorities, is for the provision of housing units whether on-site or off-site.

Final figures are not available yet for 2004, but it is estimated that some 800 social and affordable housing units had been acquired by local authorities by the end of 2004; nearly 1,900 were in course of acquisition; and a further 2,800 were earmarked for acquisition on foot of Part V agreements with developers. In addition, nine land transfers to local authorities have been completed involving 6.72 hectares; a further 150 partially or fully serviced sites have been transferred to local authorities and voluntary housing bodies; and some €10 million has been received in payments in lieu and under the withering levy. It is clear from the returns that there has been activity in all of the city and county councils under at least one of the options available for complying with Part V.

It is envisaged that some 6,000 social and affordable units will be delivered under Part V between 2005 and 2007. Additionally, payments in lieu, which are ring-fenced for housing capital purposes only, together with land and sites accruing from the take-up of the alternative options will further supplement the overall provision of social and affordable housing. On this basis, I am satisfied that the provisions of Part V are being suitably progressed and that they will contribute significantly to the supply of social and affordable housing going forward.

Waste Management.

Liam Twomey

Ceist:

80 Dr. Twomey asked the Minister for the Environment, Heritage and Local Government the new initiatives he intends to take to encourage waste minimisation; and if he will make a statement on the matter. [11043/05]

An effective basis for addressing our waste management responsibilities has been put in place through my Department's policy statements, Changing Our Ways, Delivering Change — 1998 and Taking Stock Moving Forward — 2004, statutory waste management plans largely prepared on a regional basis and the comprehensive regulatory framework now in place in relation to waste.

The Government's approach is based on the internationally recognised waste management hierarchy of prevention-minimisation, significantly increased levels of recycling, energy recovery and utilising landfill as the last resort for residual waste that cannot otherwise be recovered.

A key priority currently is the development and rollout of a national waste prevention programme. A core prevention team was established last year in the Environmental Protection Agency to develop and drive the programme — a draft programme was published by the agency in April 2004. The core prevention team is in the process of developing baseline studies as part of the initial phase of the programme. The five-year programme also envisages mandatory waste and material audits, waste prevention pilot schemes etc. The initial budget for the national waste prevention programme is €2 million.

A key component of the waste management system in Ireland has been the development of producer responsibility initiatives. I recently made regulations to further streamline the packaging waste regulations made in 2003. As I indicated when making the revised regulations, my Department is currently reviewing a number of policy aspects in relation to the operation of the packaging recycling regime currently in place. Excessive packaging is generated through a combination of poor packaging design, inefficient production or manufacturing processes and unsustainable consumption patterns, for example, by purchasing excessively packaged products. Taking action to prevent waste being generated in the first place is fundamental to the overriding objective of de-coupling economic growth from growth in waste arisings.

Despite the in-built incentive favouring waste prevention under the existing Repak scheme, greater efforts still need to be made by producers generally in reducing the amounts of unnecessary over-packaging of products placed on the market. Consumers also have a critical role in this regard by favouring products with less packaging. This message is being actively promoted in the Race Against Waste campaign.

My Department is currently developing regulations for further producer responsibility initiatives in relation to EU directives on waste electrical and electronic equipment and end-of-life vehicles; these directives are based on the promotion of waste prevention and minimisation objectives. Regulations implementing these will be made this year. Work is also under way in developing producer responsibility initiatives for waste tyres and for newsprint.

Recycling Facilities.

Fergus O'Dowd

Ceist:

81 Mr. O’Dowd asked the Minister for the Environment, Heritage and Local Government the position regarding the proposed civic amenity centre for Drogheda, County Louth. [11150/05]

I refer to the reply to Question No. 49 of 30 September 2004 which sets out the background to the development of this facility.

I understand that Drogheda Borough Council has issued tenders for the construction works and is currently in the process of recommending the appointment of a contractor to commence work. My Department is awaiting receipt of a detailed breakdown of the revised costs. Upon receipt of this information further consideration will be given to the proposed project.

Planning Issues.

Eamon Ryan

Ceist:

82 Mr. Eamon Ryan asked the Minister for the Environment, Heritage and Local Government the different roles and responsibilities of his Department and local authorities in regard to monitoring and enforcing the conditions of planning permission, building regulations and fire safety certificates; the number of personnel involved in enforcing the law in each case; if he has satisfied himself with the level of enforcement; if he has proposals for change in this area; and if he will make a statement on the matter. [11172/05]

The role of my Department in relation to local authorities is primarily to provide the policy, financial and legislative framework within which local authorities perform their functions.

The enforcement of planning control is more directly a matter for the planning authority, which can take action where a development requiring planning permission has not obtained this permission or where permission has not been complied with. The Planning and Development Act 2000 introduced a strengthened and simplified enforcement regime, with, among other things, greatly increased fines and a statutory obligation on planning authorities to take action in response to well-founded complaints about unauthorised development.

Data collected by my Department on local authority planning staff does not identify separately those engaged in enforcement. The enforcement provisions of the Planning and Development Act 2000 were commenced on 11 March 2002. While it is still early to establish its impact on the overall level of enforcement activity by planning authorities and while 2003 figures are not directly comparable to 2002 figures due to the changes in the legislative provisions, figures for 2003, the latest available, indicate an increase in the number of notices issued — 28% — and an increase in the number of notices complied with — 24% — and also an almost doubling in the number of convictions from 100 in 2002 to 196 in 2003.

The Building Control Act 1990 assigns primary responsibility for complying with the building regulations to the designers, builders and owners of the buildings involved. Under the 1990 Act, the role of local building control authorities is to monitor buildings for compliance with the building regulations and to institute enforcement action, where appropriate. The authorities are also empowered to issue and enforce fire safety certificates for the designs of non-domestic buildings and apartment blocks.

I propose to introduce a building control Bill before the end of 2005. The Bill will provide for, inter alia, strengthening of the enforcement powers of building control authorities. I understand that 41 building control officers are employed by building control authorities.

My Department and the City and County Managers Association have adopted a target of inspecting a representative sample of buildings — currently equivalent to at least 12% to 15% of buildings covered by valid commencement notices served on each building control authority. I understand that in the half-year ended 30 June 2004, the latest period for which complete data is available, all authorities were carrying out inspections and 30 — 81% — out of 37 authorities had reached the national target.

Waste Management.

Dan Neville

Ceist:

83 Mr. Neville asked the Minister for the Environment, Heritage and Local Government the nature of representations he has received on the proposed waste treatment plant in Waterford Port; and if he will make a statement on the matter. [11020/05]

I assume that the question refers to reports relating to a possible proposal by a private company to develop a solid waste treatment plant in Waterford Port on a commercial basis. Waste management facilities must comply with stringent planning and environmental standards and secure planning permission from the relevant local authority or An Bord Pleanála and environmental licensing from the Environmental Protection Agency.

I am advised that my Department received representations some time ago from individuals who had concerns about the above possible development. My Department replied that it was legally precluded from becoming involved in the planning and EPA licensing processes.

House Prices.

Brendan Howlin

Ceist:

84 Mr. Howlin asked the Minister for the Environment, Heritage and Local Government the average increase in the price of a new house and a second hand house in Dublin and the rest of the country during 2004; the anticipated level of increase during 2005; and if he will make a statement on the matter. [11065/05]

Detailed information on house prices is set out in my Department's housing statistics bulletins, copies of which are available in the Oireachtas Library.

The rate of house price increase has generally declined in recent quarters and is now considerably lower than in the late 1990s. The figures for the third quarter of 2004 show this trend continuing with rates of increase well below those in 2003. Final statistics for the last quarter of 2004 are not yet available. My Department does not undertake forecasts of house prices. The consensus among market commentators appears to be that the trend of moderation in prices generally is likely to continue in the current year, even if variations in the overall trend occur in particular segments of the market from time to time. The likelihood of continued moderation is underpinned by the trend of housing output, with 2004 delivering the tenth year of record housing output and indications of a continued high level of output in 2005 and subsequent years.

The Government will continue to promote moderation in house prices through effective policies, including measures to ensure adequate housing supply in keeping with demand in the context of balanced and sustainable growth of the housing market.

Waste Management.

Brian O'Shea

Ceist:

85 Mr. O’Shea asked the Minister for the Environment, Heritage and Local Government when his Department received the study prepared by the Health Research Board on the health implications of waste incineration; when he intends to publish his response to the study, which has been promised on a number of occasions; and if he will make a statement on the matter. [11073/05]

The Health Research Board study on the effects of landfill and incineration was published in 2003. My Department, together with the Department of Health and Children and the Environmental Protection Agency, has been considering this report with a view to agreeing on a response to its findings. I accept that this process has taken longer than originally anticipated, due primarily to the need also to consider a more recently published UK government report on a review of environmental and health effects of waste management.

Consideration of the issues has been concluded by the bodies concerned and an agreed draft response has been prepared, which I intend to publish shortly.

Nuclear Plants.

Emmet Stagg

Ceist:

86 Mr. Stagg asked the Minister for the Environment, Heritage and Local Government the discussions he has had with the British authorities in regard to the recent disclosure that 30 kg of plutonium are unaccounted for at the Sellafield nuclear plant; if he has sought an explanation from the British authorities as to the way in which this material could be mislaid; if steps are being taken to locate and secure the material; and if he will make a statement on the matter. [11057/05]

Michael Ring

Ceist:

122 Mr. Ring asked the Minister for the Environment, Heritage and Local Government the nature of assurances he received from British Nuclear Fuel Limited and the British Government regarding media reports of unaccounted plutonium at its facilities; and if he will make a statement on the matter. [11035/05]

I propose to take Questions Nos. 86 and 122 together.

On 17 February last, the United Kingdom Atomic Energy Authority, British Nuclear Fuels plc and Urenco (Capenhurst) Limited published details of the nuclear materials balance arising from the use of plutonium and-or uranium in their civil nuclear programmes during 2003 and 2004. Publication of these figures is a voluntary industry practice in the UK introduced in 1977 and repeated annually.

I have previously reported to the House on the improved co-operation and information exchange mechanisms put in place between the Irish and UK Governments on radiological matters arising from discussions under the terms of the UNCLOS provisional measures award. In accordance with these improved co-operation measures, I directed my officials to raise this matter with the UK authorities in order to establish the position regarding media reports to the effect that 30 kg of plutonium material had been "lost" or had"disappeared" at Sellafield.

Arising from these contacts with the UK Administration I understand that, in the figures published, some 30 kg of plutonium has been attributed as "Material Unaccounted For". This term represents the difference between measured stock and the book account. I received assurances from the UK Government that the figures in this case related to a "book" discrepancy arising from measurement uncertainties and that there is no evidence to suggest that any of the apparent losses reported are real losses of nuclear material. It is not unusual for the accounting process to indicate material unaccounted for and it can have a positive or negative value.

The figures published relate to 2003 and 2004 and have all been reported to EURATOM and the International Atomic Energy Agency under the UK's various nuclear safeguards obligations. I understand that the figures returned are not the subject of further inquiry by these bodies and that they are all within international standards of expected measurement accuracies for closing a nuclear balance at the type of facility concerned.

The British Government does not believe the figures have any implications for the state of security at Sellafield. It has emphasised that nuclear materials are protected at all times and levels of security at nuclear sites are very high. All sites are required to comply with a security plan approved by the Office for Civil Nuclear Security and the measures taken exceed international requirements in this area. The Radiological Protection Institute of Ireland is currently reviewing the information available. Should high level action be indicated arising from their review of the information available on this matter, I will raise any matters arising directly with my ministerial counterparts in the UK.

On behalf of the Government, I will continue on a bilateral basis with the UK to articulate the concerns and protect the interests of Irish citizens in regard to nuclear reprocessing which gives rise to plutonium stocks and ensure these views are articulated consistently and cogently at relevant international fora such as the International Atomic Energy Agency and the European Union.

Waste Management.

Damien English

Ceist:

87 Mr. English asked the Minister for the Environment, Heritage and Local Government his views on whether those companies categorised as self-compliers under the waste regulations are meeting their responsibilities to inform consumers that they are obliged to take back packaging waste; and if he will make a statement on the matter. [11037/05]

The Waste Management (Packaging) Regulations 2003 as amended, which revised and replaced previous regulations made in 1997, are intended to facilitate the achievement by Ireland of the 50% packaging waste recovery target by end 2005 as set out in Directive 94/62/EC on packaging and packaging waste. These regulations provide the necessary legal framework to facilitate the recovery and recycling of packaging waste in Ireland.

All producers, including retailers, participating in the placing of packaging on the Irish market must segregate the packaging waste arising on their own premises into specified waste streams, that is, waste aluminium, fibreboard, glass, paper, plastic sheeting, steel and wood, and have it collected by authorised operators for recycling. In addition, major producers, that is, those who have an annual turnover in excess of €1 million and who place more than 25 tonnes of packaging on the Irish market, have additional responsibilities with regard to the recovery of packaging waste from their customers.

Under the 2003 packaging regulations, major producers have the option of either complying directly with their producer responsibility obligations, that is, self-compliance or, alternatively, getting an exemption from those requirements by becoming a member of a packaging waste compliance scheme. Repak Limited, established by Irish industry in 1997 to promote, co-ordinate and finance the collection and recovery of packaging waste with a view to achieving Ireland's packaging waste recovery and recycling targets under Directive 94/62/EC, is the sole approved compliance scheme for the recovery of packaging waste in Ireland.

Major producers, who opt to self-comply with the regulations, are required, inter alia, to accept from any person, free of charge, at each premises from which packaging, packaging materials or packaged products is supplied, packaging waste of a type or brand supplied by that major producer and adequate facilities must be provided by that major producer at each of the relevant premises for the acceptance, segregation and storage of such packaging waste from customers. A further obligation on self-compliers includes the placement of a sign at each entrance to each premises from which packaging, packaging materials or packaged products is supplied, informing the public that packaging waste of a type or brand supplied by that major producer will be accepted free of charge at that premises for the purposes of recovery.

I have recently made amending regulations to further streamline the existing 2003 packaging regulations. One of the principal changes under the new regulations is the introduction of a requirement on self-complying major producers to place notices in local newspapers at least twice a year — in the months of March and September — advertising their take-back facilities and their obligation to take-back, from members of the public, packaging waste free of charge of a type or brand supplied from their respective premises.

In addition, an obligation has also been introduced on local authorities to advertise lists at least once a year of major producers in their respective functional areas who are obliged to take-back packaging waste from members of the public. These new provisions will, together with the existing obligations for signage at each entrance to each premises, greatly enhance public awareness of the self-compliance take-back obligations with regard to packaging waste placed on the Irish market.

Question No. 88 answered with QuestionNo. 72.

Planning Issues.

Dan Boyle

Ceist:

89 Mr. Boyle asked the Minister for the Environment, Heritage and Local Government when he expects to publish new guidelines for determining planning applications for the use of planning authorities to replace the 1981 regulations; and if he will make a statement on the matter. [11166/05]

My Department issued development control and advice guidelines in 1982 which contain advice and guidelines of a general nature in relation to the development control functions of planning authorities. These guidelines are currently under review and I expect to issue draft development management guidelines for public consultation by mid 2005.

Waste Management.

Mary Upton

Ceist:

90 Dr. Upton asked the Minister for the Environment, Heritage and Local Government if his Department has now responded to the supplementary letter of formal notice from the European Commission expressing concern about the sufficiency of controls on the illegal movements of waste out of Ireland, which was to have been responded to by mid-January; the content of any such response; and if he will make a statement on the matter. [11088/05]

An additional letter of formal notice was received from the European Commission in relation to controls on irregular waste movements and illegal waste trafficking in Ireland. A formal response to this letter issued to the Commission on 18 February 2005 in order to meet the extended reply deadline of 18 February 2005.

It would not be appropriate to make a statement on this issue or to publish or generally make available copies of such correspondence with the European Commission, as it comprises material which could form the basis of pleadings in subsequent legal proceedings before the European Court of Justice.

Planning Issues.

John Deasy

Ceist:

91 Mr. Deasy asked the Minister for the Environment, Heritage and Local Government when he expects to publish guidelines on one-off houses in the countryside; and if he will make a statement on the matter. [11161/05]

I am pleased to advise the Deputy that earlier today I launched the finalised Guidelines for Planning Authorities on Sustainable Rural Housing. The guidelines constitute statutory ministerial planning guidelines under section 28 of the Planning and Development Act 2000, to which planning authorities and An Bord Pleanála are required to have regard in exercising their planning functions. Planning authorities are required to review and vary their development plans, where necessary, to ensure that their policies on rural settlement are consistent with the policies set out in the guidelines.

A total of 105 submissions in relation to the draft guidelines were received by my Department from interested organisations and individuals. The submissions have been examined in detail by the Department and many of the suggestions for clarifying or improving the guidelines have been incorporated in the guidelines in their final statutory form.

Building Regulations.

Dan Boyle

Ceist:

92 Mr. Boyle asked the Minister for the Environment, Heritage and Local Government his views on the disparity between the energy performance criteria for domestic heating installations in the UK, which now require in most cases that high performance condensing boilers are used, and the situation in this country in which lower energy performance criteria still appear to apply; and if he will make a statement on the matter. [11167/05]

I understand that Part L of the Building Regulations for England and Wales requires the installation of condensing boilers in new dwellings with gas fired heating systems from 1 April 2005, and with oil fired systems from 1 April 2007. When replacing a boiler in an existing house, the decision on whether to install a condensing or non-condensing boiler will depend on the outcome of a mandatory boiler assessment procedure.

In Ireland, the European Communities (Efficiency Requirements for New Hot Water Boilers Fired with Liquid or Gaseous Fuels) Regulations 1994 require that domestic boilers installed on or after 1 August 1994 meet minimum efficiency requirements laid down by EU Council Directive 92/42/EC of 21 May 1992.

The option of encouraging or requiring the installation of boilers to meet the equivalent UK standard is one of the issues being considered in the context of implementation of EU Directive 2002/91/EC of 16 December 2002 on the energy performance of buildings.

Decentralisation Programme.

Ruairí Quinn

Ceist:

93 Mr. Quinn asked the Minister for the Environment, Heritage and Local Government the latest position in regard to the number of his Department’s Dublin based staff who have applied through the central applications facility for decentralisation for the proposed new locations for his Department at Kilkenny, New Ross, and Wexford; the grades of staff who have applied; and if he will make a statement on the matter. [11080/05]

My Department is co-operating with the Department of Finance, the decentralisation implementation group, DIG, and the Office of Public Works to ensure the Government's decentralisation programme is implemented efficiently and effectively. In accordance with the Government decision on the first phase of moves under the programme, the transfer of my Department's headquarters to Wexford is included in the list of those organisations considered potential "early movers".

A total of 495 applications had been received at the central applications facility, CAF, priority cut-off date on 7 September in respect of the 661 posts to be decentralised from my Department's Dublin offices and which are capable of being filled through the CAF. A total of 31 staff from my Department's Dublin offices have applied for decentralisation to the Department's proposed four locations in the south east — Wexford, Kilkenny, New Ross and Waterford. The grades and numbers involved are detailed in the following table. Some 139 staff of my Department have also applied for decentralisation to other Government Departments or agencies.

An implementation plan, which sets out the broad issues to be addressed in implementing the decentralisation programme for this Department, has been submitted to the DIG. My Department is in the process of drawing up a revised implementation plan dealing with issues arising in the context of the move to Wexford.

Number

Principal Officer

3

Assistant Principal Officer

3

Higher Executive Officer

4

Administrative Officer

3

Executive Officer

5

Staff Officer

1

Clerical Officer

5

Accountant

1

Inspector

3

Senior Meteorological Officer

1

Archaeologist

1

Assistant Fire Adviser

1

Total

31

Environmental Policy.

Pat Rabbitte

Ceist:

94 Mr. Rabbitte asked the Minister for the Environment, Heritage and Local Government the action he intends to take to ensure that Ireland meets its obligations to comply with EU law on environmental matters having regard to the announcement made by the Commission on 13 January 2005 that it has issued eight separate legal warnings over breaches of EU environmental law; and if he will make a statement on the matter. [11082/05]

Tom Hayes

Ceist:

105 Mr. Hayes asked the Minister for the Environment, Heritage and Local Government the situation regarding eight infringement procedures being taken against Ireland by the European Commission regarding non-implementation of environmental legislation; and if he will make a statement on the matter. [11039/05]

I propose to take Questions Nos. 94 and 105 together.

My Department maintains an intensive programme in relation to the transposition and implementation of EU environmental legislation. Some 200 pieces of EU environmental legislation, including more than 140 directives, have by now been transposed.

It is part of the role of the Commission to ensure that member states satisfactorily transpose EU legislation into their national laws and implement it effectively. To do this, the Commission raises issues in correspondence with member states and, if agreement is not reached on how to address the issue, may take a case to the European Court of Justice. My Department is in communication with the Commission on a range of issues at any given time and in addition meets regularly with Commission officials to identify how issues of alleged non-compliance can best be addressed. A high priority is given to addressing outstanding issues in consultation with the Commission and relevant stakeholders.

Correspondence from the Commission, which was the subject of their press release of 13 January last, is part of this ongoing process. Seven of the eight cases referred to are at the initial stages of the formal proceedings as set out in Article 226 of the Treaty. These cases refer to directives and regulations on waste, habitats, environmental impact assessment, urban waste water, protection of the ozone layer and emissions ceilings for certain atmospheric pollutants. The vast majority of issues are resolved without recourse to the court. However, the Commission's press release of 11 April 2005 indicates its intention to proceed to the court in the cases relating to waste and environmental impact assessment. In the eighth case, taken under Directive 91/676/EC on nitrates, the Commission has issued a letter under Article 228 of the treaty asking that the necessary measures be taken to comply with the judgment of the court. Communication with the Commission is ongoing in this case.

My Department, through the local authorities, the Environmental Protection Agency and the Office of Environmental Enforcement, continues to work towards maintaining a high level of environmental protection for Ireland.

Electronic Voting.

Willie Penrose

Ceist:

95 Mr. Penrose asked the Minister for the Environment, Heritage and Local Government the progress of his consideration of the First Report of the Commission on Electronic Voting which was published on 15 December 2004; the plans he has for the use of the electronic voting system; and if he will make a statement on the matter. [11077/05]

Bernard J. Durkan

Ceist:

275 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government if the electronic voting equipment can be adapted for other uses; and if he will make a statement on the matter. [11432/05]

I propose to take Questions Nos. 95 and 275 together.

I refer to the reply to Question No. 55 of 9 February 2005. I am giving full consideration to the views of the Commission as set out in its first report, and I will ensure that its analysis will inform and guide my Department's programme of further assessment, testing and validation of the system. I intend therefore that all of the Commission's recommendations for action should be appropriately addressed in the work ahead.

The timing of the further use of the system is dependent on the progress made with this programme of work and the dates on which future polls may be held. In these circumstances, the issue of alternative uses of the relevant equipment does not arise.

Environmental Policy.

Martin Ferris

Ceist:

96 Mr. Ferris asked the Minister for the Environment, Heritage and Local Government if he will update the House on the work being carried out by his Department in relation to North-South co-operation on environmental issues. [11117/05]

My Department, together with the relevant Northern Ireland authorities, is continuing to take forward enhanced North-South co-operation and joint action in a range of areas including the following: work is continuing on the co-ordinated implementation of the EU water framework directive and in particular in relation to the development of common approaches for the typology, monitoring and classification systems to facilitate the reporting and monitoring required for the cross-Border river basins shared with Northern Ireland; my Department, together with the Department of Environment, Northern Ireland, is responsible for implementing the environmental protection and management measure of the EU INTERREG III A North South Programme 2000-2006. So far, 20 cross-Border projects, costing some €24 million, have been approved for part-funding under the programme. Of particular note is an ongoing project, costing an estimated €7.45 million, the objective of which is to strengthen inter-regional capacity for environmental monitoring and management, improve public awareness and participation in water management issues and develop a number of river basin management strategies for cross-Border waters based on best practice in river basin management planning; the North-South market development steering group is continuing its work on the expansion of waste recycling on an all-island basis. Phase 1 of a jointly funded study intended to determine the feasibility of establishing a paper mill on the island of Ireland has recently been completed and is currently being examined; authorities North and South are working together with a view to stamping out illegal movements of waste; an all-island initiative for the recycling of domestic fridges and freezers commenced in February 2004. The initiative was developed by the Environment Departments North and South, in co-operation with local authorities on both sides of the Border. The scheme involves the collection and recycling of waste fridges and freezers and the destruction of ozone depleting substances. The scheme has proved popular with members of the public as local authorities must ensure free access to civic amenity sites for the receipt of fridges and freezers from householders in order to qualify for funding from the Environment Fund. A total of 32 local authorities and 26 district councils are participating in the scheme. In November 2004 it was declared the winner of the UK national recycling awards in the category of best partnership project for recycling. Since the scheme commenced over 122,000 fridges and fridge freezers have been collected for recycling; work is continuing on developing opportunities for information exchange and raising environmental awareness in areas of common interest. The work includes the production or revision of a range of environmental literature, shared use of exhibition material, staff exchange and attendances at network meetings to facilitate communication and sharing of best practice; the fire services cross-Border working group, which functions within the North South ministerial health sector, is continuing to promote cross-Border fire services co-operation. The group assisted the National Safety Council to organise participation by Northern Ireland Fire Brigade in the National Safety Council's fire safety week 2004 activities. This was the third year that this joint approach was taken. This initiative, first mooted at Fire Services Cross Border Working Group meetings, has been positively evaluated and it is intended that it will continue in 2005; my Department's national parks and wildlife service is involved in co-operation with the Environment and Heritage Service in Northern Ireland on the management of shared biodiversity resources, and specifically on developing a common approach to both threatened species and invasive alien species; and there is ongoing contact between my Department and the Department of Regional Development in the North for the purpose co-ordinating the implementation of the cross-Border aspects of the national spatial strategy and the regional development strategy for Northern Ireland.

Social and Affordable Housing.

Thomas P. Broughan

Ceist:

97 Mr. Broughan asked the Minister for the Environment, Heritage and Local Government further to Parliamentary Question No. 162 of 9 February 2005 regarding the 10,000 housing target under Sustaining Progress, the number of houses in respect of which planning permission has been granted in regard to each local authority area listed; the number of houses which have begun to be constructed, and the number of housing completions; and if he will make a statement on the matter. [11062/05]

Having arranged for the provision of land sufficient to support the target figure of 10,000 potential units under the affordable housing initiative, the priority now is to ensure the earliest possible delivery of these housing units. While some time is necessarily required between a decision to build housing units and their being finally occupied, my Department is working closely with local authorities to ensure the earliest possible delivery of housing units. Some projects have commenced construction, the Harcourt Terrace site is being piloted as an alternative means of speeding up delivery of units. In addition, activity under the Part V arrangements, the affordable units of which are an important contributor to the 10,000 target figure, is now gathering momentum.

The information requested in relation to each county-local authority area is set out in the following table.

Affordable Housing Initiative Including Part V Affordable Units Breakdown by county of the housing units

County/Local Authority Area

Planning Permission Granted

Under Construction

Completions

Total Potential Housing Units

Clare

10

10

22

Cork

1,280

Cork City

26

26

710

Cork County

76

24

12

570

Dublin

3,920

Dublin City

359

239

34

1,540

Dún Laoghaire-Rathdown

87

84

3

270

Fingal

813

525

288

730

South Dublin

252

228

24

1,380

Galway

939

Galway City

2

2

54

Galway County

20

15

5

885

Kerry

6

6

195

Kildare

48

38

10

700

Limerick City

50

Meath

37

26

11

450

Sligo

130

Waterford City

66

66

100

Wexford

60

Wicklow

63

50

13

50

Part V Affordable (other areas)

199

137

61

2,500

Total

2,064

1,476

462

10,396

Note

The potential yield from sites depends on site characteristics, housing mix, other facilities and sustainable development, that is, in terms of local development and in terms of meeting peoples' needs. The final number of units will therefore be determined through the planning process. In addition, greater activity under Part V may result in an increase to the projected total output. Completions are provisional pending receipt of final 2004 returns from local authorities.

Private Rented Accommodation.

Arthur Morgan

Ceist:

98 Mr. Morgan asked the Minister for the Environment, Heritage and Local Government if he will bring forward legislation in respect of the management of apartment complexes in the private sector including the community and voluntary sector. [11122/05]

I understand that apartment complex management companies are generally constituted as companies under the Companies Acts and required to comply with the provisions of company law, which is a matter for the Minister for Enterprise, Trade and Employment. The operation of such companies under their relevant memorandum and articles of association, including the employment of any property manager or management entity, is a matter for their members who are the owners of the properties in the developments to which they relate.

Arising from a commitment in An Agreed Programme for Government, a Law Reform Commission working group is examining the law in relation to management of apartment complexes and other multi-unit developments.

I understand that the Law Reform Commission has suggested to the company law review group certain modifications in the application of general company law requirements to management companies for multi-unit developments. These or any other proposals for legislative changes in this area arising from the Law Reform Commission Review would be a matter for consideration by the Government.

Waste Management.

Seymour Crawford

Ceist:

99 Mr. Crawford asked the Minister for the Environment, Heritage and Local Government his Department’s policy in relation to the reduction of clinical waste; the changes he intends to make; and if he will make a statement on the matter. [11046/05]

National policy in regard to the management of hazardous waste, including hazardous clinical waste, is set out in the EPA national hazardous waste management plan which covers the period 2001-2006. The plan addresses the prevention and minimisation of hazardous waste, the recovery of hazardous waste, the collection and movement of hazardous waste and the disposal of such hazardous waste as cannot be prevented or recovered.

Earlier last year, my predecessor launched an ambitious national waste prevention programme aimed at delivering significant improvements in waste prevention and minimisation across all waste streams. This programme is being led by a core prevention team within the agency which will have the task of developing the programme in consultation with other stakeholders. A national waste prevention committee was established to monitor the development of the programme and this committee has also taken over the co-ordination of actions to implement the national hazardous waste management plan.

Local Government Programme.

Jimmy Deenihan

Ceist:

100 Mr. Deenihan asked the Minister for the Environment, Heritage and Local Government if he is considering amending the Local Government Act 2001 to allow for towns with a population of less than 7,500 to have their own elected town councils; and if he will make a statement on the matter. [11028/05]

The Local Government Act 2001 was designed to modernise the legislative framework, support community involvement with local authorities in a more participative local democracy and underpin generally the programme of local government renewal, including the position of county and city councils as the primary units of local government. The Act takes account of the recommendations of the 1996 Report of the Reorganisation Commission Towards Cohesive Local Government — Town and County regarding improved accessibility, interaction and linkages for non-local authority towns within county council areas.

The reorganisation commission's report noted the existence, due to historical circumstance, of town local authorities in a number of small towns. However, the commission's report stated that the existence of town authorities in small towns is not in itself a premise on which to base a case for the creation of new authorities in all or any other towns of that size. The reorganisation commission's report recommended that only towns with a population of 7,500 or over be eligible for consideration for the creation of a new town council, having concluded that the widespread creation of new town authorities was neither warranted nor feasible. In line with this, section 185 of the 2001 Act provides, inter alia, that qualified electors of a town having a population of at least 7,500 as ascertained at the last preceding census or such other figure as the Minister may from time to time prescribe by regulations and not having a town council may make a proposal for the establishment of such a council.

National Spatial Strategy.

Seán Ryan

Ceist:

101 Mr. S. Ryan asked the Minister for the Environment, Heritage and Local Government the progress made to date with regard to implementation of the national spatial strategy; and if he will make a statement on the matter. [11084/05]

The Government has put a wide range of measures in place at national, regional and local levels to implement the national spatial strategy, NSS, and achieve its objectives over its 20 year timeframe.

The initial phases of NSS implementation focused on embedding the policy approach of the NSS within key Government Departments, their agencies and in regional and local authorities.

Significant milestones reached during this period included: the adoption by all regional authorities of regional planning guidelines, which set the strategic policy agenda for local authority development plans; substantial progress in national development plan capital investment programmes, endorsed by the NSS, to provide the critical catch-up infrastructure such as key road and rail links needed to support the achievement of more balanced regional development; the mid-term review of the national development plan, which signalled strongly the potential for further aligning NDP expenditure with the NSS planning framework, particularly in the environmental infrastructure and regional operational programmes; and planning implementation frameworks now put in place for the gateways of Cork, Galway, Limerick, Waterford and Sligo, with work on similar frameworks advancing in other areas.

The proposals announced for substantial investment in new suburban rail services in the Cork area represent a significant example of a direct response from the Government to the strategic planning policies that have been put in place at local level.

Other practical examples of implementation progress include the requirement in agreements between the Department of Finance and other relevant Departments on multi-annual capital envelopes that Departments demonstrate how investments are being prioritised to implement the NSS; account is currently being taken of the NSS and regional planning guidelines in the preparation of a ten year investment plan for transport. The draft Dublin city development plan proposes a substantial increase in housing output in Dublin city to reduce urban sprawl and long-distance commuting and thus achieve one on the key objectives of the NSS. In Sligo, a series of private sector hotel, leisure, retail and commercial development totalling around €200 million in value have commenced since its designation as a gateway. The completion there of the inner relief road will provide further support for Sligo's development as a gateway.

Key priorities in implementing the NSS over the next 12 months will include: putting in place a monitoring framework to report on progress in implementing the NSS, with a special emphasis on up-to-date regional population and housing projections that take account of the latest CSO national population estimates of up to 5 million people by 2020; advancing a detailed study, in conjunction with key Departments, the development agencies and relevant local authorities, of the potential of the NSS gateways for accelerated development in housing, commercial and employment terms, including the identification of the key infrastructure priorities necessary to facilitate such development; intensifying efforts in co-ordinating activities in the areas of housing, environmental and water services infrastructure provision and local roads programmes in my own Department to support the objectives of the NSS; and building on bilateral links between my Department and other Departments and agencies in order to effectively link their strategic and longer term planning of investment to the priorities identified in the NSS and in regional planning guidelines.

Social and Affordable Housing.

Seán Crowe

Ceist:

102 Mr. Crowe asked the Minister for the Environment, Heritage and Local Government if he has completed his consideration of the NESC report published in December 2004, and the other recent reports which have a bearing on the housing sector; if it is his intention to bring forward proposals resulting from his consideration of these reports; and if he will make a statement on the matter. [11125/05]

Thomas P. Broughan

Ceist:

106 Mr. Broughan asked the Minister for the Environment, Heritage and Local Government the progress made by the Government in its consideration of the recent NESC report on housing; and if he will make a statement on the matter. [11058/05]

Arthur Morgan

Ceist:

130 Mr. Morgan asked the Minister for the Environment, Heritage and Local Government if it is his intention to bring forward proposals to implement the recommendation in the recent NESC report on housing for the construction of the 73,000 units of social housing in net terms between 2005 and 2012. [11123/05]

I propose to take Questions Nos. 102, 106 and 130 together.

The Government is giving careful consideration to the findings of Report No. 112 of the National Economic and Social Council, Housing in Ireland: Performance and Policy, and other recent reports with a bearing on the issues arising.

The NESC report provides an important analysis of the Irish housing system and an agenda for the future development of policy. Importantly, the report recognises that the general thrust of existing policy is well directed. My Department is examining the issues raised in the report and is considering new measures that are desirable both in the short term and in the more medium term. These matters will be considered by Government shortly.

While this review of housing policies is timely, it will also be important to maintain a focus on delivery. The Government continues to support strong programmes of social and affordable housing, with investment of some €2 billion being made available for these purposes in 2005 to further increase the output of social and affordable housing. It is planned that the needs of in excess of 13,000 households will be met through various social and affordable housing measures in 2005. In addition, it is anticipated that a number of households currently in private rented accommodation will transfer to the new rental accommodation scheme now being introduced. These households will continue to be mainly accommodated within the private rented sector.

Five-year action plans developed by local authorities for social and affordable housing programmes will ensure that these resources are used to best effect to deliver the optimum level of quality housing in a manner which breaks cycles of disadvantage and dependency.

Local Authority Housing.

Phil Hogan

Ceist:

103 Mr. Hogan asked the Minister for the Environment, Heritage and Local Government the number of households and individuals waiting to be housed by each local authority; and if he will make a statement on the matter. [11013/05]

Seymour Crawford

Ceist:

151 Mr. Crawford asked the Minister for the Environment, Heritage and Local Government if his Department has prepared projections for the total numbers likely to seek local authority housing over the next ten years; and if he will make a statement on the matter. [11015/05]

Bernard J. Durkan

Ceist:

154 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government the number of local authority houses built and allocated by his Department through the various local authorities in each of the past three years, excluding housing provided by voluntary agencies or groups; the number of persons remaining on housing lists; when he expects, on the basis of the performance to date, to be in a position to meet the housing needs of all those remaining on local authority housing lists; and if he will make a statement on the matter. [11177/05]

I propose to take Questions Nos. 103, 151 and 154 together.

Statutory assessments of housing need are undertaken by local authorities every three years. The results of the last such assessment, which was undertaken by local authorities in March 2002, indicated that a total of 48,413 households were in need of housing. Detailed information on the results of the 2002 assessment was published in my Department's September 2002 quarterly edition of the Housing Statistics Bulletin, copies of which are available in the Oireachtas Library. The March 2005 statutory assessment of housing need has recently been undertaken by local authorities and they are now finalising the data from the assessment, which should be published in aggregated form later this year by my Department.

Total social housing provision for 2004, taking account of new local authority housing, vacancies arising in existing houses and output under other social housing measures, met the needs of nearly 13,000 households. In 2005, it is anticipated that the needs of in excess of 13,000 households will be met from the same measures. In addition, it is anticipated that a number of households currently in private rented accommodation will transfer to the new rental accommodation scheme now being introduced. These households will continue to be mainly accommodated within the private rented sector.

Question No. 104 answered with QuestionNo. 64.
Question No. 105 answered with QuestionNo. 94.
Question No. 106 answered with QuestionNo. 102.

Social and Affordable Housing.

John Perry

Ceist:

107 Mr. Perry asked the Minister for the Environment, Heritage and Local Government his views on the fact that only 809 affordable housing units were built in 2004, less than 1% of total housing output; and if he will make a statement on the matter. [11038/05]

While many housing units will also have been provided at affordable prices by the operation of the housing market around the country, some 2,000 units were provided through the various Government affordable housing schemes in 2004. I am satisfied, given current levels of activity on these schemes, that this figure will be exceeded in 2005.

Question No. 108 answered with QuestionNo. 71.

Waste Management.

Willie Penrose

Ceist:

109 Mr. Penrose asked the Minister for the Environment, Heritage and Local Government the reason the Government has not yet submitted to the EU Commission the three year report on implementation of the EC landfill directive, Council Directive 1999/31/EC of April 1999, which was due in July 2004; when the report will be submitted; and if he will make a statement on the matter. [11078/05]

Article 15 of Council Directive 1999/31/EC on the landfill of waste requires member states to send reports to the Commission at intervals of three years on the implementation of the directive. The report is being finalised by my Department and will be forwarded to the Commission within the coming days.

This directive also requires member states of the European Union to achieve specified targets for the reduction of biodegradable municipal waste consigned to landfill. Under article 5 of the directive, member states are required to prepare and oversee the implementation of a national strategy on biodegradable waste and to notify the European Commission of this strategy. Each national strategy should set out measures to progressively divert biodegradable municipal waste away from landfill in accordance with agreed targets over a 15-year period.

In April 2004, Ireland's first draft national strategy on biodegradable waste, which was published for public consultation, set out a range of integrated measures designed to facilitate the achievement of these ambitious diversion targets. A copy of the draft strategy was submitted to the Commission. It is envisaged that the national strategy on biodegradable waste will be finalised and notified to the Commission before the autumn.

Quigley Report.

Joan Burton

Ceist:

110 Ms Burton asked the Minister for the Environment, Heritage and Local Government the progress made with regard to implementation of the recommendation made in the recent report of Mr. Dermot Quigley that his Department should review and consolidate its internal advice on all aspects of procurement; and if he will make a statement on the matter. [11060/05]

Substantial progress has been made by my Department in implementing the recommendation regarding procurement contained in the Quigley report. Procurement guidelines and practices in the Department have been reviewed and a set of consolidated guidelines has been made available to all staff. Revised procedures have being put in place to strengthen monitoring and control of procurement and intensive briefing and refresher training is being arranged for all staff engaged in procurement. Reference material on procurement has also been published on to the Department's intranet and is readily available to all staff.

Additional resources are also being allocated to the Department's internal audit unit, and to its organisation unit which coordinates advice and monitoring in relation to the Department's procurement activities.

I am confident that these arrangements will enable my Department to achieve the improvement and consolidation of its procurement arrangements recommended by the Quigley report.

Nuclear Plants.

Jack Wall

Ceist:

111 Mr. Wall asked the Minister for the Environment, Heritage and Local Government the latest position regarding the international legal action taken by this country with a view to securing the closure of the Sellafield nuclear reprocessing plant; and if he will make a statement on the matter. [11089/05]

I refer to the reply to Question No. 149 of 9 February 2005. The position is unchanged.

House Prices.

Ciarán Cuffe

Ceist:

112 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government the action the Government has taken to implement the recommendations of the All Party Oireachtas Committee’s Ninth Progress Report on Building Land; and if he will make a statement on the matter. [11165/05]

Michael D. Higgins

Ceist:

140 Mr. M. Higgins asked the Minister for the Environment, Heritage and Local Government the action that has been taken or that he plans to take following the report of the All-Party Committee on the Constitution on the cost of building land; the specific measures that have been implemented arising from this report; and if he will make a statement on the matter. [11063/05]

I propose to take Questions Nos. 112 and 140 together.

The Government is giving careful consideration to the Ninth Progress Report of the All Party Oireachtas Committee on the Constitution, concerning private property, as well as Report No. 112 of the National, Economic and Social Council, Housing in Ireland: Performance and Policy, and a report by Goodbody Economic Consultants, within the context of its continuing commitment to meeting the broad range of housing needs. I intend shortly to bring proposals to Government in response to these reports.

End-of-Life Vehicles.

Seán Ryan

Ceist:

113 Mr. S. Ryan asked the Minister for the Environment, Heritage and Local Government the reason for the long delay in introducing regulations on end of life vehicles; the communications he has had with the EU Commission in regard to the proposed regulations; and if he will make a statement on the matter. [11083/05]

Enabling provisions to facilitate implementation of Directive 2000/53/EC on end of life vehicles, ELVs, were incorporated in the Protection of the Environment Act 2003. The delay in transposing and implementing the directive principally reflects difficulties in reaching agreement with the relevant sectors on the detailed mechanisms for the operation of the take-back arrangements required by the directive, including how such arrangements will be funded.

My Department has had correspondence and discussions with the European Commission in relation to various aspects on the transposition and implementation of the directive in Ireland. Legal proceedings were initiated against Ireland by the European Commission on the grounds that the directive was only partially transposed as the regulations on the detailed arrangements for implementation of the directive in Ireland had not been made. On 28 October 2004, the European Court of Justice made a judgment in this case and found that Ireland had failed to fulfil its obligations in relation to the full transposition of Directive 2000/53/EC on end of life vehicles.

I have had discussions with relevant sectors with a view to developing an effective and pragmatic approach to implement the directive in Ireland and I hope to announce my proposals shortly. I intend to make regulations later this year fully to transpose the directive's provisions and facilitate its implementation as soon as is possible.

Waste Disposal.

Brian O'Shea

Ceist:

114 Mr. O’Shea asked the Minister for the Environment, Heritage and Local Government if he will confirm that recent figures from the EPA show that builders are generating twice as much waste as had previously been estimated; the implications of this for waste disposal policy; and if he will make a statement on the matter. [11074/05]

The preparation and publication of national waste statistics is a matter for the Environmental Protection Agency, EPA, and these statistics are published at three-yearly intervals by the agency. The most recent National Waste Database Report in respect of 2001 was published by the agency in 2003. I understand that the agency is currently compiling the database for 2004 which will include data in relation to the construction and demolition waste stream and will be finalised by end 2005.

In light of the significance of construction and demolition waste, the Government's policy statement, Changing Our Ways, September 1998, which provided a national policy framework for the adoption and implementation by local authorities of strategic waste management plans under which specific national objectives and targets would be achieved, set out specific targets for the recycling of construction and demolition waste of at least 50% of construction and demolition waste by end 2003 rising progressively to at least 85% by end 2013.

A national construction and demolition waste council was established by the construction industry in June 2002 as a voluntary producer responsibility initiative to facilitate the achievement of the national construction and demolition waste recycling targets. The council has recently launched its voluntary construction industry initiative which involves all key participants in the construction industry committing to a series of specific actions, which have the overall objective of increasing recycling rates for construction and demolition waste. The initiative aims to concentrate on the major waste fractions in the early years and establish the most suitable practices for Ireland through practical experience. It is envisaged that further steps will be initiated at a later stage to focus on the remaining elements of construction and demolition waste.

In tandem with the launch of the voluntary construction industry initiative, my Department announced new draft best practice guidelines on the preparation of waste management plans for construction and demolition projects for public consultation. The aim of the draft guidelines is to promote an integrated approach to construction and demolition waste management, throughout the duration of a project and to ensure the projects are designed to promote sustainable development, environmental protection and optimum use of resources. The guidelines introduce the concept of on-site construction and demolition waste management plans which would apply to projects above certain specified thresholds. It is my intention to finalise the draft guidelines shortly following a comprehensive evaluation of the submissions received from the public consultation. The finalised guidelines will be submitted to the national construction and demolition waste council for their formal endorsement.

Waste Management.

Pat Breen

Ceist:

115 Mr. P. Breen asked the Minister for the Environment, Heritage and Local Government if he will support the setting up of waste minimisation clubs to reduce waste; and if he will make a statement on the matter. [11047/05]

The small change programme for businesses was published in 2004, following consultation with key stakeholders which included IBEC, Repak, local authorities, Chamber of Commerce of Ireland, Enterprise Ireland and the Irish Waste Management Association. The programme forms part of the race against waste campaign which is funded by my Department.

The programme provides information and support to businesses on waste minimisation and recycling. It consists of a printed guide, an information service, a website, www.raceagainstwaste.ie, and seminars, generally hosted in partnership with the chambers of commerce. Between February 2004 and June 2005 over 30 such seminars will have taken place throughout Ireland. The seminars are well attended and provide practical help and advice directly to businesses on how best to minimise and recycle waste.

The small change programme encourages the setting up of waste clubs by smaller organisations in order to improve their waste management systems and negotiate better terms and services from local waste contractors. Race Against Waste, working with local chambers of commerce, has helped set up a number of waste minimisation clubs which have now been operating for almost a year. The experience gained will inform the drafting of guidelines, to be launched later in the year, to help establish and maintain additional waste minimisation clubs.

Liam Twomey

Ceist:

116 Dr. Twomey asked the Minister for the Environment, Heritage and Local Government the new initiatives he intends to take to encourage recycling; and if he will make a statement on the matter. [11044/05]

An effective basis for addressing our waste management responsibilities has been put in place through my Department's policy statements Changing Our Ways, September 1998, Delivering Change, March 2002, and Taking Stock and Moving Forward, April 2004, statutory waste management plans, largely prepared on a regional basis, and the comprehensive regulatory framework now in place under the Waste Management Acts 1996 to 2003.

The Government's approach is based on the internationally recognised hierarchy of waste management options which prioritises respectively waste prevention and minimisation, reuse, recycling and biological treatment, energy recovery and, finally, utilising landfill as the last resort for residual waste that cannot otherwise be recovered.

A range of measures designed to promote recycling are already in place and the available data shows that these are having a significant impact. These measures include the progressive roll-out of segregated household collection of dry recyclables, or kerbside green bin collection services, to over 560,000 households, or some 42% of all households in the State; the number of bring banks has doubled since 1998 and now stands at circa 1,700 and more are being provided on an ongoing basis; the number of civic amenity sites has nearly doubled, approximately 60 are currently in place and further recycling centres are at earlier stages of development; the mandatory obligation under the Waste Management (Packaging) Regulations 2003 on those placing packaging on the market to segregate specified packaging waste, for example, aluminium, fibreboard, glass, paper, plastic sheeting, steel and wood, arising on their premises and have it collected by authorised operators for recycling. It is widely accepted that this measure has contributed to a significant increase in the recycling rates for these materials in the commercial sector; the successful producer responsibility initiatives for packaging waste, farm plastics and construction and demolition wastes will be extended to other areas such as tyres, newsprint, end of life vehicles and electrical and electronic equipment; the development of markets for recyclable materials is to be taken forward under the aegis of a market development group which was established in July 2004; biodegradable municipal waste is now to be targeted for major improvements in recycling, and a national strategy on biodegradable waste to guide the efforts in this area will be finalised later this year; and the changeover to pay-by-use waste charging systems which commenced in January last will enable householders to reduce their waste charges by increasing their recycling rates thereby minimising the need for waste to be collected for disposal.

Significant progress has been made in raising recycling levels in Ireland in recent years. The latest figures available on municipal waste generation, recovery and disposal are contained in the National Waste Database Interim Report for 2003, published by the Environmental Protection Agency in December 2004, which reported that the recycling rate in the municipal waste stream has advanced to 28.4% in 2003, up from 20.7% in 2002. I envisage that further improvements in our recycling efforts will continue to be made as a result of the ongoing implementation of the local and regional waste management plans.

Social and Affordable Housing.

Caoimhghín Ó Caoláin

Ceist:

117 Caoimhghín Ó Caoláin asked the Minister for the Environment, Heritage and Local Government his views on the finding in the NESC report on housing that up to one-third of all new households formed in the period 2001-2006 will fall below the affordability threshold. [11119/05]

The estimate mentioned in the question, while referred to in the NESC report, does not arise from NESC but from a team of researchers assembled by four non-governmental organisations to study the first round of housing strategies prepared by local authorities. This study, entitled An Analysis of Housing Strategies and Homeless Action Plans, 2002, did estimate that approximately one-third of new households to be formed in the State between 2001 and 2005 would fall below affordability thresholds. However, the researchers also expressed some concerns, which are reiterated by NESC, about the accuracy of the calculations as they found wide variation in estimates of affordability across the different housing strategies, and reckoned that some over-estimation had occurred.

NESC suggested that the methodology in the housing strategies for estimating affordability problems and experience in using them will improve as authorities review and update their strategies. These strategies are an important tool in assessing overall housing demand. They inform decisions on the requirements for zoned and serviced land within development plans. The issue of those falling below affordable housing thresholds, has implications for local authorities' social and affordable housing programmes and the assessment of the contribution required from developers under part V of the Planning and Development Acts 2000-2004. In developing this approach, account has to be taken of the likely level of housing at affordable levels to be produced by the private market within the area of the plan.

Five-year action plans for social and affordable housing programmes have been developed by local authorities, at the request of my Department, in order to ensure that available resources are used to best effect in responding to the broad range of housing needs. Investment in housing in 2005 will be €2 billion, about double the level of spending in 2000. This will further increase the output of social and affordable housing. It is anticipated that the needs of in excess of 13,000 households will be met through various social and affordable housing measures in 2005. In addition, it is anticipated that a number of households currently in private rented accommodation will transfer to the new rental accommodation scheme now being introduced. These households will continue to be mainly accommodated within the private rented sector.

The Government is giving careful consideration to the broad range of issues raised by NESC and will consider whatever changes are required to better focus our efforts.

Environmental Policy.

Denis Naughten

Ceist:

118 Mr. Naughten asked the Minister for the Environment, Heritage and Local Government the action his Department is taking to meet the EU target of halting biodiversity loss by 2010; and if he will make a statement on the matter. [11052/05]

The national biodiversity plan, which was adopted by Government and published in April 2002, sets out the framework necessary to provide for the conservation and sustainable use of biodiversity in Ireland over an initial five-year period. The plan details 91 actions aimed at halting biodiversity loss in Ireland. My Department has overall responsibility for its implementation.

The plan was developed having regard to the UN convention on biological diversity, to which Ireland has been a contracting party since 1996. The main target of that convention, as elaborated at its Sixth Conference of the Parties and subsequently endorsed by the World Summit on Sustainable Development in 2002, is to secure a significant reduction in the current rate of biodiversity loss by 2010. Critically, the plan was also developed having regard to the European Community biodiversity strategy and its four strategic action plans. Since the EU Gothenburg Summit in 2001, the EU has set a more ambitious target of halting the decline in biodiversity by 2010.

Key structures have been put in place in order to oversee and assist in the implementation of the national biodiversity plan in Ireland. An inter-departmental committee was set up and is currently being revitalised to drive forward the implementation of the plan. A national biodiversity research platform has been established which is assisting in prioritising the national biodiversity research agenda, as has a biodiversity forum to ensure involvement of all stakeholders in the implementation process. Moreover, arrangements are in progress for the establishment of a national biological records centre under the aegis of the Heritage Council.

A key concept of the national biodiversity plan is the recognition of the importance of sectoral integration of biodiversity conservation. The plan makes it clear that the entire community, and not just Government Departments, local authorities and agencies, all share responsibility for halting biodiversity loss.

My Department is currently completing a review of progress in relation to all 91 actions under the national biodiversity plan, with the assistance of a separate comprehensive analysis which has been submitted to me, at my request, by a sub-group of Comhar, the National Sustainable Development Partnership. I expect to be in a position to submit this review to Government soon, after which it will be available to the Houses of the Oireachtas and to the public.

The most significant action which my Department has taken to assist in implementing the EU target has been the ongoing process of designation of special areas of conservation, SACs, and special protection areas, SPAs, for birds, which are areas of internationally significant scientific importance, as well as natural heritage areas, NHAs, which are areas of nationally significant scientific importance. To date, some 11.5% of the terrestrial area of the State has been or is proposed for designation under this process.

The plan also identifies the all-Ireland context as being of major importance. To this end, my Department works in co-operation with the Environment and Heritage Service in Northern Ireland on the management of shared biodiversity resources and, specifically, on developing a common approach to both threatened species and invasive alien species.

Moreover, personnel from the national parks and wildlife service of my Department engage actively at international and EU levels in the development of policies and initiatives aimed at combating biodiversity loss and meeting the 2010 target. In this regard, a major EU stakeholders' conference was held in May last year in Malahide, County Dublin, under our EU Presidency. Some 250 delegates and stakeholders from 25 member states and other European countries assembled to facilitate the completion of the review and audit of the EU biodiversity strategy. The very detailed message from Malahide, which was adopted at this conference, was an important step in allowing the European Commission to move towards drafting a communication on future EU priorities for biodiversity conservation and for meeting the 2010 target. It is expected that this process will be completed later this year.

Waste Management.

Ciarán Cuffe

Ceist:

119 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government the reason for delays in the implementation of the regional waste management plans; the action he intends to take in regard to speeding up the implementation of same; and if he will make a statement on the matter. [11164/05]

My Department's national overview of waste management plans, July 2004, identified significant progress in many areas in regard to the implementation of waste management plans by the relevant local authorities. However, it is acknowledged that further progress is also necessary if we are to achieve the objective of developing a fully integrated approach to waste management.

The local authorities concerned are now engaged in reviewing and updating the existing plans. I would hope that the adoption by local authorities of the revised plans will place a renewed focus on implementation. In support of this, the authorities will be required to identify in their plans the key actions to be delivered each year and to prepare an annual progress report.

I am satisfied that implementation of waste management plans, which incorporate ambitious targets, is moving in the right direction as is evidenced by the latest EPA waste statistics, published in its 2003 interim report, which confirm the recent and rapid improvements in Ireland's recycling performance.

Road Network.

David Stanton

Ceist:

120 Mr. Stanton asked the Minister for the Environment, Heritage and Local Government the funding that has been made available to enable a northern bypass non-national road to be constructed in Midleton; the further funding required to complete the bypass; his plans to make other such funding available; and if he will make a statement on the matter. [9539/05]

My Department approved grant assistance of €1,333,225 towards the cost of the Midleton northern relief road under the strategic non-national roads grants scheme in recent years. Details of payments to date and the allocation for 2005 are set out in the following table:

Year

Payment

2002

36,794

2003

3,162

2004

19,360

2005

50,000 (allocation)

Further grants up to the approved limit will be allocated as the schemes progresses.

Question No. 121 answered with QuestionNo. 73.
Question No. 122 answered with QuestionNo. 86.

Environmental Policy.

Olivia Mitchell

Ceist:

123 Ms O. Mitchell asked the Minister for the Environment, Heritage and Local Government the changes made to the revised action plan on the nitrates directive due to be submitted to the European Commission; and if he will make a statement on the matter. [11055/05]

On 22 December 2004, the European Commission indicated, by letter of formal notice under Article 228 of the treaty, that the nitrates action programme submitted by Ireland on 22 October last did not comply with the requirements of the nitrates directive or the judgment issued against Ireland by the European Court of Justice on 11 March 2004. The Commission view is that the programme is inadequate and incomplete and needs to be strengthened in several respects.

Following consideration of the issues involved by Government a substantive response will be sent to the European Commission shortly.

Nuclear Plants.

Paul Nicholas Gogarty

Ceist:

124 Mr. Gogarty asked the Minister for the Environment, Heritage and Local Government the action which has been taken by him since assuming office in putting pressure on the UK Government to close the Wylfa nuclear plant on Anglesey Island in Wales; and if he will make a statement on the matter. [11168/05]

Since my appointment as Minister, I have availed of every opportunity to articulate and convey to the UK authorities at diplomatic and ministerial level the Government's continuing concerns regarding nuclear safety. These include our concerns about old Magnox reactors, such as those at the Wylfa nuclear power plant; we have consistently called for the early closure of these reactors. Those at Calder Hall and Chapel Cross have recently closed while the Wylfa plant, where safety concerns are less acute, is due to be decommissioned in 2010.

Ireland has also responded to various UK public consultation processes concerning the regulation of the UK nuclear industry covering such matters as the management of radioactive waste in the UK; a review of UK energy policy; and the UK strategy for discharges from nuclear installations. The Government has repeatedly contended in these responses that the risks and unresolved problems associated with the nuclear energy industry, when added to high research and capital costs, including decommissioning costs, as well as continued additional safety and security costs, mean that nuclear energy is not sustainable.

Planning Issues.

Dinny McGinley

Ceist:

125 Mr. McGinley asked the Minister for the Environment, Heritage and Local Government if he has been in contact with the Department of Transport regarding the placing of mobile phone transmitters in DART stations owned by CIE; his views on whether these transmitters should be subject to planning permission; and if he will make a statement on the matter. [11021/05]

There has been no contact between my Department and the Department of Transport regarding the matter raised in the question.

In July 1996 my Department issued guidelines for planning authorities on telecommunications antennae and support structures. The purpose of those guidelines was to assist planning authorities, An Bord Pleanála, operators of mobile telecommunications services and the general public by providing guidance on dealing with telecommunications masts and base stations within the planning system. The guidelines advise that, in order to avoid unnecessary proliferation of masts, owners, that is, those controlling access to support structures and masts, would be expected facilitate co-location of antennae with other operators.

The exempted development regulations provide for the attachment, subject to conditions, of additional antennae to an existing antennae support structure and to existing public or commercial buildings other than education facilities, child care facilities or hospitals. The decision as to whether a particular development is exempt or requires planning permission is a matter for the planning authority or An Bord Pleanála, on appeal. Section 30 of the Planning and Development Act 2000 precludes the Minister for the Environment, Heritage and Local Government from exercising power or control in relation to any particular case with which a planning authority or An Bord Pleanála may be concerned.

Litter Pollution.

Tom Hayes

Ceist:

126 Mr. Hayes asked the Minister for the Environment, Heritage and Local Government the reason he decided against a ban on ATM receipts; and if he will make a statement on the matter. [11036/05]

Following the success of the environmental levy on plastic bags, which was introduced in March 2002 and has resulted in a reduction in the dispensing of plastic shopping bags at retail outlets by over 90%, An Agreed Programme for Government contained a commitment to consider the extension of the levy on plastic bags to other materials which may be problematic from a waste management and-or litter perspective. The litter monitoring body, which is co-ordinated by my Department, has published two reports to date in respect of the years 2002 and 2003 which provide valuable statistical data in relation to litter pollution in Ireland. In the light of the first litter monitoring body report published in July 2003, in respect of the year 2002, my predecessor announced his intention to tackle the issue of litter caused by chewing gum, fast food packaging and automated teller machine, ATM, receipts, which were identified as significant elements of litter pollution.

A consultancy study was subsequently commissioned in September 2003 to carry out an analysis and recommend appropriate economic instruments, including environmental levies, that might be implemented as a means to tackle the litter problems caused by these items. The consultancy report was released for public consultation on 23 September 2004 and, with specific regard to ATM receipts, recommended that rather than apply a levy, a negotiated agreement between my Department and the industry should be developed. The consultants recommended that this should involve the introduction of a standardised protocol by the banks and the adoption of improved litter controls at all outlets.

The negotiated approach would involve the establishment of specific targets and measures for litter reduction and may also require the banks to alter ATM programmes to require customers to confirm their request for ATM receipts. This confirmation should include advice on litter prevention. The consultancy study further recommended that failure of a negotiated agreement to meet agreed targets should, in the case of ATM receipts, result in the application of mandatory environmental levies to meet the clean-up costs associated with such litter, a 1 cent levy per ATM receipt generated, with a potential yield of circa €400,000 per annum, was proposed by the consultants.

On foot of a comprehensive examination of the various submissions made as part of the consultation process and having considered the recommendations of the consultancy report, I recently announced my decision to commence a process of negotiating agreements with the banking sector, fast food industry and chewing gum manufacturers. I am of the view that this approach will give all three sectors an important opportunity to propose positive and meaningful measures to minimise the impact of the items they produce in causing nuisance litter. In accordance with the consultants' recommendations, the application of mandatory levies will be back on my agenda, if any sector fails to propose effective measures, which will include an appropriate level of funding, to address the problems caused within an agreed timeframe.

Archaeological Sites.

Jimmy Deenihan

Ceist:

127 Mr. Deenihan asked the Minister for the Environment, Heritage and Local Government his views on the views expressed by the director of the National Museum regarding the proposed M3’s route through the Tara/Skryne Valley; and if he will make a statement on the matter. [11027/05]

I refer to the reply to Question No. 57 on today's Order Paper.

Question No. 128 answered with QuestionNo. 79.

Building Regulations.

Trevor Sargent

Ceist:

129 Mr. Sargent asked the Minister for the Environment, Heritage and Local Government his views on whether most new apartment developments comply with Part M of the building regulations; and if he will make a statement on the matter. [11174/05]

Half-yearly statistics on enforcement of the building regulations, furnished by local building control authorities to my Department, do not give a breakdown by building type or for each of the 12 parts, A to M, of the regulations.

On the general issue of compliance with part M, I refer to the reply to Question No. 1080 of 12 April 2005.

Question No. 130 answered with QuestionNo. 102.

Elections Management System.

Ruairí Quinn

Ceist:

131 Mr. Quinn asked the Minister for the Environment, Heritage and Local Government the total amount of public money spent to date on the storage of electronic voting equipment; if he is satisfied that appropriate guidelines are in place governing the allocation of contracts for the storage of such equipment; and if he will make a statement on the matter. [11079/05]

Information provided by returning officers to my Department indicates that the total annual storage cost of the electronic voting and ancillary equipment is some €658,000. Actual claims by returning officers are being processed by the Department of Finance for payment from the central fund. I am satisfied that the guidelines provided to returning officers in relation to the storage of electronic voting equipment were appropriate in the context of their statutory responsibility for running elections and referenda and their long-standing jurisdiction in such matters in their respective constituencies.

Dan Neville

Ceist:

132 Mr. Neville asked the Minister for the Environment, Heritage and Local Government his views on the granting of an award to supply ancillary equipment for electronic voting to a person (details supplied); and if he will make a statement on the matter. [11031/05]

The Office of Public Works conducted a number of open tender competitions for the supply of ancillary equipment for the electronic voting and counting system, including the contract referred to in the question, which was for the supply of voting machine transport trolleys. The contract was awarded to the lowest bidder.

Private Rented Accommodation.

Kathleen Lynch

Ceist:

133 Ms Lynch asked the Minister for the Environment, Heritage and Local Government the number of landlords who had registered with the Private Residential Tenancies Board by the deadline of 1 December 2004; the number registered at the latest date for which figures are available; the way in which this compares with estimates of the number of landlords in the country; if there is a three month backlog for landlords wishing to register; and if he will make a statement on the matter. [11068/05]

The Private Residential Tenancies Board is an independent statutory body established by the Residential Tenancies Act 2004 and has statutory responsibility for the implementation of Part 7 of the Act dealing with the registration of tenancies. Requests for information relating to the matters raised in the question may appropriately be directed to the board at Canal House, Canal Road, Ranelagh, Dublin 6.

Local Authority Housing.

John Perry

Ceist:

134 Mr. Perry asked the Minister for the Environment, Heritage and Local Government his views on whether the private sector has a role in the provision of local authority housing over the next ten years; and if he will make a statement on the matter. [11016/05]

It is appropriate that the private sector should play a considerable role in the provision of social and affordable housing. Under Part V of the Planning and Development Acts 2000-02, private developers provide dwellings to local authorities for letting to households on their waiting lists. It is anticipated that in 2005 local authorities will acquire some 600 social housing units from private developers in this manner; this will be supplemented by affordable housing units provided under the same arrangements.

Private developers are also providing housing units to local authorities by way of turnkey developments under the local authority housing construction acquisition programme. It is expected that in 2005 some 500 units will be provided by way of turnkey developments.

In addition, my Department is actively promoting a number of public private partnership projects. The regeneration of Fatima Mansions by Dublin City Council, which is being undertaken as a PPP project, has already commenced construction. The city council is also developing PPP projects for the regeneration of the O'Devaney Gardens St. Bricin's area and St. Michael's Estate. The introduction of the new rental accommodation scheme will also extend the opportunities for private sector property owners to contribute to meeting the long-term housing needs of households currently in receipt of rent supplement payments.

Question No. 135 answered with QuestionNo. 79.

Recycling Policy.

Richard Bruton

Ceist:

136 Mr. Bruton asked the Minister for the Environment, Heritage and Local Government his views on whether the opening hours of recycling centres are suitable for modern lifestyles and if more late night and weekend opening would be appropriate; and if he will make a statement on the matter. [11054/05]

The opening hours of local authority recycling facilities are an operational matter for those authorities. My Department is not involved in determining the operating conditions of such facilities, nor does it have detailed information on their opening hours. In the context of providing assistance towards the operating costs of recycling facilities, my Department encourages local authorities to consider the requirements of their customers and to ensure that, within available resources, they provide as flexible a service as possible at these facilities.

Waste Disposal.

Fergus O'Dowd

Ceist:

137 Mr. O’Dowd asked the Minister for the Environment, Heritage and Local Government his views on the continued deposition of untreated waste into landfill; and if he will make a statement on the matter. [11149/05]

All landfills are now required to be licensed by the Environmental Protection Agency, and the types of waste which may be deposited in a landfill are determined by that licence. I am satisfied that in discharging its responsibilities, the agency operates to best international practice, including the need to comply with the requirements of the EU landfill directive.

Social and Affordable Housing.

Aengus Ó Snodaigh

Ceist:

138 Aengus Ó Snodaigh asked the Minister for the Environment, Heritage and Local Government if he has examined and is satisfied with each of the five year action plans for social and affordable housing which have been developed by local authorities in the State; and if he will make a statement on the matter. [11121/05]

Action plans for local authority social and affordable housing measures for the period 2004-08 have been prepared by local authorities in consultation with my Department to provide a co-ordinated approach to all local authority housing measures in a strategic manner. The plans have been prepared on a county wide basis to incorporate town councils and separate plans have been prepared in respect of the five city councils. The current position is that the Department has indicated its broad approval and support in respect of 29 action plans. A further seven plans are being examined with a view to early agreement.

Ministerial Responsibilities.

Olwyn Enright

Ceist:

139 Ms Enright asked the Minister for the Environment, Heritage and Local Government his views on whether the abolition of Dúchas and the adoption of its duties by his Department have been a success; and if he will make a statement on the matter. [11029/05]

Dúchas was the title and brand name used by that division of the former Department of Arts, Heritage, Gaeltacht and the Islands which had responsibility for the State's built and natural heritage functions. Following changes in the functions of Government Departments in June 2002, my Department consulted with relevant stakeholders and examined arrangements for the discharge of the heritage function in other administrations to assist in identifying the most appropriate organisational arrangements for these functions in Ireland. In the light of the outcome of this process as set out in the report of the review of organisational arrangements in relation to the built and natural environment, the Government in April 2003 finalised arrangements in relation to heritage administration. My Department was given responsibility for policy and legislation in respect of the built heritage and for both policy, legislation and operational matters relating to the natural heritage. The Office of Public Works was assigned responsibility for operational and management functions in relation to the built heritage. The Dúchas brand was discontinued and my Department was re-titled as the Department of the Environment, Heritage and Local Government.

These organisational arrangements were designed to achieve the optimum use of the organisational resources available to the Government. They build on my Department's strengths in terms of experience of regulation and policy development, particularly in the environmental area, and the strong tradition of the Office of Public Works in the areas of conservation and property management of the State's property portfolio. The new arrangements have also created better integration and synergy between nature conservation and environmental protection policies and resources; and between arrangements for built heritage conservation and spatial planning. The relevant divisions in my Department have been reorganised on this basis. My Department is fully engaged with its new responsibilities in relation to heritage and I am confident that its commitment in this regard will be maintained.

Question No. 140 answered with QuestionNo. 112.

Recycling Policy.

David Stanton

Ceist:

141 Mr. Stanton asked the Minister for the Environment, Heritage and Local Government if he will establish a national recycling market centre to expand and develop more secure long-term markets for recyclables; and if he will make a statement on the matter. [11048/05]

One of the main barriers to improving and sustaining recycling performance is the lack of stable and economically attractive markets and outlets for recyclable materials and products manufactured from recycled products. The need for the establishment of a market development group, which would oversee the development of a market development programme, was outlined in the delivering change policy statement and the agreed programme for Government.

The market development group, established in July 2004, has an independent chairperson and comprises representatives from the Environmental Protection Agency, EPA, Enterprise Ireland, the National Standards Authority of Ireland, the Irish Business and Employers Federation, IBEC, the Irish Waste Management Association, the Small Firms Association, the Irish Small and Medium Enterprises Association, ISME, the City and County Managers' Association, the Clean Technology Centre, the Department of Enterprise, Trade and Employment and the Department of the Environment, Heritage and Local Government.

The programme, which the group is undertaking, will identify new applications and markets for recyclable material and secondary recycled products. The group has been asked to identify barriers to the use and marketing of recyclable material and to develop strategies to address these. The group will also play a key role in expanding North South co-operation on market development issues. The group intends to finalise a market development programme later this year.

Local Authority Housing.

Paul Connaughton

Ceist:

142 Mr. Connaughton asked the Minister for the Environment, Heritage and Local Government if he has investigated the case of a €20 million housing scheme in Finglas, Dublin, that was not advertised in the EU Journal; and if he will make a statement on the matter. [11025/05]

My Department is not involved in the financing or supervision of this scheme which, I understand, is being undertaken by the approved voluntary housing association under an agreement with Dublin City Council. Information relating to the procurement, management or progress of the scheme may appropriately be sought from Dublin City Council.

Environmental Policy.

Paul Kehoe

Ceist:

143 Mr. Kehoe asked the Minister for the Environment, Heritage and Local Government if his Department is involved in the policing of the plastic bag levy; if he has received reports of consumers not being charged 15 cent per bag; and if he will make a statement on the matter. [11042/05]

The Waste Management (Environmental Levy) (Plastic Bag) Regulations 2001 designate the Revenue Commissioners as the responsible authority for enforcing the collection of the plastic shopping bag levy. In addition, the regulations impose a supplementary requirement on retailers to pass on the full amount of the levy to customers, and this regulatory provision is being enforced by local authorities. The relevant enforcement officers have extensive powers to enter any retail premises, conduct any searches or investigations considered necessary and inspect or remove any records, books and documents for the purposes of any proceedings in relation to the levy.

My Department has had few complaints about non-compliance. However, I recognise the need to ensure that the efforts and commitment of the vast majority of retailers are not undermined by the non-compliance of a few. My Department wrote to local authorities in regard to the regulations and also met representatives of all local authorities to discuss enforcement and other aspects of the levy, prior to its introduction.

My Department subsequently issued a further detailed circular on enforcement to local authorities and also met local authority enforcement officers asking them to pay particular attention to the identification and follow up of any non-compliance with the law. All complaints received in my Department concerning non-compliance are forwarded to the relevant local authority and the Revenue Commissioners. The operation of the levy is also subject to the normal Revenue Commissioners auditing arrangements.

Consultancy Contracts.

Pádraic McCormack

Ceist:

144 Mr. McCormack asked the Minister for the Environment, Heritage and Local Government the cost of all work carried out for his Department by a person and company (details supplied); and if he will make a statement on the matter. [11026/05]

My Department has paid fees for professional services totalling €321,625 including VAT to this company.

Waste Management.

Jim O'Keeffe

Ceist:

145 Mr. J. O’Keeffe asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the lack of adequate recycling facilities and if he has proposals in this regard. [11115/05]

Michael Noonan

Ceist:

150 Mr. Noonan asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to an increase in illegal dumping since the introduction of waste charges; and if he will make a statement on the matter. [11030/05]

I propose to take Questions Nos. 145 and 150 together.

The determination of waste management charges is statutorily a matter for the relevant local authority in cases where it acts as the service provider. Where, as commonly occurs, a private operator acts as service provider then that operator will determine the charges. My Department has no function in relation to the setting of these charges.

It is Government policy that household waste collection services should be charged on the basis of usage to ensure a more complete application of the polluter pays principle. In accordance with that policy, as a matter of equity and in order to incentivise recycling, the pay-by-use method of waste charging was introduced nationally from January 2005. My Department is monitoring the operation of the various pay-by-use systems to ensure that public policy in this regard is being complied with.

I am aware of the possibility that increased waste management charges could encourage greater resort to illegal waste dumping. In relation to any such activity, whether prior or subsequent to the introduction of the pay-by-use system, the enforcement of the waste code is a matter for each individual local authority and the Office of Environmental Enforcement.

Very significant powers are available to local authorities under the Waste Management Act 1996 and the Litter Pollution Act 1997 to enable them to tackle illegal waste activity and littering and these powers were further strengthened by the Protection of the Environment Act 2003. Maximum penalties attaching to illegal waste activities were substantially increased in the 2003 Act.

To further assist local authorities in acting on these powers, over €7 million has been allocated from the environment fund to support a more vigorous approach to environmental enforcement, with a particular emphasis on combating dumping and other unauthorised waste activities. This is now being reflected in the presence of additional enforcement personnel on the ground. It is essential that there should be adequate powers and resources available to deal with those who would illegally dispose of their waste.

In relation to the delivery of recycling and recovery infrastructure, since 2002 over €50 million has been allocated nationally from the environment fund in capital grant assistance towards the provision of waste recycling and recovery facilities by local authorities. Recent reports from local authorities indicate that there is a total of approximately 1,800 bring banks, where varying materials are accepted, particularly glass, aluminium cans, paper and textiles. Reports also indicate that there are just under 60 civic amenity sites in operation nationwide. I expect to announce a further significant tranche of capital grants towards the provision of waste recycling and recovery infrastructure in the coming weeks.

Departmental Programmes.

Gay Mitchell

Ceist:

146 Mr. G. Mitchell asked the Minister for the Environment, Heritage and Local Government his views on the success of the PPP projects for which his Department has responsibility; and if he will make a statement on the matter. [11056/05]

More than 100 PPP projects, with an estimated total capital cost of €2.1 billion, have been completed or are at various stages of progress in the local government sector. Dublin Bay wastewater and Cork, Limerick and Wexford main drainage projects are among the major projects which have been completed. Projects under way include a large number of water and wastewater projects which are being provided with funding from my Department on the basis of design, build and operate contracts; five waste sector projects where private finance will fund the capital cost of the infrastructure; two housing sector projects at Fatima Mansions and O'Devaney Gardens, Dublin where the private sector is delivering social and affordable housing in return for development rights on the remainder of these sites; two further housing sector projects which are being advanced under the affordable housing initiative at Jamestown Road and Infirmary Road, Dublin and eight projects in the local services sector which have emerged from local authority PPP seed fund. More than 70 further potential PPP projects are being investigated.

A second measure of success for my Department's PPP programme is the amount of private finance which is coming forward which, depending on the results of tendering processes still under way, is estimated to fall within a range of €550 million to €700 million. This relates to projects in the housing, waste and local services sectors, including projects such as Dublin thermal treatment waste to energy and the Fatima Mansions and O'Devaney Gardens housing redevelopments. Both the progress illustrated above across a diverse range of projects, together with the significant level of private financing being harnessed, indicate that my Department's PPP programme is performing effectively.

Homeless Persons.

Paul Connaughton

Ceist:

147 Mr. Connaughton asked the Minister for the Environment, Heritage and Local Government the number of move-on accommodation units for homeless persons and those at risk of homelessness in the State; and if he will make a statement on the matter. [11040/05]

The number of transitional and move-on accommodation units funded under section 10 of the Housing Act 1988 in various local authority areas in 2004 was 568. This does not include social housing units provided directly by local authorities or voluntary bodies or units sourced in the private sector by resettlement services, the housing access unit operated by Threshold on behalf of the homeless agency or specialist units in other Departments. A breakdown of these categories is not readily available in my Department. Renewed focus is now being placed on the provision of move-on and permanent accommodation together with the supports necessary to enable homeless persons to move into independent living. I am confident that we will see a significant increase in assistance to homeless persons under these headings in 2005.

Funding available from my Department for recoupment to local authorities of costs incurred in the provision of accommodation and related services for homeless persons in 2005 is €51 million. This brings to €236 million the total funding available from my Department for this purpose since the implementation of the integrated strategy in 2000.

Departmental Programmes.

Róisín Shortall

Ceist:

148 Ms Shortall asked the Minister for the Environment, Heritage and Local Government if a decision has been made not to proceed with plans for the establishment of a national fire authority, a recommendation originally made in the report of the Stardust inquiry; if his attention has been drawn to the concern expressed by the Chief Fire Officers Association at the decision; and if he will make a statement on the matter. [11085/05]

On 17 February 2005 I announced a fire services change programme in which I set out a strategy for the future development of the fire service. This strategy includes measures addressing the development of community fire safety programmes, the development of a risk based approach to the determination of fire cover standards, the introduction of a competency-based approach to recruitment, retention and career progression in the fire service and the enhancement of health, safety and welfare programmes within the fire service.

My priority under the change programme is not to pursue further institutional change at this time but to use the available resources to bring about direct improvements in these key areas identified in the report Review of Fire Safety and Fire Services in Ireland. All of the key stakeholder groups in the fire service are participating positively in the change programme and I am confident that this approach can take us forward and achieve real progress in modernising the fire service.

EU Directives.

Pat Rabbitte

Ceist:

149 Mr. Rabbitte asked the Minister for the Environment, Heritage and Local Government if he has completed his consideration of European Court of First Instance decision to rule against Ireland for failure to protect human health through properly controlling waste dumps; the steps he is taking to ensure Ireland will in future comply with the European Commission’s waste disposal directive; and if he will make a statement on the matter. [11081/05]

The opinion of the Advocate General is still under consideration but until the judgment of the European Court of Justice is given, scheduled for 26 April 2005, it would not be appropriate to comment on this matter. If the Court of Justice finds that a member state has failed to fulfil an obligation under the European treaty the state concerned is required to take the necessary measures to comply with the judgment.

Question No. 150 answered with QuestionNo. 145.
Question No. 151 answered with QuestionNo. 103.

Planning Issues.

Bernard Allen

Ceist:

152 Mr. Allen asked the Minister for the Environment, Heritage and Local Government his views on the recent report on civic and social life in suburbs presented at NUI Maynooth on 1 April 2005; the lessons that can be learned from it by his Department; and if he will make a statement on the matter. [11049/05]

I have asked for a copy of the relevant symposium papers to be sent to my Department so that its findings can be taken into account in the ongoing development of planning policies.

The issues in the greater Dublin area relating to long distance commuter driven developments and people's quality of life require national, regional and local solutions. Implementation of the national spatial strategy will move Ireland towards a national level solution in terms of promoting critical mass in the regions to drive more balanced regional development and reducing the unbalanced development that drives urban sprawl and long distance commuting. A more integrated approach to planning, housing supply, transport and other infrastructure provision in the greater Dublin area is the other key dimension.

The policy and legislative framework for a more strategically focused planning system has been greatly enhanced. The national spatial strategy is Government policy, and the planning legislation has been substantially overhauled under the Planning and Development Act 2000 to provide, inter alia, for an interlocking hierarchy of plans ranging from the national spatial strategy, to regional planning guidelines, development plans and local area plans.

The national spatial strategy and regional planning guidelines require the full support of the local authorities in their development plans. My Department will continue to work closely with regional and local authorities to ensure that development plans reflect the aims and policies of the national spatial strategy and regional planning guidelines.

Waste Management.

Olivia Mitchell

Ceist:

153 Ms O. Mitchell asked the Minister for the Environment, Heritage and Local Government if he intends to increase the penalties for illegal dumping of waste; and if he will make a statement on the matter. [11023/05]

Under section 32(1) of the Waste Management Act 1996 persons holding, transporting, recovering or disposing of waste cannot do so in a manner which causes or is likely to cause environmental pollution. Similarly, under the Litter Pollution Act 1997 persons are forbidden from depositing litter in a public place or anywhere that is visible from a public place. In addition, the owner or occupier of any lands has a statutory duty to keep the lands litter free. While enforcement is a matter for the local authorities and the Office of Environmental Enforcement, I will continue to ensure that the regulatory framework and the resources are appropriate to deal with the problem.

Very significant powers are available to local authorities to enable them to tackle illegal waste activity and littering, and these powers were further strengthened by the Protection of the Environment Act 2003. These include powers to halt vehicles and inspect premises. Maximum penalties attaching to illegal waste activities are substantial and were increased in the 2003 Act, with fines of up to €3000 and or a sentence of up to 12 months on summary conviction, with penalties for convictions on indictment increased to up to €15 million and or a sentence of up to ten years.

A major study has been commissioned by the Office of Environmental Enforcement to establish and document the extent of unauthorised waste activities in Ireland. Among the objectives of the project are to review and document current procedures and practices used by the relevant authorities to investigate unauthorised waste activities, as well as the use of powers available to tackle unauthorised activities. I will carefully consider the results of this study to identify any further actions or indeed legislative changes that may be necessary in consequence of its findings.

Question No. 154 answered with QuestionNo. 103.

Water and Sewerage Schemes.

Denis Naughten

Ceist:

155 Mr. Naughten asked the Minister for the Environment, Heritage and Local Government if he will approve the contract documents for the provision of a sewerage scheme in Lecarrow, County Roscommon; and if he will make a statement on the matter. [11275/05]

Lecarrow was one of six locations included in a wider pilot programme undertaken by the national rural water monitoring committee to identify and test under Irish conditions innovative, cost effective solutions to the provision of wastewater collection and treatment systems in small towns and villages, based on low cost emerging technologies and the potential role for group sewerage schemes in extending domestic wastewater services to households outside the immediate catchments of the new sewage collection networks being provided under the programme.

My Department's examination of the tender report for the pilot programme submitted by Meath County Council, acting as procurement authority for the participating local authorities, has established that only two of the five short-listed contractors submitted valid tenders, that the tender values did not accord with the low-cost concept that was a fundamental element of the pilot programme and that the solutions offered did not provide the degree of innovation envisaged in the context of potential new approaches to wastewater collection and treatment for smaller agglomerations.

In light of the outcome of the tender process, but without prejudice to the wider pilot programme, my Department has conveyed approval to the five participating local authorities to withdraw from the grouped procurement arrangements under the pilot programme and for each authority to immediately proceed to individually invite tenders for the provision of stand-alone wastewater facilities at each of the locations involved, including Lecarrow, by conventional procurement, with a view to construction commencing later this year.

EU Directives.

Eamon Gilmore

Ceist:

156 Mr. Gilmore asked the Minister for the Environment, Heritage and Local Government when he intends to implement the EU directive on the energy performance of buildings; the progress which has been made in making the necessary regulations or preparing legislation; the correspondence he has had with the EU Commission on possible derogation from the directive; and if he will make a statement on the matter. [11276/05]

The Energy Performance of Buildings Directive (2002/91/EC), EPBD, was adopted on 16 December 2002. EU member states must legally transpose the EPBD by 4 January 2006. I plan to include the principal transposition provisions in the proposed Building Control Bill 2005, which is due to be published in the autumn. This primary legislation will be supplemented by regulations under the European Communities Act 1972; and building regulations under the Building Control Act 1990.

Article 15 of the EPBD allows for deferment, up to 4 January 2009, for the practical implementation of the following more complex provisions: Article 7, mandatory energy performance rating or "labelling" of newly constructed buildings and of existing buildings when existing buildings are sold or let; Article 8, improvement of the energy efficiency of boilers; and Article 9, mandatory inspection of air conditioning systems.

An interdepartmental working group has drawn up a draft action plan for implementation of the EPBD according to a proposed timetable which provides for development of an appropriate rating methodology and the training of auditors for building energy performance rating purposes. The working group comprised senior officials from my Department, the Department of Communications, Marine and Natural Resources, and Sustainable Energy Ireland.

Sustainable Energy Ireland, SEI, submitted a revised draft of the action plan, on behalf of the interdepartmental working group, for my approval in mid February 2005. I intend to shortly approve the publication of the draft action plan by SEI, for public and industry comment. At that stage, I will have a copy of the draft placed in the Oireachtas Library. Any deferment of implementation of Articles 7, 8 and 9 of the EPBD must be justified, in writing, to the EU Commission. Any submission by my Department to the Commission would be made when the implementation time scale is finalised following completion of the public consultation process on the draft action plan.

Average Industrial Wage.

Arthur Morgan

Ceist:

157 Mr. Morgan asked the Taoiseach the percentage increase in the average industrial wage since 1997. [11288/05]

Between 1997 and 2004 average weekly earnings for industrial workers increased by 51%. Average earnings per hour increased by 55% while average hours worked per week decreased by 2%. Estimates of weekly and hourly earnings for industrial workers for the years 1997-2004 are given in the following table. The category "industrial workers" includes operatives, maintenance workers, storekeepers, packers, cleaners, basic supervisory staff and apprentices working in the manufacturing, mining and electricity sectors, NACE 1-4. Estimates for 2004 are preliminary, as published in the industrial earnings and hours worked release published on 15 March 2005.

Industrial Workers, NACE 1-4

Average earnings per hour (€)

Annual change

Average earnings per week (€)

Annual change

Average hours worked per week

%

%

1997

9.06

371.51

41.0

1998

9.53

5.2

387.56

4.3

40.7

1999

10.05

5.5

409.28

5.6

40.7

2000

10.66

6.1

436.20

6.6

40.9

2001

11.76

10.3

470.96

8.0

40.1

2002

12.68

7.8

501.51

6.5

39.5

2003

13.37

5.4

535.74

6.8

40.0

2004

14.05

5.1

561.70

4.8

40.0

% change 1997-2004

55.1

51.2

-2.4%

Health Services.

Seán Ryan

Ceist:

158 Mr. S. Ryan asked the Tánaiste and Minister for Health and Children if her attention has been drawn to the need to repair and refurbish the Estuary Centre, Lissenhall, Swords, County Dublin and her proposals to improve the working conditions of the trainees and staff at the centre. [11291/05]

The Health Act 2004 provided for the Health Service Executive, which was established on 1 January 2005. Under the Act, the executive has the responsibility to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. This includes responsibility for mental health services. Accordingly, my Department has requested the chief officer of the Health Service Executive's eastern regional area to investigate the matters raised and to reply directly to the Deputy.

Hospital Accommodation.

Paul Kehoe

Ceist:

159 Mr. Kehoe asked the Tánaiste and Minister for Health and Children the reason her Department has not yet sanctioned the funding for 19 additional beds in Wexford General Hospital; and if she will make a statement on the matter. [11292/05]

Paul Kehoe

Ceist:

160 Mr. Kehoe asked the Tánaiste and Minister for Health and Children if her Department will consider utilising the facilities under proper medical supervision at Ely Hospital, Wexford town to address the chronic overcrowding at Wexford General Hospital; and if she will make a statement on the matter. [11293/05]

Paul Kehoe

Ceist:

161 Mr. Kehoe asked the Tánaiste and Minister for Health and Children if her Department has sanctioned the funding for 19 additional beds in Wexford General Hospital; and if she will make a statement on the matter. [11294/05]

I propose to take Questions Nos. 159 to 161, inclusive, together.

The Health Act 2004 provided for the Health Service Executive, which was established on 1 January 2005. Under the Act, the executive has the responsibility to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. This includes responsibility for progressing the health capital programme for hospitals. The detailed capital funding programme for hospitals for 2005 is currently being finalised in the context of the Capital Investment Framework 2005-09. This process is expected to be concluded in the near future and the HSE will then be in a position to progress its capital programme, in line with overall funding resources available in 2005 and beyond. In relation to utilising facilities in Ely Hospital my Department has requested the chief officer for the executive's south eastern area to reply directly to the Deputy in relation to this matter.

Health Services.

John McGuinness

Ceist:

162 Mr. McGuinness asked the Tánaiste and Minister for Health and Children if orthodontic treatment will be arranged for a person (details supplied) in County Carlow; the reason for the delay to date and if she will expedite a decision. [11295/05]

The Health Act 2004 provided for the Health Service Executive, which was established on 1 January 2005. Under the Act, the executive has the responsibility to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. This includes responsibility for orthodontic services. Accordingly, my Department has requested the chief officer for the executive's south eastern area to investigate the matter raised and to reply directly to the Deputy.

Housing Aid for the Elderly.

John McGuinness

Ceist:

163 Mr. McGuinness asked the Tánaiste and Minister for Health and Children if she will expedite approval for an application under the special housing aid for the elderly scheme in the name of persons (details supplied) in County Kilkenny. [11296/05]

The Health Act 2004 provided for the Health Service Executive, which was established on 1 January 2005. Under the Act, the executive has the responsibility to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. This includes responsibility for the provision of the housing aid scheme for the elderly in Kilkenny, on behalf of the Department of the Environment, Heritage and Local Government. Accordingly, my Department has requested the chief officer for the executive's south eastern area to investigate the matter raised and to reply directly to the Deputy.

Cancer Incidence.

Fergus O'Dowd

Ceist:

164 Mr. O’Dowd asked the Tánaiste and Minister for Health and Children if further research will be made into the high rates of cancer in Drogheda, County Louth; and if she will make a statement on the matter. [11322/05]

The Health Act 2004 provided for the Health Service Executive, which was established on 1 January 2005. Under the Act, the executive has the responsibility to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. This includes responsibility for the provision of cancer services. Accordingly, my Department has requested the chief officer for the executive's north eastern area to investigate the matters raised and to reply directly to the Deputy.

Medical Cards.

Liam Twomey

Ceist:

165 Dr. Twomey asked the Tánaiste and Minister for Health and Children further to Question No. 135 of 22 March 2005, if she is satisfied that her Department was not involved in the development of the proposal to introduce the over 70s medical card before the decision on its introduction was announced in the Budget; and if she will make a statement on the matter. [11323/05]

The Government decision to extend automatic medical card eligibility to all persons aged 70 years and over, with effect from 1 July 2001, was announced on budget day in December 2000. The measure was subsequently unanimously approved by the House.

My Department did not prepare an estimate of the cost of the initiative, but supplied such data as was readily available to it in early December 2000, to the Department of Finance to assist that Department in determining the likely cost in 2001.

Dan Neville

Ceist:

166 Mr. Neville asked the Tánaiste and Minister for Health and Children when a medical card will be renewed for a person (details supplied) in County Limerick. [11324/05]

The Health Act 2004 provided for the Health Service Executive, which was established on 1 January 2005. Under the Act, the executive has the responsibility to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. This includes responsibility for the assessment of applications for medical cards. Accordingly, my Department has requested the chief officer for the executive's mid-western area to investigate the matter raised and to reply directly to the Deputy.

Mental Health Services.

Dan Neville

Ceist:

167 Mr. Neville asked the Tánaiste and Minister for Health and Children further to Question No. 178 of 8 February 2005, if the chief executive officer of the Mid-Western Health Board has referred the document to her Department; and if she will make a statement on the matter. [11325/05]

The Health Act 2004 provided for the Health Service Executive, which was established on 1 January 2005. Under the Act, the executive has the responsibility to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. This includes responsibility for mental health services in the executive's mid-western area. As the review document referred to by the Deputy was not submitted to my Department, I have no comment to make on the matter.

Hospital Staff.

Ned O'Keeffe

Ceist:

168 Mr. N. O’Keeffe asked the Tánaiste and Minister for Health and Children if she will investigate the appointment of a consultant haematologist with an interest in child haematology to the Mercy University Hospital in Cork; and if the necessary arrangements will be made to have such an appointment put in place as soon as possible. [11326/05]

The Health Act 2004 provided for the Health Service Executive, which was established on 1 January 2005. Under the Act, the executive has the responsibility to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. This includes responsibility for the provision of cancer services and the replacement and recruitment of consultant staff. Accordingly, my Department has requested the chief officer for the executive's southern area to investigate the matter raised and to reply directly to the Deputy.

Hospital Services.

Liam Twomey

Ceist:

169 Dr. Twomey asked the Tánaiste and Minister for Health and Children the details of the funding made available by her Department to the Blackrock Hospice, Blackrock, County Dublin; and if she will make a statement on the matter. [11327/05]

Liam Twomey

Ceist:

170 Dr. Twomey asked the Tánaiste and Minister for Health and Children the facilities that are in place at the Blackrock Hospice, Blackrock, County Dublin; the facilities and services that are not being utilised or made available; and if she will make a statement on the matter. [11328/05]

Liam Twomey

Ceist:

171 Dr. Twomey asked the Tánaiste and Minister for Health and Children the reason the full potential and facilities in place at the Blackrock Hospice, Blackrock, County Dublin have not been utilised or made available; and if she will make a statement on the matter. [11329/05]

Liam Twomey

Ceist:

172 Dr. Twomey asked the Tánaiste and Minister for Health and Children the action she will take to ensure that the Blackrock Hospice, Blackrock, County Dublin becomes fully operational; and if she will make a statement on the matter. [11330/05]

Liam Twomey

Ceist:

173 Dr. Twomey asked the Tánaiste and Minister for Health and Children if she has given consideration to the fact that, if adequate funding was made available to the Blackrock Hospice, Blackrock, County Dublin, the additional bed numbers and additional services would immediately free up beds in acute hospitals; and if she will make a statement on the matter. [11331/05]

I propose to take Questions Nos. 169 to 173, inclusive, together.

The further expansion of palliative care facilities is one of the specific actions included in the ten point plan to improve the delivery of accident and emergency services. I understand that the Health Service Executive, eastern region, has had discussions with Blackrock Hospice with a view to commissioning additional palliative care beds.

The executive now has responsibility to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. Accordingly, my Department has asked the chief officer for the executive's eastern region to reply directly to the Deputy on the issues raised.

Michael Ring

Ceist:

174 Mr. Ring asked the Tánaiste and Minister for Health and Children when a person (details supplied) in County Mayo will be called to St. Luke’s Hospital to begin treatment. [11333/05]

The Health Act 2004 provided for the Health Service Executive, which was established on 1 January 2005. Under the Act, the executive has the responsibility to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. As the person in question resides in County Mayo, my Department has requested the chief officer for the executive's western area to investigate the matter raised and to reply directly to the Deputy.

Health Services.

Brian O'Shea

Ceist:

175 Mr. O’Shea asked the Tánaiste and Minister for Health and Children if funding will be provided for persons (details supplied) in County Waterford; and if he will make a statement on the matter. [11334/05]

The Health Act 2004 provided for the Health Service Executive, which was established on 1 January 2005. Under the Act the executive has the responsibility to manage and deliver or arrange to be delivered on its behalf health and personal social services. This includes responsibility for protection and welfare services for children and adolescents under 18 years. Accordingly, my Department has requested Mr. Peter Finnegan, chief officer, Health Service Executive south eastern area, Lacken, Dublin Road, Kilkenny to investigate the matter raised and to reply directly to the Deputy.

Health Service Staff.

Willie Penrose

Ceist:

176 Mr. Penrose asked the Tánaiste and Minister for Health and Children when it is envisaged that the Health Service Executive’s midland area will pay psychiatric nurses employed in the Longford and Westmeath catchment area monies that are due to them; and if she will make a statement on the matter. [11371/05]

The Health Act 2004 provided for the Health Service Executive, which was established on 1 January 2005. Under the Act the executive has the responsibility to manage and deliver or arrange to be delivered on its behalf health and personal social services. This includes responsibility for pay to psychiatric nurses. Accordingly, my Department has requested the chief officer for the executive's midland area to investigate the matter raised and reply directly to the Deputy.

Hospital Services.

Paul McGrath

Ceist:

177 Mr. P. McGrath asked the Tánaiste and Minister for Health and Children the reason for the transfer of the elderly medicine and rehabilitation wards from outlying units to the main building of Connolly Hospital, Blanchardstown; if she will confirm that funding has been made available for this project; and if she will make a statement on the matter. [11372/05]

Paul McGrath

Ceist:

178 Mr. P. McGrath asked the Tánaiste and Minister for Health and Children the circumstances surrounding the commissioning of Phase II of the Blanchardstown Hospital development; if funding has been made available for the project; and if she will make a statement on the matter. [11373/05]

I propose to take Questions Nos. 177 and 178 together.

The Health Act 2004 provided for the Health Service Executive, which was established on 1 January 2005. Under the Act the executive has the responsibility to manage and deliver or arrange to be delivered on its behalf health and personal social services. This includes responsibility for the provision of hospital services at Connolly Hospital, Blanchardstown. Accordingly, my Department has requested the chief officer for the executive's eastern regional area to examine the issues raised and reply to the Deputy directly.

Nursing Home Subventions.

Olwyn Enright

Ceist:

179 Ms Enright asked the Tánaiste and Minister for Health and Children if a person who was not in receipt of an old age contributory or non-contributory pension is entitled to subvention or to a place in a Health Service Executive nursing home; and if she will make a statement on the matter. [11423/05]

As the Deputy will be aware, the Health (Nursing Homes) Act 1990 and the Nursing Homes Regulations 1993 provide for the payment of subvention for private nursing home care for applicants who qualify on both medical and means grounds.

Under the regulations the Health Service Executive when considering an application for subvention carries out a means test which takes into account the means of the applicant and his or her spouse or cohabiting partner where appropriate and the assets of the applicant. The means test is usually carried out by the local community welfare officer and involves looking at the applicant's income for the previous 12 months. Income from all sources is taken into account, including wages, salary, pension, allowances, payments for part-time and seasonal work, income from rentals and investments and savings. Income is assessed net of PRSI, income tax and the health contribution. The income of a married or cohabiting person is taken to be half the total income of the couple. In assessing an applicant's assets the first €7,618 of such assets is disregarded and if their assets excluding their principal residence exceed €25,740 an application may be refused.

The Health Act 2004 provided for the Health Service Executive, which was established on 1 January 2005. Under the Act the executive has the responsibility to manage and deliver or arrange to be delivered on its behalf health and personal social services. Accordingly, the placement of a person would be in the first instance the responsibility of the Health Service Executive.

Organ Retention.

John Deasy

Ceist:

180 Mr. Deasy asked the Tánaiste and Minister for Health and Children if she has studied the report of the Dunne inquiry; if she intends to publish the report; and if she will make a statement on the matter. [11470/05]

I received the report of the post mortem inquiry into paediatric hospitals on 31 March 2005. The report is currently being examined by my Department in consultation with the Office of the Attorney General.

Hospitals Building Programme.

John Deasy

Ceist:

181 Mr. Deasy asked the Tánaiste and Minister for Health and Children the progress that has been made on the proposed redevelopment of St. Vincent’s Hospital, Dungarvan, County Waterford; and if he will make a statement on the matter. [11471/05]

The Health Act 2004 provided for the Health Service Executive, which was established on 1 January 2005. Under the Act the executive has the responsibility to manage and deliver or arrange to be delivered on its behalf health and personal social services. As part of the executive's responsibility to prepare and submit an annual service plan for my approval, it is obliged under section 31 of the Act to indicate any capital plans proposed by the executive. In this process the executive can be expected to have regard to the full range of potential capital developments, its own criteria in determining priorities, available resources and any other relevant factors. The Health Service Executive's national capital plan is being examined by my Department.

Health Action Plan.

Willie Penrose

Ceist:

182 Mr. Penrose asked the Tánaiste and Minister for Health and Children the work which has been carried out to date by the project team appointed to undertake an option appraisal for a health infrastructure in Athlone, County Westmeath; the action being taken by his Department to pursue the options in this regard; and if he will make a statement on the matter. [11472/05]

The position on the proposed health infrastructure development in Athlone is that an option appraisal has been completed. My Department subsequently conveyed approval last September to the Midland Health Board to undertake a development control plan, DCP, for one of the sites in question at Clonbrusk. The process for the appointment of a design team for the DCP has commenced.

As the Deputy will be aware, the Health Act 2004 provided for the Health Service Executive, which was established on 1 January 2005. Under the Act the executive has the responsibility to manage and deliver or arrange to be delivered on its behalf health and personal social services. This includes responsibility for progressing the proposed capital development at Athlone. In the circumstances my Department has asked the chief executive of the Health Service Executive's midland area to investigate the matter raised and reply direct to the Deputy.

Hospital Services.

Jan O'Sullivan

Ceist:

183 Ms O’Sullivan asked the Tánaiste and Minister for Health and Children if he will implement the recommendations of the Wolfe report on St. Joseph’s Foundation, Charleville, County Cork in order that it can continue to provide its full range of services; and if he will make a statement on the matter. [11490/05]

The Health Act 2004 provided for the Health Service Executive, which was established on 1 January 2005. Under the Act the executive has the responsibility to manage and deliver or arrange to be delivered on its behalf health and personal social services. This includes responsibility for the provision of funding. Accordingly, my Department has requested the chief officer of the executive's southern area to investigate the matter raised and to reply directly to the Deputy.

Garda Stations.

Jimmy Deenihan

Ceist:

184 Mr. Deenihan asked the Minister for Finance the position regarding the provision of a new Garda station at Castleisland, County Kerry; and if he will make a statement on the matter. [11342/05]

The Department of Justice, Equality and Law Reform has confirmed the suitability of a proposed site for a Garda station in Castleisland, County Kerry and a valuation report on the site is being prepared by the Office of Public Works. Negotiations with the owner of the site will commence when the report has been completed. The Commissioners of Public Works hope to be in a position to make an offer to purchase the site in the near future.

Architectural Heritage.

Bernard J. Durkan

Ceist:

185 Mr. Durkan asked the Minister for Finance if he has received information from agencies regarding the condition of Connolly’s Folly, Maynooth, County Kildare and the obvious need for action to preserve and restore the monument; and if he will make a statement on the matter. [11448/05]

There is no change in the position regarding the preservation of the folly. I am not aware of any information received from agencies intimated by the Deputy.

Flood Relief.

Bernard J. Durkan

Ceist:

186 Mr. Durkan asked the Minister for Finance if he has had discussions with Kildare County Council or other agencies with a view to improving the drainage or alleviating the risk of flooding at the Allenwood areas of County Kildare; if an integrated drainage programme is anticipated; and if he will make a statement on the matter. [11454/05]

The Office of Public Works carried out drainage works at Allenwood in 2003 as agents for Kildare County Council. There are no proposals to carry out further works.

Tax Code.

Billy Timmins

Ceist:

187 Mr. Timmins asked the Minister for Finance the position with regard to the case of persons (details supplied) in County Wicklow; if their case will be examined with a view to allowing them the full tax credits and the homecaring spouse credit; and if he will make a statement on the matter. [11309/05]

The position is that the carer's allowance being paid to the taxpayer's spouse is a taxable payment in common with most other social welfare payments. In the case raised by the Deputy the payment is being taxed through a curtailment of the taxpayer's tax credits and standard rate band.

I am advised by the Revenue Commissioners that a PAYE balancing statement granting the home carer tax credit for the year 2004 will issue shortly to the taxpayer. A certificate of tax credits issued on 29 March 2005 granting a PAYE tax credit to the taxpayer relating to his spouse's Social Welfare income. All credits due to the taxpayer have now been granted.

The Revenue Commissioners wrote to the taxpayer on 11 April requesting an estimate of his 2005 income to establish if the granting of a home carer tax credit is more beneficial than an increased rate band. On receipt of a reply any adjustments will be made.

Water Sports Vehicles.

Cecilia Keaveney

Ceist:

188 Cecilia Keaveney asked the Minister for Communications, Marine and Natural Resources the position on proposals to assist local authorities in adopting regulations on the operation of jet skis within their jurisdiction in which such controls are required; and if he will make a statement on the matter. [11355/05]

The maritime safety directorate and law division of the Department are currently working to bring forward an updated Maritime Safety Bill which takes account of amendments arising from the passage of the Bill through the Seanad.

The Bill provides powers for local authorities to regulate the operation of jet skis and other mechanically propelled sport and leisure craft in their areas. It also increases penalties and includes provision for on-the-spot fines.

Alternative Energy Projects.

Bernard J. Durkan

Ceist:

189 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources his policy to promote the production of bio-diesel and other alternative fuels; and if he will make a statement on the matter. [11456/05]

In March 2004, my Department secured an amendment to the Finance Act 1999, which provides for the introduction of a pilot scheme for excise tax relief for biofuels. The European Commission has now given State aid clearance for the scheme. The pilot scheme will be publicly advertised very shortly and interested parties will be invited to apply for excise relief, through a competitive "call for proposals" process.

Biodiesel, along with other types of biofuels, are addressed in the EU biofuels directive. This directive sets indicative targets for the market penetration of biofuels in member states.

An interdepartmental group has been set up, chaired by my Department, to consider policy options for the development of a biofuels sector. As part of the group's ongoing work, a liquid biofuels strategy study was published by Sustainable Energy Ireland, SEI, in December 2004. This report provides comprehensive details on the potential for the development of a biofuels market in Ireland and options to stimulate the market.

In relation to other alternative fuels, Sustainable Energy Ireland was established under the Sustainable Energy Act 2002 to promote and assist in the sustainable production, supply and use of energy in support of Government policy. A number of SEI research, development and demonstration programmes are currently in operation across all sectors of the economy addressing these strategic objectives.

Telecommunications Services.

Bernard J. Durkan

Ceist:

190 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources the discussions that have taken place in regard to the finding of a new anchor tenant for the Digital Hub; and if he will make a statement on the matter. [11457/05]

Bernard J. Durkan

Ceist:

193 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if action has been taken to replace the anchor tenant at the Digital Hub; if the expenditure to date on the previous incumbent is recoupable; and if he will make a statement on the matter. [11460/05]

I propose to take Questions Nos. 190 and 193 together.

A consultation on the development of a new digital research entity in the Digital Hub was recently undertaken on behalf of my Department. The consultation focussed on a number of topics, including research type; research area; preferred management approach; partnership requirement; preferred tender process; level of institutional interest in the project; fit with existing academic priorities and plans; funding issues; definition of intellectual property model; and preferred approach to governance.

This consultation proposed that the new entity would undertake research in the general area of digital media, but that there would be greater focus on sustainable research and a more directive approach to research in a new business model. It also recommended better links to Irish universities, effective management and improved corporate governance, in accordance with general guidelines for State bodies. Based on the outcome of the consultation process, the Government will consider decisions regarding the shape of a new research entity and how an organisation or consortium to manage the facility could be selected.

Financing provided to Media Lab Europe by the Government was in line with contractual commitments entered into by the Government. While current expenditure allocations are not recoverable, the Government retains full ownership of the building in which the former facility was situated. It is my intention to make accommodation in this building available to the new entity, including the surplus of equipment, fixtures and fittings following the wind-up of the former tenant.

Bernard J. Durkan

Ceist:

191 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if availability of broadband here is comparable to its availability in other European jurisdictions; if his attention has been drawn to the need to accelerate the programme in order to protect the economy; and if he will make a statement on the matter. [11458/05]

Bernard J. Durkan

Ceist:

192 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if the provision of broadband to date is in accord with the revised projections of his Department; when he expects provision to be made available throughout the country; and if he will make a statement on the matter. [11459/05]

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

The provision of telecommunications, including broadband, is a matter in the first instance for the private sector companies operating in a fully liberalised market, as regulated by the Commission for Communications Regulation, ComReg. The number of broadband customers is increasing rapidly and now stands at more than 140,000. For comparison, the January 2004 figure was 35,000.

The rate of uptake is dependent on access by the service providers to suitable infrastructure. However, the level of investment by the sector in high-speed broadband infrastructure has failed to keep pace with the demand for broadband. Therefore, my Department's regional broadband programme is addressing the infrastructure deficit, in co-operation with the local and regional authorities, by building high-speed open access metropolitan area networks, MANs, in 120 towns and cities nationwide using ERDF and Government funding under the National Development Plan 2000-2006.

The MANs programme is being rolled out on a phased basis and the 19 networks completed to date have come in on time and within budget. Work is under way on seven MANs and construction of a further 82 will commence during the next 12 months. Full details of the regional broadband programme can be found on my Department's website www.dcmnr.gov.ie.

For smaller towns and rural communities, my Department offers grant-aid of up to 55% of set-up costs to enable local groups to become self-sufficient in broadband, using the most suitable technology for their area. Under the broadband for schools project, every one of the 4,200 primary and post primary schools in the country will be provided with broadband by the end of this year.

According to the ComReg website, www.comreg.ie, there are over 45 different broadband offerings across a variety of technologies, including DSL, fibre, cable, leased lines and satellite technology. In essence, there are broadband technologies that can deliver broadband to any broadband consumer in Ireland. I have set the industry a target of 500,000 broadband customers by the end of 2006. The Government’s broadband target is to be within the top half of EU countries by the end of 2007. That means a market penetration of around 14% of the overall population, which I believe is within reach.

Question No. 193 answered with QuestionNo. 190.

Northern Ireland Issues.

Aengus Ó Snodaigh

Ceist:

194 Aengus Ó Snodaigh asked the Minister for Foreign Affairs his views on the Northern Ireland Office’s decision to downgrade the chief commissioner of the Equality Commission to a part-time post; and if he has raised this matter with the British Government. [11476/05]

The Government's primary concern is to ensure that the new chief commissioner of the Equality Commission of Northern Ireland, who is expected to take office on 1 August 2005, has the required leadership, strategic and representational skills to chair one of the important institutions of the Good Friday Agreement. The quality and calibre of the prospective appointee will, therefore, be crucially important. In that regard, it is worth noting that the recent five-year review of the Equality Commission concluded that "the ability and competence of the post-holder should be considered to be of more importance than the issue of full-time or part-time tenure".

There have been preliminary discussions with the British Government on the matter. The British side has indicated that the post of chief commissioner has hitherto been full-time on account of the need to successfully amalgamate the four separate equality bodies that predated the Equality Commission of Northern Ireland. In its judgment, the post is now suitable to be exercised on a part-time basis. At the same time, the intention is that the precise time commitment of the new chief commissioner will be negotiated with the successful candidate.

Within the framework of the British-Irish Intergovernmental Conference, the Government expects to have further discussions with the British Government before the conclusion of the appointment process for a new chief commissioner.

Overseas Development Aid.

Brendan Howlin

Ceist:

195 Mr. Howlin asked the Minister for Foreign Affairs if a new target date has been set by which Ireland’s contribution to overseas aid will reach the 0.7% of GDP target; if his Department has set out a programme of interim annual increases to achieve this target within a specific timeframe; if he will consider the enactment of legislation in the current Dáil session to underpin Ireland’s commitment to the 0.7% target in view of the Government’s decision not to allocate 0.7% of GDP to overseas aid by 2007; and if he will make a statement on the matter. [11362/05]

The allocation for 2005 provides for an increase of €70 million in Government spending on official development assistance this year. This will bring total Government aid to the developing world to approximately €545 million in 2005, the highest allocation in the 30-year history of the aid programme. In addition, the Government has agreed to provide further increases of €65 million in each of the years 2006 and 2007.

These substantial increases mean that over the three years from 2005 to 2007, €1.8 billion will be spent by Ireland on development assistance. As a result, Ireland will maintain its position as one of the world's leading aid donors on a per capita basis. This three-year multi-annual commitment, incorporating substantial annual increases, gives the Department a sound basis to carry forward the long-term planning which is so important for development work.

The Government remains strongly committed to achieving the UN target for expenditure on ODA. The issue of how best to meet the target, and in what timeframe, is under ongoing review. In this regard, and as I have stated previously, it is not intended that the commitment should be enshrined in legislation. The Department has recently launched a consultative process that will lead to a White Paper on development assistance and we look forward to receiving views from all interested groups and members of the public, including on the aid target dimension.

Human Rights Issues.

Aengus Ó Snodaigh

Ceist:

196 Aengus Ó Snodaigh asked the Minister for Foreign Affairs if the Government will fulfil its duty to safeguard the rights of Irish citizens throughout the world and take urgent action to secure the release of persons (details supplied). [11482/05]

As the Deputy is aware, my Department has provided all appropriate consular assistance to the three men concerned. The position is that they each received sentences and fines as part of the decision made on appeal by the Colombian courts on 16 December 2004. However, I understand the legal process is not yet exhausted and that the defence is entitled to a further appeal to the Colombian Supreme Court. My Department will continue to monitor this case. However, I have no knowledge of the present location of the three men.

Northern Ireland Issues.

Aengus Ó Snodaigh

Ceist:

197 Aengus Ó Snodaigh asked the Minister for Foreign Affairs the representations he has made to the British Government regarding the Inquiries Bill and its ongoing attempts to hide the truth regarding collusion in the killing of Pat Finucane. [11483/05]

As the Deputy is aware, the Government has been actively engaged on the issue of the Inquiries Bill since it was first published and has been in regular contact with the British authorities at both political and official levels. The Government has also stayed in close contact with the Finucane family.

I raised the matter most recently with the Secretary of State for Northern Ireland at the meeting of the British-Irish Intergovernmental Conference in Dublin on 2 February last. The Taoiseach has likewise raised his concerns about the implications of the legislation directly with Prime Minister Blair, and has recently met again the Finucane family and its legal representatives. He also raised the case in his recent discussions with President Bush over the St. Patrick's Day period.

The Government is deeply disappointed that, despite its serious concerns and those of others, including Judge Cory and Lord Saville, the Bill was enacted on 7 April. The House can be assured that the Finucane family will continue to receive the full support of the Government in their pursuit of a full public inquiry that is compliant with the Weston Park agreement and the key requirements set out in the Cory report.

Aengus Ó Snodaigh

Ceist:

198 Aengus Ó Snodaigh asked the Minister for Foreign Affairs his representations to the British Government over the PSNI’s continuing use of plastic bullets and the recent vote of the policing board to introduce a new plastic bullet; his views on whether plastic bullets are lethal devices; and his further views on the demand that they be removed from use. [11484/05]

In ongoing discussions with the British Government through the framework of the British-Irish Intergovernmental Conference, the Government has consistently argued for the implementation of Patten recommendations 69 and 70 on finding an acceptable, effective and less potentially lethal alternative to plastic baton rounds. The Government will continue to support the search for alternative policing approaches to the management of public order situations.

The policing board agreed to proceed with the deployment of the attenuated energy projectile, pending further research, on the basis of its increased safety and the fact that this brings the PSNI into line with police services in Scotland, England and Wales under guidelines established by the Association of Chiefs of Police. The SDLP dissented, and also pointed out that PBRs have not been fired in Northern Ireland for well over two years.

On the more positive side, there has also been a welcome overhaul in the approach to public order situations in Northern Ireland in recent times. For example, other options are now available to the PSNI, such as the use of water cannons. This has been brought about because of the new policing structures, in which the SDLP plays a key part, and has been reinforced both by a revision of the guidelines and training for use of plastic bullets and by the introduction of a reporting arrangement whereby each firing of a plastic bullet must be referred to the Police Ombudsman for Northern Ireland for investigation.

Sports Capital Programme.

Fergus O'Dowd

Ceist:

199 Mr. O’Dowd asked the Minister for Arts, Sport and Tourism the position regarding an application for funding for a group (details supplied) in County Louth; and if he will make a statement on the matter. [11283/05]

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

Applications for funding under the 2005 programme were invited through advertisements in the press on 5 December and 6 December last. The closing date for receipt of applications was 4 February 2005. All applications received before the deadline, including one from the organisation in question, are currently being evaluated against the programme's assessment criteria, which are outlined in the guidelines, terms and conditions of the programme. I intend to announce the grant allocations for the programme as soon as possible after the assessment process has been completed.

Fergus O'Dowd

Ceist:

200 Mr. O’Dowd asked the Minister for Arts, Sport and Tourism the position regarding an application for funding for a group (details supplied) in County Louth; and if he will make a statement on the matter. [11353/05]

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

Applications for funding under the 2005 programme were invited through advertisements in the press on 5 December and 6 December last. The closing date for receipt of applications was 4 February 2005. All applications received before the deadline, including one from the organisation in question, are currently being evaluated against the programme's assessment criteria, which are outlined in the guidelines, terms and conditions of the programme. I intend to announce the grant allocations for the programme as soon as possible after the assessment process has been completed.

Job Creation.

Fergus O'Dowd

Ceist:

201 Mr. O’Dowd asked the Minister for Enterprise, Trade and Employment the number of jobs created in County Louth in Drogheda, Dundalk and Ardee since 2000; and if he will make a statement on the matter. [11350/05]

Under the Industrial Development Acts, support for job creation and investment on a regional or local basis comes within the remit of the industrial development agencies. IDA Ireland is actively marketing individual areas as locations for additional foreign direct investment, while Enterprise Ireland is concentrating on the development of indigenous industries. The 35 city and county enterprise boards, CEBs, have responsibility for the micro-enterprise sector.

Employment statistics are maintained on a county basis and the tabular statement shows the numbers of new jobs created in County Louth by each of the agencies for each of the years 2000 to 2004.

Number of new jobs created by each of the development agencies in County Louth in each of the years 2000 to 2004.

Year

Enterprise Ireland

Louth County Enterprise Board

IDA Ireland

2000

243

57

1,012

2001

535

92

155

2002

265

26

179

2003

239

52

39

2004

554

117

101

Fergus O'Dowd

Ceist:

202 Mr. O’Dowd asked the Minister for Enterprise, Trade and Employment the capital expenditure by the job creating agencies in job creation for County Louth; the individual funding for each year since 2000 for Drogheda, Dundalk and Ardee; and if he will make a statement on the matter. [11351/05]

Under the Industrial Development Acts, support for job creation and investment on a regional or local basis comes within the remit of the industrial development agencies. IDA Ireland is actively marketing individual areas as a location for additional foreign direct investment, while Enterprise Ireland is concentrating on the development of indigenous industries. The 35 city and county enterprise boards, CEBs, have responsibility for the micro-enterprise sector.

The tabular statement sets out the total capital expenditure of each of the three agencies in respect of County Louth for each of the years 2000 to 2004.

Total investment by each of the development agencies in County Louth in each of the years 2000 to 2004.

Year

Enterprise Ireland

Louth County Enterprise Board

IDA Ireland (property-related capital projects)

2000

1,665,919

195,935

26,237,357

2001

3,135,792

308,228

357,606

2002

1,407,491

275,360

3,358,047

2003

1,276,173

178,898

3,985,787

2004

1,194,956

299,767

3,026,565

Maximum Price Orders.

Denis Naughten

Ceist:

203 Mr. Naughten asked the Minister for Enterprise, Trade and Employment if he will introduce a freeze on the price of alcohol at retail level until at least 2006; and if he will make a statement on the matter. [11359/05]

The policy on prices followed by this Government and by most Governments since price controls were abandoned in the 1980s is that prices should be set by competition in the marketplace.

While a maximum prices order was made under the Prices Act in July 2000 to freeze the price of certain drinks sold in pubs, hotels and restaurants, the order lapsed after six months as its impact on prices was not particularly significant. I would not consider it appropriate, therefore, to make an order to freeze the price of drinks at this stage. The Retail Price (Beverage in Licensed Premises) Display Order 1999, which requires the display of a price list of a selection of the most popular drinks immediately outside or inside each entry to a licensed premises, enables consumers to know the prices being charged before they enter particular premises so they can take their custom elsewhere if they believe those prices to be unreasonably high. There is some evidence from recent media reports that consumer power may be having a far greater effect on drink prices than maximum price orders ever did.

Work Permits.

Jim O'Keeffe

Ceist:

204 Mr. J. O’Keeffe asked the Minister for Enterprise, Trade and Employment the procedures whereby the spouses of non-nationals can secure work permits, in circumstances in which their spouses have already been legally working here for many years. [11486/05]

On 18 February 2004 the Tánaiste announced the introduction of a new initiative to facilitate easier access to the Irish labour market by spouses of certain skilled non-EEA nationals working in Ireland.

These new measures are confined to the spouses of persons working here on working visas or work authorisations, to spouses of certain intra-company transferees and spouses of certain academics and researchers. In cases where some medical professionals are still working on work permits these will be dealt with on a case by case basis.

It is not intended generally that the spouses of persons on work permits would benefit from these new arrangements. The spouses of persons in respect of whom work permits have been issued are eligible to seek employment and have prospective employers apply for a work permit in the same way as for all non-EEA workers. However, where the immigration authorities have granted a spouse visa to permit family reunifications, such visas are granted on the condition that the spouse does not work. In such cases, my Department is precluded from considering work permit applications in respect of that spouse.

Detailed guidelines on how to apply for work permits as well as the eligibility criteria and procedures relating to the new spouses scheme are available on my Department's website at www.entemp.ie.

Social Welfare Benefits.

Mary Upton

Ceist:

205 Dr. Upton asked the Minister for Social and Family Affairs if he will extend the back to school clothing and footwear allowance to include the orphan’s payment as a qualifying payment. [11300/05]

The back to school clothing and footwear allowance scheme assists persons in receipt of certain payments when children start school each autumn.

The scheme operates from the beginning of June to the end of September each year and is administered on my behalf by the Health Service Executive. In 2004, 70,577 applications were approved under the scheme which benefited some 152,400 children at a cost of €17.028 million. The allocation for 2005 is €18 million.

While there are no immediate plans to extend the allowance to recipients of other payments, such as orphan's pension and allowances, I intend to keep this area under regular review for consideration in a budgetary context.

Michael Ring

Ceist:

206 Mr. Ring asked the Minister for Social and Family Affairs the reason a person (details supplied) in County Mayo is not in receipt of the free television licence. [11336/05]

The person concerned was awarded the household benefits package, including the free lifetime television licence, and An Post was informed accordingly.

The address on the An Post database for the person concerned did not match the address forwarded by my Department and the licence issued to the address held by An Post. My Department has contacted An Post which has amended its records and a free lifetime television licence will issue as soon as possible to the correct address.

Social Welfare Settlements.

John Deasy

Ceist:

207 Mr. Deasy asked the Minister for Social and Family Affairs if the terms of a settlement reached with a person (details supplied) will be extended to other Waterford dockers who found themselves in a similar position; and if he will make a statement on the matter. [11488/05]

The position in this instance is that an out of court settlement was reached in the case of one Waterford docker without any implication of liability on behalf of my Department. The settlement applied to the person concerned alone and does not apply in the case of other dockers.

Motor Cycle Facilities.

Richard Bruton

Ceist:

208 Mr. Bruton asked the Minister for Transport if he will consider extending the use of bus lanes to include motor cyclists; if comparative studies of the accident rate involving motor cyclists have been undertaken and if these will be reduced by permitting the use by motorcycles of bus lanes. [11305/05]

The use of bus lanes is provided for in the Road Traffic (Traffic and Parking) Regulations 1997 and 1998. The primary purpose of bus lanes is to facilitate and promote bus-based public transport. The regulations, which have national application, generally limit the use of bus lanes to buses and, in the case of with-flow bus lanes, to cyclists also. Having regard to the role of taxis in providing on-street immediate hire service, an exemption to the restriction on the use of with-flow bus lanes is allowed in respect of taxis when they are being used in the course of business.

An overriding concern is the carrying capacity of bus lanes and the potential that their primary role to provide bus priority could be undermined if other vehicles are allowed access. I do not have any plans to extend access to bus lanes to motor cyclists.

Public Transport.

Olivia Mitchell

Ceist:

209 Ms O. Mitchell asked the Minister for Transport the number of buses in the Dublin Bus fleet; and if he will make a statement on the matter. [11343/05]

Bus Átha Cliath has informed me that at the beginning of 2005, the company's fleet comprised 1,062 buses.

Olivia Mitchell

Ceist:

210 Ms O. Mitchell asked the Minister for Transport the number of routes operated by Dublin Bus; and if he will make a statement on the matter. [11344/05]

Bus Átha Cliath has informed me that the company operates 207 distinct bus routes.

Taxi Hardship Panel.

Olivia Mitchell

Ceist:

211 Ms O. Mitchell asked the Minister for Transport if he will respond to calls for a review of the taxi hardship scheme. [11346/05]

The taxi hardship payments scheme is based on the recommendations and parameters set out in the taxi hardship panel report, as approved by Government. Payments under the scheme do not represent compensation but rather compassionate payments in respect of extreme personal financial hardship. The taxi hardship payments scheme is being administered by Area Development Management Limited, ADM, on behalf of my Department and the process is nearing completion.

I have no proposals to make payments over and above those recommended by the taxi hardship panel nor are there any proposals to reopen either the terms of the taxi hardship panel report or the Government's decision in relation to it.

Driving Tests.

Olwyn Enright

Ceist:

212 Ms Enright asked the Minister for Transport the reason a driving test route for articulated vehicles in Tullamore has been suspended; when this route will be restored; and if he will make a statement on the matter. [11411/05]

My Department had to suspend the testing of drivers of articulated vehicles in Tullamore as access to an area where reversing manoeuvres were carried out was no longer available. These manoeuvres must be carried out at a safe location and it had not been possible to identify a suitable location. An alternative location has now been identified where the manoeuvres can be undertaken and driving tests will resume shortly in this licence category at the Tullamore test centre.

However, in order to implement changes to the test in this licence category, in the immediate future, it will be necessary to secure off-road compounds so that certain manoeuvres can be carried out safely. My Department is in discussions with the Office of Public Works in order to secure a suitable off-road compound in Tullamore.

Misuse of Drugs.

Aengus Ó Snodaigh

Ceist:

213 Aengus Ó Snodaigh asked the Minister for Community, Rural and Gaeltacht Affairs if he will report on the work of the British-Irish Council on the misuse of drugs which is being led by the Government; the Irish representatives involved; and the progress made in developing a framework for future co-operation in the areas of demand reduction and supply reduction. [11475/05]

As the Deputy may be aware, the British-Irish Council was established under the Strand Three Provisions of the Good Friday Agreement as a forum to promote the harmonious and mutually beneficial development of relationships among the peoples of these islands for its members to exchange information, discuss, consult and co-operate on matters of mutual interest within the competence of relevant member administrations.

At the first British-Irish Council Summit meeting in December 1999, it was agreed that the Irish Government would take responsibility for advancing work in regard to the problems of misuse of drugs. At the BIC Summit in Dublin on 30 November 2001, members agreed elements for a framework for future BIC co-operation in this regard focusing on the two key areas of demand reduction, incorporating prevention and treatment, and supply reduction, incorporating law enforcement. The drugs strategy unit of my Department has the lead in this regard, with input and representation from other Departments and agencies as appropriate.

In this context, members have organised conferences and seminars on a range of topics including targeting the proceeds of drugs trafficking, the diversion of young people at risk of drug misuse, opportunities for training and employment to recovering drug misusers, drugs awareness campaigns, emerging trends and treatment modalities in drug misuse and business support for anti-drugs strategies. Ministers have also met on three occasions to review work and agree future priorities.

In the current year, a number of themed meetings are being held with members leading on a range of topics. To date, one such meeting has taken place on the topic of drug-related deaths which Wales hosted in Cardiff. Two more meetings are planned for the coming months on the topics of children of substance misusing parents in Scotland and formal and informal education work with young people in Guernsey. In addition, Ministers will meet in July to review this work and discuss future activities in this area.

The Government remains committed to the work of the British-Irish Council as part of the institutional framework of the Good Friday Agreement. It provides a unique opportunity to work together, in a practical manner, to examine the complex issues of drug misuse and further enhance co-operation between members. Ireland is very pleased to continue to be the lead administration in this important work.

Rural Social Scheme.

Michael Ring

Ceist:

214 Mr. Ring asked the Minister for Community, Rural and Gaeltacht Affairs if there is an allowance for a dependant child in third level education for a person (details supplied) in County Mayo participating on the rural social scheme; and if he will make a statement on the matter. [11332/05]

The rural social scheme was introduced in 2004 to provide directly improved rural services and at the same time securing an income and employment support for farmers and fishermen who can no longer make a viable living on the land from such work.

The rates of payment for those transferring from farm assist, unemployment assistance and unemployment benefit, if previously on community employment, are the same as that for community employment. If a participant's current social welfare payment includes a reduced rate for an adult dependant, then participants will be paid that equivalent on the rural social scheme. Similarly, if the payment includes an increase in respect of a child dependant, then a participant will be paid that equivalent.

The person concerned was in receipt of unemployment benefit from the Department of Social and Family Affairs in respect of himself, an adult dependant and two child dependants. My Department has recently confirmed that the person concerned did not have an entitlement to payment in respect of a child attending full-time third level education. A person in receipt of unemployment benefit does not receive a child dependant increase for children over 18 in full-time education unless s/he has exhausted 156 days of their benefit. The person concerned had exhausted just 60 days of his unemployment benefit payment.

Appointments to State Boards.

Jerry Cowley

Ceist:

215 Dr. Cowley asked the Minister for Community, Rural and Gaeltacht Affairs if adequate representation will be provided for the people of Tourmakeady by the use of his nominating rights to nominate a representative for the Tourmakeady area; his views on whether the area urgently needs proper representatives; and if he will make a statement on the matter. [11491/05]

Prior to 1999, the board of Údarás na Gaeltachta consisted of 13 people, seven of whom were elected from three constituencies. Three of these were elected from the Mayo, Galway and Meath Gaeltacht. In 1999, the board was expanded to consist of 20 people, including 17 elected members.

Section 15 of Údarás na Gaeltachta (Amendment) (No. 2) Act 1999 provides for the election of two persons to the board of Údarás na Gaeltachta for the area comprising those parts of the Gaeltacht situated in County Mayo, including Tuar Mhic Éadaigh. As well as serving on the board of Údarás, they also serve on the regional committee for the area comprising those parts of the Gaeltacht situated in Counties Mayo, Galway and Meath. The function of the regional committee is, inter alia, to provide an effective decision-making structure that takes cognisance of local development needs. I believe the Mayo Gaeltacht has been and remains well served by its board members and also by the rest of the board, with particular reference to those members representing the Galway, Mayo and Meath Gaeltacht that are on the regional committee.

In accordance with existing legislation, I will shortly nominate the chairperson and two members to the board of Údarás. I am sure that the Deputy will agree that, when choosing nominees, it is incumbent on me to take into consideration the overall development needs of the Gaeltacht.

Grant Payments.

Ned O'Keeffe

Ceist:

216 Mr. N. O’Keeffe asked the Minister for Agriculture and Food if the single payment entitlements of a person (details supplied) in County Cork will be reviewed. [11352/05]

An application for consideration under the force majeure-exceptional circumstances measure of the single payment regulations was submitted by the person named on 2 November 2004.

The person named has been notified that the circumstances outlined by him do not satisfy the criteria for force majeure-exceptional circumstances under article 40 of Council Regulation (EC) No. 1782 to 2003. The person named has been advised that he can appeal the decision to the independent single payment appeals committee which will carry out a full review of the circumstances outlined.

Milk Quota.

Jimmy Deenihan

Ceist:

217 Mr. Deenihan asked the Minister for Agriculture and Food if a person (details supplied) in County Kerry will qualify for milk quota; and if she will make a statement on the matter. [11354/05]

Allocations of milk quota from the national reserve are granted on the basis of recommendations from the milk quota appeals tribunal. The tribunal is a body established to consider and advise on applications for additional quota from individual producers who have suffered severe hardship in the context of the milk quota system. It also examines applications from producers whose herds have been restricted by animal disease in the current milk quota year.

A completed animal disease scheme application form was received from the named person in December 2004. On its receipt in the Department a hardship scheme form was sent to him for completion in January 2005. When this is returned I will have the case referred for consideration to the tribunal. Due to the urgency of the matter my officials have contacted the person concerned directly.

Grant Payments.

Denis Naughten

Ceist:

218 Mr. Naughten asked the Minister for Agriculture and Food the action she is taking to address the SBP overshoot; if there is a legal entitlement to recoup an overshoot in the 21 month premium; the discussions she has had with the EU commission regarding the issue; and if she will make a statement on the matter. [11360/05]

Ireland's quota under the special beef premium scheme is 1,077,458 animals, comprising animals in the bull-first age categories. Under the provisions of Council Regulation (EC) No 1254/1999, where the quota is breached in respect of the bull-first age category, the overshoot must also be applied to the second age category animals. This is not a new provision and it also applied when the overshoot reduction was applied in respect of the 2002 scheme.

The extent of the overshoot of the national quota for the special beef premium scheme and the numbers of farmers who will receive a reduced payment can only be definitively established when all applications are fully processed. This processing involves computer validation and, where errors or inconsistencies are highlighted in such validation, those cases require individual attention. Therefore, it will be appreciated that given the volumes of applications involved, it will take further time to establish the definitive level of quota overshoot, as ineligible animals and animals applied on in excess of each applicant's stocking density limit of 1.8 livestock units per hectare will have to be excluded from the overshoot calculation.

My objective is to make balancing payments to special beef, suckler cow and slaughter premium applicants, affected by the quota excess, at an early date based on an estimated special beef premium scheme overshoot. A final residual payment can issue in respect of the special beef premium when the exact quota position has been established.

I will continue to explore all aspects of the quota overshoot problem, bearing in mind the provisions of the EU governing regulations for the special beef premium scheme.

Some 220,000 balancing payments totalling over €98 million have already issued to farmers under the 2004 suckler cow, special beef and slaughter premium schemes — these payments have been made to farmers who applied for no more than 25 special beef premium animals.

Question No. 219 withdrawn.

Jim O'Keeffe

Ceist:

220 Mr. J. O’Keeffe asked the Minister for Agriculture and Food if the level of single payment will be reviewed for a person (details supplied) in County Cork. [11487/05]

A certificate of provisional entitlements under the single payment scheme issued to the person named on 7 October 2004. This statement included a detailed breakdown of how the provisional entitlements were calculated.

Farmers are advised that, if not satisfied that the statement is correct, they may seek a review by completing a provisional entitlements review form which is available from all local offices of my Department and from my Department's website.

To date a review form has not been received from the person named.

Work Permits.

Jim O'Keeffe

Ceist:

221 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the procedures involved for non-nationals working here on work permits in applying for citizenship. [11485/05]

It is open to any non-national to apply for a certificate of naturalisation if he or she satisfies the statutory criteria set out in the Irish Nationality and Citizenship Act 1956, as amended.

A general precondition is that the applicant worker must have been lawfully resident in the State for a continuous period of one year immediately before the date of application and for a total of four years during the eight years immediately preceding that year.

Asylum Applications.

Jerry Cowley

Ceist:

222 Dr. Cowley asked the Minister for Justice, Equality and Law Reform if he will review the case of a person (details supplied); and if he will make a statement on the matter. [10353/05]

This case came under the terms of the Dublin II regulations, formerly the Dublin Convention. The regulation is intended to prevent the phenomenon of "asylum shopping" across Europe and sets out criteria for determining which member state is responsible for examining an asylum application. At the same time it guarantees applicants that one state will process their application, thereby preventing the creation of "refugees in orbit", a situation which had pertained in Europe prior to its introduction in 1995. Under the Dublin Convention and now the Dublin II regulations, the office of the refugee applications commissioner can, on the basis of the relevant criteria, request another state to accept responsibility for an asylum application and have it processed in that other state.

The woman referred to by the Deputy and her two daughters made an asylum claim in Ireland on 28 November 2003. Following investigation, it was determined by the office of the refugee applications commissioner, and later upheld on appeal by the office of the refugee appeals tribunal, that the UK was the appropriate country pursuant to the provisions of the regulation to process the family's application as the woman concerned had already made an asylum claim there in March 2003. She was kept informed of developments throughout the course of her asylum application in Ireland and would have been made aware of the consequences of it coming under the terms of the Dublin II regulation.

The UK accepted responsibility for the case and the woman and her daughters were transferred to Heathrow Airport, London, by the Garda National Immigration Bureau on 8 July 2004. It is for the UK, and not Ireland, to examine the woman's asylum claim and afford her and her children any protection status they may require.

Coroners Service.

Jerry Cowley

Ceist:

223 Dr. Cowley asked the Minister for Justice, Equality and Law Reform if he will make urgent changes to the Coroners Act in view of the case of a person (details supplied); his views on whether the Act is adequate to deal with the proper evaluation of the situation; his further views on whether urgent reform of the Act is necessary to address this situation before there are further fatalities; his further views on whether €6.35 is an adequate penalty for a person who refuses to attend a coroners court when summonsed to do so; his further views on whether this second fatality would not have occurred had adequate provision been made before now in the Coroners Act; and if he will make a statement on the matter. [11008/05]

I refer the Deputy to my response to Question No. 81 answered along with Questions Nos. 96, 137 and 743 of yesterday's date.

Garda Transport.

Paul Kehoe

Ceist:

224 Mr. Kehoe asked the Minister for Justice, Equality and Law Reform the reason for the delay in replacing the desperately needed Garda marked car for a location (details supplied) in County Wexford; and the action being taken to provide an immediate replacement; and if he will make a statement on the matter. [11297/05]

I have been informed by the Garda authorities that the vehicle in question, a 1.6 Ford Focus marked patrol car, was crashed on 28 November 2004. Due to the damage sustained, the vehicle was written-off.

In the event of a Garda vehicle being involved in an accident, the Garda driver forwards a completed MT15 form to the fleet management section. The MT15 is a preliminary report of the accident, which notifies the fleet management section of the occurrence of the accident and the circumstances surrounding that accident. The public service vehicle inspector then assesses the damage to determine the viability of repairing or replacing the vehicle. The normal procedures that apply, should the vehicle be deemed a write-off, is that a new vehicle will be issued as soon as possible, subject to availability. If a new vehicle is not available immediately, a temporary replacement may be issued, pending the availability of new vehicles.

As an acceptable replacement vehicle was not yet available a loan car was assigned to the area on a temporary basis on 11 February. In the intervening period, between the accident and 11 February, a vehicle from an outlying station in the Gorey district was used. The loan car was subsequently replaced by a new Opel Astra marked patrol car on 7 April.

I am further informed that the Opel Astra will be replaced by a 1.6 Opel Vectra within the next two weeks, or sooner, depending on availability.

Garda Deployment.

Fergus O'Dowd

Ceist:

225 Mr. O’Dowd asked the Minister for Justice, Equality and Law Reform the number and location of community gardaí in the Louth and Meath areas; and if he will make a statement on the matter. [11298/05]

I have been informed by the Garda authorities, which are responsible for the detailed allocation of resources, including personnel, that the number and location of all community gardaí attached to Garda stations in the Louth-Meath division, as at 12 April 2005, was as set out in the following table.

District

Sergeants

Gardaí

Drogheda

0

1

Dundalk

1

3

Ashbourne

0

3

Balbriggan

0

1

Navan

0

3

Total

1

11

In relation to Garda resources generally, I am very pleased 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 a commitment in An Agreed Programme for Government in this regard. This is a key commitment in the programme for Government, and its implementation will significantly strengthen the operational capacity of the force.

The Commissioner will now be drawing up plans on how best to distribute and manage these additional resources. In this context, the needs of the Louth-Meath division will be fully considered within the context of the needs of Garda divisions throughout the country. Clearly, the additional resources will be targeted at the areas of greatest need, as is envisaged in the programme for Government. The programme identifies particular 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. I have already promised that the additional gardaí will not be put on administrative duties. They will be put directly into frontline, operational, high-visibility policing. They will have a real impact.

Citizenship Applications.

John McGuinness

Ceist:

226 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform if he will expedite an application for post-nuptial citizenship in the name of a person (details supplied) in County Kilkenny; and the reason for the delay in dealing with this application. [11299/05]

A declaration of acceptance of Irish citizenship as post nuptial citizenship was received in the citizenship section of my Department on 13 October 2004 from the person referred to in the Deputy's question.

The current average processing time for such declarations is approximately ten months from the date of lodgement. Declarations are processed in chronological order save in very exceptional circumstances. Since no such circumstances have been put forward in this instance, I consider it would be inappropriate to expedite it. It is likely that the processing of the declaration of the person will be finalised by August 2005. I will advise the Deputy and the applicant when the matter has been concluded.

Visa Applications.

Gay Mitchell

Ceist:

227 Mr. G. Mitchell asked the Minister for Justice, Equality and Law Reform when an application by the spouse of a person (details supplied) in Dublin 12 will be processed and a decision communicated to the person concerned; and if he will make a statement on the matter. [11339/05]

The visa application referred to by the Deputy was received by my Department on 8 March 2005.

In the interests of fairness, all visa applications are dealt with strictly in date received order unless there are extenuating circumstances which would warrant prioritisation. On the basis of the information supplied to my Department, no such circumstances appear to exist in this case.

As visa applications take, on average, four to six weeks to process, a decision should be expected to be reached in this case in the near future. The applicant will be notified of any decision as soon as possible. The decision will also be available on my Department's website, www.justice.ie via the visa decisions link.

Garda Deployment.

Fergus O'Dowd

Ceist:

228 Mr. O’Dowd asked the Minister for Justice, Equality and Law Reform the number of gardaí stationed in the Drogheda area; the number stationed each year since 2000; and if he will make a statement on the matter. [11340/05]

Fergus O'Dowd

Ceist:

229 Mr. O’Dowd asked the Minister for Justice, Equality and Law Reform if there are plans to provide extra community gardaí for the town of Drogheda; and if he will make a statement on the matter. [11341/05]

I propose to take Questions Nos. 228 and 229 together.

I have been informed by the Garda authorities, which are responsible for the detailed allocation of resources, including personnel, that the personnel strength of Drogheda Garda district as at 31 March 2000, 2001, 2002, 2003 and 2004 and as at 12 April 2005 was as set out in the following table.

Date

Strength

31/03/00

108

31/03/01

109

31/03/02

111

31/03/03

106

31/03/04

103

12/04/05

108

The number of community gardaí attached to Drogheda Garda station in one member at garda rank. I have been informed that local Garda management has currently no plans to increase the number of gardaí involved in community policing at Drogheda.

Garda personnel assigned to Drogheda, together with overall policing arrangements and operational strategy are continually monitored and reviewed. Such monitoring ensures that optimum use is made of Garda resources and the best possible service is provided to the public.

In relation to Garda resources generally, I am very pleased 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 a commitment in An Agreed Programme for Government in this regard. This is a key commitment in the programme for Government, and its implementation will significantly strengthen the operational capacity of the force.

The Commissioner will now draw up plans on how best to distribute and manage these additional resources. In this context, the needs of Drogheda Garda station will be fully considered within the context of the needs of Garda districts throughout the country. Clearly, the additional resources will be targeted at the areas of greatest need, as is envisaged in the programme for Government. The programme identifies particular 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. One thing I have already promised is that the additional gardaí will not be put on administrative duties. They will be put directly into frontline, operational, high-visibility policing. They will have a real impact.

Coroners Service.

Richard Bruton

Ceist:

230 Mr. Bruton asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the fact that there is no obligation on a coroner to hear the views of the next of kin of a deceased person before reaching a decision on whether to hold an inquest; if his attention has further been drawn to the fact that penalty provisions within the Coroners Act are totally outdated; when he will introduce revised legislation in Dáil Éireann to deal with the Coroners Service; and if it will deal with these issues. [11382/05]

I refer the Deputy to my response to Questions Nos. 81, 96, 137 and 743 of 12 April 2005.

Deportation Orders.

Paul McGrath

Ceist:

231 Mr. P. McGrath asked the Minister for Justice, Equality and Law Reform the number of deportation orders granted in each of the past ten years; the number of these which have been fulfilled; the reason for the failure to fulfil and implement the remainder; the status and location of the illegal immigrants against whom deportation orders have not yet been fulfilled; and if he will make a statement on the matter. [11383/05]

I refer the Deputy to the reply I gave to Questions Nos. 100 and 712 on Tuesday, 12 April 2005. The following table contains details of the numbers of deportation orders made and effected since the commencement of the Immigration Act 1999 in November, 1999.

Year

Deportation orders made1999-31 March 2005

Deportation orders effected1999-31 March 2005

1999

101

6

2000

940

187

2001

2,025

365

2002

2,430

521

2003

2,411

590

2004

2,915

599

2005 (to 31 March)

448

74

Prior to the commencement of the Immigration Act 1999, deportation orders were made pursuant to the provisions of Article 13(1) of the Aliens Order 1946. This legislation was found to be unconstitutional by the courts in the Laurentiu case of 1999 and was replaced in November 1999 by the current Immigration Act. Statistics for years prior to 1999 are not readily available, but the number of deportation orders made and effected in those years would have been small.

The status and location of those with deportation orders which have not been effected by the Garda National Immigration Bureau is as set out in my earlier replies referred to above.

I should also say that in the same period, November 1999 to March 2005, 2,580 persons have returned home voluntarily before a final determination was made about their asylum applications or before a decision was made on whether to deport them.

Refugee Status.

Aengus Ó Snodaigh

Ceist:

232 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if, in the interests of fairness, he will reconsider his decision retroactively to apply the three-year residency requirement for refugees applying for Irish citizenship to those whose applications were made but not finally determined prior to May 2004. [11473/05]

There has been no change in policy regarding the determination of applications for naturalisation from persons who have applied for or been granted a declaration under the provisions of section 17 of the Refugee Act 1996. Persons who have been granted refugee status have a statutory entitlement to reside in the State regardless of whether they are Irish citizens.

Residency Permits.

Aengus Ó Snodaigh

Ceist:

233 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the number of applications for leave to remain here on the basis of humanitarian and compassionate grounds which he has reviewed since assuming office, by country; the number he has approved and the number he has rejected, by country; and if he maintains a record of the reasons for his decisions. [11474/05]

Leave to remain, outside that granted on the grounds of parentage of an Irish born child or marriage to an Irish or EU national, is considered in the context of deciding whether to deport a non-national. It is considered, irrespective of whether an application or representations are made to the Minister. In deciding every case the Minister must have regard to the relevant legislation, which is section 3(6) of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996 relating to prohibition of refoulement. Leave to remain is granted as a consequence of deciding not to make a deportation order, after considering the particular facts and circumstances of each individual case, including any representations made by or on behalf of the person concerned. The grounds for granting leave to remain are therefore many and varied and are not just limited to humanitarian and compassionate considerations alone. A statistical record of such reasons is not maintained by my Department.

The following table outlines the number of cases considered and the outcomes of those decisions since I took office on 6 June 2002.

Year

Number of cases considered

Number of deportation orders made

Number granted leave to remain

2002 From 6 June

1,215

1,119

96

2003

2,497

2,411

86

2004

3,090

2,915

175

2005 To 31 March

463

448

15

Total

7,265

6,893

372

Given the number of decisions, it would involve a disproportionate use of staff resources and time to provide a detailed breakdown by country of the hundred or more nationalities involved.

Sentencing Policy.

Aengus Ó Snodaigh

Ceist:

234 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform his views on the need for more consistent sentencing in sexual assault cases and training for the judges who hear them. [11477/05]

The traditional approach to sentencing is for the Oireachtas to lay down by law the maximum penalty appropriate to a particular offence and for the courts, having considered all the circumstances of a case, to impose an appropriate penalty up to that maximum. This approach reflects the doctrine of the separation of powers. The courts are, subject only to the Constitution and the law, independent in the exercise of their judicial functions. While the Legislature lays down the possible punishment range, it is for the courts to exercise discretion in deciding the punishment while taking account of all the circumstances of the case and the offender.

In general, the penalties for sexual offences are very severe. Life imprisonment is the maximum penalty for rape and other serious sexual offences. The maximum sentence for sexual assault was increased to allow for cases where a number of assaults took place over an extended period of time. The Sex Offenders Act 2001 provides for a maximum sentence of ten years for sexual assault of a person aged over 17, and 14 years where the victim is under 18.

Insofar as consistency of sentencing is concerned, the Criminal Justice Act 1993 provides that the Director of Public Prosecutions may, where it appears to him that a sentence imposed by a court is unduly lenient, apply to the Court of Criminal Appeal to review the sentence. The Director of Public Prosecutions is totally independent in the carrying out of his functions.

The Courts and Court Officers Act 1995 enables me, as Minister, to provide funds for judicial training courses arranged by the Judiciary. In this regard, funds are made available to the Judicial Studies Institute, which was established by the Chief Justice for the purposes of judicial training. I understand that the issue of sentencing has been examined by the institute in the context of its training programme.

School Staffing.

Billy Timmins

Ceist:

235 Mr. Timmins asked the Minister for Education and Science the plans she has to improve the staffing levels at a school (details supplied) in County Wicklow; and if she will make a statement on the matter. [11284/05]

The mainstream staffing of a primary school is determined by applying the enrolment of the school on the 30 September of the previous school year to a staffing schedule, agreed between my Department and the education partners. The system for allocating teachers to primary schools is based on ensuring an overall maximum class of 29 in each school. Where some classes in a school have class sizes of greater than 29, it is generally because a decision has been taken at local level to use their teaching resources to have smaller numbers in other classes.

In accordance with the staffing schedule, the staffing of the school referred to by the Deputy for the school year 2004-05 is a principal and 15 mainstream class teachers based on an enrolment of 439 pupils at 30 September 2003. In addition the school has one resource post, one learning support post and a temporary language support post.

My Department will finalise the staffing schedule for the 2005-06 school year shortly and thereafter notify school boards of management. According to data submitted to my Department by the board of management, the enrolment on 30 September 2004 in the school was 436 pupils. The staffing for the 2005-06 school year will be determined on the basis of this figure and in accordance with the agreed staffing schedule.

As outlined in primary circular 19/02, an independent appeals board was established to adjudicate on appeals from boards of management on mainstream staffing allocations in primary schools. The appeals board operates independently of the Minister and my Department and its decision is final. Appeals must be submitted to primary payments section, Department of Education and Science, Athlone, on the standard application form, clearly stating the criterion under which the appeal is being made, after the schedule for the 2005-06 school year has issued.

I trust that the Deputy is aware of the proposed new system for resource teacher allocation, which involves a general allocation for all primary schools to cater for pupils with higher incidence special educational needs: borderline mild and mild general learning disability and specific learning disability. This system also applies to those with learning support needs who are functioning at or below the tenth percentile on a standardised test of reading and-or mathematics. My Department is reviewing the proposal to ensure that it provides an automatic response for pupils with common higher incidence special educational needs. The review involves consultation with educational interests including the National Council for Special Education before it is implemented in September 2005.

School Placement.

Brian O'Shea

Ceist:

236 Mr. O’Shea asked the Minister for Education and Science if school places will be secured for persons (details supplied) in County Waterford; and if she will make a statement on the matter. [11285/05]

The National Educational Welfare Board is aware of the circumstances referred to by the Deputy and is currently working with the family and with schools in the area to secure school places for the children in question. The family have been advised regarding their entitlement to appeal a decision of suspension for more than 20 days in a school year to the Secretary General of my Department, under section 29 of the Education Act 1998. However, to date, no such appeal has been received in my Department.

Pupil-Teacher Ratio.

Michael Noonan

Ceist:

237 Mr. Noonan asked the Minister for Education and Science if she has examined the submission made to her by the INTO for smaller class sizes and for the replacement of unqualified primary teachers with qualified teachers; if she has responded to the INTO; and if she will make a statement on the matter. [11286/05]

I am aware of the INTO's position on these matters. The system for allocating teachers to primary schools is based on ensuring an overall maximum class of 29 in each school. Where some classes in a school have class sizes of greater than 29 pupils, it is generally because a decision has been taken at local level to use the school's teaching resources to have smaller numbers in other classes.

Significant improvements have been made in this area in recent years. The average class size at primary level is now 23.9, down from 26.6 in 1996-97. The pupil teacher ratio, which includes all the teachers in the school including resource teachers, has fallen from 22.2:1 in the 1996-97 school year to 17.44:1 in 2003-04. More than 4,000 additional teachers have been employed in our primary schools since 1997. These additional teaching posts have been used to reduce class sizes, to tackle educational disadvantage and to provide additional resources for children with special needs. Significantly smaller class sizes have been introduced in disadvantaged schools involved in the Giving Children an Even Break-Breaking the Cycle programme, with approximately 47,700 pupils in 243 participating schools availing of reduced class sizes of either 15 or 20 pupils per class.

In line with Government policy, I am committed, to delivering further reductions in class sizes for our schools. I have informed the INTO that priority must, and will, be given to children with special needs and those in disadvantaged areas. The recruitment and appointment of teachers to fill vacancies in an individual school is a matter for the board of management of the school concerned. Unqualified teachers should only be employed in exceptional circumstances and when all avenues for recruiting qualified personnel have been exhausted. The primary sector has experienced a shortage of trained teachers in recent years, mainly as a result of the large number of posts created to reduce class sizes, to cater for pupils in disadvantaged areas and to provide for those with special educational needs. The difficulties being experienced are aggravated by the number of teachers availing of career breaks and job sharing schemes.

My Department introduced a range of measures to address the shortage of qualified teachers and the number of unqualified teachers in our schools has significantly reduced. My officials will shortly be contacting all schools employing unqualified teachers with regard to recruitment of qualified personnel for the coming school year. I am committed to ensuring that the shortage of qualified teachers will be eliminated as speedily as possible and in this context my Department will continue to consider new initiatives and keep existing initiatives under review.

Third Level Colleges.

Fergus O'Dowd

Ceist:

238 Mr. O’Dowd asked the Minister for Education and Science the position regarding the provision of a third level college for Drogheda; and if she will make a statement on the matter. [11287/05]

I have not received any proposal in regard to the provision of a third level college for Drogheda and therefore I am not in a position to make a statement on the matter.

Millennium Fund.

Mary Upton

Ceist:

239 Dr. Upton asked the Minister for Education and Science the reason the millennium fund has been transferred from the area partnerships to the Higher Education Authority; the way in which the new scheme will be advertised to potential persons; and if she will make a statement on the matter. [11301/05]

The national office for equity of access to higher education proposed by the action group on access to third level education has been established within the Higher Education Authority and has been fully operational since February 2004. The remit of the national office is to facilitate inclusive and equitable access to higher education from under-represented groups and promote improved participation by students from socio-economically disadvantaged backgrounds, students with a disability and mature "second-chance" students. The national office is now responsible for access measures formerly handled by the Department, namely, the student assistance fund, the fund for students with disabilities and the millennium partnership fund for disadvantage.

Area Development Management, ADM, Limited, under whose aegis the area partnerships operate, has administered the fund since its introduction in the 2001-02 academic year and has continued to do so since the establishment of the national office. The millennium partnership fund for disadvantage provides assistance to partnership companies and community groups to develop their own support schemes for students from disadvantaged families.

The national office has commenced a review of all existing spending programmes to widen access. A review of the millennium fund was commissioned by the national access office as part of the overall review of funding programmes which is being carried out as part of the national plan for achieving equity of access to higher education. A report has been prepared and is being examined by the national office for equity of access in the context of its overall review of funding programmes.

School Closures.

Michael Ring

Ceist:

240 Mr. Ring asked the Minister for Education and Science the reason a school (details supplied) is closing; and if she will consider leaving this school open. [11313/05]

The future viability of the school referred to by the Deputy is a matter of concern to my Department in view of the low and declining enrolment. The school has a current enrolment of seven pupils. The school authorities have been issued notification in accordance with section 11 of the Education Act 1998, that it is proposed to withdraw recognition from the school. Section 11 of the Act also provides for a period of three months during which time I will consider any representations made by the board, the patron, the teachers or the parents concerned. It is, therefore, open to the school community to exercise that provision in the legislation.

Ultimately, if having considered such representations, I, as Minister remain of the opinion that the number of pupils attending or likely to attend the school is such, or is likely to be such as to make the school unviable, then recognition will be withdrawn with effect from the end of June 2006. In the event that recognition is withdrawn from the school alternative and appropriate education facilities will be made available for those pupils who are enrolled in the school on that date and require those facilities.

Pupil-Teacher Ratio.

Paul Kehoe

Ceist:

241 Mr. Kehoe asked the Minister for Education and Science the steps she has taken to reduce the pupil teacher ratio in primary schools following the programme for Government of 2002; the average pupil-teacher ratio for primary schools at that time; the pupil-teacher ratio now; and if she will make a statement on the matter. [11314/05]

The Deputy should note that significant steps have been made in this area in recent years. The pupil-teacher ratio, which includes all the teachers in the school, including resource teachers, has fallen from 18:1 in the 2002-03 school year to a projected 17.4:1 in the current school year.

More than 4,000 additional teachers have been employed in our primary schools since 1997 when the pupil-teacher ratio was 22.2:1. These additional teaching posts have been used to reduce class sizes, tackle educational disadvantage and provide additional resources for children with special needs.

In line with Government policy my Department will continue to provide further reductions in the pupil teacher ratio within available resources and subject to spending priorities within the education sector. Priority will be given to pupils with special needs, those from disadvantaged areas and those in junior classes.

Schools Refurbishment.

Gay Mitchell

Ceist:

242 Mr. G. Mitchell asked the Minister for Education and Science if she will include funding for schools (details supplied) in Dublin 10 in the summer works scheme; and if she will make a statement on the matter. [11315/05]

The schools referred to by the Deputy made a joint application under the summer works scheme 2005 but were unsuccessful as the application was not accompanied by the necessary consultant's report. The appeal by the schools and subsequent professional's report is being re-assessed in the school planning section of my Department. Contact will be made directly with the school authorities when a decision is taken on the matter.

School Staffing.

Gay Mitchell

Ceist:

243 Mr. G. Mitchell asked the Minister for Education and Science if an appointment of one extra class teacher at a school (details supplied) in Dublin 8 will be made by September 2005; when she expects the class sizes at this school to meet the target in the programme for Government of 2002; and if she will make a statement on the matter. [11316/05]

The mainstream staffing of a primary school is determined by applying the enrolment of the school on 30 September of the previous school year to a staffing schedule agreed between my Department and the education partners. The system for allocating teachers to primary schools is based on ensuring an overall maximum class of 29 in each school. Where some classes in a school have class sizes of greater than 29, it is generally because a decision has been taken at local level to use their teaching resources to have smaller numbers in other classes.

In accordance with the staffing schedule, the staffing of the school referred to by the Deputy for the school year 2004-05 is a principal and five mainstream class teachers based on an enrolment of 155 pupils at 30 September 2003. In addition, the school has an extra mainstream class teacher due to its developing status. The school also has one resource post and one temporary language support post. My Department will finalise the staffing schedule for the 2005-06 school year shortly and thereafter notify school boards of management.

According to data submitted to my Department by the board of management of the school, the enrolment on 30 September 2004 was 180 pupils. The staffing for the 2005-06 school year will be determined on the basis of this figure and in accordance with the agreed staffing schedule. Significant improvements have been made to the pupil-teacher ratio at primary level, which has fallen from 22.2:1 in the 1996-97 school year to 17.44:1 in the 2003-04 school year. In line with Government policy, my Department will continue to provide further reductions in the pupil teacher ratio within available resources and subject to spending priorities within the education sector. Priority will be given to pupils with special needs, those from disadvantaged areas and those in junior classes.

School Transport.

Liam Aylward

Ceist:

244 Mr. Aylward asked the Minister for Education and Science if she will approve the application for school transport for children residing in the Barracore and Doninga area of County Kilkenny (details supplied); and if she will make a statement on the matter. [11317/05]

The provision of transport to the school referred to by the Deputy in the details supplied is under consideration.

School Accommodation.

Seán Ó Fearghaíl

Ceist:

245 Mr. Ó Fearghail asked the Minister for Education and Science her Department’s plans to deal with the additional demands that have arisen for primary school places in Droichead Nua; if there is active engagement between the planning unit of her Department and the planning section of Kildare County Council; if, in view of the inability of the local Catholic schools to meet the existing demand, she envisages the construction of a new Catholic primary school in the area; and if she will make a statement on the matter. [11318/05]

The school planning section of my Department is responsible for planning the provision of suitable cost effective accommodation to underpin the delivery of first and second level education. Key functions of the section are ensuring that there are sufficient pupil places available at first and second level schools and that the use of existing accommodation is optimised. Active engagement with local authorities, particularly in rapidly developing areas such as County Kildare, is a critical element of planning the timely delivery of adequate school provision.

Officials from the school planning section have in recent months met with officials from Kildare County Council with regard to monitoring demographic changes and assessing the likely impact of planned new developments in County Kildare on school provision in the area. An application from the St. Conleth's Parish, Newbridge, under the patronage of the Bishop of Kildare, to establish a new primary school in the Newbridge area for September 2005 is one of a number of applications being assessed by the new schools advisory committee. A decision on the application will be communicated to the patron body and made public shortly.

School Staffing.

David Stanton

Ceist:

246 Mr. Stanton asked the Minister for Education and Science the number of schools that have received notification from her Department indicating that schools are over staffed as a result of the impact of the new circular for special needs, DES Circular SP.ED. 01/05; the impact this circular will have on small schools in particular; and if she will make a statement on the matter. [11319/05]

The circular referred to by the Deputy relates to issues concerning the establishment of and the transfer of certain functions to the National Council for Special Education, NCSE.

I take it that the Deputy is referring to the proposed new system of resource teacher allocation to primary schools. In light of the reality that pupils in the high incidence disability categories of mild and borderline mild general learning disability and dyslexia are distributed throughout the education system, my Department, in consultation with educational interests, developed a general model of resource teacher allocation to schools to support students in these disability categories. This model, which was announced by my predecessor in 2004 to come into effect from September 2005, was designed to put in place a permanent resource in primary schools to cater for pupils in these categories. DES Circular SP ED 09/04, which issued to schools in June 2004, introduced this new model.

The model was constructed so that allocations would be based on pupil numbers, taking into account the differing needs of the most disadvantaged schools and the evidence that boys have greater difficulties than girls in this regard.

The advantages of using a general allocation model are as follows: it facilitates early intervention as the resource is in place in the school when the child enrols; it reduces the need for individual applications and supporting psychological assessments; it puts resources in place on a more systematic basis, thereby giving schools more certainty about their resource levels; it gives more security to special education teaching posts and makes special education teaching a more attractive option; it allows flexibility to school management in the deployment of resources, leading to a more effective and efficient delivery of services and it will automatically adjust a school's general allocation on the basis of changing enrolment.

This is a model for resource allocation to schools. These resources may in turn be allocated, as appropriate by schools to those pupils with special educational needs in the categories mentioned and to pupils with learning support requirements.

I have made it clear that while I am in favour of using a general allocation model for the reasons I have given, I am conscious of the particular difficulties that the model announced last year could cause for small and rural schools if implemented as originally announced. For this reason, I have asked my Department to conduct a review of the model announced last year. The review will be completed in the coming weeks and its outcome will be announced in time to be implemented for the next school year.

School Enrolments.

Michael Lowry

Ceist:

247 Mr. Lowry asked the Minister for Education and Science if she will reconsider the use of primary circular 32/03; and if she will make a statement on the matter. [11320/05]

My Department's policy regarding the retention of pupils in primary schools is set out in primary circular 32/03 which issued to all primary schools in December 2003.

Under my Department's policy, pupils should only repeat a year for educational reasons and under no circumstances should an additional grade level, middle infants or a repeat sixth class, operate through the retention of all or a substantial number of pupils for a second year at a grade level. The level of provision now available should enable pupils to make progress in keeping with their needs and abilities and to move consecutively through the different class levels in the school in keeping with their peers.

In addition, pupils who have completed sixth class must not transfer to another primary school to repeat sixth class. In the event that a school were to enrol pupils from another school to repeat sixth class the pupils shall not be included as eligible pupils for staffing and other purposes. Capitation and other grants in respect of such pupils shall not be paid.

The primary school curriculum is designed as an eight-year course, including a two-year infant cycle followed by six years in standards from first to sixth, with children progressing to the next grade at the end of each school year.

I am aware that there may be individual cases where a principal teacher, following consultation with the learning support teacher or resource teacher and class teacher and parent or parents of the pupil may conclude that a pupil would benefit educationally by repeating a grade level. In such cases, as outlined in circular 32/03, my Department would allow the retention provided there is an educational basis for it, and there is a clear programme for the pupil to follow.

The compulsory school starting age in a national school is six years of age and rule 64(1) of the rules for national schools provides that a child must be at least four years of age before she or he may be enrolled in a national school.

In accordance with the rules and programme for secondary schools, a child may be enrolled as a recognised pupil in a post-primary school provided that he or she is not less than 12 years of age on 1 January of the school year and who has, as a rule, completed a full course of primary education. There are no plans at present to review circular 32/03.

School Staffing.

Simon Coveney

Ceist:

248 Mr. Coveney asked the Minister for Education and Science when a school (details supplied) in County Cork will be granted the resource teacher applied for. [11321/05]

The school referred to by the Deputy currently has the services of a shared learning support teacher based in the school together with part-time resource teaching hours.

I take it that the Deputy is referring to the resource teacher allocation that will be available to the school following the introduction of the proposed new model of resource teacher allocation. In light of the reality that pupils in the high incidence disability categories of mild and borderline mild general learning disability and dyslexia are distributed throughout the education system, my Department, in consultation with educational interests, developed a general model of resource teacher allocation to schools to support students in these disability categories. This model, which was announced by my predecessor in 2004 to come into effect from September 2005, was designed to put in place a permanent resource in primary schools to cater for pupils in these categories.

The model was constructed so that allocations would be based on pupil numbers, taking into account the differing needs of the most disadvantaged schools and the evidence that boys have greater difficulties than girls in this regard.

The advantages of using a general allocation model are as follows: it facilitates early intervention as the resource is in place in the school when the child enrols; it reduces the need for individual applications and supporting psychological assessments; it puts resources in place on a more systematic basis, thereby giving schools more certainty about their resource levels; it gives more security to special education teaching posts and makes special education teaching a more attractive option; it allows flexibility to school management in the deployment of resources, leading to a more effective and efficient delivery of services and it will automatically adjust a school's general allocation on the basis of changing enrolment.

I have made it clear that while I am in favour of using a general allocation model for the reasons I have just given, I am conscious of the particular difficulties that the model announced last year could cause for small and rural schools if implemented as originally announced.

For this reason I have asked my Department to conduct a review of the model announced last year. The review will be completed in the coming weeks and its outcome will be announced in time to be implemented for the next school year. At that stage all schools, including the school referred to by the Deputy, will be informed of their allocation for the 2005-06 school year.

Denis Naughten

Ceist:

249 Mr. Naughten asked the Minister for Education and Science further to Question No. 43 of 3 February 2005, the conclusions of the review into resource teacher supports in primary schools; and if she will make a statement on the matter. [11356/05]

Denis Naughten

Ceist:

250 Mr. Naughten asked the Minister for Education and Science the action she is taking to ensure that no primary school pupil has less resource teacher support in 2005-06 academic year when compared with the current year; and if she will make a statement on the matter. [11357/05]

Denis Naughten

Ceist:

251 Mr. Naughten asked the Minister for Education and Science the action she is taking to ensure that children with dyslexia receive adequate resource teacher support in 2005-06 academic year; and if she will make a statement on the matter. [11358/05]

I propose to take Questions Nos. 249 to 251, inclusive, together.

The review of the proposed model of resource teacher allocation to primary schools is ongoing. The outcome of the review will be announced in the coming weeks, in time to be implemented for the next school year. My objective is to ensure that the revised model provides an automatic response for pupils with common mild learning disabilities, including dyslexia, while at the same time ensuring that pupils currently in receipt of service continue to receive a level of service appropriate to their needs.

Special Educational Needs.

Emmet Stagg

Ceist:

252 Mr. Stagg asked the Minister for Education and Science if a special needs assistant and resource teaching hours presently allocated to a person will remain available to the person on transfer from one national school to another (details supplied); if she will ensure that such resources continue to be allowed to the person in question; and if she will make a statement on the matter. [11365/05]

The Deputy will be aware that the National Council for Special Education, NCSE, which was established recently and which has been operational since 1 January 2005, is responsible for processing applications for special educational needs, SEN, supports.

A total of 71 special educational needs organisers, SENOs, have been recruited throughout the country and will be a focal point of contact for schools and parents.

My officials have been in contact with the NCSE and arrangements are being made to have the local SENO contact the school regarding the matter.

Site Acquisitions.

Paul McGrath

Ceist:

253 Mr. P. McGrath asked the Minister for Education and Science the location, site size and cost of all school sites, throughout the State, acquired in each of the past five years; and if she will make a statement on the matter. [11367/05]

Details regarding the school sites acquired by my Department over the past five years are being compiled at present and will be forwarded directly to the Deputy.

Schools Building Projects.

Paul McGrath

Ceist:

254 Mr. P. McGrath asked the Minister for Education and Science if she will report on progress made towards building a sports hall at a college (details supplied) in Dublin 15; and if she will make a statement on the matter. [11368/05]

As part of a review of all projects for the 2005 capital programme, the application for capital funding from the school authority to which the Deputy refers was assessed against the published prioritisation criteria for large scale building projects which were revised last year following consultation with the education partners. Under this review, all projects were assigned a band rating and the progress of individual projects is being considered in the context of the school building programme from 2005 onwards.

School Staffing.

Paul Kehoe

Ceist:

255 Mr. Kehoe asked the Minister for Education and Science the status of the application for a special needs assistant for a person (details supplied) in County Wexford; when a decision will be made available to the school; and if she will make a statement on the matter. [11369/05]

The Deputy may be aware that the National Council for Special Education, NCSE, which was established recently and has been operational since 1 January 2005, is responsible for processing applications for special educational needs, SEN, supports. Seventy-one special educational needs organisers, SENOs, have been recruited throughout the country and will be a focal point of contact for schools and parents.

My Department officials have been informed by the NCSE that an application for SEN support has been received and the matter has been referred to the local SENO for determination. The SENO will be in contact with the school authorities shortly.

School Accommodation.

Paul Kehoe

Ceist:

256 Mr. Kehoe asked the Minister for Education and Science the action which is being taken to reduce classroom sizes to deal with the serious overcrowding at a school (details supplied) in County Wexford; and if she will make a statement on the matter. [11370/05]

The school to which the Deputy refers has an application with my Department's school planning section for a GP room and a home school liaison room. My officials are examining the school's enrolments and have asked the inspector to visit the school and prepare a report on its long-term needs. Following consideration of the inspector's report, my Department will be in contact with the school authorities.

The mainstream staffing of a primary school is determined by applying the enrolment of the school on 30 September of the previous school year to a staffing schedule, agreed between my Department and the education partners.

The system for allocating teachers to primary schools is based on ensuring an overall maximum class of 29 in each school. Where some classes in a school have class sizes of greater than 29, it is generally because a decision has been taken at local level to use their teaching resources to have smaller numbers in other classes.

In accordance with the staffing schedule, the staffing of the school referred to by the Deputy for the school year 2004-05 is a principal and seven mainstream class teachers based on an enrolment of 195 pupils at 30 September 2003. In addition the school has the services of one full-time resource post, a shared resource post and a shared learning support post. My Department will finalise the staffing schedule for the 2005-06 school year shortly and thereafter notify school boards of management.

According to data submitted to my Department by the board of management of the school, the enrolment on 30 September 2004 was 201 pupils. The staffing for the 2005-06 school year will be determined on the basis of this figure and in accordance with the agreed staffing schedule.

Significant improvements have been made to the pupil-teacher ratio at primary level, which has fallen from 22.2:1 in the 1996-97 school year to 17.44:1 in the 2003-04 school year. In line with Government policy, my Department will continue to provide further reductions in the pupil teacher ratio within available resources and subject to spending priorities within the education sector. Priority will be given to pupils with special needs, those from disadvantaged areas and those in junior classes.

I trust that the Deputy is aware of the proposed new system for resource teacher allocation which involves a general allocation for all primary schools to cater for pupils with higher incidence special educational needs — borderline mild and mild general learning disability and specific learning disability. This system also applies to those with learning support needs, that is, functioning at or below the tenth percentile on a standardised test of reading and-or mathematics. My Department is currently reviewing the proposal to ensure that it provides an automatic response for pupils with common higher incidence special educational needs. The review involves consultation with educational interests, including the National Council for Special Education. The revised procedure for providing a general allocation of resource hours to schools will be announced in the coming weeks, in time to be implemented for the next school year.

Irish Language.

Brian O'Shea

Ceist:

257 D’fhiafraigh Mr. O’Shea den Aire Oideachais agus Eolaíochta an bhfuil sé i gceist aici an coibhneas céanna ceapachán múinteoirí atá ag Gaelscoileanna a thabhairt do Scoileanna Gaeltachta ós rud é go bhfuil an coibhneas céanna coinneála acu le cúpla bliain anuas agus anndéanfaidh sí ráiteas ina thaobh. [11390/05]

Cuirfear ceist na scoileanna gaeltachta san áireamh nuair a bheidh na rialacháin maidir le ceapacháin múinteoirí i leith na scoilbhliana 2005-06 á aithbhreithniú.

Brian O'Shea

Ceist:

258 D’fhiafraigh Mr. O’Shea den Aire Oideachais agus Eolaíochta cathain a dhéanfaidh sí cinneadh i dtaobh an Ionaid Oideachais Gaeilge atá molta do Choláiste Íosagáin, Baile Mhúirne, agus cén fath atá leis an moill mhór, ós rud é gur casadh an fód don fhoirgneamh nua i 2000 agus go bhfuil cead pleanála faighte dó agus an ndéanfaidh sí ráiteas ina thaobh. [11391/05]

Tá machnamh á dhéanamh agam faoi láthair ar na roghanna éagsúla a bhaineann le tionscadal an Ionaid. Ba é an plean a bhí ann i dtús báire ná an tionscadal seo a lonnú ar láithreán úrnua. Bhí an tionscadal le cur chun tairsceana agus chun tógála sa bhliain 2004. Ach tháinig ceisteanna aníos maidir leis an láithreán ab fhearr don Ionad agus táthar sin á scrúdú faoi láthair. Nuair a dhéanfar cinneadh faoin méid sin, rachfar ar aghaidh leis an tionscadal tógála a mbeidh gá leis i gcomhthéacs chlár tógála agus athnuachana um fhoirgnimh scoile 2005-09.

Schools Building Projects.

Seán Ó Fearghaíl

Ceist:

259 Mr. Ó Fearghail asked the Minister for Education and Science if her attention has been drawn to the proliferation of temporary accommodation at a school (details supplied) in County Kildare; and her Department’s proposals to upgrade facilities at this school. [11392/05]

The project at the school to which the Deputy refers has been assessed in accordance with the published prioritisation criteria for large scale building projects which were revised last year following consultation with the education partners. Under this review, all projects were assigned a band rating and the progress of individual projects is currently being considered in the context of the school building programme.

The Deputy will be aware that I have made a number of announcements in relation to the 2005 school building programme since the beginning of the year. Last month, I announced details of 43 school projects which are being authorised to proceed to architectural planning immediately. I will be making further announcements on projects which will progress, on a phased basis, into the architectural planning process in the next 12 to 15 months. The proposed project at the school in question will be considered in this context.

Foireann Scoile.

Brian O'Shea

Ceist:

260 D’fhiafraigh Mr. O’Shea den Aire Oideachais agus Eolaíochta ag éirí as Ceist Pharlaiminte 347 an 28 Deireadh Fómhair, cén fáth go mbíonn oidí feabhais Béarla ar fáil i ngnáthscoileanna agus nach mbíonn oidí feabhais Gaeilge ar fáil i nGaelscoileanna; agus an ndéanfaidh sí ráiteas ina leith. [11469/05]

Sa chás go bhfuil scoil ag feidhmiú trí mheán an Bhéarla, ba chóir do na hoidí an tacaíocht foghlama a chur ar fáil thrí Bhéarla sa scoil san. Sa chás go bhfuil scoil ag feidhmiú trí mheán na Gaeilge, ba chóir tacaíocht foghlama a chur ar fáil trí Ghaeilge de réir mar is cuí.

Ba chóir go mbeadh ar chumas gach múinteoir náisiúnta lán-cháilithe, múinteoirí feabhais ina measc, teagasc trí mheán na Gaeilge. Fairissin, tá sé de chúram ar bhoird bainistíochta ghaelscoileanna múinteoirí a fhostú a bhfuil an cumas sin acu. Sa chóimhthéacs sin, níl aon idir-dhealú indéanta idir múinteoir feabhais agus múinteoir ranga.

Adult Education.

Jan O'Sullivan

Ceist:

261 Ms O’Sullivan asked the Minister for Education and Science further to Question No. 604 of 22 March 2005, if her attention has been drawn to the fact that circular PPT 17/04 from her Department to VECs refers only to qualified teachers; if teachers working in the adult education service who are not qualified teachers will receive their right to equality of remuneration and conditions of service for equal work under the Protection of Employees (Part-Time Work) Act 2001; and if she will make a statement on the matter. [11478/05]

The Protection of Employees (Part-Time Work) Act 2001 provides that a part-time employee has a pro rata entitlement to the pay and conditions of employment of a comparable full-time employee.

Circular letter 17/04 refers to the revision of rates of pay for qualified part-time teachers employed by vocational education committees. The revised rates of pay are in accordance with a collective agreement reached in respect of fully qualified part-time teachers and are pro rata the rates of pay of a fully qualified full-time teacher. The collective agreement has been approved by the Labour Court under the relevant provisions of the legislation. The terms of the circular letter do not apply to unqualified teachers employed by VECs. Such teachers are paid a rate of pay which reflects their status as unqualified teachers.

School Transport.

Jan O'Sullivan

Ceist:

262 Ms O’Sullivan asked the Minister for Education and Science if she has considered the request for children in the Mungret, Raheen and Clarina area of County Limerick to be included in the school transport catchment area for a school (details supplied) in County Limerick; and if she will make a statement on the matter. [11479/05]

For the purposes of post-primary education provision, the country is divided into catchment areas. Under the terms of the school transport scheme, a pupil is eligible for school transport if he or she resides 4.8 km or more from the post-primary centre in the catchment area in which they live.

Eligible pupils who wish to attend a post-primary centre other than their appropriate one may be allowed transport on school services from within the catchment boundary of the centre being attended, subject to there being spare accommodation available on the school transport service and provided that no additional State cost is incurred. An eligible pupil who is approved for catchment boundary transport is not guaranteed school transport for the duration of his or her education at that centre. As a concessionary measure, continued transport will depend on the availability of space on the school service to that centre each school term.

The provision of school transport to the school referred to by the Deputy in the details supplied will be considered under the terms of the scheme and in the context of the outcome of the centralised application system for enrolments for pupils in Limerick city.

Departmental Programmes.

Jan O'Sullivan

Ceist:

263 Ms O’Sullivan asked the Minister for Education and Science if she has decided to provide financial support to the Union of Secondary Students for its ongoing costs; and if she will make a statement on the matter. [11480/05]

I met representatives of the Union of Secondary Students recently and discussed the question of financial support from my Department for the union among other matters. I have informed the Union of Secondary Students that I am willing to consider requests from their organisation for financial assistance for specific projects, such as their annual general meeting or the hosting of conferences. I do not think it appropriate for my Department to contribute to the running of a representative body such as USS. My Department does not provide such funding for the Union of Students in Ireland, nor indeed for the teaching unions, but it does for parents.

School Transport.

Jim O'Keeffe

Ceist:

264 Mr. J. O’Keeffe asked the Minister for Education and Science if free school transport will be sanctioned for persons (details supplied) in County Cork. [11481/05]

The children referred to by the Deputy in the details supplied are not eligible for free transport to the school in question as they reside nearer to a school that closed and amalgamated. In the case of amalgamations, the national school children for whom the closed national school would have been the nearest, had it remained open, are eligible for transport to the school of amalgamation only.

However, concessionary fare-paying transport to the school referred to in the details may be considered on the condition that the agreement of the board of management of the school of amalgamation is received and provided there is room available on the service to the school after all fully eligible children have been accommodated.

House Prices.

Fergus O'Dowd

Ceist:

265 Mr. O’Dowd asked the Minister for the Environment, Heritage and Local Government his views on the degree to which investors and owners of second properties have inflated house prices since 1997; his further views on whether measures should be taken to ease this; and if he will make a statement on the matter. [11308/05]

The unprecedented demand for housing, fuelled mainly by rapid economic growth and demographic changes, has been the major driver of house price increases in recent years. While precise information is not available, it is clear that there has been significant activity over this period by investors and owners of second properties. This is to be expected in a growing economy. While at different times and locations this may have an impact on prices, there can be gains in terms of the supply of private rented accommodation, tourist accommodation or the revitalisation of areas.

Against this background, the Government's strategy is to increase housing supply to meet the diverse demand. A particular focus of attention is on measures to improve affordability and access to housing for new households. While we have taken measures in the past to quell demand by limiting potential for investment, this was necessarily short-term in recognition that action undertaken to increase the housing supply would take longer to have effect in order not to disturb the supply of private rented accommodation in the long term. Focussing on sustaining supply at levels to meet demand is the key objective of policy. In this way we seek to bring moderation to house price increases.

The success of these measures is demonstrated by the substantial increase in annual output of newly built houses, which has almost doubled in the past seven years and house prices have moderated somewhat from their high levels in the late 1990s. The consensus among market commentators is that the general trend in moderation of prices is likely to continue in 2005. I am pleased to say indicative data available to the Department suggests strong activity by first-time buyers in the housing market. We will continue to monitor and review housing developments and policies as necessary.

Nuclear Safety.

Billy Timmins

Ceist:

266 Mr. Timmins asked the Minister for the Environment, Heritage and Local Government if his Department has a role in the protection of nuclear materials that may be transported in the State; and if he will make a statement on the matter. [6732/05]

I assume the Deputy refers to radioactive material and devices incorporating radioactive material which are referred to as nuclear devices in the Radiological Protection Act 1991 and are routinely transported by road within the State to hospitals, research laboratories and to or from sites where industrial radiography is performed.

Transportations such as these are regulated under licence from the Radiological Protection Institute of Ireland. The licence obliges the licensee to comply with the International Atomic Energy Agency regulations for the safe transport of radioactive material and any possible additional requirements set out in the licence. Furthermore, in the case of the transportation of very large sources used in medical product sterilisation facilities, the Garda is informed when such transportation is taking place. Transportation of nuclear material, including fissile materials such as uranium 235 or plutonium, does not take place within the State.

Housing Provision.

Arthur Morgan

Ceist:

267 Mr. Morgan asked the Minister for the Environment, Heritage and Local Government the amount of money spent by the State and local authorities on the provision of affordable housing in each of the past five years; and the number of units of affordable housing provided in each of those years. [11289/05]

Total State spending on affordable housing, including non-Exchequer financing, for each of the past five years is set out in the following table.

Information on expenditure by local authorities on the provision of affordable housing is not available in my Department.

2000

2001

2002

2003

2004

€,000

€,000

€,000

€,000

€,000

Totals

144,097

221,153

315,753

300,013

226,694

Information on the number of housing units provided under the various affordable housing schemes in each local authority area is published in my Department's housing statistics bulletins, copies of which are available in the Oireachtas Library and also on the Department's website at www.environ.ie.

Arthur Morgan

Ceist:

268 Mr. Morgan asked the Minister for the Environment, Heritage and Local Government the amount of money spent by the State and local authorities on the provision of social housing in each of the past five years; and the number of units of social housing provided in each of those years. [11290/05]

The total amount of capital expenditure on the local authority housing construction-acquisition programme for the years 2000 to 2004, which is funded by a combination of Exchequer capital grants and local authority internal capital receipts, and expenditure under the voluntary housing schemes is set out in the following table 1. The number of units completed in the years 2000 to 2004 under the local authority housing construction-acquisition programme and under the voluntary housing schemes is set out in the following table 2.

Table 1 — Capital Expenditure on Social Housing 2000-2004

Year

Local Authority Housing Construction/acquisition Programme

Voluntary Housing Expenditure — Capital Assistance & Capital Loan & Subsidy Schemes*

€’000

€’000

2000

419.894

96.854

2001

670.958

142.642

2002

789.719

163.286

2003

695.476

210.685

2004

703.566 (Provisional)

182.526

*Excludes spending on the provision of communal facilities

Table 2 — Social Housing Completions 2000-2004

Year

Local Authority Housing Construction/acquisition Programme

Voluntary Housing — Capital Assistance & Capital Loan & Subsidy Schemes

€’000

€’000

2000

3,207

951

2001

5,022

1,253

2002

5,074

1,360

2003

4,972

1,617

2004

4,510

1,607

Local Authority Funding.

Fergus O'Dowd

Ceist:

269 Mr. O’Dowd asked the Minister for the Environment, Heritage and Local Government the total funding allocated by his Department to the local authorities in County Louth for each year since 2000; and if he will make a statement on the matter. [11348/05]

Information on the outturn for the years 2000-04 of funding provided by my Department to Louth County Council, Drogheda Borough Council and Dundalk Town Council is set out in the following table.

The allocations or estimates of expenditure for 2005 for some programmes have not yet been finalised.

Outturn 2000-2004

Authority

2000

2001

2002

2003

2004

Louth County Council

16,331,965

20,113,583

24,981,145

19,660,551

27,781,923

Drogheda Borough Council

16,453,413

8,576,743

12,405,162

14,012,717

16,156,304

Dundalk Town Council

16,760,002

15,217,023

11,661,527

12,795,792

16,866,313

Voting Arrangements.

Richard Bruton

Ceist:

270 Mr. Bruton asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the fact that some persons with a mental handicap are deemed ineligible to vote; and if arrangements will be put in place in order that such persons are permitted to vote with the assistance of their parent or companion. [11349/05]

Persons whose names are on the register of electors are generally entitled to vote at elections and referenda, according to their citizenship. Detailed requirements in relation to registration, the right to vote and the procedure for voting are set out in electoral law. Implementation of these is a matter for local registration authorities and returning officers, as appropriate.

Under section 103 of the Electoral Act 1992, a voter whose sight is so impaired or who is otherwise so physically incapacitated or who is unable to read or write to such an extent that the person is unable to vote without assistance, may, on request, have his or her ballot paper marked by a companion. My Department has no proposals to alter the current arrangements in this regard.

Housing Provision.

Cecilia Keaveney

Ceist:

271 Cecilia Keaveney asked the Minister for the Environment, Heritage and Local Government the position in relation to an application for sheltered housing by an association (details supplied) in County Donegal; and if he will make a statement on the matter. [11363/05]

I refer to the reply to Question No. 682 of 17 November 2004. Following the receipt of the documentation from Donegal County Council, which is responsible for the detailed administration of the voluntary housing scheme in its area, further clarification has been sought from the council and is awaited. When this is to hand the application will be further considered by my Department and the council will be advised of the outcome as soon as possible.

Bernard J. Durkan

Ceist:

272 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government if he has approved or appraised income limits in respect of eligibility for housing loans under SDA or shared ownership and rehousing directly by the local authority; if any provision has been made in such income limits in respect of non-earning adult or child dependents or if such income limits are applicable regardless of family size and, if so, the way in which this is deemed to be in keeping with the Constitution; and if he will make a statement on the matter. [11364/05]

Over recent years, the Government has introduced a broad range of targeted measures to address equally diverse housing needs. Affordable housing measures seek to support low income households by providing access to housing at discounted prices while housing loans are provided for those who cannot access finance from private institutions. To ensure effective targeting of resources to support households most in need, income limits are applied. The income limits distinguish between single earning households and those with two incomes, but do not take account of family size. Importantly, local authorities take account, in assessing applicants for loans, of the household's ability to finance the loan based on their net household income.

Income eligibility limits for the shared ownership scheme, affordable housing scheme and local authority house purchase loans were increased last year. The limit is now set at €36,800 for a single income household and in the case of a two income household the income test requires that two and a half times the gross income of the principal earner plus once the gross income of the subsidiary earner does not exceed €92,000.

Lower income households who cannot afford to acquire a house in the private market or through an affordable housing scheme may seek social rented accommodation. There is no general income threshold set by my Department. Local authorities are responsible under the Housing Act 1988 for assessing housing needs in accordance with their scheme of letting priorities. In making this assessment, local authorities have regard, inter alia, to the income and family circumstances of the applicant. These arrangements operate to ensure that due account is taken of housing need and personal circumstances, and no constitutional issues arise.

Electronic Voting.

Bernard J. Durkan

Ceist:

273 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government the full extent of the expenditure to date including consultancy, security, storage, public relations or other fees associated with or accruing from the electronic voting debacle; the anticipated expenditure in the future; his plans to protect the taxpayer against liability for such proposals in the future; if action has been taken or is likely to be taken to prevent a reoccurrence; and if he will make a statement on the matter. [11428/05]

Bernard J. Durkan

Ceist:

274 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government the reason expenditure was authorised on the electronic voting proposals in the absence of scientific confirmation on the aspects of verification, integrity, security and reliability; and if he will make a statement on the matter. [11430/05]

Bernard J. Durkan

Ceist:

276 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government if advice in regard to proceeding with electronic voting was sought or received from political advisors, civil servants, public relations consultants or others; if there was conflict in the advice offered; if anyone advised not to proceed with the proposals; if so, the reasons therefor; and if he will make a statement on the matter. [11433/05]

I propose to take Questions Nos. 273, 274 and 276 together.

The Government decided in February 2000 to move to electronic voting and counting to secure a range of identified benefits compared to the current manual arrangements, including more democratic outcomes through the minimisation of invalid votes and the more accurate counting of votes; provision of a higher level of service to the public; greater flexibility and speed in the voting and counting processes; and greater use of modern information and communication technologies.

The decision followed extensive research on electronic voting systems and experiences in other countries, and input from a range of sources on legislative, financial and practical considerations, including from representative returning officers, Department officials and other Departments in the course of interdepartmental consultations. I am not aware of any advice given not to proceed with the project.

In the development and implementation of the project, my Department commissioned internationally accredited institutes-companies to carry out extensive testing of the voting machine equipment and election management and count software associated with the introduction of electronic voting and counting in Ireland. All the test results, including an architectural and code review of the software, endorsed use of the chosen system and these test reports have been made publicly available. The Commission on Electronic Voting in its first report has confirmed that the system is capable of gathering and counting votes at elections with a high degree of accuracy, secrecy and efficiency, while pointing to the desirability of further testing and quality assurance.

The total cost to date of the electronic voting and counting project is €51.65 million. Apart from annual storage and insurance costs which, based on information provided to my Department by returning officers, amount €658,000, it is not possible at this stage to quantify additional costs that may arise in relation to the electronic voting and counting system. In any event, such costs are likely to be small relative to the capital investment already made.

Question No. 274 answered with QuestionNo. 273.
Question No. 275 answered with QuestionNo. 95.
Question No. 276 answered with QuestionNo. 273.

Local Authority Housing.

Bernard J. Durkan

Ceist:

277 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government the total land bank available for housing in the ownership of the various local authorities throughout the country; the total acreage of land utilised for housing purposes in the past seven years; the extent to which the housing need has been addressed through this land bank; and if he will make a statement on the matter. [11435/05]

My Department does not have information on the total amount of land utilised for housing purposes in the past seven years. For the past number of years my Department has monitored overall levels of zoned residential lands. The results of the sixth national inventory of such land indicated that there were 12,500hectares of serviced residential land as at 30 June 2004. This would give an estimated yield of 367,000 housing units.

Information was also returned at the time of the 2004 survey on lands in local authority ownership which could be used for housing. However, the information is incomplete, and my Department is not satisfied that in its present form it gives the overall picture on this issue. My Department intends to obtain more detailed and further information as part of the 2005 survey on this aspect.

The above data will only afford a picture of lands available at a point in time. Our focus over the past number of years has been to encourage local authorities to acquire sufficient land to meet the needs of their housing programmes and this has been facilitated through borrowing. In total €438 million has been borrowed between 2000 and 2004 from the Housing Finance Agency for land acquisition purposes. No local authority has been refused approval to acquire land for housing purposes.

Recently, my Department has urged local authorities to acquire adequate land to meet the social and affordable housing needs as set out in their five-year action plans. We will continue to support borrowing for such land acquisition where it is necessary and appropriate.

Bernard J. Durkan

Ceist:

278 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government the total acreage provided through the various local authorities to voluntary agencies in the past seven years; the number of housing units provided; and if he will make a statement on the matter. [11438/05]

Available information on the number of units provided in each local authority area in respect of the voluntary housing schemes is published in my Department's quarterly and annual housing statistics bulletins. Copies of the bulletins, including September 2004, are available in the Oireachtas Library and the information contained in the bulletins is also available on the Departments website at www.environ.ie.

Water Quality.

Bernard J. Durkan

Ceist:

279 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government the plans he has to ensure the quality and adequacy of supply in respect of domestic drinking water; and if he will make a statement on the matter. [11440/05]

In order to meet anticipated demand for water and water treatment facilities, the national development plan provides for investment of €4.4 billion in water services infrastructure up to the end of 2006, approximately three times the amount expended during the 1994-99 period. Substantial increases in water treatment and storage capacity are being achieved as a result of this increased investment. Schemes completed since 1997 have produced additional drinking water treatment capacity equivalent to the needs of a population of 985,000. The increase in storage capacity over the same period was sufficient to meet the requirements of a population of 1,575,000.

Details of approved proposals for further new and upgraded public water supply schemes are set out in my Department's Water Services Investment Programme 2004-2006, a copy of which is available in the Oireachtas Library. The schemes included in the programme are mainly derived from regular assessments of needs undertaken by local authorities, at my Department's request, as an input to the overall strategy for meeting additional water supply and treatment requirements.

Successive EPA reports on drinking water quality verify the fundamentally good quality of public drinking water supplies in Ireland. The most recent EPA report, for 2003, confirms a compliance rate with mandatory drinking water standards for public water supplies of 97.7%. In addition, earlier this year, I announced a record allocation of €125 million for the 2005 rural water programme. The main focus of this allocation is on upgrading group water schemes using sub-standard private sources. These schemes serve approximately 4% of households nationally and planned upgrades are being advanced as a matter of urgency.

Overall, the resources being put in place should ensure that the coverage and quality of the national water supply infrastructure adequately caters for all demands placed on it.

Water and Sewerage Schemes.

Bernard J. Durkan

Ceist:

280 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government if he has satisfied himself that sewerage and water treatment systems available or proposed here are adequate and in keeping with technological advancement; if his attention has been drawn to the failure of some such plants in the past five years; the action he proposes to address this important issue; and if he will make a statement on the matter. [11441/05]

My Department's policy in regard to public water and wastewater treatment facilities is to promote innovation, value for money, effective management and optimum long-term protection of infrastructural investment. As part of that process, public private partnerships, employing the design-build-operate model, have been adopted as the standard procurement method for the provision and management of new water and wastewater treatment works being funded under my Department's water services investment programme.

The design-build-operate model offers a number of distinct advantages over traditional procurement, including single point responsibility for design, construction, operation and maintenance; better allocation of risk, resulting in greater certainty of final capital cost; access to new and innovative technologies with associated technical and economic advantages; and professional operation and maintenance standards backed up by penalty clauses.

My Department has also established and funds the water services national training group which provides training facilities across a wide range of competencies for some 2,000 local authority personnel involved in the operation of public water services infrastructure. Capital funding has been provided by the Department for the construction of dedicated regional training centres at four locations nationally.

In addition to practical training for day-to-day operations, the water services national training group has also undertaken a number of important initiatives to improve local authority management and supervision, both of water services infrastructure directly operated by their own personnel, and operational contracts under public private partnerships. The performance management system is one such initiative and provides a template for recording and reporting on all aspects of operational performance in the case of water and wastewater treatment plants. Implementation of the performance management system is mandatory in the case of public private partnership contracts and local authorities are also encouraged by my Department to utilise it to optimise their own operational arrangements.

The treatment standards achieved by individual water and wastewater treatment plants are identified in the regular reports produced by the Environmental Protection Agency in regard to drinking water quality and urban wastewater discharges. These reports assist local authorities in focusing on operational deficiencies, where they occur, and also help my Department to identify new infrastructural requirements for inclusion in the water services investment programme. The programme, covering 2004 to 2006, includes more than 800 individual schemes and is available in the Oireachtas Library.

Investment under the water services investment programme in the provision of new and upgraded water services facilities, together with improved operation and management structures, has produced a 97.7% compliance rate with mandatory drinking water standards, as reported in the most recent Environmental Protection Agency drinking water report for 2003. Ireland has also achieved a 90% compliance rate with the end 2005 requirements of the EU urban wastewater treatment directive. All remaining schemes needed to attain full compliance have been approved for funding in the Water Services Investment Programme 2004-2006. The corresponding compliance rate in 2000 was only 25%.

Local authorities will this year for the first time report on their performance against a range of 42 service indicators covering the full spectrum of local government activity, including the percentage of drinking water analyses results in compliance with statutory requirements. This will allow members of the public and elected representatives to assess the performance of their authority and to see how their local authority is performing year on year. This process is intended to facilitate the identification of good practice and to encourage all local authorities towards improved performance.

Bernard J. Durkan

Ceist:

281 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government if he has received advice from or given instructions to Kildare County Council in the matter of the permanent alleviation of methane gas permeation at Main Street, Leixlip, County Kildare; if, having regard to his previous discussions in the issue, he will give an indication; and if he will make a statement on the matter. [11444/05]

The lower Liffey valley sewerage scheme is included in my Department's Water Services Investment Programme 2004-2006 to commence construction this year. The scheme, under which the wastewater collection systems in Leixlip, Kilcock, Straffan, Celbridge and Maynooth will be upgraded and improved, also includes measures to eliminate odours from the existing collection system in Leixlip's Main Street.

Contract documents for the scheme were submitted to my Department by Kildare County Council in February. Further information requested from the council in the meantime has since been received and is under examination in the Department. It will be dealt with as quickly as possible.

Road Network.

Bernard J. Durkan

Ceist:

282 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government the position in regard to road and bridge realignment proposals at Bond Bridge, Maynooth, County Kildare; the anticipated completion date for the works; the total cost involved; and if he will make a statement on the matter. [11447/05]

I refer to the reply to Question No. 282 of 9 February 2005. The position is unchanged.

Library Projects.

Bernard J. Durkan

Ceist:

283 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government when it is anticipated that the new library in Leixlip, County Kildare will become operational; and if he will make a statement on the matter. [11450/05]

In July 2001, my Department approved a proposal by Kildare County Council for the acceptance of a tender in relation to the provision of a new library at Leixlip. I understand that the library is currently under construction and that the local authority hopes to be in a position to open it to the public in autumn 2005.

Architectural Heritage.

Bernard J. Durkan

Ceist:

284 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government the extent to which representations, discussions and negotiations have been made or received with reference to the possible preservation and restoration of Donadea Castle and ancillary buildings, having regard to their historical significance; and if he will make a statement on the matter. [11453/05]

I refer to the reply to Question No. 278 of 9 February 2005. Donadea Castle and its associated buildings are an integral part of Donadea Forest Park, which is in the ownership of Coillte Teoranta. Any development proposals in respect of the property would be a matter, in the first instance, for that organisation. My Department is not aware of any plans regarding the future restoration of the castle.

Question No. 285 answered with QuestionNo. 73.

Water and Sewerage Schemes.

Cecilia Keaveney

Ceist:

286 Cecilia Keaveney asked the Minister for the Environment, Heritage and Local Government his views on whether the current procedures for water and sewerage schemes should be tightened up to allow a faster delivery of projects. [11468/05]

The procedures for the advancement of projects approved for funding under my Department's water services investment programme are intended to optimise progress through the planning, tender and construction phases, taking necessary account of mandatory procurement and other legislative requirements and the policy of delegating maximum responsibility to local authorities who are responsible for the provision of the infrastructure.

An informal working group, comprising officials of my Department and of the City and County Managers' Association, is at present engaged in a detailed review of the current procedures with a view to identifying measures to further streamline the process, having regard to the financial and statutory responsibilities of the parties involved. I expect the group to report before the summer.

Housing Grants.

Tom Hayes

Ceist:

287 Mr. Hayes asked the Minister for the Environment, Heritage and Local Government if a person (details supplied) in County Tipperary will qualify for consideration for a new house grant. [11489/05]

There is no record of the receipt of an application for a new house grant from the person named at the address given. Applications for a grant, which was terminated as and from 14 November 2002, were required to be received in my Department by 4 December 2002.

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