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Dáil Éireann díospóireacht -
Tuesday, 17 May 2005

Vol. 602 No. 4

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 11, inclusive, answered orally.

Tribunals of Inquiry.

Emmet Stagg

Ceist:

12 Mr. Stagg asked the Minister for Justice, Equality and Law Reform if he will honour a commitment to meet persons (details supplied) on 6 May 2005; and if he will make a statement on the matter. [16161/05]

I agreed to meet two members of this family and their legal representatives together with two public representatives to discuss the legal representation of the family at the Morris tribunal. The meeting was arranged for the afternoon of 6 May. However, that morning I learned that the family would not be accompanied by its legal representatives and also that it proposed to have two other persons present at the meeting.

I was informed that the family in question instructed its lawyers not to attend the meeting unless I was prepared to agree to pay the costs of the family's legal representation at the tribunal. I have made my position on this matter clear on a number of occasions. I saw no point in having a meeting without its lawyers present.

I remain prepared to meet the two members of the family on the basis that we agreed, that is, accompanied by their lawyers and two public representatives.

National Emergency Plan.

John Gormley

Ceist:

13 Mr. Gormley asked the Minister for Justice, Equality and Law Reform if he will report on the exercises in March 2005 to test the effectiveness of the national emergency plan; the success of the exercises; and if he will make a statement on the matter. [12391/05]

Billy Timmins

Ceist:

297 Mr. Timmins asked the Minister for Justice, Equality and Law Reform if he will report on recent exercises undertaken to assess the effectiveness of the national emergency plan; and if he will make a statement on the matter. [12330/05]

I propose to take Questions Nos. 13 and 297 together.

I am informed by the Garda authorities that a major emergency exercise, involving the south and south-eastern Garda regions, occurred on 22 March 2005 in Youghal on the inter-county boundary of Cork and Waterford. The exercise involved a simulated collision between a large passenger bus and a heavy goods vehicle with a hazardous load.

The Garda Síochána acted as the lead agency in the exercise, with support roles provided by the Army, naval sub-aqua divers, the Civil Defence, the Red Cross and the coast guard service, in addition to the three principal emergency services of counties Cork and Waterford.

The purpose of the exercise included: assessing the co-ordination of the emergency services, including the principal supporting agencies, in an emergency situation; assessing the impact of such an emergency; and evaluating the ability of each agency to provide the required service in the event of such an emergency. I am pleased to report that the exercise met its objectives and proved effective in demonstrating the preparedness of the various agencies to respond to a major emergency.

This major Garda-led exercise also received coverage in the national news media and, as well as serving to test the preparedness of the emergency services, served to promote public awareness of the response of these services to such emergency situations. Similar exercises are planned for the remaining Garda regions in the coming weeks.

Detailed arrangements are in place to ensure that all relevant agencies have appropriate plans in the event of a major emergency. Co-ordination between these agencies, and their associated plans, is guaranteed through the inter-agency protocols set out in the long established Framework for Co-ordinated Response to Major Emergencies. This framework document is currently the subject of extensive interdepartmental review, led by the Department of the Environment, Heritage and Local Government, to ensure its continued currency and appropriateness.

I commend the Garda authorities for their proactive approach to the testing of their emergency plans and co-ordination issues thereon. I am confident that the exercise proved to be an invaluable learning experience for the agencies and personnel involved.

Deportation Orders.

Jack Wall

Ceist:

14 Mr. Wall asked the Minister for Justice, Equality and Law Reform the number of occasions since June 2002 on which aircraft have been chartered to facilitate the deportation of persons; the cost involved in such charters; the number of persons deported in this way and the number who were children; the overall costs involved, including Garda man hours; and if he will make a statement on the matter. [16125/05]

Charter flights are not the only means by which persons who are illegally resident here are removed from the State. For example, in 2004, a total of 599 persons were deported from the State, of whom 277 were removed on chartered aircraft and the remaining 322 on scheduled commercial aircraft. A further 65 persons who had first claimed asylum in another EU State were removed to that State under the Dublin II regulations by means of scheduled commercial aircraft. Furthermore, in 2004, a total of 611 persons opted for assisted voluntary repatriation and these were effected on scheduled commercial aircraft. Of these 611 persons, 218 were directly assisted by my Department while the remaining 393 were assisted through the International Organisation for Migration, IOM, by means of specific schemes negotiated and funded by my Department.

In regard to the specific question raised by the Deputy, I refer to the reply I gave to Questions Nos. 127, 131 and 711 on Tuesday, 12 April 2005. From January 2002 to date, 13 charter flights have been engaged for the purpose of deportation of persons illegally residing in the State. A total of 376 persons were deported in this way at a total cost of €1,628,201. Details of these charter flights, that is, dates, destinations, numbers deported — broken down into adults and minors, in so far as this information is available — and individual costs, are as shown in the following table.

The costs outlined do not include Garda expenses associated with these removal operations. I am advised by the Garda Commissioner that, given the wide range of immigration duties performed by the Garda Síochána and the Garda National Immigration Bureau in particular, it is not possible to identify the particular pay and overtime costs incurred by the gardaí in regard to these charter flights. However, the Commissioner informs me that charter flights involve a lower ratio of Garda escorts to deportees than is the case using conventional schedule flights, resulting in savings to the Garda budget.

The number of escorting gardaí on each flight varies as it is dependent on a prior risk assessment of each removal operation carried out by the Garda National Immigration Bureau and on the policy of the particular airline. Given the large number of removal operations, it would involve a disproportionate use of Garda time and resources to provide details of the exact escort numbers used in each case. However it is usual for two escorts to accompany a single deportee with a lower ratio used where more than one person is being removed to the same destination and on board charter flights.

There are two main categories of repatriation charter flights. Smaller charters that are organised to remove disruptive deportees that commercial airlines will not take on account of previous disruptive behaviour on board aircraft and bigger charters organised to return larger numbers of deportees in a more efficient way than using scheduled flights. It should be stated that Ireland does not have direct flights to the destinations where these charters have taken place. The alternative to chartering is transiting through hub European airports involving longer transfer times, more inconvenience to deportees and the attendant risk of deportees absconding in transit.

Charter flights, including joint charters shared by two or more countries, are used widely across the European Union as an effective and efficient means of returning persons, following individual consideration of their cases, who illegally present on the territories of member states. The European Council of Ministers adopted a decision in April 2004 facilitating the greater use of joint repatriation flights as a means of demonstrating solidarity among member states, increasing the rate of returns and making more effective use of resources.

Ireland has carried out two such joint operations, one with the Netherlands to Romania and Bulgaria on 28 November 2003 and one with the UK to Romania and Moldova on 18 November 2003, details of which are provided in the following table.

It is well established that an effective deportation process is a necessary element of an immigration system. The lack of an effective means to deport persons not granted permission to remain in the State would call into question the integrity of the entire immigration and asylum laws. Failure to enforce deportation orders in the case of disruptive behaviour would produce two main outcomes. First, it would send a clear signal that deportation can be avoided by simply being disruptive. Second, disruptive behaviour by deportees on scheduled flights would become the norm leading to concerns for the safety of passengers and staff on aircraft and cause further difficulties for the gardaí in the already problematic task of enforcing deportation orders.

No. of non-nationals deported.

Date

Destination

Adults

Minors

Total

Cost

9 January 2002

Algeria

2

Nil

2

29,833

28 March 2002

Nigeria

6

Nil

6

241,250

14 November 2002

Nigeria

N/A

N/A

12*

191,730

18 November 2003

Romania and Moldova

N/A

N/A

24*

92,490

28 November 2003

Romania and Bulgaria

N/A

N/A

20*

31,989

12 February 2004

Romania

N/A

N/A

62*

93,609

20 February 2004

Gambia

1

Nil

1

50,200

31 March 2004

Romania

49

4

53

71,590

6 April 2004

Nigeria

26

3

29

146,500

26 August 2004

Nigeria

24

1

25

248,610

17 November 2004

Romania and Moldova

56

10

66

82,700

15 December 2004

Romania and Moldova

39

2

41

82,700

15 March, 2005

Nigeria

26

9

35

265,000

*Note: A breakdown of the numbers deported between adults and minors is not readily available for four of the flights. To attempt to provide such a breakdown would require the gardaí revisiting each of the 118 cases involved, which would involve a disproportionate use of time and resources.

Garda Personnel.

Dan Boyle

Ceist:

15 Mr. Boyle asked the Minister for Justice, Equality and Law Reform if he is satisfied that sufficient resources are available for juvenile liaison officers; and if he will make a statement on the matter. [16183/05]

I have been informed by the Garda authorities, who are responsible for the detailed allocation of resources, including personnel, that as of the 13 May 2005 there were 86 juvenile liaison officer, JLO, gardaí and eight, JLO sergeants working in the various divisions throughout the country. In addition to this the National Juvenile Office has a staff of one superintendent, two inspectors and two sergeants. The administration in the office is carried out by these two sergeants and four civilian staff.

The Children Act 2001, which came into law in May 2002, gave a statutory basis to the juvenile diversion programme which includes a restorative justice aspect. The programme has proven to be highly successful in diverting young people away from crime by offering guidance and support to juveniles and their families. In the more serious cases, juveniles are placed under the supervision of Garda juvenile liaison officers, who are specially trained members of the Garda Síochána responsible for administering the programme at the local level. I am informed by the Garda authorities that in the year 2003, the Garda National Juvenile Office received 19,915 referrals under the programme relating to 17,043 individual offenders. The number of juvenile referrals processed by the National Juvenile Office in 2004 was 20,607. Detailed information will be included in the Garda Síochána annual report for 2004. Early assessments indicated a very high level of satisfaction from those involved in the process.

Ongoing evaluation of restorative justice practice is being carried out by the Garda research unit. All Garda juvenile liaison officers have received training in restorative justice and over half have received training in mediation skills. It is expected that the ongoing development of restorative justice within the juvenile diversion programme will lead to a significant reduction in the incidence of recidivism.

In addition to the Garda juvenile diversion programme, there are in existence a total of 64 Garda youth diversion projects. Funding of €5.471 million has been allocated to these and other related projects in the current year. The Garda authorities and I remain strongly committed to the principle and practice of diversion in the criminal justice system, a commitment warranted by consistent findings of national and international criminological research. Although the Garda juvenile diversion programme and the Garda youth diversion projects are not appropriate for all juveniles or in all situations, they nevertheless provide an important intervention in the lives of those juveniles who have taken a wrong turn in the process of maturing into young adults. Moreover, research indicates that of all those formally diverted from prosecution, some 88% do not come to the attention of the Garda Síochána again by their 18th birthday.

The juvenile diversion programme already exists on a nationwide basis and is delivered throughout the country by specially trained gardaí. Resource implications are constantly under review and applications for additional resources are made on a case by case basis when and where necessary.

In regard to Garda resources generally, the House will be aware 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 Governmen. 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, and in this context the needs of the juvenile liaison scheme will be fully taken into account.

Child Care Services.

Ciarán Cuffe

Ceist:

16 Mr. Cuffe asked the Minister for Justice, Equality and Law Reform the measures he is taking to ensure that the equal opportunity child care funding will continue past August 2005; and if he will make a statement on the matter. [16181/05]

The Equal Opportunities Childcare Programme, EOCP, 2000-2006, is a central pillar in the Government's child care strategy and is intended to increase the availability and quality of child care supports for parents in employment, education or training. The programme is funded by the Exchequer and the European Union Structural Funds as part of the regional operational programmes of the national development plan.

The programme makes capital grant assistance available to community based not for profit organisations and to self-employed private providers to build, renovate or equip a child care service, if their proposal meets with the objectives of the programme. In areas of significant disadvantage, multi-annual staffing grants may be available to community based groups providing child care which meets the needs of disadvantaged parents to enable them to avail of work, education or training opportunities.

The Deputy may already be aware that, following a detailed review of the staffing grants under the EOCP, I am now in a position to extend to the end of December 2007 the terms of the existing staffing grants to groups which have received such staffing funding for a period of three or more years and which continue to deliver a child care service in accordance with their pre-agreed targets. To benefit from such funding, the groups must continue to pay particular attention to the support of disadvantaged families and the implementation of a fee structure tailored to the differing economic circumstances of the client group and which ensures that child care places subsidised by the EOCP are targeted towards those most in need.

The Deputy may also be aware that, following discussions with my colleague the Minister for Finance, an additional capital provision of €90 million was made available for the development of child care infrastructure over the period 2005-09 in the context of the 2005 budget and as part of the five-year multi-annual framework for capital expenditure. This brings the total funding available for the programme to €499.3 million and now includes an increased provision for capital developments for which €205 million has been set aside. Since December 2004, I have announced capital grant allocations totalling almost €67 million to community based child care providers. I expect to make further significant capital grant allocations in the remainder of 2005 and thereafter.

The 2000-06 programme contains a number of targets, most notable to increase the supply of centre based places by over 55%. These targets will be exceeded and, the current programme's record is impressive with more than 24,600 new places already and the prospect of at least a further 12,000 new places by the end of the programme. The outcomes of the current programme will be evaluated thoroughly to identify outstanding need which will be addressed in a successor programme.

Asylum Applications.

Brendan Howlin

Ceist:

17 Mr. Howlin asked the Minister for Justice, Equality and Law Reform the number of applications for asylum received during 2002, 2003, 2004 and to date; the number of applications approved by the Refugee Appeals Commission; the number of appeals submitted to the Refugee Appeals Tribunal and the number of such appeals upheld; the number of applications for leave to remain and the number of such applications granted; the number of deportation orders made and the number of such deportations carried out; and if he will make a statement on the matter. [16123/05]

The information requested is set out as follows in tabular format.

Table 1: Number of applications for asylum received and the number of recommendations by the Office of the Refugee Applications Commissioner* to grant refugee status (at first instance) in 2002, 2003, 2004 and 2005**.

2002

2003

2004

2005*

No. of applications received

11,634

7,900

4,766

1,579

No. of recommendations to grant refugee status (at first instance)***

894

345

430

144

*It is assumed that the reference in the Deputy's Question to "Refugee Appeals Commission" refers to the Office of the Refugee Applications Commissioner.

**As at 30/04/05.

***These recommendations refer to the year in which the recommendations were made and not the year in which the applications were lodged.

Table 2: Number of appeals submitted to the Refugee Appeals Tribunal and the number upheld (at appeal stage) in 2002, 2003, 2004 and 2005*.

2002

2003

2004

2005*

No. of appeals received**

5,157

5,014

4,815

1,535

No. of appeals upheld (granted refugee status)**

1,099

833

702

212

*as at 30/04/05.

**Substantive and accelerated cases.

Table 3: Number of deportation orders signed and number effected in 2002, 2003, 2004 and 2005*.

2002

2003

2004

2005*

No. of Deportation Orders signed

2,430

2,411

2,915**

547**

No. of Deportation Orders effected**

521

590

599***

98***

*as at 30/04/05.

**In addition to the 2,915 deportation orders signed in 2004 and the 547 deportation orders signed in 2005, there were also 238 Dublin II regulation transfer orders signed in 2004 and 112 Dublin II regulation transfer orders signed in 2005*.

***In addition to the 599 deportation orders effected in 2004 and the 98 deportation orders effected in 2005, there were also 65 Dublin II regulation transfers effected in 2004 and 51 Dublin II Regulation Transfers effected in 2005.

Table 4: Number of applications for leave to remain received from current or former asylum applicants.

2002

2003

2004

2005*

No. of applications received

6,887

1,272

269**

103**

*as at 30/04/05.

**In the context of proposed deportation orders under the Immigration Act 1999, the issue of leave to remain, including on humanitarian grounds, is considered irrespective of whether an application is made or not. Thus, no statistics are kept as to the number of such applications made.

Table 5: Number of applications granted for leave to remain.

2002

2003

2004

2005*

Parentage of Irish Born Child

3,113

172

0

4,451**

Marriage to an Irish National

86

132

144

37

Dependent of EU Citizen

138

77

112

34

Other Grounds

158

86

175

28

Total

3,495

467

431

4,550

*as at 30/04/05.

**See Table 6.

Table 6: Number of applications for permission to remain made by the non-national parents of Irish born children born before 1 January 2005, and the number of such applications granted permission to remain.

2005

No. of Applications for permission to remain made by the non-national parents of Irish Born Children born before 1 January, 2005*

17,877

No. of Applications for permission to remain granted**

4,451

*as at 30/04/05. Applications closed on 31/03/2005.

**as at 30/04/05.

Homophobic Crime.

Aengus Ó Snodaigh

Ceist:

18 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform his plans to combat homophobic hate crime. [16173/05]

I share the concern of the Deputy and this House, and that of the public in general, about attacks on members of the gay community and other minority groups in the community. Article 40.1 of the Constitution states: "All citizens shall, as human persons, be held equal before the law".

I am informed by the Garda authorities that they are satisfied that the areas frequented by members of the gay and lesbian community are being adequately policed. The policing requirements in these areas are reviewed on an ongoing basis to enable a response to any particular eventuality should the need arise.

I am further informed by the Garda authorities that they have for several years maintained a positive relationship with the gay community. They are in regular contact with those who represent the gay perspective on a variety of issues.

I also understand that 14 gardaí have received special familiarisation training and have been appointed as liaison officers to the gay, lesbian, bisexual and transgender community. These gardaí are based in Dublin, Cork, Limerick, Waterford, Kilkenny, Galway, Longford, Westmeath, Louth and also in the Garda domestic violence and sexual assault unit and community relations section.

The Garda authorities have also established a national advisory panel, which includes members who represent the gay perspective, to assist and inform gardaí on matters relating to their community.

With regard to hate crime more generally, the Prohibition of Incitement to Hatred Act 1989, created an offence of, inter alia, using words or behaviour, if the words or behaviour are threatening, abusive or insulting and are intended, or are likely, to stir up hatred.

"Hatred" is defined as hatred against a group of persons in the State or elsewhere on account of their race, colour, nationality, religion, ethnic or national origins, membership of the travelling community or sexual orientation. Public incitement to racial hatred is a criminal offence under sections 2 and 3 of the 1989 Act in terms of material, written or oral, which is threatening, abusive or insulting.

The announcement of a review of the incitement to hatred legislation was made by my predecessor as Minister for Justice, Equality and Law Reform at a time when few, if any, successful prosecutions had been taken under the Act. One of the aims of the review was to ascertain whether problems with the Act itself were contributing to this lack of prosecutions and, if so, whether any reasonable changes to it could remedy that situation. Since the review was announced, a number of successful prosecutions have been taken under the 1989 Act. These trends are being monitored as part of the ongoing review and if maintained could have a significant influence on the outcome of the review and any subsequent proposals for legislation.

Apart from the Prohibition of Incitement to Hatred Act 1989, the Criminal Justice (Public Order) Act 1994 is the main relevant legislative instruments pertaining to hate crime. That Act created an offence of using or engaging in threatening, abusive or insulting behaviour in a public place. It also created an offence of distributing or displaying in a public place, material which is threatening, abusive, insulting or obscene.

Crime Levels.

Billy Timmins

Ceist:

19 Mr. Timmins asked the Minister for Justice, Equality and Law Reform the crime level across all headings for the Arklow area in 1997. [16169/05]

In regard to crime figures, the Deputy will be aware that on becoming Minister for Justice, Equality and Law Reform, I arranged for the publication of headline crime statistics on a quarterly basis to improve the quality of information available to the public. While caution should be exercised in interpreting levels of crime between quarters, I am pleased to note that during my term of office as Minister, the quarterly crime rate has decreased from 6.7 per 1,000 population to six per 1,000 over the longer period of 11 quarters for which figures are available. This trend is reflected throughout most Garda districts in the country. In interpreting these figures, account has also to be taken of the introduction of the new PULSE computer system by the Garda Síochána in 1999, which led to more complete and comprehensive recording of crimes reported than was previously the case. The Deputy will also wish to be aware that, taking into account the significant increase in our population since 1995, the headline crime rate has fallen from 29 per 1,000 population in 1995 to 25 per 1,000 population in 2004.

I am informed by the Garda authorities that the following table shows the indictable offences, by group, for the Garda district of Gorey which includes the Arklow area. It is important to note that the figures shown for 1997 are not comparable to statistics provided for the years 2000 onwards due to the introduction of the PULSE computer system by the Garda Síochána in 1999.

Gorey District — 1997.

Group

Recorded

Detected

Group 1 — Offences Against the Person

10

8

Group 2 — Offences Against Property

226

124

Group 3 — Larcenies, etc.

226

163

Group 4 — Other Offences

3

3

Law on Defamation.

Brendan Howlin

Ceist:

20 Mr. Howlin asked the Minister for Justice, Equality and Law Reform the position regarding his consideration of the recommendations of the Legal Advisory Group on the Defamation Law, particularly in regard to the proposals for the establishment of a statutory press council; when he intends to bring proposals on this matter to Government; and if he will make a statement on the matter. [16122/05]

I am pleased to inform the House that I am in the process of seeking the approval of the Government for the drafting of my proposals for a Defamation Bill. I intend to publish the details of my proposals following the Government decision on them.

Garda Equipment.

Michael D. Higgins

Ceist:

21 Mr. M. Higgins asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the recent caution from the Court of Criminal Appeal to gardaí concerning the importance of electronic taping of interviews with suspects in serious criminal cases; the number of Garda stations now equipped with video and audio taping equipment; the proportion of interviews conducted by the gardaí which is taped; his plans for the extension of such facilities to all Garda stations; and if he will make a statement on the matter. [16120/05]

I am aware of the matter referred to by the Deputy and of the strong views expressed by the Court of Criminal Appeal on the desirability of recording interviews with suspects in custody.

The view of the court is very much at one with the conclusions reached by the steering committee on audio and audio-video recording of Garda questioning of detained persons in its latest report. The report, which I laid before the Houses and made public, concluded that the committee was strongly of the view that all interviews as specified in the regulations be recorded, subject to the specific exceptions provided for in these regulations.

That said, the committee noted the very high rate of audio-video recording of interviews by the gardaí, 96% of the total, during the period January to November 2003. I am informed by the Garda authorities that a recently conducted survey indicates that figure has been increased to 98.1%.

I am also informed by the Garda authorities that a total of 130 Garda stations have the necessary recording equipment and are in use. Arising from the committee's report, I understand from the Garda authorities that a working group is examining the extension of these facilities to other Garda stations.

Public Order Offences.

Pat Rabbitte

Ceist:

22 Mr. Rabbitte asked the Minister for Justice, Equality and Law Reform the action he intends to take to deal with vandalism and anti-social behaviour; and if he will make a statement on the matter. [16146/05]

Strong provisions are already in place to combat vandalism and anti-social behaviour. The primary basis for the law regarding public order offences is the Criminal Justice (Public Order) Act 1994.

Because of my concerns about the abuse of alcohol and its contribution to public order offending and broader social problems, I brought forward tough new provisions to deal with alcohol abuse and its effect on public order in the Intoxicating Liquor Act 2003. One of the provisions is the use of temporary closure orders. The Act broadened the application of the temporary closure order penalty which was introduced to combat under-age drinking to cover also convictions for a series of public order offences such as supplying intoxicating liquor to drunken persons and the duty on licensees to preserve order on licensed premises.

The Criminal Justice (Public Order) Act 2003 has also been enacted, the main purpose of which is to provide the Garda Síochána with additional powers to deal with late night street violence and anti-social conduct attributable to excessive drinking. It does this by providing for the closure of premises such as pubs, off licenses, late night clubs and food premises, as well as the making of exclusion orders on individuals, in addition to any penalty they might receive under the 1994 Public Order Act.

This year I succeeded in securing an all-time historic high level of funding for the Department of Justice, Equality and Law Reform and its associated agencies. The Garda, the courts and the prisons together with the Department have never been better resourced or equipped. This funding will enable a number of key public policy initiatives to go ahead next year. Included in these are the recruitment of additional gardaí to increase the strength of the force by 2,000 within two years bringing its total complement to 14,000.

Clearly, the additional resources will be targeted at the areas of greatest need, as is envisaged in the programme for Government. The programme identifies in 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 significantly increase the number of gardaí allocated to traffic law enforcement duties. One thing I have already promised is that the additional gardaí will not be put on administrative duties but will be put directly into frontline, operational, high-visibility policing.

I was pleased to note a reduction in assault causing harm in 2004 compared with 2003. This trend has continued in 2005 with a 15% reduction in assaults causing harm in the first quarter compared to the same period last year.

However, the incidence of anti-social behaviour remains a matter of concern to me. I am therefore taking a number of initiatives to strengthen the powers available to the Garda Síochána to combat anti-social behaviour. I have proposed a fixed charge procedure in regard to certain public order offences in the Criminal Justice Bill 2004 which is currently at Second Stage in this House.

I am particularly concerned that people, particularly the elderly, feel threatened by forms of harassment, which, of themselves may not be a criminal offence but which may cause distress. For this reason, I announced last December that I intend to bring forward an amendment to the Criminal Justice Bill 2004 to provide for the introduction of anti-social behaviour orders. I propose that the Garda should be able to apply to the courts by way of civil procedure for an anti-social behaviour order which would prohibit the person from behaving in an anti-social way. The principle behind the orders is similar to the power to bind over. It is therefore not a new legal concept.

I accept that because of the immaturity of young people, applying anti-social behaviour orders to them requires a somewhat different approach to that adopted for adults. Therefore, my proposals, in so far as young people are concerned, will be specifically tailored so that they are integrated into the Children Act. However, the anti-social behaviour order, backed up by appropriate enforcement, is in itself a practical measure to prevent young people progressing down the path towards serious offending, which is one of the main purposes of the Act.

As the Deputy is aware, Garda youth diversion projects are funded by my Department. They are a crime prevention initiative designed to engage with young people who have been identified as being at risk of involvement in criminal or anti-social behaviour. Each project is managed by a multi-agency and community based committee, which is responsible for the strategic direction of the project. The projects are a tangible measure of crime prevention and reflect a commitment to multi-agency partnerships in tackling crime and anti-social behaviour at community level. The work of the projects involves linking young people with non-offending peer groups and the forming of stable and trusting relationships with adults in the community. The intended impact of this process is that those so engaged develop into responsible citizens and that they do not progress into the criminal justice system.

I attach great importance to the development of a real partnership between the Garda Síochána and local authorities on matters affecting policing. My intention, as set out in the Garda Síochána Bill, is that joint policing committees and local policing fora will provide an arena where the Garda Síochána and local authorities can co-operate and work together to address local policing and other issues which are in the management of the local authority and where the gardaí can make a strong case for their particular interests to be taken into account.

The Bill specifically provides that among the functions which the committees will be particularly mandated to carry out is keeping under review the levels and patterns of crime, disorder and anti-social behaviour in their area, including the patterns and levels of misuse of alcohol and drugs, and the factors underlying and contributing to those levels of crime, disorder and anti-social behaviour. Local policing fora will discuss and make recommendations to their committee concerning these matters as they affect their neighbourhoods. These are significant innovations which will strengthen policing at local level. They will ensure that the new committees and their sub-structures will provide a permanent forum to address the issue of anti-social behaviour.

I have mentioned legislation which I have already introduced to combat the abuse of alcohol and the public order problems to which it gives rise. I have recently published the general scheme of the Intoxicating Liquor Bill 2005, which will carry forward this work. The main purpose of the proposed Bill is to streamline and modernise our liquor licensing laws. It will also contain provisions which will combat anti-social behaviour.

This Government is strongly committed to the reduction and prevention of crime through strong and effective crime prevention methods. However, I cannot stress enough that while legislative measures can help to curtail the problem of anti-social behaviour, they cannot be viewed as the only solution. All those with an interest in this area have to play their role in helping to address the problems of vandalism and anti-social behaviour in our society.

Immigrant Services.

Liz McManus

Ceist:

23 Ms McManus asked the Minister for Justice, Equality and Law Reform his proposals for the establishment of a new one-stop shop for dealing with all immigration matters; and if he will make a statement on the matter. [16127/05]

In March 2005 the Government approved the establishment on a non-statutory basis of the Irish Naturalisation and Immigration Service, INIS, as an executive office within the Department of Justice, Equality and Law Reform. It is intended to provide a "one stop shop" approach to services relating to the admission of migrants. This decision provides a platform for the establishment of the service and for future developments. It is expected to take up to a year for the new arrangements and structures to be put in place.

The service will incorporate the Department of Justice, Equality and Law Reform's asylum, immigration and citizenship functions and structures. The visa section of the Department of Foreign Affairs will transfer to the service in the Department of Justice, Equality and Law Reform. Responsibility for the provision of visa services at diplomatic and consular missions abroad will remain with the Department of Foreign Affairs.

The service will aim to develop a cohesive system for the issuing of work permits and visas through a virtual link between the work permit system in the Department of Enterprise, Trade and Employment and the INIS. The overall effectiveness of these arrangements will be reviewed within two years. The economic migration policy function will remain with the Minister for Enterprise, Trade and Employment.

The service will include a new immigrant integration unit to promote and co-ordinate social and organisational measures across the whole spectrum of Government for the acceptance of lawful immigrants into Irish economic and cultural life.

The proposed new structure will have significant benefits from the point of view of customer service and the strengthening of the effectiveness and integrity of the State's immigration system, specifically: a single contact point or "one stop shop" for applications for entry to the State — combining the current work permit and visa application processes; a clearer system involving more streamlined processes; improved sharing of information in linked systems to simplify decision making; improved service times as applications do not have to be submitted to a number of organisations; and improved control and enforcement mechanisms.

Asylum Applications.

Kathleen Lynch

Ceist:

24 Ms Lynch asked the Minister for Justice, Equality and Law Reform the number of applications to remain in the State received to date from non-national parents of Irish-born children; the number of such applications that have been determined to date, giving those granted and those refused; if there is an appeals process in respect of applications turned down; and if he will make a statement on the matter. [16124/05]

The closing date for receipt of applications for the IBC/05 scheme, that is, the revised arrangements for consideration of applications for leave to remain for parents of children born in Ireland before 1 January 2005, was 31 March 2005. Some 18,000 applications were received. Of this number, more than 5,000 applicants have been granted temporary permission to remain and 27 applicants have been refused. It should be noted that a significant number of incomplete applications are currently under examination or are being held pending the submission of documents.

In relation to the issue of appeals, some of those who may not be successful under this scheme will otherwise have a right to remain in the State, for example, they may be here on work permits or on study visas. However, on the basis of those applications processed to date, it seems that the majority of applicants under the scheme do not have an alternative right of residence. Where an application from a person without alternative right of residence is refused, he or she will be informed by letter, as applies to all persons who have no right to be in the State, of a proposal to make a deportation order in accordance with section 3 of the Immigration Act 1999, as amended.

The person will be given the option at that stage of making representations setting out the reasons he or she should be granted permission to remain temporarily in the State. The person's case file, including all representations submitted, will be considered under the various criteria set out in section 3(6) of the Immigration Act 1999, as amended, and under section 5, prohibition of refoulement, of the Refugee Act 1996, as amended.

Prisons Building Programme.

Trevor Sargent

Ceist:

25 Mr. Sargent asked the Minister for Justice, Equality and Law Reform the capital funding which has been allocated to the Mountjoy complex in Dublin in each of the past ten years; and if he will itemise the projects in each instance. [16189/05]

The precise information requested by the Deputy is not readily available. However, an amount of approximately €45.375 million was spent on capital expenditure during the period 1995 to 2004, inclusive, on the Mountjoy Prison complex. The Mountjoy Prison complex includes Mountjoy male prison, St. Patrick's Institution, the Dóchas Centre and the training unit. This expenditure on capital projects reflects the construction cost and related professional fees of the various projects and the related fit-out costs of these works. Included in this figure is the bulk of the cost of construction of the Dóchas Centre amounting to €19.3 million, this includes the provision of a multi-storey car park for the Mountjoy Complex, the construction of the special school at St. Patrick's Institution at a cost of €8.3 million and fire safety work at the training unit at a cost of €1.2 million.

I am determined to improve conditions for prisoners in the Mountjoy Prison and end the requirement for slopping out. I am also conscious that since the opening of the Dóchas Centre there has been a serious overcrowding problem, even with the benefit of an additional 20 spaces provided there in the final phase of its construction.

Redeveloping the existing 20 acre Mountjoy site would be prohibitively expensive — over €400 million — present significant operational difficulties and would leave no scope for expansion. It is for these compelling reasons that a new 150 acre site has been purchased at Thornton. Among the facilities planned for the new site is a new expanded version of the Dóchas Centre. It would not make operational or economic sense to maintain two women's prisons in operation in the Dublin area.

Immigration Policy.

Breeda Moynihan-Cronin

Ceist:

26 Ms B. Moynihan-Cronin asked the Minister for Justice, Equality and Law Reform the consultation process he intends to initiate in regard to his recently published discussion document, Immigration and Residency in Ireland; and if he will make a statement on the matter. [16131/05]

Breeda Moynihan-Cronin

Ceist:

62 Ms B. Moynihan-Cronin asked the Minister for Justice, Equality and Law Reform when he will implement the commitment given in his Department’s strategy statement for 2001 to 2004 to further develop an immigration policy for the State and to bring forward new immigration legislation, within a structured framework; and if he will make a statement on the matter. [16132/05]

I propose to take Questions Nos. 26 and 62 together.

Immigration policy is kept under review in my Department on an ongoing basis to ensure that the migration needs of the State are properly managed and that adequate structures and procedures are in place to do so. My Department has also progressed work on the development of the proposed Immigration and Residence Bill with a view to bringing legislative proposals to Government later this year.

The consultation process which I have recently initiated, by inviting interested parties to submit their views on the discussion document, Immigration and Residence in Ireland, will contribute to the extensive preparation and research which has already taken place in the context of this new Bill. The deadline of 29 July 2005 will allow the views of interested parties to be considered in my Department as part of the ongoing work on the development of the Bill.

The discussion document, which builds on the earlier public consultation process initiated in June 2001, the International Organisation for Migration consultancy study published in August 2002 and the experience gained from our recent history as Ireland has moved from being a country of emigration to one of immigration, represents an assessment by my Department of what will be required of the new legislation. It sets out the range of issues to be considered and indicates how they are likely to be dealt with in the legislation and in future policy. The key proposals are set out in some detail in the discussion document and are summarised in an accompanying summary document. Both documents have been widely distributed and are available from both the Government Publications Office and in electronic format from my Department's website.

Crime Levels.

Billy Timmins

Ceist:

27 Mr. Timmins asked the Minister for Justice, Equality and Law Reform the crime level across all headings for the Bray area in 1997. [16168/05]

In regard to crime figures the Deputy will be aware that on becoming Minister for Justice, Equality and Law Reform, I arranged for the publication of headline crime statistics on a quarterly basis to improve the quality of information available to the public. While caution should be exercised in interpreting levels of crime between quarters, I am pleased to note that during my term of office as Minister, the quarterly crime rate has decreased from 6.7 per 1,000 population to six per 1,000 over the longer period of 11 quarters for which figures are available. This trend is reflected throughout most Garda districts in the country. In interpreting these figures, account has also to be taken of the introduction of the new PULSE computer system by the Garda Síochána in 1999, which led to more complete and comprehensive recording of crimes reported than was previously the case. The Deputy will also wish to be aware that, taking into account the significant increase in our population since 1995, the headline crime rate has fallen from 29 per 1,000 population in 1995 to 25 per 1,000 population in 2004.

I am informed by the Garda authorities that the following table shows the indictable offences, by group, for the Garda district of Bray. It is important to note that the figures shown for 1997 are not comparable to statistics provided for the years 2000 onwards due to the introduction of the PULSE computer system by the Garda Síochána in 1999.

Bray District — 1997.

Group

Recorded

Detected

Group 1 — Offences Against the Person

23

20

Group 2 — Offences Against Property

1,376

491

Group 3 — Larcenies, etc.

1,088

446

Group 4 — Other Offences

5

5

Question No. 28 answered with QuestionNo. 10.

Garda Investigations.

Thomas P. Broughan

Ceist:

29 Mr. Broughan asked the Minister for Justice, Equality and Law Reform the progress which has been made in the Garda investigation into two robberies of security vans in Dublin in March 2005 in which more than €4 million was taken; the total amount taken in raids on security vans during 2002, 2003, 2004 and to date in 2005; the number of such cases in which charges have been laid; if he is satisfied that the Garda have sufficient resources to deal with this plague of robberies and to bring those responsible to justice; and if he will make a statement on the matter. [16115/05]

I am informed by the Garda authorities that substantial progress is being made with the investigation into the crimes referred to by the Deputy, with searches being conducted by members of the Garda Síochána resulting in 26 persons being arrested and questioned. Firearm, drugs, cash and other property were seized during these searches. Two persons have been charged and are currently before the courts in relation to one of the robberies. The investigations are ongoing.

The readily available information regarding the total amount taken in raids on security vans and the number of such cases in which charges have been laid relates to 2004 and 2005 to date. With regard to 2004, I am informed that approximately €3.4 million was taken in raids on security vans. Six people are before the courts in relation to these raids. I am further informed that since the beginning of 2005 approximately €5 million has been taken in raids on security vans and that three people are before the courts charged in regard to these raids.

Operation Delivery was initiated in June 2004 in direct response to the increase in robberies of cash in transit in the Dublin area. Among the activities undertaken are: profiling and targeting of suspects; searching of premises associated with suspects; disruption of activities of suspects; surveillance of suspects; liaising with cash in transit companies; and intelligence gathering and analysis.

Operations have resulted in the arrest and charging of a number of suspects and the recovery of a number of firearms. The numbers of robberies of cash in transit have continued to decrease since the operation was established in June 2004. In the first three months of 2004 there were 12 robberies involving security vans, compared with nine in the first three months of this year.

I am assured by the Commissioner that the necessary resources are being directed towards the containment and detection of such serious criminal activity.

Bullying in the Workplace.

Michael D. Higgins

Ceist:

30 Mr. M. Higgins asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to claims made by the president of the Garda Representative Association that insidious bullying is rife within the Garda Síochána; if steps are being taken to establish the extent of this problem within the Garda and to ensure that steps are taken to stamp it out; and if he will make a statement on the matter. [16121/05]

I have been advised by the Garda authorities that there is no evidence to support the claims made by the president of the Garda Representative Association.

I am further advised that the Garda Síochána has a comprehensive policy in place to deal with issues relating to equality, bullying, harassment and sexual harassment supported by a well defined and robust investigative and grievance procedure. Details of the policy may be found on the Garda website, www.garda.ie.

The policy is subject to periodic review. In this regard, the Commissioner has directed the establishment of a working group to carry out such a review. The group will be chaired by a senior officer and will have representation from all Garda associations.

Crime Levels.

Bernard J. Durkan

Ceist:

31 Mr. Durkan asked the Minister for Justice, Equality and Law Reform the steps he proposes to take to combat escalating gun crime, with particular reference to the use of automatic and semi-automatic weapons, sawn off shot guns and hand guns; and if he will make a statement on the matter. [16170/05]

I refer the Deputy to my reply of today's date to Questions Nos. 5 and 6.

Industrial Disputes.

Willie Penrose

Ceist:

32 Mr. Penrose asked the Minister for Justice, Equality and Law Reform the contingency plans he has in place to ensure the safety and security of prisons here should the current dispute with the Irish Prison Officers Association lead to industrial action; and if he will make a statement on the matter. [16141/05]

As the Deputy will be aware it is the Government's intention, in the event of industrial action by the Prison Officers' Association, to deploy members of both the Garda Síochána and the Defence Forces as necessary. The Deputy will appreciate that, for obvious security reasons, I am not prepared to outline the details of the contingency plans being made. I hope that deployment of the Garda and the Army does not become necessary and I should add that no notice of industrial action has been served to date. However, industrial action would represent a threat to the security of the State and the Government must be prepared to take whatever action is necessary to protect the safety and security of the prisons.

Garda Investigations.

Brian O'Shea

Ceist:

33 Mr. O’Shea asked the Minister for Justice, Equality and Law Reform the progress made with regard to the Garda investigation into the major money laundering operation uncovered earlier in 2005; if a file has been sent to the Director of Public Prosecutions; and if he will make a statement on the matter. [16134/05]

I am informed by the Garda authorities that the Garda investigation, which is extensive both within and outside the jurisdiction, remains ongoing and active. Upon completion, a file will be submitted to the Director of Public Prosecutions.

All possible avenues of information that might assist in furthering the case are being explored, and a key focus is the links between the money seized and the robbery of the Northern Bank in December 2004.

As the Garda investigation remains ongoing, I do not consider that further, detailed comment on the matter would be appropriate.

Garda Personnel.

Trevor Sargent

Ceist:

34 Mr. Sargent asked the Minister for Justice, Equality and Law Reform the number of members of the Garda Síochána who have been dismissed from the force or lost their pension entitlements in each of the past ten years; and if he will make a statement on the matter. [16190/05]

I am informed by the Garda authorities that the number of personnel who have been dismissed from the Garda Síochána in each of the years 1995 to 2004 and from 1 January to 13 May 2005 was as set out as follows:

Year

1995

2

1996

1

1997

1

1998

4

1999

0

2000

0

2001

3

2002

2

2003

0

2004

3

13/05/2005

2

In addition, the number of probationer gardaí whose services have been dispensed with in the same period was as set out as follows:

Year

1995

1

1996

1

1997

1

1998

0

1999

0

2000

2

2001

0

2002

0

2003

1

2004

0

13/05/2005

0

Under the terms of the Garda Síochána Pensions Order 1925, and agreements made within the Garda Conciliation Council, deductions can be made from pensions only in cases involving financial loss to the Exchequer. This is meant to cover cases involving fraud and the like. No member of the Garda Síochána who has been dismissed from the force or whose services have been dispensed with in the past ten years has lost pension entitlements which they have accrued up to their final date of service.

Asylum Applications.

Catherine Murphy

Ceist:

35 Ms C. Murphy asked the Minister for Justice, Equality and Law Reform if he intends to confer immigration status on persons (details supplied) who were granted work permits due to the fact that they were resident here as asylum seekers prior to 28 July 1999. [16011/05]

The position is that persons in the State seeking asylum do not have the right to work pursuant to section 9(4)(b) of the Refugee Act 1996. However, as an exceptional measure — and before the commencement of the Refugee Act 1996 in November 2000 — the Government decided on 26 July 1999 to allow a certain category of asylum seeker to seek employment, while his-her asylum claim was being processed.

The qualifying criteria were, first, that the asylum seeker had made his-her application on or before 26 July 1999, second, that the application was more than 12 months old and had not been finally determined, and, third, that the person had been complying with his-her obligations as an asylum seeker. In addition, requests from employers for work permits to employ asylum seekers in that category were to be generally facilitated.

Approximately 2,500 person fell into this category. The concession was subsequently amended to remove the need for employers to seek work permits for the persons eligible, who were instead issued with "right to work" letters. However, this right to work ceased if and when the person received a final negative decision about his or her asylum claim. This has subsequently been upheld in judgments by the High and Supreme Courts.

The position in regard to the six persons referred to by the Deputy is as follows. All six have had their asylum claims rejected. Two are evading deportation orders already issued in respect of them since 8 March 2002 and 10 February 2005, respectively, and are being sought by the Garda National Immigration Bureau for removal. The remaining four cases are being considered for deportation-leave to remain under section 3(6) of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996, prohibition of refoulement, as amended. I expect these cases to be submitted to me shortly for a decision. It should be noted that, in determining whether to issue a deportation order in respect of a person, I am obliged by section 3(6)(e) to consider the employment, including self-employment, record of the person concerned.

The persons concerned will be notified of their outcome in due course.

Crime Levels.

Joe Costello

Ceist:

36 Mr. Costello asked the Minister for Justice, Equality and Law Reform the steps being taken to deal with the surge of serious crime in recent months, including the spate of gangland style killings, robberies of cash in transit consignments, abductions and kidnappings; if he will provide additional resources to the Garda to help them combat these killings; and if he will make a statement on the matter. [16112/05]

I refer the Deputy to my answer to priority Question No. 6 of today's date.

National Women’s Strategy.

Aengus Ó Snodaigh

Ceist:

37 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if he will report on the progress of the interdepartmental committee in developing a national women’s strategy; the composition of the committee; if the draft strategy will be ready by the end of July 2005 as previously indicated; and if the strategy will be completed by October 2005 as previously indicated. [16172/05]

An interdepartmental committee, chaired by my Department, and comprising senior officials in relevant Departments was established in January 2005 to take responsibility for the drafting of the strategy. The chairperson has advised me that he is satisfied that the committee is on course to complete its work by end October.

A consultation group made up of the social partners and the National Women's Council of Ireland has also been established.

Crime Levels.

Thomas P. Broughan

Ceist:

38 Mr. Broughan asked the Minister for Justice, Equality and Law Reform the number of cases of murder in which firearms were used in respect of each year from 1998 and to date; the number of such cases in which prosecutions for murder have been initiated; the number of such cases in which convictions have been secured; if he is satisfied with the level of detection and conviction in such cases; and if he will make a statement on the matter. [16114/05]

Joe Costello

Ceist:

260 Mr. Costello asked the Minister for Justice, Equality and Law Reform the number of cases of murder in which firearms where used in respect of each year from 1998 to 2005 to date; the number of such cases in which prosecutions for murder have been initiated; the number of such cases in which convictions have been secured; if he is satisfied with the level of detection and conviction in such cases; and if he will make a statement on the matter. [16262/05]

I propose to take Questions Nos. 38 and 260 together.

I am informed by the Garda authorities that the following table shows the number of murders in which firearms where used in respect of each year from 1998 to 16 May 2005.

As the Deputy is aware, the Director of Public Prosecutions is statutorily independent in the performance of his function and it would, therefore, be inappropriate for me to comment on his decisions. Furthermore, judges are independent in the exercise of their judicial functions and subject only to the Constitution and the law. It would therefore be inappropriate for me to comment on their decisions also.

Murders involving Firearms 1998 to 16 May 2005.

Year

Recorded

Detected

Proceedings Commenced

Convictions

1998

4

3

2

1

1999

12

7

7

5

2000

11

6

5

2

2001

9

4

2

2

2002

10

4

4

2

2003

20

8

4

1

*2004

9

6

5

1

*2005

8

1

1

0

*Figures for 2004 and 2005 are operational and liable to change.

I am informed by the Garda authorities that murders involving the use of firearms tend to have lower conviction rates than other murders. This is not unique to Ireland. The number of violent deaths, murder and manslaughter, recorded in 2004 is 45, the lowest number recorded in ten years, despite our population increasing by 400,000 during the same period.

Tribunals of Inquiry.

John Gormley

Ceist:

39 Mr. Gormley asked the Minister for Justice, Equality and Law Reform the efforts which have been made by him to ensure that persons (details supplied) have legal representation at the Morris tribunal; and if he will make a statement on the matter. [16186/05]

The persons applied for and were granted the right to legal representation in July 2002.

They were fully represented by counsel during the opening of the second module, the Barron investigation module, in Donegal in the summer of 2003. Work on that module was discontinued in September 2003 until June 2004, while the tribunal completed its hearings into and published its report on the first module. The family was not represented by counsel on the resumption of the second module in June 2004 to its conclusion in April last. At various times the persons concerned complained that they were unable to obtain legal representation by reason of the costs involved and have sought to have the costs of their legal representatives paid or guaranteed in advance.

The costs issue has been raised on many occasions in the House and my position on it is clear. The current legislation, the Tribunal of Inquiry (Evidence) Acts 1921 to 2002, provides that the question of costs is solely a matter for the tribunal. The Acts provide that a tribunal which, having regard to its findings and all other relevant matters, is of opinion that there are sufficient reasons rendering it equitable to do so, can order the whole or part of the costs of representation of a person appearing before it to be paid.

A tribunal, when determining whether costs should be paid, may take into account failure to co-operate or to provide assistance to, or knowingly giving false or misleading information to, the tribunal. This has important practical implications for tribunals generally in their search for the truth. The power to decide on costs is, therefore, one of the most powerful weapons in the armoury of a tribunal to ensure the co-operation and truthfulness of the parties.

In relation to the Morris tribunal, it is clear from the chairman's judgment on applications for costs associated with the first module that he regards co-operation with the tribunal and truthfulness in giving evidence as matters of paramount importance. In deciding on costs he made deductions in some cases and totally rejected other applications where he was of the opinion that persons deliberately lied or otherwise hindered him in his efforts to get to the truth.

It is crucial that this power is available to tribunals and that it is not undermined. To interfere with it, however well-intentioned the motives, would blunt the effectiveness of tribunals in general, and the Morris tribunal in particular, in uncovering the truth and I am not prepared to do that. I have consistently maintained this policy even in the face of High Court challenges from a number of parties to the Morris tribunal.

The McBrearty family is being treated no differently than other witnesses to this or any other tribunal when it comes to the issue of legal representation and the payment of legal costs. Furthermore, it is clear that Mr. Justice Morris is well aware of the issues of the various parties with regard to their costs and has acted expeditiously by dealing with the costs of each module at the close of each module. This is clearly of significant assistance to witnesses with legal representation. Accordingly, no lawyer whose client co-operates with the tribunal will experience any undue delay in payment.

A report on the second module is anticipated in the near future and on the evidence of the first report, clearly the tribunal will be forthright in its comments and its criticisms and will not hesitate to apportion blame wherever it feels necessary. The Government for its part will also act quickly, as it did in the light of the first report, in response to the findings of the tribunal.

On the issue of costs, it is expected that the tribunal will hear applications for costs associated with the second module on 13 June. This may prove to be of assistance to the family who will be entitled to make an application for costs associated with this module of the tribunal's work.

Prisons Building Programme.

Jan O'Sullivan

Ceist:

40 Ms O’Sullivan asked the Minister for Justice, Equality and Law Reform the position with regard to plans to construct a new prison at Thornton, County Dublin; if the Irish Prison Service has taken possession of the site; the estimated cost of the project; when construction will begin; when the project will be completed; if his Department or the Irish Prison Service has met with local residents to hear their concerns; and if he will make a statement on the matter. [16137/05]

A contract has been signed for the purchase of the site and that plans are being formulated at present regarding the prison development. These will be made available in conjunction with the statutory planning process. In accordance with the Department of Finance regulations, the Prison Service is currently preparing a business case regarding the development for submission to the Government. It is intended that construction of the prison development will commence in late 2006. The cost of this project will be determined following a procurement process in line with EU directives and public procurement guidelines. It would, therefore, be inappropriate for me to give an indication in relation to costs at this stage as this would be commercially sensitive information which may affect the tendering process. One meeting has been held between officials of the Irish Prison Service and a group of representatives from the local primary school. There will be a process of consultation with the local community as soon as outline plans for the new development are drawn up.

Irish Prison Service.

Ciarán Cuffe

Ceist:

41 Mr. Cuffe asked the Minister for Justice, Equality and Law Reform the action he is taking to address the concerns expressed in the Second Annual Report of the Inspector of Prisons and Places of Detention for 2003. [16180/05]

I refer the Deputy to my reply to priority Question No. 9 of today's date.

Refugee Appeals Tribunal.

Paul Nicholas Gogarty

Ceist:

42 Mr. Gogarty asked the Minister for Justice, Equality and Law Reform if he has plans to provide a meaningful statistical breakdown of cases decided upon by the Refugee Appeals Tribunal. [16185/05]

Liz McManus

Ceist:

64 Ms McManus asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the call made by a person (details supplied) for the publication of a breakdown of the decisions made by members of the Refugee Appeals Tribunal; if he will publish such details; and if he will make a statement on the matter. [16126/05]

I propose to take Questions Nos. 42 and 64 together.

As the Refugee Appeals Tribunal, RAT, is a quasi-judicial body, the members of which are statutorily independent in the performance of their functions under the provisions of sections 15 and 16 of the Refugee Act 1996, as amended, it is a matter for the tribunal to decide on the nature of the statistical information which it publishes.

Some statistical data on the work of the tribunal is contained in the 2004 RAT annual report, which was laid before both Houses of the Oireachtas on 20 April 2005.

Proposed Legislation.

Joe Sherlock

Ceist:

43 Mr. Sherlock asked the Minister for Justice, Equality and Law Reform when the long promised Judicial Conduct and Ethics Bill will be published; if he has brought proposals to Government on the matter; if the heads of a Bill have been approved by Cabinet; the general approach he intends to adopt; and if he will make a statement on the matter. [16153/05]

I expect to be in a position shortly to bring the scheme of a Judicial Council Bill to Government for approval with a view to publishing the Bill in the first half of this year. The preparation of the scheme of the Bill is at an advanced stage. I am engaged in a number of necessary consultations on the draft scheme at present.

The Bill will establish a judicial council with responsibility for a number of matters. Among these will be the devising of a code of ethics and the management of a process, to be set out in the Bill, for the investigation of complaints about judicial misbehaviour. An important feature of this disciplinary process will be provisions requiring lay participation, that is to say people who are not judges or lawyers, in the process. Other matters to be included in the council's functions will be responsibility for judicial education and training and the exchange of information among judges on such matters as sentencing. In these regards, the Bill will build on the Report of the Committee on Judicial Conduct and Ethics chaired by the former Chief Justice, Ronan Keane.

When the scheme of the Bill has been approved by Government, I will make it available to the Joint Committee on Justice, Equality, Defence and Women's Rights. Any views that may emerge from the joint committee can be taken into account during the drafting of the Bill, which will be proceeding at the same time.

Claims against Gardaí.

Seán Ryan

Ceist:

44 Mr. S. Ryan asked the Minister for Justice, Equality and Law Reform the amount paid out either in respect of court awards or out of court settlements for claims taken against members of the Garda in respect of assault, unlawful arrest or other breach of a citizen’s right in respect of 2001, 2002, 2003, 2004 and to date; the number of cases in which awards have been made by the courts and the number of cases which have been settled out of court; the number of such cases pending; and if he will make a statement on the matter. [16150/05]

The information requested by the Deputy in regard to court awards and out of court settlements in actions taken against members of the Garda Síochána in respect of assault, unlawful arrest or other breaches of citizens' rights is set out in the following table. As of 31 December 2003, there were approximately 750 civil actions taken against members of the Garda Síochána on hand. A detailed breakdown of these actions in the form of the number of allegations of assault, unlawful arrest and other breaches of citizens' rights is not readily available. However, a database introduced in 2002 for the purposes of recording civil actions taken against members of the Garda Síochána, indicates that in 2003 — the first complete year for which a detailed breakdown is available — of the 142 actions initiated or received in that year by my Department, there were 34 cases of alleged assault recorded and 38 cases of alleged unlawful arrest recorded. The remaining 70 cases recorded included allegations of defamation and harassment. In the year 2004, 127 actions were initiated-received. They included 40 cases of alleged assault and 26 cases of alleged unlawful arrest. In the year 2005 to date, 44 actions have been initiated-received. They include 19 cases of alleged assault and six cases of alleged unlawful arrest.

Civil actions may be taken by the general public against members of the Garda Síochána for compensation for alleged wrongs and personal injuries inflicted on them by Garda members in the performance of their duties. The highest percentage of these types of civil actions against the Garda Síochána is in regard to assault and unlawful arrest. The majority of these cases have been settled for less than €25,500. Settlement of cases takes place on the advice of the Chief State Solicitor, the Attorney General and State counsel.

The Garda Commissioner has informed me that incidents which result in claims against the State in respect of the actions of gardaí are examined as appropriate with a view to identifying and implementing operational strategies to eliminate or reduce similar claims in the future. The Garda Commissioner has also informed me that the Garda Síochána (Discipline) Regulations 1989 are invoked in appropriate cases where the actions of individual Garda members come into question. One of the principal aims of the Garda Síochána Bill 2004 is the establishment of a new mechanism for dealing with complaints against members of the Garda Síochána which will secure public confidence and which will address the acknowledged shortcomings in the existing law and procedures on complaints.

Year (Total Amount)

Assault

Unlawful Arrest

Other

2001 €1,619,746.83

Awards

1,904.61 (1)

20,950.68 (2)

22,220.42 (1)

Settlements

123,164.59 (5)

33,965.49 (3)

162,782.25 (9)

Costs

244,665.35

123,199.41

886,894.03

Total

369,734.55

178,115.58

1,071,896.70

2002 €1,240,388.40

Awards

1,270 (1)

3,809.21 (1)

56,500 (2)

Settlements

166,924.48 (6)

106,835.58(10)

185,078.82(11)

Costs

230,769.67

148,714.19

340,486.45

Total

398,964.15

259,358.98

582,065.27

2003 €1,276,127.55

Awards

11,000 (1)

10,000 (2)

4,870 (2)

Settlements

75,000 (4)

303,011 (5)

112,814.84 (4)

Costs

145,561.70

71,794.28

542,075.73

Total

231,561.70

384,805.28

659,760.57

2004 (Provisional) €938,799.09)

Awards

15,000 (1)

0

3,215.06 (1)

Settlements

198,697.48 (5)

73,007 (5)

50,500(3)

Costs

231,646.62

100,019.36

266,713.57

Total

445,344.10

173,026.36

320,428.63

2005 (Provisional) €693,980.22) as at 16/05/05

Awards

250.00 (1)

Settlements

37,500 (2)

16,114.00 (3)

Costs

20,570 (1)

618,941.22 (8)

605.00 (1)

Total

58,070.00

635,305.22

605.00

The number of cases in which awards were made by the courts and the number of cases which were settled out of court are shown in brackets in each case.

Children Act 2001.

Paul Nicholas Gogarty

Ceist:

45 Mr. Gogarty asked the Minister for Justice, Equality and Law Reform his plans fully to implement the Children Act 2001; and if he will make a statement on the matter. [16184/05]

The Deputy will appreciate that the Children Act 2001 is very complex and comprehensive legislation and, for those reasons, provisions under the Act are being implemented on a phased basis, as was envisaged at the time of enactment.

Responsibility for implementing the Children Act 2001 lies with three Departments, the Departments of Justice, Equality and Law Reform and Education and Science mainly in respect of juvenile offending, and Health and Children mainly in respect of children who are non-offending but out of control. The National Children's Office is co-ordinating the cross departmental aspects of the implementation of the Act.

Three main areas of the Act for which I have responsibility remain to be brought into operation. These concern the age of criminal responsibility, community-based options and the provision of children detention centres for 16 and 17 year old offenders.

The first commencement order under the Act in respect of my Department was signed by my predecessor on 23 April, 2002. This order, which came into force on 1 May 2002, brought into operation a wide range of provisions including:Part IV — diversion programmes, including the Garda restorative justice provisions; most of Part VI — treatment of child suspects in Garda stations; Part VII — children's court; and Part XII — child protection measures. Among the other provisions brought into operation on 1 May 2002, were: the payment of compensation by parents in respect of offences committed by their children — section 113 of the Act; a court order which would require parents to exercise proper and adequate control over their children — section 114 of the Act; and restriction on movement order.

I signed the second commencement order under the Act on 29 July 2004. This order brought into operation the remaining restorative justice provisions. Restorative justice is a philosophical framework, which considers the ways in which crime harms relationships in the context of the community. It is a way of dealing with victims and offenders by focusing on the settlement of conflicts arising from crime and resolving the underlying problems which cause it.

The family conference which was placed on a statutory basis on 29 July 2004 is convened by the probation and welfare service and the convening of the conference is directed by the court where it considers that the preparation of an action plan would be desirable in an individual case.

A pilot programme for the mentor, family support, order is due to commence shortly. Pilot programmes of parental supervision orders are also being developed and are expected to be introduced later this year.

Under the Children Act, I, as Minister for Justice, Equality and Law Reform, will be obliged to provide separate detention facilities for 16 and 17 year old boys and girls who are committed to custody by the courts either on remand or under sentence. The provision of appropriate custodial facilities is a priority for the Irish Prison Service. The primary objective of these detention centres will be to provide a secure but supportive environment in which young offenders can develop the personal and social skills necessary to avoid future offending.

Garda Deployment.

Dan Boyle

Ceist:

46 Mr. Boyle asked the Minister for Justice, Equality and Law Reform the number of community gardaí in place in each of the past five years for which figures are available; and if he will make a statement on the matter. [16182/05]

The information sought by the Deputy has been requested from the Garda authorities and will be forwarded to him as soon as it becomes available.

Asylum Support Services.

David Stanton

Ceist:

47 Mr. Stanton asked the Minister for Justice, Equality and Law Reform if his Department has carried out its own review of the living conditions and health of asylum seekers in accommodation across Ireland since their introduction in 2000; the findings of such reviews; if his Department is satisfied with the living conditions and health of asylum seekers in accommodation centres; when his Department intends to carry out the next review; and if he will make a statement on the matter. [16167/05]

Since direct provision was introduced, the Reception and Integration Agency, RIA, has provided accommodation for more than 38,000 asylum seekers. The RIA currently operates four main reception centres, with capacity for 731 persons, in the Dublin area and 67 direct provision accommodation centres in 25 counties with capacity for 6,589 persons. In addition, the RIA operates 12 self-catering centres with a capacity for 950, to cater for asylum seekers who because of exceptional medical or social circumstances cannot have their needs met in direct provision or who have spent more than two years in direct provision.

In all accommodation centres that house asylum seekers, contractors are obliged, on foot of a memorandum of agreement with the RIA, to ensure that their premises comply with and operate in accordance with all relevant statutory requirements of local authorities in regard to planning, building, by-laws, bedroom capacity, food, food hygiene, water supply, sewage disposal, fire precautions and general safety, including: European Communities (Hygiene of Foodstuffs) Regulations 2000; European Communities (Official Control of Foodstuffs) Regulations 1998; Fire Services Act 1981; Food Hygiene Regulations 1950-1989; Health, Safety and Welfare at Work Act 1989; Housing Acts 1966 to 2002; Planning and Development Act 2000 and the Planning and Development (Amendment) Act 2002; Drinking Water Regulations 1988; Employment Permit Act 2003; Tourist Traffic Acts 1939-1995, any statutory modification or re-enactment of same; and any other relevant Act or regulations as may be notified by the Minister to the proprietor or contractor.

The memorandum of agreement places other obligations on the contractor in relation to reception, management and staff issues, menus and food for infants and school-going children, maintenance of the property and fire and safety standards.

In circumstances where asylum seeker parents and their children are accommodated in centres operating under the aegis of the RIA, particular emphasis is placed on meeting their needs. It is the policy of the RIA that cots are provided in each reception and accommodation centre where infants are accommodated and that toilet and bathroom facilities are provided in accordance with relevant statutory requirements. In this regard, the memoranda of agreement stipulate that, at a minimum, in addition to cots, the following should be available: infant formula; infant food; access to fresh water — for the preparation of infant formula; sterilizers — sufficient for the number of infant children; kettles — for boiling water; fridges — for infant formula bottles; and microwave-bottle warmers.

The RIA has secured the secondment of a director of child and family services from the Health Service Executive to examine, inter alia, the current services provided to families and children and to make recommendations as to how they can be further developed in keeping with the requirements of the national children’s strategy and the UN Convention on the Rights of the Child.

The director of child and family services will also work with appropriate health agencies in developing strategies to further develop the nutritional standards in respect of food provided to infants and children in centres operated by RIA and in developing support mechanisms for aged out unaccompanied minors after transition into direct provision. In addition, she will liaise with schools and other service providers so as to ensure that their needs are met to the greatest extent possible.

It is the policy of the RIA to conduct regular comprehensive inspections of properties used to house asylum seekers. These inspections are carried out internally by RIA staff and externally by an independent company who have stated experience in hazard and critical control point, HACCP, analysis and fire safety. In addition, all premises are subject to inspection by the local environmental health officer and fire officer. Any breach of standards is viewed very seriously by the RIA and major breaches have led in the past to the closure of centres.

Asylum seekers have access to health services on the same basis as the indigenous population and the provision of health services is a matter, in the first instance, for the Department of Health and Children and the Health Service Executive.

Health screening continues to be available in Dublin reception centres to all asylum seekers on a voluntary and strictly confidential basis. They are advised of this immediately on arrival. Screening covers hepatitis, TB, HIV, immunisation status and any other ailments or conditions which the medical officers feel need further investigation and-or treatment. All asylum seeker women attending maternity hospitals throughout Ireland are screened as part of their ante-natal care.

In addition, the psychology department, based at St. Brendan's Hospital, Dublin and funded by the HSE northern region, provides an outreach service at each of the centres within the catchment area of what was previously the Eastern Regional Health Authority area.

GP services are also provided on site at the Dublin reception centres which facilitates the referral onward of persons who may require specialist services, for example, psychiatric services.

An ante-natal outreach clinic, funded by the HSE northern region with staff provided from the Rotunda Hospital, began operating in Balseskin reception centre in November 2002. The outreach clinic submitted an application for the Derek Dockery Award, which was instituted in 2003 in memory of the contribution to the health services of the late Derek Dockery who worked in the health service. Thirty nine applications were received from across the HSE, previously ERHA region, under four categories — community based initiatives, health facilities based initiatives, equality promoting initiatives and initiatives in management. The outreach clinic won both the award in the category "General Innovations in the Community to Promote Principles of the Health Strategy" and also the overall award.

Arising from discussions held by a multi-agency group, established by the Northern Area Health Board, now the HSE, which included representatives from Spiritan Asylum Seeker Initiative, SPIRASI, a non-governmental organisation, and the RIA, one of the principal needs identified was the lack of accurate and comprehensive information on health services for newly arrived asylum seekers.

A steering committee, comprising the stakeholders listed, was formed to oversee the establishment and management of a peer-led health information programme located at SPIRASI. It was felt the programme would be most effective if delivered by suitably qualified personnel who, ideally, had first hand experience of the asylum and refugee process.

The programme is available to all newly arrived asylum seekers in Dublin. It provides them with a detailed description of the health services in Ireland, the availability of services and how they may be accessed. This programme covers such diverse areas as maternity, GP, health screening, mental health and community welfare services.

The programme was entered into competition for an Irish Healthcare Pharmaceutical Award in 2004 which recognises innovation and excellence in Irish health care, emphasising the partnership between health care professionals and the pharmaceutical industry. The project received a commendation under the "Best Patient or Public Education Project (Non-Pharmaceutical)" category.

In addition to working with specific cases, the agency also works closely with health service providers and non-governmental organisations to promote awareness of health service needs of asylum seekers. In this regard, the RIA commissioned a report in 2004 on the use of interpreter services in a health service context. A copy of the report was sent to the Department of Health and Children and I understand that, on foot of the report, additional funding for interpreter services was made available this year to the HSE.

The RIA has also worked closely with the HSE and the Department of Health and Children in developing infant feeding guidelines for asylum seeker infants in direct provision. These guidelines are due to be launched later this year.

A one day seminar was hosted by RIA in January 2005 entitled "Mental Health Services for Asylum Seekers and Refugees". The seminar was attended by service providers, NGO representatives together with RIA and Department of Health and Children representatives. A report on the proceedings of the day is due to be circulated shortly to all attendees and a copy will be forwarded to the Department of Health and Children and the HSE for consideration as part of the overall review of mental health services currently under way.

As part of an initiative led by the Department of Health and Children, the RIA was represented earlier this year at a seminar on health impact assessment. This assessment programme recognises the impact on health of policies and programmes in areas other than the health sector. Further work will be done within my Department and its agencies in the coming months in consultation with the Department of Health and Children and the Institute of Public Health to develop specific health impact assessment programmes in each area.

Over the past four years, the RIA has facilitated the development, throughout the country, of an extensive network of support groups for asylum seekers in direct provision. These voluntary groups are involved in a range of activities to befriend asylum seekers, to assist them to settle into local communities and to promote intercultural activities between the asylum seekers and the local community. Partial funding for projects carried out by these groups is available from a small grants scheme. A total of €170,000 was made available under this scheme in 2004, benefiting more than 60 projects. A total of €140,000 was made available under this scheme in 2003, benefiting more than 60 projects. Grants for 2005 are currently being processed.

I am satisfied that the system of direct provision and dispersal operated by the State is a fair and humane way of meeting the accommodation and ancillary needs of asylum seekers. It is at least on a par with best practice in other EU states and the Government has no plans at this point in time to the change the system.

Garda Divisional Structures.

Catherine Murphy

Ceist:

48 Ms C. Murphy asked the Minister for Justice, Equality and Law Reform if he intends to redraw Garda divisions as they relate to north Kildare. [15999/05]

I have been informed by the Garda authorities, who are responsible for the detailed allocation of resources, including personnel, that there are currently no plans to alter Garda divisional structures as they relate to north Kildare.

The Deputy will, however, be aware that in October 2004 the Government 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, and this context the needs of the north Kildare area will be fully considered within the context of the needs of Garda divisions throughout the country.

Sex Offender Treatment Programme.

Emmet Stagg

Ceist:

49 Mr. Stagg asked the Minister for Justice, Equality and Law Reform his views on the recent report submitted to his Department suggesting that sex offenders should be given special privileges in jail, including early release, temporary release and transfer to open prisons if they agree to participate in treatment programmes; and if he will make a statement on the matter. [16160/05]

The report referred to, namely, An Independent Evaluation of the Irish Prison Service Sexual Offender Intervention Programme, was commissioned and funded by my Department. It provides a scientific evaluation of the Irish Prison Service sex offender programme. The report found that the sex offender programme complied with the highest international standards of programme delivery and that the programme achieved significant positive changes in the psychological risk factors for sex offending in men who had successfully completed the programme.

The report makes a number of recommendations as to how the programme can be further developed and enhanced which are currently being examined by the Irish Prison Service and will contribute to future development of the current sex offender programme. The complex and technical nature of this circa 500 page report requires a great deal of care and comprehensive examination by the Irish Prison Service given the issues involved and the imperative to ensure public safety.

Industrial Disputes.

Willie Penrose

Ceist:

50 Mr. Penrose asked the Minister for Justice, Equality and Law Reform if he will reopen discussions with the Irish Prison Officers’ Association in regard to the dispute on overtime working, especially in view of the offer made by the IPOA at its recent conference; and if he will make a statement on the matter. [16140/05]

I have no intention of renegotiating the proposal for organisational change which has already been arbitrated upon by the Civil Service Arbitration Board.

Since I took office in 2002, I have allowed ample space and time for a mutually acceptable negotiated settlement to be reached between the Irish Prison Service and the Prison Officers' Association. Following on the rejection of an earlier offer in October 2003, I agreed to use the full range of industrial relations machinery available in the State including the conciliation services of the Labour Relations Commission and the ultimate arbitration facilities of the Civil Service Arbitration Board. That process continued over a 16 month period and involved long and painstaking negotiations. Compromises were made on both sides and a set of mutually acceptable arrangements in the form of the Proposal for Organisational Change in the Prison Service eventually emerged. These arrangements included a substantial arbitration award recommendation. Despite reservations which I held about the deal, which were shared by the Minister for Finance and the rest of my colleagues in Government, I nevertheless accepted that the overall package represented a workable way forward for the future. The Prison Officers' Association, for its part, strongly endorsed the deal and recommended to the membership that it be accepted. The association sought the space and time to explain the deal to staff without any interference from the management side. Management accepted the best industrial relations advice in the matter and left the field clear for the association to explain the deal to staff over a number of weeks. Despite this level of consensus, prison officers opted to reject the deal by a very substantial margin.

I met the Prison Officers' Association at its request following the ballot result and I made my position abundantly clear. I told the national officers of the POA that I was not in the business of renegotiating the proposal for organisational change which had already been arbitrated upon by the Civil Service Arbitration Board. I made it clear that I was not prepared to compromise the integrity of the whole industrial relations process which had served the State so well and must continue to serve our public services into the future.

When I met the association, I was informed that it would review its position following the rejection of the ballot at its annual delegate conference on 5 and 6 May. I understand from media reports that the association may have a proposal to make on the proposed method of allocation of additional hours to staff and that a cost neutral reallocation of the additional hours available under the deal might provide a solution. I am not convinced by the arguments I have heard to date in this context. However, I remain open to considering any detailed written proposals which the staff side may wish to put forward but I must repeat that I will not compromise the integrity of the national and public service industrial relations machinery by renegotiating this deal for change. Whatever proposals may be put forward by the POA, they must not upset the delicate balance achieved between the negotiated and arbitrated elements of the deal. In the meantime, I intend to press ahead with the alternative measures I have outlined in the House in recent weeks.

I have given more than enough time for a negotiated resolution of the overtime problem. At this point, the public expects me to act decisively to deal with the problem and, as I see it, I have no alternative but to do so.

Security Industry.

Joan Burton

Ceist:

51 Ms Burton asked the Minister for Justice, Equality and Law Reform the position in regard to a proposed code of practice for the private security sector; when the code will be finalised; and if he will make a statement on the matter. [16116/05]

The draft voluntary code of practice on the movement of cash in Ireland sets out the agreed principles for major cash movements in this country. The objectives of the code are to encourage the highest standards of operation and to implement integrated end-to-end solutions to create safe, secure and efficient cash handling.

The forum that is meeting regularly to develop the code is made up of stakeholders from: the Garda Síochána; the Central Bank; the Irish Bankers Federation; AIB; Bank of Ireland; Permanent TSB; Ulster Bank; National Irish Bank; Securicor; and Brinks Allied.

On 31 March, I met the forum following a number of cash in transit robberies this year. I explained that the Government had a duty to ensure that all that could be done was being done to ensure the safety of security workers and the general public. I gave the forum 120 days from that date to agree and start implementing a voluntary code of practice. If it did not succeed, I would have no choice but to introduce legislation on the standards required for the movement of cash.

The forum met again on 11 April and did not reach agreement. Following that meeting, I wrote to the chairmen and governors of the banks expressing my disappointment with the lack of progress and asked for their support in reaching an agreement. The forum met again on 6 May. My officials have attended these meetings as observers and have now informed me that it is expected the code of practice will be agreed within the next month.

Once the code is agreed, I hope other financial institutions and cash-in-transit companies will sign up to the code and voluntarily agree to operate to the same high standards.

Eamon Gilmore

Ceist:

52 Mr. Gilmore asked the Minister for Justice, Equality and Law Reform the matters discussed and conclusions reached at his meeting with representatives of SIPTU regarding the provision of increased Garda back-up for consignments of cash in transit, in view on the number of robberies and the cases in which the lives of security workers have been threatened or put at risk; and if he will make a statement on the matter. [16118/05]

On 25 April 2005 I met with the SIPTU general president and SIPTU representatives from a number of the cash in transit companies. I informed them that I wanted to ensure that proper procedures and standards are in place to combat the threat to security employees, their families and the general public. Measures would have to be taken to ensure that the highest standards would be met in cash escorts and cash holding centres. I indicated my preference that there would be voluntary agreement on a code of practice that would see the industry operating to the highest international standards.

To this end I informed them that a forum comprising representatives of the main banks, the Central Bank, the major cash in transit service providers and the Garda Síochána has been considering a draft code of practice since November 2004. The objective of the code is to encourage the highest professional standards of cash in transit operations using integrated end to end solutions to create safe, secure and efficient cash handling. I indicated at the meeting that if such an agreement cannot be adopted voluntarily by the end of July I would have no choice but to regulate to ensure that standards are raised. However, my preference remains that key players, acting in partnership, voluntarily agree to act in the interests of their industry, their employees and the general public. Voluntary completion of the work already in hand would be the fastest way of improving standards for cash movements. Agreement, if and when achieved, will represent the first time the main stakeholders commit to operating to agreed standards of procedure and equipment. It will provide for an environment of safety and security and could eventually be adopted as a mandatory code.

At the conclusion of the meeting SIPTU expressed its appreciation for my actions in addressing the concerns of its members.

Prisons Building Programme.

Jim O'Keeffe

Ceist:

53 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the reason adequate time was not given to assessing all aspects of the land chosen for the new Mountjoy Prison at Thornton Hall, including the potential heritage impact and the infrastructural deficiencies; and the further reason there was such unseemly haste in completing contracts of a vastly inflated price on the farm in question. [16192/05]

The procedures followed for the selection and purchase of the site at Thornton are the subject of proceedings before the High Court and the Deputy will appreciate that care must be taken to avoid prejudicing those proceedings. Nevertheless, the committee, which recommended purchase of the site at Thornton, gave full consideration to all potential sites brought to its attention, including the site at Thornton.

The availability of the site at Thornton was made known to the Irish Prison Service in December 2004. It was the subject of a physical inspection by staff of the Irish Prison Service, aerial photographs of the site were taken, an engineering, planning and technical survey was carried out and a check was made for listed sites and monuments.

Subsequent to this and informed by the preliminary work just referred to, the selection committee, comprising representatives from the Department, the Irish Prison Service and a commissioner from the Office of Public Works, assessed the site on 18 January 2005 using the marking matrix applied to other sites. On the basis of these objective criteria, the committee then recommended purchase of the site at Thornton. A contract to purchase the site was entered into on 26 January 2005.

The infrastructural needs of the site were addressed in the engineering, planning and technical survey and were considered by the selection committee. No presence of any architectural or archaeological feature with implications for the construction of a prison facility on the site has been identified.

As regards price, I would point out that an open, transparent and objective public procurement procedure was utilised. Advertisements were placed in the major newspapers inviting any person with suitable land in the greater Dublin area to contact the Irish Prison Service. More than 30 sites were put forward and assessed. The average asking price was €200,000 per acre but some owners sought as much as €500,000 per acre.

The site at Thornton, which is costing €29.9 million for 150 acres, was the least expensive suitable site considered by the selection committee.

The redevelopment of a prison complex on the Mountjoy site would cost in excess of €400 million. The purchase of the Thornton site provides a 150 acre site for the location of a modern campus to provide humane rehabilitative prison conditions at a considerably lower cost as well as allowing the full value of the 20 acre Mountjoy site to be realised.

Maternity Leave Provisions.

Arthur Morgan

Ceist:

54 Mr. Morgan asked the Minister for Justice, Equality and Law Reform if he will introduce legislation to increase maternity leave entitlements in the State to 26 weeks paid and 26 weeks unpaid leave in view of the severe difficulties faced by working mothers due to the lack of available and affordable child care. [12176/05]

A review of the maternity protection legislation was carried out in 2000 by a working group, chaired by my Department, which comprised the social partners and relevant Departments and agencies. The working group recommended an increase in the maternity leave entitlement, which attracts a payment from the Department of Social and Family Affairs, from 14 weeks to 18 weeks and an increase in the unpaid additional maternity leave entitlement from four weeks to eight weeks. These increases were implemented in March 2001 shortly after the group completed its deliberations.

The Maternity Protection (Amendment) Act 2004, which was commenced on 18 October 2004, implemented a range of improvements in the maternity rights of working women but made no provision for a further extension of the maternity leave periods beyond the improvements already implemented and agreed with the social partners. The Government has no plans at present to introduce any further increases to the duration of maternity leave.

This Government has worked actively over the past eight years to increase the supply and quality of child care places to meet the needs of working parents. It has provided more than €499 million in funding for this purpose under the national development plan and the Equal Opportunities Childcare Programme 2000-2006, which aimed to increase the supply of centre based child care places by 55% or about 31,000 additional centre based child care places by programme end. The programme is now expected to deliver at least 36,000 new places making a much wider choice of centre based child care available to parents across Ireland. By the end of 2004 more than 24,600 of these new child care places were already in place. The programme also aims to provide support and assistance to the many childminders who are providing a child care service in their own homes and promotes quality enhancement for the broad child care sector.

Family Law.

Jack Wall

Ceist:

55 Mr. Wall asked the Minister for Justice, Equality and Law Reform the implications for divorce law here of the recent EU Green Paper on divorce; and if he will make a statement on the matter. [16162/05]

I refer the Deputy to my reply to Questions Nos. 188 to 191, inclusive, on 12 May 2005.

Decentralisation Programme.

Seamus Healy

Ceist:

56 Mr. Healy asked the Minister for Justice, Equality and Law Reform the position regarding decentralisation of sections of the Department of Justice, Equality and Law Reform to Tipperary town; the position regarding site acquisition; the number and category of staff involved and the number and category of staff who have applied to transfer to Tipperary town through the central applications facility; when the spring report of the decentralisation committee will be published; the timescale for the transfer to Tipperary town; and if he will make a statement on the matter. [13467/05]

Seamus Healy

Ceist:

71 Mr. Healy asked the Minister for Justice, Equality and Law Reform the position regarding the decentralisation of sections of the Department of Justice, Equality and Law Reform to Tipperary town; the position regarding site acquisition; the number and categories of staff involved; the number and category of staff who have applied to transfer to Tipperary town through the central applications facility; when the spring report of the decentralisation committee will be published; and the timescale for the transfer to Tipperary town. [13192/05]

I propose to take Questions Nos. 56 and 71 together.

An implementation plan in respect of the decentralisation of certain asylum and immigration functions was prepared last year and is available on my Department's website.

A number of sites in Tipperary town are being considered by the Office of Public Works and the acquisition process is at an advanced stage. Any final agreement will depend on a number of factors including acceptable terms, zoning and compliance with the Office of Public Works technical requirements.

A total of 104 staff, ranging from the level of principal officer to service officer, have applied through the central applications facility to transfer to my Department's office in Tipperary.

The date of publication of the next report of the decentralisation implementation group is a matter for the decentralisation implementation group.

As regards the timescale for the completion of the Tipperary decentralisation project, my Department is continuing to maintain momentum with the implementation of this decision as it is with implementing its overall decentralisation programme.

Garda Systems.

Olivia Mitchell

Ceist:

57 Ms O. Mitchell asked the Minister for Justice, Equality and Law Reform the stage of development of the technology required to ensure the full implementation of all existing Road Traffic Acts; when such technology will be fully operational; and if he will make a statement on the matter. [15499/05]

The fixed charge processing system, FCPS, is the Garda IT system for processing fixed charge road traffic offences including the requirements for the penalty points system.

The FCPS is currently operational in the Dublin metropolitan region, Cork city and parts of Louth and Meath. Accordingly, the Garda Síochána exchange information with the following organisations: the Courts Service for summons applications and court hearing dates; the Department of the Environment, Heritage and Local Government for the national driver file and the national vehicle file; a third party service provider for the printing and posting of fixed charge notices; and a third party service provider engaged by the Department of Transport, for details of fixed charges that have been paid, who in turn forward this information to the Department of the Environment, Heritage and Local Government for updating the national driver file with the penalty points data.

The system will be extended nationwide in conjunction with the commencement of a fixed charge payment collection service by An Post. This is currently subject to finalisation of contract negotiations between my Department and An Post and subject to successful conclusion, it is planned to commence operation towards the end of July. This will increase the automation of processes with the various agencies.

Towards the end of this year it is planned to co-ordinate the summons generated from the FCPS with summons for the same individual generated from PULSE and this will be of further benefit to the Courts Service.

With regard to the commencement of further penalty point offences, this is a matter for my colleague, the Minister for Transport. The FCPS system can accommodate these offences as they are commenced.

Garda Strength.

Eamon Gilmore

Ceist:

58 Mr. Gilmore asked the Minister for Justice, Equality and Law Reform the number of gardaí at the latest date for which figures are available; the number expected to be recruited during 2005; the number of recruits who have graduated from the Garda Training College as full Garda members since 6 June 2002; the number of gardaí who have retired, resigned or otherwise left the force since 6 June 2002; and if he will make a statement on the matter. [16119/05]

I have been informed by the Garda authorities, who are responsible for the detailed allocation of resources, including personnel, that the personnel strength of the Garda Síochána as of 12 May 2005 was 12,257, all ranks.

It is proposed to induct approximately 1,100 Garda students to the Garda college in 2005, consisting of four intakes of approximately 275 students. The first of these four intakes, 275, commenced training on 7 February 2005. The second of these four intakes, 275, commenced training on 3 May 2005. The remaining two intakes are scheduled to commence training on 2 August 2005 and 7 November 2005 respectively.

I am further advised that between 6 June 2002 and 12 May 2005: 1,570 members have graduated from the Garda college; a total of 1,271 members, all ranks, have resigned, retired or otherwise left the Garda Síochána; and a total of 1,881 members have been attested to the Garda Síochána.

Prison Reports.

Jan O'Sullivan

Ceist:

59 Ms O’Sullivan asked the Minister for Justice, Equality and Law Reform his views on the recent report of the Inspector of Prisons on St. Patrick’s Institution; and if he will make a statement on the matter. [16138/05]

I welcome the inspector's comprehensive report on St. Patrick's Institution and I concur entirely with the report's principal finding that, despite the best efforts of many people, there is an urgent need to replace that institution with a modern facility which will have the range and level of services required to meet the needs of young people in custody. That is why I am determined to press ahead as quickly as possible with the provision of new modern custodial accommodation on a site at Thornton, County Dublin to replace all the outdated institutions on the existing Mountjoy complex, including St. Patrick's Institution.

The intention is that 16 and 17 year old boys detained in St. Patrick's Institution will, in future, be accommodated in a stand-alone facility, which will cater exclusively for this age group. I have asked the director general of the Irish Prison Service to consider how best to meet the custodial needs of the older inmates of St. Patrick's Institution — 18 to 21 year olds — in the context of development of the Thornton site.

There are three matters raised in the inspector's report which I wish to address specifically. First, the closure of the two workshops, woodwork and metalwork, at St. Patrick's Institution is indeed regrettable but it has to be said that, between them, those workshops accommodated only 12 boys whereas, following renovation, the workshops will provide training in computer, painting and decorating skills for a total of 22 boys. It was hoped to have the workshops back in operation by now but this has not been possible because of the rejection by the Prison Officers' Association of the proposal for organisational change in the Irish Prison Service.

Second, it is not the case that taxpayers' money has been squandered in the works that were undertaken initially to adapt part of St. Patrick's Institution as a special facility for 14 and 15 year old children. Those works involved complete refurbishment of all three levels of the 'B' wing of the institution, the provision of new classrooms, renovation of the recreation yard and the provision of new administration facilities. All of these facilities are fully in use other than the new classrooms, which will come into operation as soon as agreement is reached on staffing arrangements with the Prison Officers' Association. While the decision has been made to replace St. Patrick's Institution with modern accommodation on the new site at Thornton, I am satisfied that, pending its replacement, very many young people are benefiting and will continue to benefit from the improvements made.

Third, I am most concerned at the allegations of bullying and harassment of inmates at St. Patrick's Institution as I take very seriously the responsibility to ensure safe custody and care of all young people detained there. When the bullying problem was brought to my attention prior to the inspector's visit, I established that much of the problem stems from inmates who bully others in their efforts to get illicit drugs into the institution. A number of measures have been taken to counter the drugs problem, including the introduction of new visiting arrangements and provision of closer-weave netting over the recreation yard. The Governor has given an assurance that each and every specific allegation of bullying which is made to him will be fully investigated.

Independent Monitoring Commission Report.

Brian O'Shea

Ceist:

60 Mr. O’Shea asked the Minister for Justice, Equality and Law Reform when it is intended to publish the third report of the international monitoring committee, which he received on 27 April 2005; the main findings of the report; and if he will make a statement on the matter. [16135/05]

The fifth report of the Independent Monitoring Commission will come before the Government tomorrow.

It is the intention of both the UK and Irish Governments to publish the report very shortly. I will arrange to have the report laid before the Houses of the Oireachtas prior to publication, pursuant to section 10 of the Independent Monitoring Commission Act 2003. Until the report has been published, I will reserve further comment.

Garda Personnel.

Seán Ryan

Ceist:

61 Mr. S. Ryan asked the Minister for Justice, Equality and Law Reform the number of juvenile liaison officers in the Garda at the latest date for which figures are available; his plans to extend the scheme; and if he will make a statement on the matter. [16148/05]

I refer the Deputy to my reply to oral Question No. 15 of today's date.

Question No. 62 answered with QuestionNo. 26.

Garda Investigations.

Pat Rabbitte

Ceist:

63 Mr. Rabbitte asked the Minister for Justice, Equality and Law Reform if an outside counsel has been appointed to examine the papers in the Grangegorman murder case with a view to determining the way in which a person (details supplied) came to make a confession to these crimes while in Garda custody; if the terms of reference for the review have been finalised; when the process will be finalised; and if he will make a statement on the matter. [16151/05]

I have approached a leading senior counsel to examine the Garda papers on the investigation of the Grangegorman murders of 6-7 March 1997 with a view to examining how Mr. Dean Lyons came to make a confession to a crime he did not commit, the lessons that can be learned from that occurrence in an effort to ensure that anything similar does not happen again in the future and what further steps might be taken.

I am currently in discussion with the senior counsel on the terms of reference for this examination. I expect the discussions to be completed shortly.

Question No. 64 answered with QuestionNo. 42.

Money Laundering Offences.

Bernard J. Durkan

Ceist:

65 Mr. Durkan asked the Minister for Justice, Equality and Law Reform the extent to which extortion, racketeering, threatening of witnesses and money laundering has been established; if adequate resources are available to the Garda to deal with the problem; and if he will make a statement on the matter. [16171/05]

The offence of money laundering was created by the Criminal Justice Act 1994, as amended, and is now well established. A feature of the anti-money laundering regime in this jurisdiction is the obligation on designated bodies to report suspicious transactions to the Garda Síochána and the Revenue Commissioners. Designated bodies include a wide range of financial institutions, solicitors, accountants, auctioneers, estate agents, tax advisers, auditors and dealers in high value goods. The anti-money laundering provisions in Irish law conform to EU directives in this area.

I am informed by the Garda authorities that the number of suspicious transaction reports, STRs, received at the money laundering investigation unit of the Garda bureau of fraud investigation pursuant to section 57 of the Criminal Justice Act 1994 continues to increase. A total of 5,491 such reports were received in 2004. I am further informed that all STRs are investigated in full in order to ascertain if the subjects or funds have any links with criminal activity. Moreover, where appropriate, STR investigations are referred to the Criminal Assets Bureau.

The Garda Síochána has a dedicated unit within the National Bureau of Criminal Investigation which targets persons suspected of involvement in racketeering, particularly the production and sale of counterfeit products. I am informed by the Garda authorities that in 2004 counterfeit goods, mainly CDs and DVDs, to the value of €7 million were seized in ongoing searches throughout this jurisdiction.

The Garda Síochána is aware of the potential for threats to and intimidation of witnesses, particularly in prosecutions against serious criminal gangs. Such threats when reported are investigated fully and every possible protection is afforded to such witnesses. Relevant provisions of the Criminal Justice Act 1999 have greatly enhanced the effectiveness of the Garda Síochána in dealing with this type of criminality.

The allocation of resources to counter serious crime is kept under continuous review by the Garda Commissioner. For example, reviews are ongoing in the context of the additional resources coming on stream in the context of the Government's decision to increase the overall strength of the Garda Síochána to 14,000.

Security Industry.

Joan Burton

Ceist:

66 Ms Burton asked the Minister for Justice, Equality and Law Reform the position with regard to the operation of the Private Security Authority; the number of staff recruited by the authority; the services it is offering; the powers under the Private Security Services Act 2004 that it is implementing; and if he will make a statement on the matter. [16117/05]

I refer the Deputy to my reply to Question No. 124 of 12 April 2005. The position remains unchanged.

Child Care Services.

Gerard Murphy

Ceist:

67 Mr. G. Murphy asked the Minister for Justice, Equality and Law Reform his views on whether community and child care facilities will require funding on a continuous basis, in view of his recent announcement to extend staffing grants to December 2007. [16195/05]

Gerard Murphy

Ceist:

68 Mr. G. Murphy asked the Minister for Justice, Equality and Law Reform if he will commence a process of consultation with community child care providers to ensure that a plan is in place well in advance of the December 2007 deadline when the current round of funding will run out. [16194/05]

I propose to take Questions Nos. 67 and 68 together.

The Equal Opportunities Childcare Programme, EOCP, 2000-2006 is a central pillar in the Government's child care strategy and is intended to increase the availability and quality of child care supports for parents in employment, education or training. The programme is funded by the Exchequer and the European Union Structural Funds as part of the regional operational programmes of the national development plan.

The programme is under constant evaluation as a result of which its funding has increased on a number of occasions since 2000, bringing the original funding package of €318 million up to the present package of €499 million for the period to the end of the NDP, with an ongoing commitment for capital investment to 2009.

I plan to commission a thorough evaluation of the present programme and its outcomes to date in the near future in order to inform our deliberations on the need for ongoing supports for the child care sector in the post NDP scenario.

Since December 2004, I have announced a record allocation of some €67 million in capital funding to community based-not for profit groups. I hope to make further significant capital allocations in the remainder of 2005 and thereafter. The Deputy may be aware that I have already approved the continuation of the existing levels of staffing grant assistance until 31 August 2005 for those groups whose first three years of funding had elapsed and who showed, following a short reassessment, that they were continuing to deliver child care services in accordance with agreed targets.

As the Deputy is aware, I am now extending to the end of December 2007 the terms of the existing staffing grants to groups who continue to deliver a child care service in accordance with their pre-agreed targets. To benefit from such funding the groups must continue to pay particular attention to the support of disadvantaged families and the implementation of a fee structure tailored to the differing economic circumstances of the client group and which ensures that child care places subsidised by the EOCP are targeted towards those most in need.

The 2000-06 programme contains a number of targets, most notably to increase the supply of centre based child care places, and as a result more than 36,000 new places will come on stream, including 24,600 already in place. Any follow on programme will again target need and will build upon the achievements of the present programme.

Mary Upton

Ceist:

69 Dr. Upton asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the recent report of the Forum on the Workplace of the Future which found that child care costs here were among the highest in Europe and were keeping large numbers of women out of the workforce; the steps he intends to take to address this situation; and if he will make a statement on the matter. [16164/05]

I am aware of the recent report of the Forum on the Workplace of the Future which made this finding. I would, however, draw the Deputy's attention to data on the participation of women in the labour market published by the Central Statistics Office. The March 2005 issue of the quarterly national household survey shows a female labour force participation rate of 50.8% in the final quarter of 2004. This represents a significant increase on the 1997 female participation rate which was 45.8%. In absolute terms, the number of women workers has increased from 587,000 in 1997, to 801,700 in the last quarter of 2004, an increase of 36.8%.

Also noteworthy is the significant increase in part-time employment among women. In the period 1997 to end-2004, the numbers of women working part-time grew from 182,100 to 251,900, an increase of 38.3%. Again, it is noteworthy that while 13,000 part-time female workers deemed themselves to be underemployed in 1997, only 1,900 so deemed themselves in 2004. This suggests that many women prefer part-time to full-time employment, as a way of achieving a good work-life balance.

This evidence is not offered to underplay the important role that child care plays in supporting working parents and especially working mothers. This Government has worked actively over the past seven years to increase investment in child care in Ireland from a benchmark of approximately €1 million per annum in the mid 1990s to almost €500 million for the seven year Equal Opportunities Childcare Programme 2000-2006, EOCP, which is increasing the supply of child care places and making available child care places at reduced cost for disadvantaged parents through the provision of staffing grant assistance to community based not for profit child care groups which support disadvantaged parents.

Since its inception in 2000, the funding for the programme has increased from €318 million to €499.3 million or by 57%, the most recent increase being €50 million in budget 2005. The EOCP is implementing the national child care strategy and aimed to increase the supply of centre-based child care places by 55%, some 31,372 places, by programme end. However, I am pleased to report that total funding committed under the EOCP to date is projected to create some 36,000 new child care places, increasing the choice of centre-based child care available to parents across Ireland. By the end of December 2004, some 24,600 of the new child care places were already in place as a result of the EOCP expenditure to date. In addition, over 30,200 existing places have received capital or are receiving ongoing current support under the programme.

The EOCP also aims to provide support and assistance to the many childminders who are providing a child care service across the country, as a childminder is the chosen child care option of many parents. The programme also encompasses many other quality initiatives which were identified in the child care strategy, and aims to ensure that there is co-ordination in the delivery of child care services nationwide. The measures outlined relate to the supply of quality child care, but I would also draw the Deputy's attention to Government policy in the area of child benefit which assists all the parents of Ireland in the care of their children. Child benefit is the main fiscal instrument through which support is provided to parents with dependent children.

In the 2005 budget, child benefit was increased by €10 to €141.60 per month, per child, for the first two children and by €12 to €177.30 per month for the third and each subsequent child, from April 2005. Effectively since 1997, child benefit has almost quadrupled. This clearly indicates the Government's commitment to assisting all parents in relation to the care of their children irrespective of income and employment status. It is noteworthy that the cost of child benefit now exceeds €1.9 billion per year.

I am very pleased to read the CSO figures on the increase in female labour force participation as this is a key aim of the funding provided through the equal opportunities childcare programme and I know that the success of the programme contributes to the ongoing success of our economy. This Government remains firmly committed to supporting working parents with their child care needs through increased child care provision in terms of capacity, choice and service quality.

Public Order Offences.

Jim O'Keeffe

Ceist:

70 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the reason measures to deal with anti-social behaviour have not been introduced by him. [16191/05]

I refer the Deputy to my answer to Question No. 22 of today's date.

Question No. 71 answered with QuestionNo. 56.

Sexual Offences.

Róisín Shortall

Ceist:

72 Ms Shortall asked the Minister for Justice, Equality and Law Reform his views on the low level of detections and convictions secured in respect of rape cases; the steps he intends to take to achieve a higher level of detection and convictions in such cases; and if he will make a statement on the matter. [16157/05]

While I have always urged caution in the interpretation of short term statistics, I was please to note decreases in aggravated sexual assault, sexual assault, the largest category of sexual offences, rape of a female and unlawful carnal knowledge in the provisional headline crime figures for the quarter ending 31 March 2005 compared with the corresponding quarter last year. I was concerned, however, to see a recorded increase in the number of cases of rape section 4.

The Garda Síochána actively encourages people who are the victims of a sexual crime to report the offence to them. With regard to the number of detections, I can assure the Deputy that any incident of rape or sexual assault reported to the Garda Síochána is fully investigated, as much evidence as possible is gathered and, subsequently, a file is forwarded to the Director of Public Prosecutions for a direction as to whether a prosecution should proceed or not. As the Deputy is aware, the Director of Public Prosecutions is statutorily independent in the performance of his function, and it would, therefore, be inappropriate for me to comment on his decisions.

I have outlined to the House on a number of occasions that there is a high attrition rate in rape cases in Ireland, and a large number of cases reported to the Garda do not reach prosecution stage for a variety of reasons. My Department has approved joint funding for comprehensive research into attrition rates in rape cases. The research, which is entitled, The Understanding of Attrition, Early Withdrawal, the Trial Process and Identifying Possible Changes to Support Complainants in Rape Cases, is being carried out by the department of law at the National University of Ireland, Galway and the Rape Crisis Network Ireland. It is being conducted over three years and is expected to be completed in 2007 or 2008.

This research should provide a greater understanding as to why some victims choose not to report cases to the Garda, what can be done about under-reporting and why, of the cases that are reported, only a relatively small percentage result in a court hearing. It is important to note that, with regard to conviction rates, judges are independent in the exercise of their judicial functions and subject only to the Constitution and the law. It would therefore be inappropriate for me to comment on their decisions. Following completion of this research, action will, as appropriate, be taken to resolve any issue that may arise.

Appointments to State Boards.

Mary Upton

Ceist:

73 Dr. Upton asked the Minister for Justice, Equality and Law Reform the manner in which it is intended to monitor and ensure enforcement of the recent announcement regarding equal gender representation on State boards; and if he will make a statement on the matter. [16165/05]

In July 2002, the then Minister of State, Deputy Willie O'Dea, wrote to all Ministers requesting them to review the gender balance on the State boards and committees under the aegis of their Departments and to take measures to redress gender imbalances, where the 40% target has not yet been reached. The Minister of State also advised Ministers that, to ensure progress, it was intended to bring a six monthly report to Cabinet on the gender composition of boards for each Department.

Since commencement of the policy of reporting on a six monthly basis to Cabinet, there has been a noticeable improvement, particularly in regard to appointments made by the Government or Ministers. However, where appointments are made on foot of nominations by other bodies, there is still a significant deficit.

When I brought the fourth six-monthly report to Government on women's representation on State boards to Cabinet on 26 January 2005, the Government decided that for the future, nominating bodies will be required to "nominate both male and female options for those appointments to State boards where they are the responsible authority".

The Minister of State, Deputy Fahey, has since written to all Ministers requesting them to put in place the necessary procedures to implement the Government decision. Future six-monthly reports to Government will include specific reference to the implementation by each Department of this decision. My Department has surpassed the 40% target.

Irish Prison Service.

Ruairí Quinn

Ceist:

74 Mr. Quinn asked the Minister for Justice, Equality and Law Reform the cost of the construction and equipping of the special unit on the grounds of St. Patrick’s Institution that was to have housed offenders aged between 14 and 16; when the unit was completed; if no offenders have ever been housed there; and if he will make a statement on the matter. [16143/05]

An amount of €8.2 million has been spent on the construction of an education block which includes a reception-administration and a recreation hall. This expenditure also relates to alterations carried out to the existing B wing of St. Patrick's Institution, external works, professional fees and fit out.

I understand from the Irish Prison Service that the unit, which can accommodate 44 offenders, currently accommodates 38 young offenders aged between 16 and 21 years of age. The majority of those housed there are remand prisoners.

Appointments to State Boards.

Dan Boyle

Ceist:

75 Mr. Boyle asked the Taoiseach the current nominations of vacancies to boards of statutory agencies under the remit of his Department. [15910/05]

There are no current nominations of vacancies to boards of statutory agencies under the remit of my Department.

Fairtrade Products.

Dan Boyle

Ceist:

76 Mr. Boyle asked the Taoiseach the extent to which his Department sources Fairtrade products for use in same. [15911/05]

Fairtrade tea and coffee is served during meetings held in my Department. My Department will continue to seek opportunities to use Fairtrade products.

Dublin-Monaghan Bombings.

Finian McGrath

Ceist:

77 Mr. F. McGrath asked the Taoiseach if the families of the victims of the Dublin and Monaghan bombings of 1972 and 1974 will be given assistance in calling on the EU to offer financial assistance to mount a civil action. [16051/05]

Arising from the recommendations in the report of the Joint Oireachtas Committee on Justice, Equality, Defence and Women's Rights on 31 March, 2004, a commission of investigation into certain aspects of the Dublin and Monaghan bombings of 1974 has been established, with Mr. Patrick McEntee, SC, as sole member. With regard to the Dublin bombings in 1972 and 1973, the joint Oireachtas committee published its report on 16 February, 2005 and the recommendations of the committee are being considered at present.

I am not aware of any request on the part of the families of the victims of the Dublin and Monaghan bombings for EU assistance regarding a civil case. That would be a matter for the families as it was for the family of Robert McCartney who made their own approach to the EU for assistance.

Meetings with NGOs.

Jan O'Sullivan

Ceist:

78 Ms O’Sullivan asked the Taoiseach the number of meetings he has had with non-governmental organisations on matters related to public policy formulation and implementation during 2004; and if he will make a statement on the matter. [16270/05]

In the course of my work, I meet many organisations regarding various aspects of Government policy, although individual Ministers have primary responsibility to meet the organisations relevant to their own areas.

I would estimate that I meet with approximately two such organisations on average each week although the number of meetings in 2004 was lower due to other commitments associated with Ireland's EU Presidency in the first half of the year. It would not be practical for me to list in this answer all the groups with whom I met during 2004 but it would include, for example, organisations such as the social partners, community groups, industry representatives, educational institutions and international organisations. I also meet the NGO aid organisations from time to time, for example, following the tsunami disaster in south-east Asia. In addition to formal meetings, I meet continually with a broad range of groups and individuals in the course of my various engagements.

Departmental Properties.

Billy Timmins

Ceist:

79 Mr. Timmins asked the Taoiseach if he will provide a list of all the assets worth more than €100,000 that his Department has sold since 1997; the total value of all these assets; the purposes for which the proceeds from the sale of same were used; and if he will make a statement on the matter. [16297/05]

No assets worth more than €100,000 have been sold by my Department since 1997.

Enda Kenny

Ceist:

80 Mr. Kenny asked the Taoiseach if he will supply an inventory of all assets, specifically land and buildings, disposed of by his Department in each of the past ten years; if transactions were in accordance with proper procedures in the case in which such apply; the date of each sale; the location and asset disposed of in each case; the disposal price agreed; and the purchaser involved. [16399/05]

No land or buildings have been disposed of by my Department in the past ten years.

Medical Cards.

Dan Neville

Ceist:

81 Mr. Neville asked the Tánaiste and Minister for Health and Children when a medical card will issue to a person (details supplied) in County Limerick. [16078/05]

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.

Disabled Drivers.

Catherine Murphy

Ceist:

82 Ms C. Murphy asked the Tánaiste and Minister for Health and Children the number of persons who have qualified for a primary medical certificate in the past two years on a county basis. [16289/05]

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 the responsibility for the assessment of and entitlement to the disabled drivers and disabled passengers (tax concessions) scheme on behalf of the Department of Finance. Accordingly, my Department has requested the chief officers in all the Health Service Executive areas to answer the Deputy directly on this matter.

Services for People with Disabilities.

Finian McGrath

Ceist:

83 Mr. F. McGrath asked the Tánaiste and Minister for Health and Children if Down’s Syndrome Ireland will by given assistance to find a temporary new office. [16295/05]

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 matter referred to by the Deputy. Accordingly, my Department has requested the national director for primary, community and continuing care to investigate the matter raised and to reply directly to the Deputy.

Mental Health Services.

Ciarán Cuffe

Ceist:

84 Mr. Cuffe asked the Tánaiste and Minister for Health and Children his plans to review and modernise legislation that provides for the detention of citizens in psychiatric institutions. [16426/05]

The Mental Health Act 2001 was enacted in July 2001. The Act provides a modern framework in which people who are mentally disordered and who need treatment or protection, either in their own interests or in the interest of others, can be treated and cared for. The main vehicle for the implementation of the provisions of the Act is the Mental Health Commission which was established with effect from 5 April 2002. The commission's primary function is to promote and foster high standards and good practices in the delivery of mental health services and to ensure the interests of detained persons are protected.

The detailed work programme of the commission is a matter for the commission itself to determine, in accordance with its statutory functions under the Mental Health Act. However, I understand one of the priorities for the commission is to put in place the structures required for the operation of mental health tribunals. These tribunals, operating under the aegis of the Mental Health Commission, will conduct a review of each decision by a consultant psychiatrist to detain a patient on an involuntary basis or to extend the duration of such detention. I understand the commission is working closely with all stakeholders within the mental health services to ensure the mental health tribunals are commenced as soon as possible.

Health Service Charges.

Enda Kenny

Ceist:

85 Mr. Kenny asked the Tánaiste and Minister for Health and Children if her Department has carried out a review of the legal basis for all charges and fees levied by her Department and agencies under the aegis of her Department following the publication of the Travers report; the outcome of such review; if any charges have been identified which do not have an adequate legal basis; and if she will make a statement on the matter. [15919/05]

My Department is reviewing charges which are being applied in the health services and it is hoped to have the review, which includes the legal basis for the charges, completed in the near future.

Hospital Services.

John McGuinness

Ceist:

86 Mr. McGuinness asked the Tánaiste and Minister for Health and Children if a cataract operation will be expedited for a person (details supplied) in County Kilkenny at Waterford Regional Hospital. [15920/05]

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 referred to by the Deputy resides in County Kilkenny, my Department has the asked the chief officer for the executive's south-eastern area to reply to the Deputy directly.

Health Services.

Paul Kehoe

Ceist:

87 Mr. Kehoe asked the Tánaiste and Minister for Health and Children the position regarding the wait for dental treatment for a person (details supplied) in County Wexford; when they will be called to commence treatment; and if she will make a statement on the matter. [15953/05]

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 dental 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.

Hospital Services.

Liz McManus

Ceist:

88 Ms McManus asked the Tánaiste and Minister for Health and Children if her attention has been drawn to the fact that her Department is in breach of its guidelines (details supplied); the position regarding the brief for a designated oncology unit for Waterford Regional Hospital. [15954/05]

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 delivery of hospital services, including the application of guidelines for the use of cytotoxic medical preparations in the treatment of patients with cancer. Accordingly, my Department has requested the director of the National Hospitals Office to investigate the matters raised and to reply directly to the Deputy.

Liz McManus

Ceist:

89 Ms McManus asked the Tánaiste and Minister for Health and Children the proposals of the sub-committee on radiotherapy for the provision of designated transport arrangements for the south east; when these proposals will be available; if designated funding will be made available; and if she will make a statement on the matter. [15955/05]

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. The national radiation oncology co-ordinating group provides advice to my Department and the Health Service Executive on radiotherapy, including transport arrangements. I understand the group will shortly write to the HSE on this matter.

Appropriate transport arrangements for patients requiring radiotherapy should be made available, where necessary, by the HSE. Accordingly, at my request, my Department has asked the director of the National Hospitals Office to examine the provision of transport on a national basis for such patients as a matter of priority.

Home Help Service.

Paul Kehoe

Ceist:

90 Mr. Kehoe asked the Tánaiste and Minister for Health and Children the reason home help for a person (details supplied) in County Wexford was reduced; and if she will make a statement on the matter. [15958/05]

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 home help service in County Wexford. Accordingly, my Department has requested the chief officer for the executive's south-eastern area to investigate the matter raised and to reply direct to the Deputy.

Medicinal Products.

Liam Twomey

Ceist:

91 Dr. Twomey asked the Tánaiste and Minister for Health and Children if a medication (details supplied) is not available on the medical card on a named patient basis for patients who are prescribed this medication by a hospital consultant. [15961/05]

Sildenafil citrate, Viagra, is licensed in Ireland and reimbursable under the community drugs and GMS schemes for the treatment of erectile dysfunction. To ensure availability for genuine need, but to reduce the possibility of inappropriate usage, the maximum reimbursable level under all schemes is four tablets per month. This is in accordance with the findings of the expert group set up by my Department to consider arrangements for the supply of sildenafil citrate.

However, my Department subsequently became aware that this drug, when appropriately prescribed, could benefit patients with pulmonary arterial hypertension, PAH. Following consultation, and on the basis of significant clinical evidence, my Department authorised the primary care reimbursement service to make sildenafil citrate reimbursable above the monthly threshold for the treatment of PAH, on a named patient basis and in specified circumstances set out in an agreed protocol.

My Department is having inquiries made with regard to the use of sildenafil citrate in the treatment of Raynaud's disease. When these inquiries are complete, I will write to the Deputy.

Services for People with Disabilities.

Liam Twomey

Ceist:

92 Dr. Twomey asked the Tánaiste and Minister for Health and Children if funding for St. John of God’s, Dunleer, County Louth for 2005 has been made available; if funding into the future for this service will continue; and if she will make a statement on the matter. [15962/05]

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 matter referred to by the Deputy. Accordingly, my Department has requested the chief officer for the executive's north-eastern area to investigate the matter raised and to reply directly to the Deputy.

General Medical Services Scheme.

Liam Twomey

Ceist:

93 Dr. Twomey asked the Tánaiste and Minister for Health and Children if general practitioners who do not hold a GMS contract will be able to sign on patients for the doctor-only medical card along the same lines as they can sign on more than 20 medical card patients and receive payment for them without holding GMS contracts for income based medical cards; and if she will make a statement on the matter. [15963/05]

I understand the Deputy is referring to the one-off entry arrangements which applied for suitably qualified GPs, who were not general medical services, GMS, contract holders at that time, to enter the GMS scheme in July 2001 to provide services to patients who became eligible for a medical card for the first time, over 70s, under the specific budgetary provision.

On the question of the arrangements for the GP visit card, discussions with the Irish Medical Organisation are ongoing in respect of the implementation of this initiative.

Hospital Services.

Richard Bruton

Ceist:

94 Mr. Bruton asked the Tánaiste and Minister for Health and Children if arrangements will be made for access to a treatment for a person (details supplied) in Dublin 9; and if she will make a statement on the matter. [15974/05]

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 Dublin, my Department has requested the chief officer for the executive's eastern regional area to investigate the matter raised and to reply directly to the Deputy.

Decentralisation Programme.

Tony Gregory

Ceist:

95 Mr. Gregory asked the Tánaiste and Minister for Health and Children her views on the issues raised in correspondence (details supplied) regarding the computerisation and decentralisation programme in her Department; and if she will make a statement on the matter. [15996/05]

By way of background I should point out that civil registration was first introduced in the Ireland in 1845, initially for the civil registration of non-Roman Catholic marriages. The system was extended in 1864 to include the registration of births, deaths and Roman Catholic marriages.

The General Register Office is responsible for the administration of the civil registration system nationally and is the central repository for all records relating to the registration of births, deaths, marriages, domestic adoptions and stillbirths. The office also provides services directly to clients on the recognition in Ireland of divorces obtained in foreign jurisdictions and on genealogical research.

Recognising the importance of civil registration and the need to introduce measures aimed at improving the civil registration system, Government approved the modernisation of the registration system as a joint programme between the Departments of Health and Children and Social and Family Affairs.

The modernisation programme included the design of new business processes and procedures, the introduction of modern technology, the capture and storage in electronic format of all historical paper based records, and the reform of the legislation governing registration to underpin the delivery of services to meet the needs of a modern society and to facilitate the wider e-government agenda.

Part of the modernisation programme includes a major project to create an electronically searchable database of the indices to live event records. From a research perspective the creation of an electronic database of indices, which is a work in progress, will facilitate easier and more efficient record searches. It will also facilitate the extension of the availability of the indices beyond the single physical repository of the public research facility of the General Register Office itself to the various offices nationwide where civil registration services are provided.

It is accepted that the existing public research facility itself is less than ideal from the perspective of both the user and the frontline staff who provide the service. The particular requirements of researchers are being taken into account in the context of the overall modernisation programme. An enlarged, dedicated and greatly enhanced facility capable of responding to the needs of customers is envisaged as is an increase in the number of appropriately trained staff at all levels to facilitate the continued development of services. Planning for this development is under way.

The General Register Office, with the exception of its public research facility which remains in Joyce House, Dublin 2, relocated to Roscommon on 11 April last. The relocation move is in line with Government policy on the decentralisation of Departments to locations outside the capital. It is a policy which enjoys widespread support, particularly among the receiving communities, and is of benefit to members of staff both personally and professionally.

The cost associated with the modernisation programme thus far has been of the order of €20 million. The programme is recognised nationally and internationally as an example of the use of information technology noteworthy for the originality of its conception and, in particular, for the significance of its benefits to society. It has received numerous awards including winner of the European innovation awards 2003, sponsored by The Wall Street Journal.

A modernisation programme of such scope, coupled with decentralisation, poses significant challenges but I am satisfied that substantial benefits have accrued from the reforms implemented to date, and that services will continue to improve as the reform programme is rolled out.

Where the parents of a child are not married to each other, section 7 of the Births and Deaths Registration Act (Ireland) 1880, as amended by the Status of Children Act 1987, sets out the manner in which the birth of a child may be registered to include the father's details, as follows: At the joint request of the mother and the father. In this case both parents are required to attend together at the relevant registrar's office to jointly sign the birth register; at the request of the mother on production of a declaration by her naming the father. This form must be accompanied by a statutory declaration by the father acknowledging paternity. In this case the mother is required to attend the relevant registrar's office to sign the birth register; at the request of the father on production of a declaration by him acknowledging paternity. This form must be accompanied by a statutory declaration by the mother naming that person as the father of the child. In this case the father is required to attend the relevant registrar's office to sign the birth register; at the written request of the father or the mother on production of a certified copy of any court order, guardianship of infants or maintenance including affiliation, or under section 215 of the Social Welfare (Consolidation) Act 1981, naming the father of the child. In this case the parent making the request is required to attend the relevant registrar's office to sign the birth register.

Health Service Allowances.

Jack Wall

Ceist:

96 Mr. Wall asked the Tánaiste and Minister for Health and Children the position regarding the domiciliary care allowance for a person (details supplied) in County Kildare; and if she will make a statement on the matter. [15997/05]

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 payment of and entitlement to domiciliary care allowance. Accordingly, my Department has requested the chief officer for the executive's south-western area to investigate the matter raised and to reply directly to the Deputy.

Child Care Services.

Pat Breen

Ceist:

97 Mr. P. Breen asked the Tánaiste and Minister for Health and Children further to Question No. 254 of 9 February 2005, the amount which is spent per annum on the running of Coovagh House in Limerick, including the ongoing security and staffing costs; the number of children who have been facilitated; and if she will make a statement on the matter. [16008/05]

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 matters raised by the Deputy. Accordingly, my Department has requested the chief officer for the Health Service Executive's mid-western area to investigate the matters raised and to reply directly to the Deputy.

Water Fluoridation.

John Gormley

Ceist:

98 Mr. Gormley asked the Tánaiste and Minister for Health and Children the reason questions put to the forum on fluoridation by a person (details supplied) have yet to be answered; her views on whether it is unacceptable that the forum reported while all the matters had not been addressed by the sub-committee established to address them; and if she will make a statement on the matter. [16025/05]

The forum on fluoridation was established to review the fluoridation of public piped water supplies in Ireland. The forum consisted of people with expert knowledge spanning the areas of public health, biochemistry, dental health, bone health, food safety, environmental protection, ethics, water quality, health promotion and representatives from the consumer and environmental areas. The diversity of professional backgrounds and representation was reflected in the comprehensive way the forum conducted its work and research. Ultimately, the forum took an evidence-based approach to its examination of water fluoridation.

The forum's report emerged from 14 plenary meetings, several meetings of subgroups and oral presentations of material from both proponents and opponents of fluoridation. The forum invited the public to forward their views and examined more than 1,000 submissions. In adopting a participatory and evidence-based approach, the forum strove to ensure balance between participants from both sides of the debate on water fluoridation.

The person referred to by the Deputy was one of many individuals who were invited to present to the forum. This person's presentation was based on what were termed 50 reasons to oppose fluoridation. As with all the other contributions to the forum, consideration of this person's submission was dealt with under established procedures. Procedures required contributors to provide references in internationally recognised scientific journals to substantiate their claims. In establishing and following this procedure, the forum accepted the fundamental scientific tenet that any single piece of scientific evidence by itself remains a hypotheses unless it could be repeated or confirmed by other scientists, usually by publication in recognised scientific journals after submission has been approved by independent referees.

The Deputy should be aware that the forum addressed in the body of its report the 50 reasons to oppose fluoridation raised by the person concerned. The forum examined comprehensively the benefits and risks of fluoridation, including alleged adverse general health effects of fluoridation. The forum concluded that human health was not adversely affected when fluoride was present in drinking water at one part fluoride per million parts of water. The finding was based on measured scientific results and the most reliable scientific evidence. A comprehensive response to the questions referred to by the Deputy was published on my Department's website on 4 May 2005.

John Gormley

Ceist:

99 Mr. Gormley asked the Tánaiste and Minister for Health and Children the reason, despite attempts, the Irish Doctors Environmental Association is unable to access minutes of the body set up to oversee the implementation of the recommendations of the forum on fluoridation and despite the fact that a letter to it in April 2005 to request a copy of all minutes, under the Freedom of Information Act 1997 remains unanswered. [16026/05]

My Department has no record of receiving a request from the Irish Doctors Environmental Association under the Freedom of Information Act 1997 for minutes of the Irish expert body on fluorides and health. My office received a written request from the association for the minutes of the meetings of the Irish expert body on fluorides and health under EU Regulations 90/313/EC and 2004/4/EC and SI No. 125/98 the European Communities Act 1972 (Access to Information on the Environment) Regulations 1998. Under the regulations, a reply to the request should have issued within one month its receipt. Due to an unavoidable delay in my office this timeframe for a reply was not met.

The request has been acknowledged and passed to the secretariat to the expert body for direct reply. In the circumstances, I offer my apologies to the Irish Doctors' Environmental Association for the delay in dealing with its request.

Services for People with Disabilities.

Paul McGrath

Ceist:

100 Mr. P. McGrath asked the Tánaiste and Minister for Health and Children the budgetary allocation for persons with disabilities living in Counties Laois, Offaly, Westmeath and Longford; if this allocation is insufficient to continue the existing level of service into the last quarter of 2005; and if she will make a statement on the matter. [16027/05]

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 matter referred to by the Deputy. Accordingly, my Department has requested the chief officer for the executive's midlands area to investigate the matter raised and reply directly to the Deputy.

Accident and Emergency Services.

Martin Ferris

Ceist:

101 Mr. Ferris asked the Tánaiste and Minister for Health and Children if she will make a statement in response to the alarming prediction by the Irish Nurses Organisation that essential services at Kerry General Hospital’s accident and emergency unit will be seriously curtailed over the summer months if nothing is done to increase staffing numbers and improve facilities; and if she will take immediate action to prevent a complete meltdown of these services during the hectic summer months. [16028/05]

Martin Ferris

Ceist:

102 Mr. Ferris asked the Tánaiste and Minister for Health and Children if her attention has been drawn to the fact that according to a person (details supplied), the situation in the accident and emergency unit at Kerry General Hospital has reached crisis point and the major problem of persons on trolleys has only emerged since a change in admission policies in the past 12 to 18 months; the reason for this change in admission policies; and the measures she has in place for alleviating the crisis at Kerry General Hospital. [16029/05]

I propose to take Questions Nos. 101 and 102 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 services at Kerry General Hospital. My Department has, therefore, asked the chief officer for the executive's southern area to respond directly to the Deputy on the issues raised.

Suicide Incidence.

Martin Ferris

Ceist:

103 Mr. Ferris asked the Tánaiste and Minister for Health and Children if she will make a statement on the number of suicide attempts among young persons in County Kerry; and if her attention has been drawn to the reasons for this trend. [16030/05]

Martin Ferris

Ceist:

104 Mr. Ferris asked the Tánaiste and Minister for Health and Children the action she is taking to tackle the unusually high rate of suicide in County Kerry. [16031/05]

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

As the Deputy is aware, work is well under way on the preparation of a national strategy for action on suicide prevention. The strategy, which involves the project management unit of the Health Service Executive in partnership with the national suicide review group supported by the Department of Health and Children will be action-based from the outset and will outline the priority initiatives for suicide prevention and mental health promotion across the country for the coming years. All measures aimed at reducing the number of deaths by suicide will be considered in the preparation of the strategy which will be published in September of this year.

Suicide is a serious social problem and every suicide and attempted suicide is a tragic event. I am aware that there has been an increase in the level of suicidal behaviour in County Kerry in recent times and can assure the Deputy that account will be taken of the reasons for this increase in the formulation of the national strategy.

Martin Ferris

Ceist:

105 Mr. Ferris asked the Tánaiste and Minister for Health and Children the number of suicides and attempted suicides in County Kerry between 2002 and 2004 inclusive; and the number of suicides and attempted suicides by persons under the age of 25 in County Kerry between 2002 and 2004 inclusive. [16032/05]

Martin Ferris

Ceist:

106 Mr. Ferris asked the Tánaiste and Minister for Health and Children the number of deaths from suicide by county between 2002 and 2004 inclusive. [16033/05]

I propose to take Questions Nos. 105 and 106 together.

Data on mortality are compiled by the Central Statistics Office and published in the annual and quarterly reports on vital statistics. The latest period for which data are available is January to September 2004 and these figures are set out in the tables below in addition to figures for 2002 and 2003. The national parasuicide registry collects data on persons presenting to hospital as a consequence of parasuicide, or deliberate self harm. Annual reports for the years 2002 and 2003 show the numbers of treated episodes of deliberate self harm in Tralee General Hospital were 275 and 277 respectively. Of these, 91 were aged under 25 years in 2002 and approximately 82 in 2003. Data for 2004 are not yet available.

Table 1: number of deaths from suicide by county 2002-04.

County

2002

2003

January to September 2004

Carlow

3

6

2

Cavan

10

8

2

Clare

16

13

12

Cork

62

64

47

Donegal

20

14

9

Dublin

103

111

53

Galway

26

21

10

Kerry

13

9

12

Kildare

21

18

10

Kilkenny

11

11

9

Laois

6

4

2

Leitrim

7

3

0

Limerick

30

24

13

Longford

4

2

2

Louth

14

16

7

Mayo

18

10

9

Meath

19

11

13

Monaghan

4

8

4

Offaly

11

7

8

Roscommon

4

3

1

Sligo

4

7

2

Tipperary

22

26

10

Waterford

12

8

8

Westmeath

6

6

5

Wexford

17

23

4

Wicklow

15

11

7

Total

478

444

261

Note: figures for 2003 and 2004 are provisional.

Source: Central Statistics Office.

Table 2: number of deaths from suicide of persons resident in County Kerry 2002-04.

Age

2002

2003

January to September 2004

Under 25 years

1

1

2

All Ages

13

9

12

Note: Figures for 2003 and 2004 are provisional.

Source: Central Statistics Office.

Housing Aid for the Elderly.

Pat Breen

Ceist:

107 Mr. P. Breen asked the Tánaiste and Minister for Health and Children the reason a person (details supplied) in County Clare did not qualify for housing aid for the elderly; and if she will make a statement on the matter. [16056/05]

The Health Act 2004 provided for establishment of the Health Service Executive on 1 January 2005. Under the Act, the executive has the responsibility to manage, 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 County Clare on behalf of the Department of the Environment, Heritage and Local Government. Accordingly, my Department has requested the chief officer for the executive's mid-western area to investigate the matter raised and reply direct to the Deputy.

Hospital Services.

Róisín Shortall

Ceist:

108 Ms Shortall asked the Tánaiste and Minister for Health and Children the steps she is taking to secure the immediate admission of a person (details supplied) in Dublin 9 to Cappagh National Orthopaedic Hospital. [16057/05]

The Health Act 2004 provided for establishment of the Health Service Executive 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 Dublin, my Department has requested the chief officer for the executive's eastern regional area to investigate the matter raised and reply directly to the Deputy.

Proposed Legislation.

Pat Breen

Ceist:

109 Mr. P. Breen asked the Tánaiste and Minister for Health and Children the protection the medical practitioners Bill will provide for patients against foreign practitioners who may have been the subject of medical negligence claims in the past; and if she will make a statement on the matter. [16074/05]

Pat Breen

Ceist:

110 Mr. P. Breen asked the Tánaiste and Minister for Health and Children the protection the medical practitioners Bill will provide for patients against foreign practitioners who may have had restrictions placed on their practice; and if she will make a statement on the matter. [16075/05]

Pat Breen

Ceist:

111 Mr. P. Breen asked the Tánaiste and Minister for Health and Children the measures contained in the medical practitioners Bill which will regulate the area of cosmetic surgery; and if she will make a statement on the matter. [16076/05]

Pat Breen

Ceist:

138 Mr. P. Breen asked the Tánaiste and Minister for Health and Children if the medical practitioners Bill will address publicity stunts by foreign cosmetic surgeons offering their services for free in return for national media exposure; and if she will make a statement on the matter. [16532/05]

I propose to take Questions Nos. 109, 110, 111 and 138 together.

The Medical Council is the independent authority charged with primary responsibility for the registration and regulation of medical practitioners in the State. The function of the Medical Council is to protect the public by implementing appropriate regulation of the medical profession. All doctors practising medicine in Ireland, whether they hold Irish or other nationality, should be registered with the Medical Council. It is an offence under the Medical Practitioners Act for a doctor to falsely represent himself or herself to be a registered medical practitioner when he or she is not registered. Registration is required to sign medical certificates and issue prescriptions for certain categories of drugs. In addition, doctors are not entitled to recover in legal proceedings fees charged for the provision of medical or surgical advice or treatment given when they were not registered.

All medical practitioners are regulated by the council in the same way, including doctors practising cosmetic surgical procedures. A new medical practitioners Bill, which is currently being drafted by parliamentary counsel, will increase the requirements on all medical practitioners in a number of ways. Medical practitioners from outside Ireland who wish to practise in this country will be subject to the same professional and ethical requirements as Irish medical practitioners. Among the many changes I propose to introduce are a clear compulsory requirement for registration for all medical practitioners, changes to the fitness-to-practice process, the introduction of a mandatory scheme of competence assurance for all doctors practising independently and a much increased public advisory and information role for the council. I intend also to significantly increase the non-medical representation on the council itself to best ensure that public safety and protection is given the highest possible priority by the council as it develops in the future.

The new Bill will greatly strengthen and enhance the powers of the Medical Council. I propose that the Medical Council should have the powers to investigate cases of individuals who are not registered with the council and who are providing services proper only to registered medical practitioners. Section 49 of the Medical Practitioners Act 1978 gives the Medical Council the power to have persons convicted of indictable offences, whether in Ireland or in another jurisdiction, erased from the medical register. Under the new Bill, I propose some enhancement of Section 49 to give the council more flexibility in this regard.

A doctor will be required to make a declaration to the council of his or her entitlement to be registered and the status of any registration he or she may hold in this or any other jurisdiction. Persons will be required to notify the council of any changes in circumstances such as a change in the status of their registration with another regulatory body in the State or in another jurisdiction. Where a person fails to do so, the council could instigate fitness-to-practice proceedings.

My Department has no role in the restriction of the advertising of doctors' services applicable in this or any other jurisdiction. The Medical Council produces a guide to ethical conduct and behaviour in accordance with section 69(2) of the Medical Practitioners Act which addresses advertising by medical practitioners and the provision of ethical advice generally. The most recent edition of the guide was published in 2004 and includes guidelines on advertising in the media and practice announcements. The council is in a position to consider alleged breaches of the guide in respect of doctors who are registered with it.

These and other new provisions of the Bill should afford greater protection to the public. I expect to be in a position to publish the Bill before the end of the year.

Mental Health Services.

Dan Neville

Ceist:

112 Mr. Neville asked the Tánaiste and Minister for Health and Children the position regarding the report of the expert group on mental health policy which was established in 2003 to prepare a new national policy network for the mental health services. [16077/05]

As the Deputy may be aware, I appointed the expert group on mental health policy in 2003 with the specific task of preparing a new policy framework for the mental health services to update the current policy document, Planning for the Future, which was published in 1984. The group, which is examining the future direction and delivery of all aspects of our mental health services, is expected to complete its work and publish its report later this year.

Care of the Elderly.

Caoimhghín Ó Caoláin

Ceist:

113 Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Health and Children the status of her commitment to provide a fully funded and resourced senior citizens day care unit at the health centre in Cootehill, County Cavan; when same will be fully functional; and if she will make a statement on the matter. [16109/05]

The Health Act 2004 provided for the establishment of the Health Service Executive on 1 January 2005. Under the Act, the executive is required to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. This includes responsibility for the development of day care centres in County Cavan. Accordingly, my Department has requested the chief officer for the executive's north-eastern area to investigate the matter raised and reply direct to the Deputy.

Hospital Services.

Caoimhghín Ó Caoláin

Ceist:

114 Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Health and Children if she will establish a detailed account of the women-centred services in place at Monaghan General Hospital; the days and times of access; her plans for a development of these services over the next 12 months; and if she will make a statement on the matter. [16110/05]

Caoimhghín Ó Caoláin

Ceist:

115 Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Health and Children the status of the Kinder report proposals for the introduction of a midwifery service at Monaghan General Hospital; the preparations which are under way for its commencement, that is, physical accommodation, staffing and so on; and if she will make a statement on the matter. [16111/05]

I propose to take Questions Nos. 114 and 115 together.

The Health Act 2004 provided for the establishment of the Health Service Executive 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 services at Monaghan General Hospital. Accordingly, my Department has requested the chief officer for the executive's north-eastern area to investigate the matters raised and reply directly to the Deputy.

Health Services.

Pat Carey

Ceist:

116 Mr. Carey asked the Tánaiste and Minister for Health and Children when it is planned to have the new health centre in Ballymun, Dublin 11, fitted out; when it is expected to be fully operational and available for patient treatment; and if she will make a statement on the matter. [16149/05]

The Health Act 2004 provided for the establishment of the Health Service Executive 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 health centres. Accordingly, my Department has requested the chief officer for the executive's eastern regional area to investigate the matter raised and reply directly to the Deputy.

Denis Naughten

Ceist:

117 Mr. Naughten asked the Tánaiste and Minister for Health and Children the reason a person attending a midwife-led maternity service is denied access to a private bed; her plans to review this situation; and if she will make a statement on the matter. [16152/05]

The Health Act 2004 provided for the establishment of the Health Service Executive 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. Responsibility for the issue raised by the Deputy rests with the national hospitals office of the Health Service Executive. Accordingly, my Department has requested the director of the office to investigate the issue raised and reply directly to the Deputy.

Nursing Home Charges.

Gay Mitchell

Ceist:

118 Mr. G. Mitchell asked the Tánaiste and Minister for Health and Children further to Question No. 154 of 22 June 1999, the refund which will issue to a person (details supplied); and if she will make a statement on the matter. [16207/05]

The Government has agreed the key elements of a scheme for the repayment of long stay charges for publicly funded residential care. All those who were charged and are alive and the estates of all those who were charged and died in the six years prior to 9 December 2004 will have the charges repaid in full. The scheme will not allow for repayments to the estates of those who died more than six years ago. The repayments will include both the actual charge paid and an amount to take account of inflation using the consumer price index since the time the person involved was charged. Legislation will be brought before the Oireachtas as soon as possible to provide a clear legal framework for the scheme.

The scheme will be designed and managed with the aim of ensuring that those who are eligible for repayments receive them as soon as possible and with the minimum possible imposition in terms of bureaucracy. Priority will be given to those who are still alive. Many of those eligible for repayments have already been identified under the ex gratia payments process. The scheme will include a transparent and thorough appeals process. In the case of those who were charged and are still alive, the repayments will be exempt from tax and will not be taken into account in assessing means for health and social welfare benefits. The normal tax and means assessment arrangements will apply to those who benefit from repayments to estates.

The scheme will include a provision to allow those eligible for a repayment to waive their right to a repayment and have the money assigned to fund once-off service improvements in elderly, mental health and disability services. Any person who considers that he, she or a family member may be eligible for repayment may register an interest in advance with the Health Service Executive by writing to the National Refund Scheme, HSE Midland Area, Arden Road, Tullamore, County Offaly; e-mailing refundscheme@mailq.hse.ie, or calling the helpline 1800 777737 during office hours. There is no need for anyone who has already registered using this facility to make contact with the HSE again to register for the scheme.

Medical Cards.

Paul Kehoe

Ceist:

119 Mr. Kehoe asked the Tánaiste and Minister for Health and Children the reason medical card holders are charged by general practitioners for signing renewal of licence forms; if she will consider including this service under the medical card; and if she will make a statement on the matter. [16212/05]

The general medical services contract which general practitioners participating in the GMS hold with the local area of the Health Service Executive provides for the issue of first and final certificates to explain work absence free of charge for medical card holders regardless of age. General practitioners are not obliged to provide examinations and certificates in respect of requirements of life assurance for insurance companies or licensing authorities free of charge. I have no plans to change the current provisions.

Patient Discharges.

Fergus O'Dowd

Ceist:

120 Mr. O’Dowd asked the Tánaiste and Minister for Health and Children the number of patient discharges from acute hospitals to nursing homes from the beginning of April 2005; the location and name of each nursing home; the number of patients discharged to each home; and if she will make a statement on the matter. [16213/05]

The Health Act 2004 provided for the establishment of the Health Service Executive 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, my Department has requested the chief officer of the Health Service Executive to reply to the Deputy in relation to the information requested.

Hospital Staff.

Joe Sherlock

Ceist:

121 Mr. Sherlock asked the Tánaiste and Minister for Health and Children when the post of consultant haematologist at the Mercy Hospital, Cork, will be filled to replace the retiring haematologist. [16220/05]

The Health Act 2004 provided for the establishment of the Health Service Executive 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 delivery of hospital services, including the filling of consultant posts. Accordingly, my Department has requested the chief officer of the executive's southern area to investigate the matters raised and to reply directly to the Deputy.

Organ Retention.

Caoimhghín Ó Caoláin

Ceist:

122 Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Health and Children the timeframe and terms of reference for the Madden inquiry into organ retention; and if she will make a statement on the matter. [16225/05]

Government approved the appointment of Dr. Deirdre Madden BL on 3 May to complete a final report on post mortem practice and organ retention and submit this to me by 21 December 2005. Dr. Madden is drawing up the terms of reference for her work in consultation with my Department and these will be presented to Government for approval as quickly as possible.

Accident and Emergency Services.

Caoimhghín Ó Caoláin

Ceist:

123 Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Health and Children if she will report on her recent proposals for the placing of extra beds in hospital wards to address the accident and emergency crisis; and if she will make a statement on the matter. [16227/05]

The Health and Safety Authority recommended that the Health Service Executive determine on a hospital-by-hospital basis, having undertaken the necessary risk assessment and staff consultation, whether extra capacity can be achieved within existing units. The national hospitals office has asked hospital managers to examine the potential for using the total hospital capacity including inpatient wards for patients who require admission in an attempt to alleviate pressure on accident and emergency departments. I expect to be briefed by the national hospitals office in the near future on the outcome of its initiative with hospitals in this area.

It is a matter for each individual hospital's management to exercise its own judgment on how to reduce health and safety risks within a facility. Hospital managers have been asked to have regard to international best practice in areas such as improving work flow issues and increasing the use of more appropriate community-based interventions to reduce the pressure on accident and emergency units. To assist those hospitals experiencing continuing pressures on the emergency service, the NHO is in the process of seeking tenders from companies which are expert in the area of work-flow management to carry out a review of ten hospitals to determine what internal efficiencies can be achieved to improve patient flow and reduce overcrowding.

Mental Health Services.

Mary Upton

Ceist:

124 Dr. Upton asked the Tánaiste and Minister for Health and Children the progress which has been made in providing for the promised mental health facility in Ballyfermot; if her attention has been drawn to the totally inadequate facilities that are provided at present; the discussions her Department has had with the HSE in relation to the provision of suitable accommodation and facilities for the Ballyfermot mental health facility; and if she will make a statement on the matter. [16228/05]

The Health Act 2004 provided for the establishment of the Health Service Executive 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 Dublin. Accordingly, my Department has requested the chief officer for the executive's eastern regional area to investigate the matter raised and reply directly to the Deputy.

Health Services.

Ned O'Keeffe

Ceist:

125 Mr. N. O’Keeffe asked the Tánaiste and Minister for Health and Children the position regarding an application by a person (details supplied) in County Cork to the Health Service Executive southern area for the domiciliary care allowance; if her attention has been drawn to the fact that this application was made eight months ago; and if she will establish the reason for the delay. [16229/05]

The Health Act 2004 provided for the establishment of the Health Service Executive 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 payment of and entitlement to domiciliary care allowance. Accordingly, my Department has requested the chief officer for the southern area to investigate the matter raised and reply directly to the Deputy.

Mental Health Services.

Sean Fleming

Ceist:

126 Mr. Fleming asked the Tánaiste and Minister for Health and Children the support services available in County Laois for young persons suffering with mental illness; the support groups in the county which assist persons with mental illness; the plans which agencies under her Department have to improve the facilities and increase funding for this area; and if she will make a statement on the matter. [16230/05]

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 County Laois. Accordingly, my Department has requested the chief officer, Health Service Executive's midland area to investigate the matter raised and to reply directly to the Deputy.

Health Services.

Finian McGrath

Ceist:

127 Mr. F. McGrath asked the Tánaiste and Minister for Health and Children the reason the respite care grant has been reduced for a person (details supplied); and if the family of same will be given the maximum support and assistance. [16292/05]

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 respite care. Accordingly, my Department has requested the chief officer for the executive's eastern regional area to investigate the matter raised and to reply directly to the Deputy.

Irish Blood Transfusion Service.

Liz McManus

Ceist:

128 Ms McManus asked the Tánaiste and Minister for Health and Children the cost of running the Irish Blood Transfusion Service Stillorgan clinic, County Dublin; its hours of opening; the turnover in regard to the amount of blood acquired; and if she will make a statement on the matter. [16293/05]

The Irish Blood Transfusion Service transferred the operation of its donor clinic in Dublin from Mespil Road to D'Olier Street in November 2000. A significant number of people did not to continue to donate due to the change of location to the city centre. Research undertaken by the IBTS found that one of the most quoted reasons for not returning to donate was the length of time donors had to queue at the clinic. The IBTS, therefore, decided to open a clinic in Stillorgan operating on an appointment basis. The clinic opened in December 2003 and continues to develop. The cost of running the Stillorgan clinic in 2004 was €603,435. There were 3,447 units of blood donated at the clinic during the year and the potential income from these donations was €830,400.

The opening hours for the Stillorgan clinic are as follows:

Monday

Closed

Tuesday

10 a.m. to 8 p.m.

Wednesday and Thursday

1 p.m. to 8 p.m.

Friday

10 a.m. to 3 p.m.

I have been informed by the IBTS that it is currently reviewing the operation of the Stillorgan clinic and will be taking a series of measures to increase donations at the clinic.

Departmental Properties.

Billy Timmins

Ceist:

129 Mr. Timmins asked the Tánaiste and Minister for Health and Children if she will provide a list of all the assets worth more than €100,000 that her Department has sold since 1997; the total value of all these assets; the purposes for which the proceeds from the sale of same were used; and if she will make a statement on the matter. [16298/05]

There have been no assets held by my Department worth in excess of €100,000 which were sold since 1997 and consequently no proceeds from sale were received in that time period.

Health Service Staff.

Caoimhghín Ó Caoláin

Ceist:

130 Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Health and Children the number of nurses who have left the practice of nursing in the past five years; and if she will make a statement on the matter. [16378/05]

The information requested by the Deputy is not available. While there will always be attrition from the nursing profession for a variety of reasons, including retirement, changing occupation, migration and family reasons, the current vacancy rate now stands at 2.25%, which could be considered a normal frictional rate. Government policy over the past number of years has been to ensure the recruitment and retention of adequate numbers of nurses, and a range of measures have been introduced. A comprehensive range of financial supports have been introduced to support nurses in pursuing part-time degrees and specialist courses, including "back to practice" courses. The cost of these supports will be €10 million in 2005.

My Department introduced a scheme of flexible working arrangements for nurses and midwives in February 2001. Under the scheme, individual nurses and midwives may apply to work between eight and 39 hours per week on a permanent, part-time basis. Almost a quarter of all nurses now job share or work part-time hours.

There have been substantial salary increases for nurses over the past number of years. Between 1997 and 2004 the basic salary of a staff nurse increase by 57.5%. In the same period the salaries of clinical nurse managers increased by between 73% and 89%. The number of training places for student nurses has been increased by 70% since 1998.

The numbers of nurses employed in the public health service has increased dramatically over the past five years from 27,044 in 1999 to 34,313 at the end of 2004, an increase of over 26%. The turnover rate for nurses has also shown a significant improvement in recent years. The most recent study covering the five years 1999 to 2003 reported that the turnover rate had fallen by 40%.

Caoimhghín Ó Caoláin

Ceist:

131 Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Health and Children the number of nurses who have left the public health service and moved to the private health sector in the past five years; and if she will make a statement on the matter. [16379/05]

Available statistics do not include data on the movement of nursing staff between the public and private health sector. However, I can inform the Deputy that over the past five years an additional 7,269 nurses, whole time equivalent, were employed in the public health service. The figure of 34,313 nurses and midwives employed at the end of 2004 represents a 26% increase on the 1999 figure and is indicative of the Government commitment to expanding public health services.

Health Services.

Enda Kenny

Ceist:

132 Mr. Kenny asked the Tánaiste and Minister for Health and Children when elective surgery will recommence at the orthopaedic unit at Mayo General Hospital; if elective surgery has been carried out to date; if so, the extent of same; and if she will make a statement on the current running of the unit. [16380/05]

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.

Mayo General Hospital commenced the provision of an elective orthopaedic service at the beginning of September 2004. This elective service continued up until December 2004. Orthopaedic trauma services began in January 2004 and continue to be provided at Mayo General Hospital. It was agreed to temporarily suspend elective services to plan and manage the introduction of the trauma service. I understand that the Health Service Executive western area is working with the staff involved to restart the elective service as soon as possible.

My Department has requested the chief officer for the executive's western area to inform the Deputy of the current position with regard to the recommencement of elective orthopaedic services at Mayo General Hospital.

Health Service Staff.

Enda Kenny

Ceist:

133 Mr. Kenny asked the Tánaiste and Minister for Health and Children the extent of staffing levels and grades employed in the orthopaedic unit at Mayo General Hospital; her proposals for the future of the unit in this regard; and if she will make a statement on the matter. [16381/05]

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 orthopaedic services at Mayo General Hospital. 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.

Cancer Screening Programme.

Michael Lowry

Ceist:

134 Mr. Lowry asked the Tánaiste and Minister for Health and Children the expected date by which BreastCheck services will be available in north Tipperary; the reason for the delay in rolling out the service to north Tipperary; and if she will make a statement on the matter. [16383/05]

I am confident that the target date of 2007 for the commencement of the roll-out of BreastCheck to the remaining regions of the country will be met. The national roll-out of the programme is a major priority in the development of cancer services. This will ensure that all women in the relevant age group of 50 to 64 years in every county will have access to breast screening and follow-up treatment where appropriate.

The national roll-out of the programme required detailed planning for the development of infrastructure to provide for two static clinical units, one in Cork and the other in Galway. I recently gave approval to BreastCheck to advertise for the appointment of a design team to work up detailed plans for the design and construction of these two units. In addition, I approved the development of a symptomatic breast centre at University College Hospital Galway. The total capital approved amounts to approximately €25 million. Tender notices have been advertised in the Official Journal of the European Community to expedite this major project.

Any woman irrespective of her age or residence who has immediate concerns or symptoms should consult her general practitioner who, where appropriate, will refer her to the symptomatic services in her area.

Departmental Properties.

Enda Kenny

Ceist:

135 Mr. Kenny asked the Tánaiste and Minister for Health and Children if she will supply an inventory of all assets, specifically land and buildings, disposed of by her Department in each of the past ten years; if transactions were in accordance with proper procedures in the case in which such apply; the date of each sale; the location and asset disposed of in each case; the disposal price agreed; and the purchaser involved. [16400/05]

With regard to the disposal of assets classified as land and buildings, no transactions for their sale have occurred over the past ten years. All land and buildings for use by my Department are owned and managed by the Office of Public Works, OPW, and in that time period there has been only one property transaction involving my Department, made between the OPW and the former South Eastern Health Board. The transfer, for no consideration, involved property at Ionad Folláin, Myshall, County Carlow, which is expected to be registered shortly.

Hospital Waiting Lists.

Michael Ring

Ceist:

136 Mr. Ring asked the Tánaiste and Minister for Health and Children when a person (details supplied) in County Mayo will be called for a cataract operation. [16466/05]

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.

Patient Statistics.

John Curran

Ceist:

137 Mr. Curran asked the Tánaiste and Minister for Health and Children the number of persons who were treated in the accident and emergency department of Tallaght hospital for March 2005, February 2005, January 2005, March 2004, February 2004, January 2004, March 2003, February 2003, January 2003, March 2002, February 2002 and January 2002. [16476/05]

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.

Services at the Adelaide and Meath Hospital, incorporating the National Children's Hospital, Tallaght, are provided under an arrangement with the executive. My Department has, therefore, requested the chief officer for the executive's eastern regional area to examine the issue raised and to reply to the Deputy directly.

Question No. 138 answered with QuestionNo. 109.

Disabled Drivers.

Catherine Murphy

Ceist:

139 Ms C. Murphy asked the Minister for Finance the number of persons who are on the disabled drivers medical board of appeal’s waiting list; the number on the appeal list for each county; the average waiting time before an appeal is heard; the percentage of appeals which are successful on a county basis. [16288/05]

I understand that there are approximately 600 individuals on the disabled drivers medical board of appeal waiting list, with a current average waiting time in excess of three years. There were a number of operational difficulties with the board of appeal and these have now been resolved. The new chairperson of the board, whom I appointed on 14 March 2005, has been asked to address the backlog as a priority. In this respect, I understand that there will be more frequent meetings of the board of appeal, possibly as often as once a week. To facilitate more frequent meetings, I brought in new regulations on 7 April 2005 which will allow for the appointment of up to ten medical practitioners to the board of appeal. Prior to July 2004, the regulations only allowed for the appointment of three medical practitioners. It is intended that these improvements will substantially reduce the current waiting time for an appeal.

Information in respect of the number of appeals to the board on a county basis is not held by my Department or the Revenue Commissioners and I understand that accurate information in regard to this is not readily available at this time from the board of appeal. However, as part of the reconstitution of the board, resources are being made available to develop an improved database which should address this. I will arrange for this information to be forwarded to the Deputy when available. In respect of the percentage of appeals which are successful on a national basis, the report of the interdepartmental group, which reviewed this scheme, stated that approximately 17% of appeals were successful over the period 1998 to 2001.

Catherine Murphy

Ceist:

140 Ms C. Murphy asked the Minister for Finance if he intends to relax the very strict criteria required to qualify for a primary medical certificate. [16290/05]

I assume the Deputy is referring to the disabled drivers and disabled passengers tax concessions scheme which is open to people with disabilities who meet the specified criteria and have obtained a primary medical certificate to that effect from the local Health Service Executive.

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

An individual who qualifies under the medical criteria, as set out above, is issued with a primary medical certificate. Possession of a primary medical certificate qualifies the holder for remission or repayment of vehicle registration tax, VRT, a repayment of value added tax, VAT, on the purchase of the vehicle and a repayment of VAT on the cost of adaptation of the vehicle. Repayment of the excise duty on fuel used in the motor vehicle and exemption from annual road tax to local authorities are also allowed.

An interdepartmental review group was established to review the disabled drivers' and disabled passengers', tax concessions, scheme. The group examined all aspects of the scheme including the qualifying medical criteria. The report was published on my Department's website in July 2004 and copies have been placed in the Oireachtas Library. As agreed by Government in June 2004, I will consider the report on an ongoing basis in the overall budgetary context having regard to the existing and prospective cost of the scheme.

Property Transfers.

Aengus Ó Snodaigh

Ceist:

141 Aengus Ó Snodaigh asked the Minister for Finance the problem regarding the legal status of the lands occupied by a school (details supplied) in Dublin 8. [16530/05]

Aengus Ó Snodaigh

Ceist:

142 Aengus Ó Snodaigh asked the Minister for Finance his views on whether the South Circular Road, Dublin 8, is a main thoroughfare and is not suitable for dropping off or collecting children if there is a suitable alternative off-road option available, as in the case of Griffith Barracks multi-denominational school, South Circular Road, Dublin 8; and if the OPW, which owns the land on which the school sits, will consult the school and its board of management before finalising arrangements with Griffith College, which shares the site, to close the existing vehicular access. [15906/05]

Aengus Ó Snodaigh

Ceist:

143 Aengus Ó Snodaigh asked the Minister for Finance if, in the event of an agreement having been reached with Griffith College, South Circular Road, Dublin 8, the OPW will close the existing vehicular access, open another entrance 200 metres away and allow for access arrangements to facilitate parking for the school staff of Griffith Barracks multi-denominational school, the dropping off and collecting of pupils by parents, the transportation of pupils who are wheelchair users, and the emergency services. [15907/05]

Aengus Ó Snodaigh

Ceist:

144 Aengus Ó Snodaigh asked the Minister for Finance if the original boundary between Griffith College and Griffith Barracks multi-denominational school, South Circular Road, Dublin 8, will be reinstated now that through-traffic from the existing vehicular access to the school will end; and if the OPW will pay for or contribute to the reinstallation of a wooden fence on the boundary. [15908/05]

Aengus Ó Snodaigh

Ceist:

145 Aengus Ó Snodaigh asked the Minister for Finance if the OPW has agreed with Griffith College, South Circular Road, Dublin 8, to prevent the parents of the pupils of Griffith Barracks multi-denominational school from using the new vehicular entrance to the college and the grounds on which the school is located. [15909/05]

I propose to take Questions Nos. 141 to 145, inclusive, together.

The Commissioners of Public Works act as agents for the Department of Education and Science in the acquisition of sites for primary schools. Griffith Barracks multi-denominational school is currently temporarily accommodated on a site owned by the Commissioners of Public Works. The Department has requested that the school's position be regularised and this process is currently proceeding. Part of this process will be the construction of a boundary fence or wall as stipulated in the original contract for sale. When these matters are regularised it is proposed to transfer the site to the Minister for Education and Science who will arrange for an appropriate lease to the school. Matters relating to traffic and parking arrangements are not a matter for the OPW.

Tax Code.

Jack Wall

Ceist:

146 Mr. Wall asked the Minister for Finance the position regarding the application for a tax refund for a person (details supplied) in County Kildare; and if he will make a statement on the matter. [15918/05]

I have been advised by the Revenue Commissioners that a notification of tax refund issued to the taxpayer in question on 10 May 2005 and that a cheque in settlement issued on 12 May 2005.

Departmental Charges.

Enda Kenny

Ceist:

147 Mr. Kenny asked the Minister for Finance further to the publication of the Travers report, if his Department has carried out a review of the legal basis for all charges and fees levied by his Department and agencies under the aegis of his Department; the outcome of any such review; if any charges have been identified which do not have an adequate legal basis; and if he will make a statement on the matter. [15945/05]

The Department of Finance has started to review existing delegations, including the legal basis for any charges and fees levied by the Department. It is arranging for a similar exercise to be carried out by the agencies under its aegis. I understand that a similar exercise will be carried out by other Departments and offices. The Deputy will appreciate that the exercise is ongoing. No charges have yet been identified which do not have an adequate legal basis. The Deputy is aware that the taxation issues he has raised are subject to review by the House in the annual Finance Bill.

Tax Yield.

David Stanton

Ceist:

148 Mr. Stanton asked the Minister for Finance the amount of VAT his Department received from the annual monitoring fees charged by service providers for socially monitored alarms which are provided through the scheme of community support for older persons in 2000, 2001, 2002, 2003, 2004 and to date in 2005; and if he will make a statement on the matter. [15971/05]

The Revenue Commissioners have informed me that the amount of VAT collected as a result of the monitoring fees charged by service providers for socially monitored alarms cannot be identified in the overall yield of VAT, as the information contained on VAT returns does not require it to be identified. The purchase and monitoring of home security systems is subject to the standard VAT rate of 21%, in accordance with the requirements of EU VAT law, with which Irish VAT law must comply. Under the Value Added Tax (Refund of Tax) (No. 15) Order 1981, it is possible to obtain a VAT refund in respect of the purchase of a pendant alarm system, which is considered a medical device for the purpose of the order. Associated monitoring and maintenance fees are not recoverable. Applicants should contact the Revenue Commissioners, VAT Repayments (Unregistered Section), Kilrush Road, Ennis, County Clare.

A scheme of community support for older people is operated by the Department of Community, Rural and Gaeltacht Affairs. The purpose of the scheme is to encourage and assist the community's support for older people by means of a community-based grant scheme to improve the security of its older members. Funding under the scheme can be provided for small scale security equipment designed to strengthen points of entry to the dwelling, security lighting, smoke alarms and the once-off cost of installing socially monitored personal alarm systems. Annual monitoring fees or maintenance fees associated with socially monitored alarm systems are not provided for under the scheme.

The scheme of VAT refunds on the purchase of a personal security alarm by or on behalf of a disabled or elderly person and the scheme of community support for older people are important measures which help to ensure that those who are most in need of security systems can avail of them.

Freedom of Information.

Finian McGrath

Ceist:

149 Mr. F. McGrath asked the Minister for Finance if he will designate the Higher Education Training Awards Council under the working of the Freedom of Information Act 1997, secure transparency in the system and reinforce the credibility of the third level sectors. [15976/05]

Denis Naughten

Ceist:

154 Mr. Naughten asked the Minister for Finance, further to Question No. 186 of 10 May 2005, when he envisages that this organisation will come under the terms of the Freedom of Information Act 1997; and if he will make a statement on the matter. [16130/05]

Michael Lowry

Ceist:

155 Mr. Lowry asked the Minister for Finance when the proposals for an extension to the Freedom of Information Act 1997 will be finalised; the bodies being considered as part of the extension; and if he will make a statement on the matter. [16200/05]

I propose to take Questions Nos. 149, 154 and 155 together.

I expect that consideration of the extended list of public bodies to be brought under the aegis of freedom of information during 2005 will be finalised in the coming weeks. I do not propose to make a further statement about individual bodies, pending the publication of the details of the extension.

Proposed Legislation.

Trevor Sargent

Ceist:

150 Mr. Sargent asked the Minister for Finance if he will consider amending the benefit in kind tax incentive to reward efforts to reduce mileage instead of effectively encouraging greater distances to be travelled (details supplied). [16059/05]

There are special rules for estimating the value of the benefit of cars provided by companies for the private use of employees. If one's annual business mileage is 15,000 miles or less, the benefit of one's car is calculated at 30% of the original market value. That figure is reduced in cases of higher annual business mileage. If the annual business mileage is over 30,000 miles, the cash benefit is calculated at 6% of the original market value of the car. The tapering of rates is designed to ensure that employees who need to travel significantly in the course of their work incur a lower benefit in kind charge based on their yearly mileage. There is no evidence to suggest that it encourages employees to increase artificially their business mileage to maximise their tax position. Employees are unlikely to countenance such an approach because it would result in additional costs for employers, for example, by means of extra fuel costs. I consider that the current scheme's effect on the environment is relatively neutral.

Tax Code.

Mary Upton

Ceist:

151 Dr.Upton asked the Minister for Finance if the demand for payment of capital gains tax by a person (details supplied) in Dublin 8 will be reviewed. [16094/05]

A charge to capital gains tax arises in respect of chargeable gains accruing on the disposal of assets. Such gains are computed in accordance with the provisions of the Capital Gains Tax Acts. The charge extends to individuals, companies and unincorporated bodies of persons. Capital gains tax has no connection with income, which is the basis for income tax. There is no provision in the Capital Gains Tax Acts to exempt individuals whose sole income arises from disability allowance. Gains arising on the shareholdings of such taxpayers are liable to capital gains tax in the same manner as gains arising to other individuals. Shares in the company concerned, First Active, were chargeable assets. The gain realised on their sale for cash is a chargeable gain in the hands of the shareholder.

I have been advised by the Revenue Commissioners that, as many shareholders would not ordinarily be expected to be familiar with capital gains tax provisions, they decided to write to each of them to inform them of a potential tax liability arising from the disposal of the shares and how to make such a payment. They have further advised me that the taxpayer in question received such a letter which set out an estimate of the amount of capital gains tax due. The taxpayer has made the relevant payment to the Revenue Commissioners, which equates to a total of €359.80 from a total of €3,069 received from the sale of the shares. Her capital gains tax liability was calculated on the basis of the cash she received, which amounted to €3,069. Her allowable costs were nil because the shares were acquired at no cost, so her chargeable gain was €3,069. When her personal exemption of €1,270 was deducted, her net chargeable gain was €1,799. She was charged 20% of that, which amounted to €359.80.

The Revenue Commissioners have informed me that they do not intend to review the payment which has been made in the circumstances I have outlined. However, one's chargeable gain can be reduced by any allowable losses arising in 2004, along with any unused allowable losses following the disposal of assets chargeable to capital gains tax in any previous year. The documentation that has been issued to the person in question mentions that a special Revenue Commissioners helpline number is available if further assistance is required.

Jimmy Deenihan

Ceist:

152 Mr. Deenihan asked the Minister for Finance the reason sight testing advice regarding the use of spectacles and the supply and repair of spectacles do not qualify as medical expenses against which tax relief may be claimed, particularly for persons whose jobs necessitate long hours spent working on computers and whose employers do not provide either free or cost-reduced sight testing; if he has plans to change this; and if he will make a statement on the matter. [16128/05]

Jimmy Deenihan

Ceist:

153 Mr. Deenihan asked the Minister for Finance if the provision and maintenance of contact lenses qualify as a medical expense against which tax relief may be claimed; and if he will make a statement on the matter. [16129/05]

I propose to take Questions Nos. 152 and 153 together.

Under section 469 of the Taxes Consolidation Act 1997, income tax relief at a taxpayer's marginal rate is available for health expenses incurred by a person on his or her behalf, or on behalf of his or her spouse and dependants. Expenses incurred in respect of routine ophthalmic treatment are explicitly excluded from the relief, however. That has been the case since the relief was introduced in 1967 because health expenses relief, which incorporates an annual de minimis amount, is broadly intended to provide assistance through the tax system in respect of significant or exceptional health expenses, but not those of a routine or more minor nature. Routine ophthalmic treatment means sight testing, advice about the use of spectacles or contact lenses and the provision and repairing of spectacles or contact lenses. I have been informed by the Revenue Commissioners that the inclusion of such items would cost an estimated €16 million per annum.

I have no plans to broaden the terms of the health expenses relief scheme. However, employees who make contributions to the pay related social insurance fund and satisfy the contribution criteria are entitled to treatment benefit, including dental, optical and hearing aid benefit, from the social insurance fund. An insured individual's entitlements under the optical benefit scheme include a free spectacle sight test, a fixed contribution towards an eye examination for contact lenses, free glasses if frames covered by the scheme are selected or a fixed contribution towards the cost of glasses if frames other than the type covered are selected, replacement lenses for existing frames and a contribution towards the cost of contact lenses.

With regard to the details supplied by the Deputy, I understand that the Revenue Commissioners will amend immediately the information on the Internet version of their information leaflet IT6 and the health expenses claim form Med 1 to make it clear that, as is the case with spectacles, the provision and maintenance of contact lenses do not qualify for tax relief. The printed versions will be amended at the next available opportunity.

Questions Nos. 154 and 155 answered with Question No. 149.

Ned O'Keeffe

Ceist:

156 Mr. N. O’Keeffe asked the Minister for Finance the reason a person (details supplied) in County Cork is now subject to payment of income tax; and if, in view of the demand for payment of tax, this person has been issued with tax credits. [16232/05]

I have been informed by the Revenue Commissioners that a statement of amended liability for 2003 will issue soon to the person in question, showing a nil liability to tax.

Flood Relief.

Ned O'Keeffe

Ceist:

157 Mr. N. O’Keeffe asked the Minister for Finance the reason for the ongoing delay in having compensation payments made to persons (details supplied) by the Irish Red Cross Society and whose businesses and private premises were damaged by flood waters in late 2004; and if he will make a statement on the matter. [16233/05]

The cases to which the Deputy refers are among a small number of outstanding cases that were the subject of ongoing confidential consultation with the Irish Red Cross. I have been informed that the Irish Red Cross expects to finalise the cases within the next couple of weeks and payments will issue immediately thereafter. Payments under the humanitarian aid scheme are not compensation for losses but are intended to provide some relief from extreme hardship and to assist flood victims in restoring their lives to some semblance of normality.

Garda Stations.

Emmet Stagg

Ceist:

158 Mr. Stagg asked the Minister for Finance if the revised sketch scheme for the transfer of a small portion of land at the front of the site for the new Leixlip Garda station in Leixlip, County Kildare to the Office of Public Works has been submitted to the Department of Justice, Equality and Law Reform for approval given that Kildare County Council has now approved it; when construction is likely to commence on the project; and if he will make a statement on the matter. [16296/05]

It is understood that Kildare County Council has agreed in principle to the disposal of a plot of land adjacent to the site of the proposed new Garda station in Leixlip. The Office of Public Works is awaiting formal confirmation of this decision and the terms and conditions attaching to it. If the Office of Public Works can meet the terms and conditions relating to the disposal of the site, a revised sketch scheme reflecting the expanded development site can be issued to the Department of Justice, Equality and Law Reform for approval.

Departmental Properties.

Billy Timmins

Ceist:

159 Mr. Timmins asked the Minister for Finance if he will provide a list of all the assets worth more than €100,000 that his Department has sold since 1997; the total value of all these assets; the purposes for which the proceeds from the sale of same were used; and if he will make a statement on the matter. [16299/05]

Enda Kenny

Ceist:

161 Mr. Kenny asked the Minister for Finance if he will supply an inventory of all assets, specifically land and buildings, disposed of by his Department in each of the past ten years; if transactions were in accordance with proper procedures in the case in which such apply; the date of each sale; the location and asset disposed of in each case; the disposal price agreed; and the purchaser involved. [16401/05]

I propose to take Questions Nos. 159 and 161 together.

The following table provides the information requested about the relevant assets disposed of by the Department of Finance. The assets were disposed of by competitive process and the proceeds were paid into the Exchequer. The Office of Public Works is compiling information about the assets which it disposed of. It will forward the information directly to the Deputies.

Description of asset disposed

Location of asset

Date of sale

Name of purchaser

Price

€ million

ICC Bank plc.

Ireland

February 2001

Bank of Scotland

322.3

TSB Bank

Ireland

March 2001

Irish Life and Permanent

407.6

ACC Bank

Ireland

February 2002

Rabobank Nederland

154.6

Flood Relief.

Seamus Healy

Ceist:

160 Mr. Healy asked the Minister for Finance the position regarding the Clonmel flood alleviation scheme; when his Department’s proposals will be completed; when the promised statutory consultation process will commence; and if he will make a statement on the matter. [16372/05]

Proposals to alleviate the serious flooding risks for the River Suir in Clonmel have been developed by the Office of Public Works and will be placed on public exhibition, as required by the Arterial Drainage Acts, on 31 May 2005. The exhibition will be held at the borough council offices in Clonmel and will last for four weeks. The proposals will invite comment from all interested parties during this time. All observations received will be carefully considered before the next stage of the process, which includes the detailed design of the scheme and confirmation by the Minister for Finance, takes place.

Question No. 161 answered with QuestionNo. 159.

Tax Code.

Aengus Ó Snodaigh

Ceist:

162 Aengus Ó Snodaigh asked the Minister for Finance the cost to the Exchequer of the artists tax exemption under the Finance Act 1969 for the past five years, according to profession; and the number of artists by profession availing of the exemption. [16528/05]

I assume that the Deputy is seeking information about the cost to the Exchequer of the exemption of certain earnings of writers, composers and artists by reference to artistic category and the number of artists in each category claiming the exemption. I have been informed by the Revenue Commissioners that the relevant available information relates to the overall annual cost to the Exchequer of the exemption and the total numbers of claimants as included in income tax returns filed for the five income tax years between the 1998-99 tax year and the 2002 tax year, the latest tax year for which information is available. The available information is contained in the following table:

Tax Year

Number

Estimated cost

€ million

1998-99

900

24.5

1999-2000

940

29.9

2000-01

1,200

37.1

2001

1,323

23.5

2002

1,540

22.6

The estimate of cost provided for 2002 is provisional and subject to revision. A breakdown of the figures by artistic category is not available. The Deputy may wish to know that, under freedom of information legislation, the Revenue Commissioners publish details on their website of individuals who have been granted a determination allowing them to claim the artists exemption in respect of income earned from the sale of their works. The names of those qualifying for the relief with effect from the 21 April 1998 are available on the website, www.revenue.ie. The list is set out in alphabetical order in each of the five categories of work covered by the exemption — a book or other writing, a play, a musical composition, a painting or like picture, or a sculpture. The list is updated on a quarterly basis.

As PAYE taxpayers were charged to tax on their earnings in the period from 6 April to 31 December 2001 and self-employed taxpayers were assessed to tax for the short year on 74% of the profits earned in a 12-month accounting period, data provided for the short tax year of 2001 may not be directly comparable with those of earlier and later years. A married couple that elected or was deemed to have elected for joint assessment is counted as a single tax unit.

Alternative Energy Projects.

Trevor Sargent

Ceist:

163 Mr. Sargent asked the Minister for Communications, Marine and Natural Resources if he will examine the level of grant assistance and other incentives in countries which are successfully harnessing renewable energy such as solar panels in house construction; and if he will use fiscal measures to incentivise renovation of existing buildings and the incorporation of energy efficiency and renewable energy measures in construction generally. [16060/05]

Sustainable Energy Ireland, which was established as a statutory agency in May 2002, implements renewable energy and energy efficiency initiatives on behalf of the Department of Communications, Marine and Natural Resources. Its officials attend regular meetings and seminars at EU and international level to keep Ireland benchmarked on best international practice in a range of renewable and sustainable energy areas, including the question of incentivising the deployment of renewable energy technologies. I will ask Sustainable Energy Ireland to consider the issues raised in the first part of the question.

Since 2002, Sustainable Energy Ireland's "House of Tomorrow" programme has provided funding to encourage developers in the private and social housing sectors to deliver improvements in the quality of energy features in Irish housing. The focus of the programme is to stimulate the widespread uptake of superior sustainable energy planning, design, specification and construction practices in the new home building and home improvement markets.

Funding of up to €5,000 per unit is provided for groups of five or more housing units. The level of funding is related to improvements in energy and carbon dioxide performance in a unit, relative to established norms such as building regulations. Under the programme, developers are required to incorporate a number of design and technology features from an extensive menu of options including heat generation, distribution and control and insulation. A total of 39 projects comprising 1,818 housing units have been approved to date, including 344 solar thermal units, 143 heat pump units and 35 solar PV units. No grant system is in place for the purposes of installing renewable energy in existing or individual housing units.

The EU energy performance in buildings directive will require all buildings offered for sale or rent to be accompanied by an energy rating certificate that will provide an energy rating for the building, as well as recommendations on measures which could improve the building's energy performance. The directive sets new energy performance standards for construction of new buildings and the renovation of existing larger buildings. It requires that renewable energy systems be considered in the construction of larger buildings. The purpose of the directive is to improve substantially energy performance in all buildings by establishing new construction standards and increasing the general level of awareness of energy efficiency and renewable energy in buildings. An action plan for implementation of the directive was published on 27 April last for public consultation. It is available on Sustainable Energy Ireland's website, www.sei.ie.

Decentralisation Programme.

Joe Walsh

Ceist:

164 Mr. Walsh asked the Minister for Communications, Marine and Natural Resources if accommodation will be arranged for the 180 staff who volunteered in 2004 to transfer to Clonakilty under the decentralisation programme; and if he will make a statement on the matter. [16477/05]

The latest information from the Public Appointments Service indicates that 176 expressions of interest had been received for posts decentralising to Clonakilty. Some 140 of the expressions of interest relate to the 91 departmental posts and 36 for the 93 Bord Iascaigh Mhara posts which are included in the Government's programme. The Office of Public Works is responsible for providing accommodation for the services to be relocated to Clonakilty. The Department is in ongoing liaison with Office of Public Works about the acquisition of a suitable site for the Department and Bord Iascaigh Mhara. The Office of Public Works advises that the site acquisition process is at an advanced stage.

We have provided a comprehensive and detailed specification of our accommodation requirements to the Office of Public Works to assist with the building design element. The decentralisation implementation group has indicated in its latest report that the anticipated timeframe for completion of facilities in Clonakilty is early 2007. The Department is working with the Office of Public Works and the Department of Finance towards delivery on that timescale.

Ferry Services.

Martin Ferris

Ceist:

165 Mr. Ferris asked the Minister for Communications, Marine and Natural Resources if a feasibility study by a company (details supplied) on a ferry link between Blacksod Bay and Achill Island promised in 2002, has been completed; and if so will he make it available. [16531/05]

A study of the feasibility of a ferry service linking Achill Island and the Erris Peninsula was commissioned in March 2002. A firm of consultants, Tourism and Transport Consult International, was appointed to conduct the study following a public tender competition. The study has been completed and is being assessed by the Department of Communications, Marine and Natural Resources. I intend to publish the study shortly.

Fishing Vessel Licences.

Martin Ferris

Ceist:

166 Mr. Ferris asked the Minister for Communications, Marine and Natural Resources the criteria which were used in assessing applications under the Dingle licensing scheme for white fish. [15934/05]

This licensing scheme, which was implemented back in 1991, was designed to accommodate the entry of 20 large whitefish boats into the fishing fleet to exploit under-utilised whitefish quotas off the south and west coasts. I understand that the principal criteria for assessment of applications under the scheme related to the economic viability of the project, physical characteristics of the vessel, area of operation, target species, proposed fishing methods, record of the applicant, in terms of qualifications, experience and training and net additional employment generated. Applicants also had to demonstrate that the project was of genuine benefit to the economy as a whole.

Common Fisheries Policy.

Martin Ferris

Ceist:

167 Mr. Ferris asked the Minister for Communications, Marine and Natural Resources the negotiations which have taken place with other member states in relation to re-division of total allowable catch under the Common Fisheries Policy. [15935/05]

In the negotiations on the review of the Common Fisheries Policy in 2001 and 2002, Ireland sought substantial changes to the policy, including a review of the member states shares of total allowable catches, TACs. The reform package, agreed in December 2002, included key national priorities such as the continuation of The Hague quota preferences, an action plan to address the problem of juvenile fish catches, stronger control and enforcement and new regional advisory councils giving fishermen a strong voice in shaping future fisheries policy at EU level. However, Ireland received no support from other member states for changes in the allocation keys for the share out of stocks. The percentage shares held by each member state have generally remained the same for some 20 years under the principle of relative stability.

The practical reality is that to achieve an increase in Ireland's share of TACs, other member states would have to take a cut in their share. This is all the more difficult to achieve when TACs of all the main commercial species are falling and the reality is that achieving a qualified majority for such an outcome at the Fisheries Council is not deliverable.

The Common Fisheries Policy, as reformed in 2002, provides that the interests of each member state are taken into account for new allocations. In this regard Ireland has secured a quota of 125 tonnes of the new EU total allowable catch of 1,000 tonnes of snowcrab in Greenland waters. My officials are continuing to examine the possibilities in relation to new fishing opportunities that could be exploited by Irish fishermen.

Fishing Industry Development.

Martin Ferris

Ceist:

168 Mr. Ferris asked the Minister for Communications, Marine and Natural Resources the projects which have been funded or approved for funding in the past three years under the EU fishery funds for peripheral areas and the west coast. [15936/05]

In the period 2002 to date financial instrument for fisheries guidance, FIFG, grant aid has been paid under the supporting measures for sea fisheries development (towards innovation and sustainability in the fisheries sector) and the fishing fleet development measure of the productive sector operational programme and the aquaculture development measures of the Border, midland and west and south and east regional operational programmes of the National Development Plan 2000-06.

The following table sets out the number of projects approved and funded for the period January 2002 to date under the three operational programmes in the peripheral areas and the west coast.

Measure

No. of Projects Approved

Total Grant Approved

EU

National

No. of Projects Paid

Total Grant Paid

EU

National

Aquaculture Development

13

3,772,866

3,231,253

541,613

13

1,819,289

1,580,743

238,546

Fleet Development

316

14,437,981

12,318,064

2,119,917

214

11,398,406

9,730,399

1,668,007

Supporting Measures

43

11,288,096

8,680,232

2,607,864

33

6,316,598

4,786,898

1,529,700

Martin Ferris

Ceist:

169 Mr. Ferris asked the Minister for Communications, Marine and Natural Resources if he will make a statement on the system that is in place to fund, and the amount of funding allocated, to the regional advisory council for the north west and the regional advisory council for the pelagic sector, in particular the amount available for research work by each council. [15937/05]

The Council decision of 19 July 2004 establishing regional advisory councils, RACs, provides for a maximum Community contribution of €200,000 for each RAC to its operating costs for its first year of operation, reducing gradually to €110,000 for the fifth year of operation. This contribution shall be in respect of costs necessary to ensure the normal operation of RACs and to enable them to pursue their aims, but shall not exceed 90% of the operating budget of the RAC. There is a further Community allocation of up to €50,000 per year for each RAC to cover interpretation and translation costs. Additional funding may also be provided by the administrations and from the industries of the member states participating in the RAC. The budgets of the RACs referred to have yet to be finalised. Any spending on research work by an individual RAC will be a matter for that RAC to decide from the resources available to it.

Harbours and Piers.

Pat Breen

Ceist:

170 Mr. P. Breen asked the Minister for Communications, Marine and Natural Resources if he will meet a small deputation (details supplied) to discuss the calculation for fees for oil tankers in the Shannon Estuary; and if he will make a statement on the matter. [15938/05]

This matter relates to Council Regulation (EC) No. 2978/94 on the application of tonnage measurement of ballast spaces in segregated ballast oil tankers. The objective of the regulation is to encourage the use of environmentally friendly tankers and the use of segregated ballast tanks in oil tankers. The regulation introduced a differential calculation system for fees for oil tankers to be followed by port, harbour and pilotage authorities in order to reach the objective of the regulation.

An individual has, on a number of occasions, complained to the Department about the implementation of the above regulation and its effects on fees payable to pilots operating at Shannon Foynes Port Company. Based on legal advice received, the Department is satisfied that it is a matter for Shannon Foynes Port Company to apply the regulation and that there has been no breach of the regulation.

The Office of the Ombudsman received a complaint from an individual in relation to the implementation of the regulation. Following consideration of the complaint the Office of the Ombudsman informed the Department, inter alia, by letter dated 2 March 2004, that it had advised the complainant that it was clear that the Department acted in accordance with its legislative requirements and that the Ombudsman regarded the case as closed. In light of the above, I do not believe that any purpose would be served by my meeting the deputation referred to by the Deputy.

Inland Fisheries.

Brian O'Shea

Ceist:

171 Mr. O’Shea asked the Minister for Communications, Marine and Natural Resources if he will review the situation whereby all commercial drift net salmon licences cost the same irrespective of the number of tags allocated to the licence holder; and if he will make a statement on the matter. [16022/05]

Primary responsibility for the allocation of commercial salmon fishing licences is a matter for the relevant regional fisheries board in accordance with the prescribed criteria laid down under the Control of Fishing for Salmon Order 2005. This licence entitles fishermen to fish for salmon in a specified fishery district. The duty payable for a commercial salmon fishing licence has never been linked to the level of exploitation by the licence holder.

Under the wild salmon and sea trout tagging scheme regulations 2005, the fisheries boards are also responsible for managing the allocation of tags to commercial salmon fishing licence holders. The decision on the allocation of tags to each fisherman is made by the relevant fishery district committee, which includes representatives of all the commercial fishermen in the district, in line with the quota for that particular district specified in the regulations. Furthermore, I am advised by the fisheries boards that all licensed fishermen effectively determine their own tag allocation on the basis of their fishing effort each season within the confines of the relevant district quota.

As a result, I have no proposals to review the cost of commercial salmon fishing licences to take account of the numbers of tags allocated to individual fishermen by the fisheries boards. All proceeds from the sale of such licences contribute to the revenues of the central and regional fisheries boards and are reinvested by the boards directly into the ongoing management and development of the inland fisheries resource.

Postal Services.

Noel Grealish

Ceist:

172 Mr. Grealish asked the Minister for Communications, Marine and Natural Resources when the employees of An Post will receive the increases due to them under the various national wage agreements. [16043/05]

An Post is a commercial State body and the question of pay increases in the company is one in which I have no function. An Post has a remit to be financially viable and following significant losses, which amounted to €43 million in 2003 alone, An Post management invoked the inability to pay clause provided for in Sustaining Progress.

The key challenge for the company is to return to long-term financial stability. In this regard, An Post unions and management are involved in intensive negotiations with the assistance of the State's industrial relations machinery in a bid to agree a recovery plan that will put the company on a sound footing. The question of Sustaining Progress related payments are being addressed in the Labour Relations Commission brokered process. An agreement on a viable recovery plan will enable An Post to deliver quality services to our citizens, while at the same time providing sustainable well-paid employment for its staff.

Departmental Charges.

Enda Kenny

Ceist:

173 Mr. Kenny asked the Minister for Communications, Marine and Natural Resources further to the publication of the Travers report, if his Department has carried out a review of the legal basis for all charges and fees levied by his Department and agencies under the aegis of his Department; the outcome of any such review; if any charges have been identified which do not have an adequate legal basis; and if he will make a statement on the matter. [16096/05]

My Department, in consultation as necessary with the Office of the Attorney General, is carrying out a review of the legal basis for charges and fees levied by the Department and will also review the legal basis for charges and fees levied by agencies under its remit. The outcome of this review will be submitted to me as soon as possible.

EU Directives.

Arthur Morgan

Ceist:

174 Mr. Morgan asked the Minister for Communications, Marine and Natural Resources when the EU directive on the necessity for proper sewage treatment plants to ensure pollution-free shellfish will be implemented; the role his Department has in this regard; and if he will make a statement on the matter. [16217/05]

I assume that the directive to which the Deputy is referring is Council directive of 30 October 1979 on the quality required of shellfish waters, 79/923/EEC. This directive was transposed in Ireland by the Quality of Shellfish Waters Regulations 1994, SI 200 of 1994, as amended by the Quality of Shellfish Waters (Amendment) Regulations, 2001, SI 459 of 2001. The regulations require the establishment of programmes to ensure that designated waters conform to the quality standards specified in the regulations. There are 14 such areas at present, and steps are being taken, as a matter of priority, to ensure that programmes are put in place in respect of these areas. Work is in train also on proposals for the designation of further areas.

Salmon Management.

John Perry

Ceist:

175 Mr. Perry asked the Minister for Communications, Marine and Natural Resources the sanctions in place to deal with those found in breach of lice control on salmon farms; if he intends to introduce harsher penalties for those found guilty of poor lice control; and the number of persons who have been sanctioned for poor lice control according to the latest available figures (details supplied). [16279/05]

John Perry

Ceist:

176 Mr. Perry asked the Minister for Communications, Marine and Natural Resources if he will change the treatment trigger figure for the critical period on salmon farms in order that one figure will be in place and not two; if he will impose a zero lice level in the critical spring period; if he will substantially lower the level 2.0 for ovigerous lice outside of the critical period; if he will extend the critical period of March, April and May to allow for fluctuations in the weather and the timing of the sea trout migration to sea; and if he will impose a stricter regime of lice control in autumn and winter before the onset of the critical period (details supplied). [16280/05]

John Perry

Ceist:

177 Mr. Perry asked the Minister for Communications, Marine and Natural Resources if he will set lice limits for each salmon farm and not treatment triggers (details supplied). [16281/05]

I propose to take Questions Nos. 175 to 177, inclusive, together.

A structured national monitoring and control programme for sea lice at marine fin-fish farms is operated on behalf of the Department by the Marine Institute in accordance with the protocol for sea lice monitoring and control that was published by the Department in 2000. The programme involves the carrying out of 14 inspections a year at each site containing fish. One inspection is carried out in the period December to January, two inspections per month are undertaken in the period from March to May, and one inspection per month is carried out during the rest of the year. The key purpose of these inspections is to establish whether the lice levels at a site are in excess of the very strict trigger levels that are applied in this country. If the appropriate trigger level is exceeded, the operator of the site is required to apply an appropriate treatment with a view to effecting a reduction in the lice levels.

Treatment triggers during the spring period are set close to zero, in the range from 0.3 to 0.5 egg bearing female lice per fish, and are informed also by the number of mobile lice on the fish. Outside the spring period, a level of two egg-bearing lice per fish acts as the trigger for farms generally.

I am advised that experience has shown that the trigger levels set out in the protocol, which are the most stringent in any salmon producing country, are appropriate and represent a sound balance between protection of the environment, including wild fish stocks, animal welfare issues and proper use of animal medicines. Accordingly there are no proposals at present for alteration of these levels.

The critical period for sea trout smolt migration is, as indicated in the report of the sea trout task force and reiterated in subsequent reports of the sea trout working group, from February to the middle of May. Peak runs occur in mid-March, with smaller numbers of smolts migrating to sea both before and after that time. I am advised that the timing of these runs is consistent from year to year. In these circumstances, and as the monitoring and control programme already has a particular focus on the period from March to May, it is not proposed to extend that period.

The focus, therefore, is on endeavouring to ensure, in accordance with the provisions of the protocol, that lice levels at fish farms are kept as low as possible. This objective will be pursued through both the ongoing monitoring and control processes set out in the protocol and specific initiatives such as the programme of synchronous treatments undertaken by farms before the critical period, following engagement between the operators and officials of the Department and the Marine Institute. The position will, however, be kept under review, and the process of monitoring and control will be modified as necessary if it transpires in light of experience that adjustments or changes to the protocol arrangements are required.

If there was a failure on the part of a farm operator to comply with relevant requirements of the protocol, or to co-operate in taking the action necessary to reduce lice levels, the question of taking action against the operator concerned would fall to be considered. Possible forms of action mentioned in the protocol include conditional fish movement orders, and accelerated harvests. Another possibility would be a prosecution in accordance with the Fisheries Acts, where adherence to the protocol is a condition of the aquaculture licence for the fish farm concerned.

Departmental Properties.

Billy Timmins

Ceist:

178 Mr. Timmins asked the Minister for Communications, Marine and Natural Resources if he will provide a list of all the assets worth more than €100,000 that his Department has sold since 1997; the total value of all these assets; the purposes for which the proceeds from the sale of same were used; and if he will make a statement on the matter. [16300/05]

Enda Kenny

Ceist:

181 Mr. Kenny asked the Minister for Communications, Marine and Natural Resources if he will supply an inventory of all assets, specifically land and buildings, disposed of by his Department in each of the past 10 years; if transactions were in accordance with proper procedures in the case in which such apply; the date of each sale; the location and asset disposed of in each case; the disposal price agreed; and the purchaser involved. [16402/05]

I propose to take Questions Nos. 178 and 181 together.

I have provided the information requested in respect of land and buildings disposed of under the headings of foreshore and the fishery harbour centres. My Department is assessing the possible scope for a further more detailed reply in relation to disposals, if any, of other assets over the period, subject to the availability of the relevant information within my Department and the availability of resources to collate the information.

The following areas of foreshore were sold in the last ten years under the State Property Act.

Date of Sale

Location

Purchaser

Purchase Price

Area Sold

18/06/1995

Dunkettle, Co. Cork

Cork Corporation

51,026

7.7 acres

29/06/1995

River Lee Tunnel

Cork Corporation

438,060

56.77 acres

31/01/1996

Cullentra, Co. Wexford

Wexford Harbour Commissioners

1,905

0.42 acres

05/11/1996

Haggerdstown, Co. Louth

Louth County Council

6,349

40m2

19/12/1996

Bunratty, Co. Clare

John & Bernadette O’Connell

7,491

0.2 acres

09/01/1998

Knockadoon Pier, Co. Cork

Cork County Council

1,524

0.1 acres

21/04/1999

Lenaboy, Salthill

Mayor Aldemen & Burgesses of the County, Borough of Galway

6,349

11 acres, 2 roods 25 perches

18/04/2000

Deepwater Quay, Sligo

Sligo Harbour Commissioners

1,097

8.156 acres

11/05/2000

Malahide

Malahide Marina Village Ltd

580,397

4.82 acres

27/11/2001

Clonroad, Ennis, Co. Clare

Thomas McGrath Avonlea, Francis St., Clonroad, Ennis, Co. Clare

12,697

0.08 acres

12/2001

Steamboat Quay, Limerick

Steamboat Developments Ltd.

419,014

0.057 acres

The proceeds of these sales were brought to credit as appropriation-in-aid of the Department's Vote and were therefore surrendered to the Exchequer. In addition, the following sites at fishery harbour centres were sold and the proceeds from the sales were lodged to the fishery harbour centres fund in accordance with the provisions of the Fishery Harbour Centres Act 1968, as amended. Section 9 of this Act specifies that all such moneys should be paid into the fishery harbour centres fund.

Date of Sale

Premises/Land

Purchaser

Purchase Price

March 2000

Reclaimed Foreshore at Rossaveel Fishery Harbour Centre, Rossaveel, Co. Galway

Iasc Mara Teo

12,698

January 2003

Site for Fire Station at Killybegs Fishery Harbour Centre, Killybegs, Co. Donegal

Donegal County Council

272,992

September 2003

Plot of land at Howth Fishery Harbour Centre, Howth, Co. Dublin

CIE

51,000

These sales were in accordance with the provisions of the Fishery Harbour Centres Act 1968, as amended and based on independent valuations.

Inland Fisheries.

Brendan Howlin

Ceist:

179 Mr. Howlin asked the Minister for Communications, Marine and Natural Resources if fishing licences are being issued by his Department in respect of the River Nore; the number of licences that have been issued; the procedure for applying for such licences; and if he will make a statement on the matter. [16324/05]

Primary responsibility for the protection, development, conservation and management of inland fisheries, including the allocation of commercial salmon fishing licences, is a matter for the relevant regional fisheries board, in this case the Southern Regional Fisheries Board. The board allocates fishing licences in accordance with the prescribed criteria laid down under the Control of Fishing for Salmon Order 2005. As the Department has no role in the allocation of such licences, I have forwarded the Deputy's query to the chief executive officer of that board and asked him to reply directly in the matter.

Port Development.

Jim O'Keeffe

Ceist:

180 Mr. J. O’Keeffe asked the Minister for Communications, Marine and Natural Resources if he will report on the questions raised with the Dublin Port Company in relation to its decision to facilitate one private consortium (details supplied) in tendering for the national conference centre contract without its going through the normal tendering process and without giving other companies and consortia the opportunity to bid for similar facilitation; if he will further report on the response to such questions; his views on whether the private sale arrangement entered into by the Dublin Port Company breaches the code of practice for the governance of State bodies; the action taken or proposed to be taken by him to ensure that proper procedures are followed; and if he will make a statement on the matter. [16398/05]

On 1 April 2005, the Department requested Dublin Port Company to provide information in relation to the company facilitating a consortium in a tendering process for the national conference centre. On 7 April, the company replied stating that it has been facilitating one of the consortia bidding for the national conference centre in so far as it has consented to the inclusion of a site in the ownership of the company in the submission of the consortium to the Office of Public Works as being potentially a suitable site for the national conference centre. The company stated that it had not concluded any agreement for the disposal of company assets or to provide access to those assets in favour of any third party.

The principal issue at stake from the point of view of the Department is ensuring compliance by the company with the applicable legislation and the code of practice for the governance of State bodies. The primary responsibility for complying with the code of practice is a matter for the company. In this regard, the company has confirmed to the Department that it is adhering to the code of practice. Based on the information provided to the Department, I have no reason, at this time, to request further information from the company in relation to this matter.

Question No. 181 answered with QuestionNo. 178.

Telecommunications Services.

Joe Walsh

Ceist:

182 Mr. Walsh asked the Minister for Communications, Marine and Natural Resources his plans to further roll-out the metropolitan area network to additional towns throughout the country; and if he will make a statement on the matter. [16464/05]

The provision of broadband facilities is a matter in the first instance for the private sector telecommunications companies operating in a fully liberalised market. A number of factors determine where and when broadband services are offered in any area, including the potential number of customers, the level of investment required and so on. My Department's regional broadband programme is addressing the infrastructure deficit, in co-operation with the local and regional authorities. The programme is building high-speed open access broadband networks in almost 120 cities and towns that will be used by the private sector companies to offer services at competitive prices.

My Department is in close contact with the local and regional authorities, in association with whom the regional broadband programme is rolling out metropolitan area networks in 120 towns and cities. An indicative €200 million is being made available from Government and European regional development fund funds under the National Development Plan 2000-2006 for the development of suitable broadband infrastructure that will enable the provision of services in all areas by the private sector.

Close and continuous contact is also maintained with the telecommunications sector, through the Telecommunications and Internet Federation, the Alternative Licensed Telecoms Operators and with individual service providers, regarding broadband developments. My Department and I also work closely with regional development agencies, relevant Departments, chambers of commerce and other sectoral interests.

Departmental Charges.

Bernard Allen

Ceist:

183 Mr. Allen asked the Minister for Foreign Affairs further to the publication of the Travers report, if his Department has carried out a review of the legal basis for all charges and fees levied by his Department and agencies under the aegis of his Department; the outcome of any such review; if any charges have been identified which do not have an adequate legal basis; and if he will make a statement on the matter. [16006/05]

The Diplomatic and Consular Fees (Amendment) Regulations, 2004, SI 82 of 2004, lists the passport and consular fees charged by the Department of Foreign Affairs in Ireland and at our diplomatic and consular missions abroad. These fees include charges for passports, visas, work and working holiday authorisations, letters of freedom for Irish citizens wishing to marry abroad as well as for oaths, affidavits and the performance of notarial acts at our missions. The Department also charges fees in connection with applications for Irish citizenship by foreign births registration. The fees for this service are set by foreign birth regulations, SI 341 of 1988, provided for in the Irish Nationality and Citizenship Acts 1956 to 2004.

My Department recently carried out a review of the legal basis for the charges and fees it levies. I am satisfied that there is an adequate legal basis for these fees. The charges collected under the Freedom of Information Acts 1997 and 2003 are based upon fees prescribed by the Minister for Finance.

Human Rights Issues.

John Gormley

Ceist:

184 Mr. Gormley asked the Minister for Foreign Affairs if, in view of the fact that the European Union has not to date explicitly stated that it will not accept the outcome of the current national convention convened by the ruling State Peace and Development Council in Burma unless it meets minimum democratic standards which were set by the European Union meeting here in April 2004, he will call on the European Union to officially state that it will not accept any outcome of the SPDC sponsored national convention unless the minimum democratic standards are met and will not attend the Asia regional forum and ASEAN post ministerial meetings if Burma chairs ASEAN in 2006 unless an accountable government is in place. [16219/05]

The Government has consistently condemned the lack of progress towards democracy in Burma and the continuing abuse of human rights and fundamental freedoms in that country. Together with our EU partners, we remain gravely concerned about the continuing house arrest of Daw Aung San Suu Kyi, other opposition activists and a number of MPs elected in 1990. Regarding the outcome of the National Convention, now adjourned until an unspecified date in the autumn, it is clear that an eventual outcome falling short of minimum democratic standards would not be acceptable to Ireland or the EU.

While the members of ASEAN generally defend the principle of non-interference in each other's internal affairs, concern that the rotating chairmanship of the organisation is due to be held by Burma in 2006 has been growing in a number of its members. The ASEAN foreign ministers held an informal meeting in the Philippines on 11 and 12 April 2005 and agreed to defer a decision on this issue until their formal ministerial meeting in Laos in July. On 20 April, the Philippines Senate unanimously approved a resolution that Burma should not assume the chairmanship of ASEAN in 2006 unless there had been an improvement in the human rights situation, including the freeing of Aung San Suu Kyi. Ireland and our EU partners would, however, wish to see Burma's neighbours pressing much more strongly for progress towards democracy in that country.

At the seventh ASEM foreign ministers meeting, held at Kyoto from 6-7 May 2005, EU ministers, and ministers from the ASEAN member states, as well as those from China, Japan and Korea, renewed their call for the lifting of all restrictions and the development of the democratisation process in Burma at the earliest possible time with the involvement of all the parties concerned. Ministers also called on the Government of Burma to grant access to the special representative of the UN Secretary General, Mr. Razali Ismail, and to continue co-operation with other relevant UN agencies.

On 11 May 2005, the European Parliament passed a resolution calling for the EU to state that it will not participate in the ASEAN regional forum, the ASEAN post-ministerial meeting and other ASEAN meetings and events should Burma become the chair of ASEAN in 2006 without meeting any of the minimum conditions laid down at the sixth ASEM foreign ministers meeting in Kildare, which took place in April 2004.

The EU will now await the outcome of the ASEAN foreign ministers meeting in Laos in July before taking a decision on the question of the Union's presence or otherwise at the ASEAN regional forum and ASEAN post ministerial meetings during 2006. We are aware that the United States has said that it would not attend ASEAN-related meetings with Burma in the chair. However, it is appropriate in the context of EU-ASEAN relations to allow for further discussion of this issue in ASEAN before coming to a decision on the EU's position.

Departmental Properties.

Billy Timmins

Ceist:

185 Mr. Timmins asked the Minister for Foreign Affairs if he will provide a list of all the assets worth more than €100,000 that his Department has sold since 1997; the total value of all these assets; the purposes for which the proceeds from the sale of same were used; and if he will make a statement on the matter. [16301/05]

Enda Kenny

Ceist:

186 Mr. Kenny asked the Minister for Foreign Affairs if he will supply an inventory of all assets, specifically land and buildings, disposed of by his Department in each of the past ten years; if transactions were in accordance with proper procedures in the case in which such apply; the date of each sale; the location and asset disposed of in each case; the disposal price agreed; and the purchaser involved. [16403/05]

I propose to take Questions Nos. 185 and 186 together.

My Department has disposed of only one asset, a property, in the period of time specified. The ambassador's official residence in Lagos, Nigeria, was sold in February 2002 for the equivalent of €1,446,315. The buyer was a Mr. Tein George of the company Dominion Capital Trust Limited. The proceeds of the sale were transferred to the Department of Finance as extra Exchequer receipts. The property was sold when the embassy in Nigeria was required to transfer to the new federal capital, Abuja.

Sports Capital Programme.

Denis Naughten

Ceist:

187 Mr. Naughten asked the Minister for Arts, Sport and Tourism if he will approve a sports capital grant for a club (details supplied) in County Roscommon; and if he will make a statement on the matter. [16058/05]

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

Applications for funding under the 2005 programme were invited through advertisements in the press on 5 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 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.

Departmental Charges.

Jimmy Deenihan

Ceist:

188 Mr. Deenihan asked the Minister for Arts, Sport and Tourism further to the publication of the Travers report, if his Department has carried out a review of the legal basis for all charges and fees levied by his Department and agencies under the aegis of his Department; the outcome of any such review; if any charges have been identified which do not have an adequate legal basis; and if he will make a statement on the matter. [16209/05]

There are three agencies under the aegis of my Department that either charge or have the right to charge fees. These are Fáilte Ireland, the National Concert Hall and the National Gallery. I am satisfied that there is a legal basis for any such charges.

Departmental Properties.

Billy Timmins

Ceist:

189 Mr. Timmins asked the Minister for Arts, Sport and Tourism if he will provide a list of all the assets worth more than €100,000 that his Department has sold since 1997; the total value of all these assets; the purposes for which the proceeds from the sale of same were used; and if he will make a statement on the matter. [16302/05]

Since the establishment of my Department in June 2002 no assets worth more than €100,000 have been sold by my Department.

Fáilte Ireland.

Olivia Mitchell

Ceist:

190 Ms O. Mitchell asked the Minister for Arts, Sport and Tourism if he has received the recommendation, as threatened by management by letter to each worker, that money due under benchmarking in June 2005 be withheld from Fáilte Ireland staff; and if he has responded to defuse this row at such a crucial time of the year for the industry. [16323/05]

I understand that in accordance with the terms of the verification process in place under Sustaining Progress the chief executive of Fáilte Ireland has decided that he is not a position at this point in time to recommend payment of the benchmarking and general round payments to certain staff in the organisation which fall due for payment from 1 June 2005. This is on the basis that he does not consider that sufficient progress has been made in the implementation of the agency's agreed action plan under Sustaining Progress with regard to the commitment to full co-operation to the transfer of functions between the properties of the organisation.

This decision arises out of the procedures agreed by the parties to Sustaining Progress and in accordance with these procedures it is a matter for decision by the chief executive officer concerned. As the machinery for dealing with such matters is set out in Sustaining Progress I consider that it would not be appropriate for me to intervene.

Departmental Properties.

Enda Kenny

Ceist:

191 Mr. Kenny asked the Minister for Arts, Sport and Tourism if he will supply an inventory of all assets, specifically land and buildings, disposed of by his Department in each of the past ten years; if transactions were in accordance with proper procedures in the case in which such apply; the date of each sale; the location and asset disposed of in each case; the disposal price agreed; and the purchaser involved. [16404/05]

My Department does not own any land or buildings and consequently did not dispose of any such assets since its establishment in June 2002. Some assets such as office machinery, furniture and fittings which had a nominal book value or were fully depreciated have been disposed of during this period. These were accounted for as appropriate in my Department's annual appropriation accounts.

Consumer Protection.

Richard Bruton

Ceist:

192 Mr. Bruton asked the Minister for Enterprise, Trade and Employment if proposals are being developed to require persons touting for business by dropping leaflets to provide addresses and land line telephone numbers in order better to protect the public. [15946/05]

The practice of businesses dropping leaflets into people's homes offering goods or services is common. These leaflets are usually a form of advertising and sometimes addresses and land line numbers are provided and sometimes there is a mobile number. In either case consumers who are interested in the particular goods or services can contact the promoter for further details and if the address and-or land line number is not provided the consumer can ascertain this from speaking to the provider of the goods or services via mobile phone.

However the European Communities (Protection of Consumers in Respect of Contracts made by Means of Distance Communication) Regulations, S I 207 of 2001, might apply in certain circumstances. These regulations apply to contracts made by "means of distance communication" and these include unaddressed and addressed printed matter. The regulations protect the consumer by obliging suppliers to provide information on the identity of the supplier, the address — where payment is made in advance — the price and characteristics of the goods or services, the delivery costs, etc. For these regulations to apply, however, the contract has to be made making exclusive use of one of more of the means of distance communication. For example, if the consumer followed up on the leaflet and telephoned the mobile phone of the supplier and made the contract over the phone the regulations would apply. Failure by the supplier to provide the information required by the regulations constitutes an offence. The regulations are enforced by the Director of Consumer Affairs.

As with all transactions I urge consumers to obtain as much information as they feel they need before committing themselves to purchase anything. If people are concerned about fraud in these situations I am pleased to inform the Deputy that the Director of Consumer Affairs in March of this year launched a fraud awareness campaign which aims to help consumers to stop, think and check out unsolicited offers prior to parting with money or personal financial information.

Departmental Appointments.

Joe Costello

Ceist:

193 Mr. Costello asked the Minister for Enterprise, Trade and Employment the details of interview procedures for recruitment to his Department; and if there is separate membership of interview and appeals boards; and if he will make a statement on the matter. [15983/05]

Recruitment to all permanent posts at the Department of Enterprise, Trade and Employment is undertaken on behalf of the Department by the Public Appointments Service, PAS. This process typically involves candidates undertaking a minimum of one competitive interview by an interview board established by the PAS. Candidates for competitions run by PAS also need to satisfy certain qualifying criteria before being invited for interview.

The members on interview boards are sourced by the PAS from, in the main, across the Civil Service with each member having received appropriate formal interview training prior to sitting on an interview board. For certain technical or professional level posts interview board members may also be sourced from the private sector. Every effort is made to ensure that the interview board is gender balanced.

The PAS considers appeals from candidates made in writing within five working days of receipt of the notification of the decision. On receipt of the appeal, the selection decisions are revisited and the candidate is informed of the outcome of the review.

Interviewing undertaken directly by the Department of Enterprise, Trade and Employment is only for temporary posts, generally at cleaner level. The interview board for these posts normally comprises of three members, one being from the Department's personnel unit. It is departmental policy to ensure that, where possible, such boards are gender balanced.

Depending on the number of posts on offer the interview board may establish a panel of successful candidates, placed in order of merit, from which to fill current and any future vacancies that may arise in the particular post. Such a panel will normally run for one year from the date of interviews.

There is no formal appeals process following such interviews. Once the personnel unit is satisfied that correct procedures have been adhered to by the interview board, the decision of the interview board is final.

Departmental Charges.

Enda Kenny

Ceist:

194 Mr. Kenny asked the Minister for Enterprise, Trade and Employment further to the publication of the Travers report, if his Department has carried out a review of the legal basis for all charges and fees levied by his Department and agencies under the aegis of his Department; the outcome of any such review; if any charges have been identified which do not have an adequate legal basis; and if he will make a statement on the matter. [16005/05]

Further to the publication of the Travers report, the implications of the report have been considered and discussed by my Department's management board, by the assistant secretaries with their senior staff, and at the Department's recent senior management conference. A formal review of the legal basis for all charges and fees levied by my Department is a key response requirement of my Department to the Travers report, and as such will form part of a comprehensive response to the report over the coming months.

Job Losses.

Martin Ferris

Ceist:

195 Mr. Ferris asked the Minister for Enterprise, Trade and Employment if his attention has been drawn to the recent job losses in manufacturing in Listowel, County Kerry, due to the closure of a plant (details supplied); and the measures being taken to attract new investment to Listowel and north Kerry as a consequence. [16044/05]

I am informed by the Industrial Development Authority that, as a result of competitive pressures and a reduction in product demand, the company in question announced a restructuring plan in February of last year which would have seen over half of its workers made redundant. I understand from that the plan was rejected by the workers and the company took the decision to close the plant.

North Kerry continues to be promoted by IDA Ireland to potential investors from the manufacturing and international services sectors and every effort is being made to secure new investments for the area. The agency's strategy for the area is concentrated on developments in the international services, engineering and information communications technologies sectors, focusing on the linked hub town of Tralee. In addition to targeting potential new projects, IDA Ireland continues to work with its existing base of companies in north Kerry with a view to supporting these companies with potential expansions that strengthen their presence in the region.

Shannon Development has responsibility for the provision of property for industrial development in the area. Shannon Development works with companies to secure stronger niches in the global marketplace, through direct assistance to the companies themselves, and through initiatives such as the Kerry Technology Park, which was developed in partnership with Tralee Institute of Technology, and the Listowel Business Development Centre both of which are also actively marketed by IDA Ireland to potential investors. Shannon Development is investing almost €1.7 million in the Listowel centre which will provide the type of space required by smaller business. The first client, a locally based software company, took up occupancy earlier this year. A 16,500 sq. ft. factory has also been developed in Listowel and a food company, manufacturing prepared consumer ready meals, now occupies part of the building. I am satisfied that the combined efforts of the industrial development agencies, together with local interests, will continue to address the ongoing investment needs of the area.

Redundancy Payments.

Ned O'Keeffe

Ceist:

196 Mr. N. O’Keeffe asked the Minister for Enterprise, Trade and Employment the reason for the delay in having a statutory redundancy payment issued to a person (details supplied) in County Cork; and if his attention has been drawn to the fact that this person’s former work colleagues, who were made redundant at the same time, have all received their redundancy payments. [16240/05]

The matter is under query with the person concerned and as soon as a reply is received by my officials, payment will be made directly to her from the social insurance fund.

Departmental Properties.

Billy Timmins

Ceist:

197 Mr. Timmins asked the Minister for Enterprise, Trade and Employment the number and location of factories owned by the IDA or Enterprise Ireland; the number of these which are vacant; the rental cost of same; and if he will make a statement on the matter. [16263/05]

IDA Ireland is the agency with statutory responsibility for the attraction of foreign direct investment, FDI, to Ireland and its regions. As part of its responsibilities under those Acts it is also charged with providing property solutions for clients of Enterprise Ireland. The management of IDA Ireland's industrial property portfolio, including decisions relating to property rental, are day-to-day operational matters for the agency and not matters in which I have a function.

Following is a list of all IDA-owned buildings and buildings leased from private investors. There is no rental cost associated with these IDA owned buildings. Of the 56 vacant IDA owned buildings, only 13 are available for promotion due to sales or leases in progress. IDA Ireland leases 87 units from the private investors, 34 of which are vacant. For commercial reasons it is not appropriate to provide an itemised list showing the rent paid for each of these factories. However, the total rent payable for vacant buildings is currently in the order of €3.1 million per annum. IDA entered into the leases with private investors in the 1980s when it was policy to encourage investors to construct and finance buildings, mainly outside urban centres, in line with regional investment strategy.

Private Finance

IDA Owned

County

Occupied

Vacant

Total

Occupied

Vacant

Total

Cork

11

9

20

12

15

27

Donegal

4

3

7

8

0

8

Dublin

11

6

17

24

18

42

Galway

7

2

9

5

1

6

Kerry

0

0

0

3

10

13

Kildare

2

4

6

0

0

0

Kilkenny

0

0

0

1

1

2

Leitrim

0

0

0

2

1

3

Longford

0

0

0

2

1

3

Louth

0

0

0

1

0

1

Mayo

1

1

2

0

2

2

Monaghan

0

0

0

1

0

1

Offaly

0

0

0

0

1

1

Roscommon

4

0

4

0

2

2

Sligo

0

0

0

1

1

2

Tipperary

0

0

0

0

1

1

Waterford

1

7

8

12

1

13

Westmeath

3

1

4

0

0

0

Wexford

3

1

4

0

0

0

Wicklow

6

0

6

0

1

1

53

34

87

72

56

128

Billy Timmins

Ceist:

198 Mr. Timmins asked the Minister for Enterprise, Trade and Employment if he will provide a list of all the assets worth more than €100,000 that his Department has sold since 1997; the total value of all these assets; the purposes for which the proceeds from the sale of same were used; and if he will make a statement on the matter. [16303/05]

Enda Kenny

Ceist:

204 Mr. Kenny asked the Minister for Enterprise, Trade and Employment if he will supply an inventory of all assets, specifically land and buildings, disposed of by his Department in each of the past ten years; if transactions were in accordance with proper procedures in the case in which such apply; the date of each sale; the location and asset disposed of in each case; the disposal price agreed; and the purchaser involved. [16405/05]

I propose to take Questions Nos. 198 and 204 together.

The Office of Public Works owns or leases the land and buildings occupied by my Department and issues relating to the sale and disposal of such assets would be a matter for that office. My Department has not sold any assets worth more than €100,000 in the period since 1997.

Billy Timmins

Ceist:

199 Mr. Timmins asked the Minister for Enterprise, Trade and Employment the amount of unused industrial land his Department has in counties Wicklow and Carlow; the estimated value of same, by county; and if he will make a statement on the matter. [16322/05]

The management of IDA Ireland's industrial property portfolio is a day-to-day operational matter for the agency and not one in which I, as Minister for Enterprise, Trade and Employment, have a function. I have, however, been informed by IDA Ireland that it has the following promotional land available to market: 34.73 hectares in Wicklow at three locations in Bray, Greystones and Arklow and 25.98 hectares in Carlow at two locations in Bagenalstown and the Carlow business and technology park. Information regarding land valuation is commercially sensitive. It is operating practice in IDA Ireland that valuations of its land banks are not revealed.

Labour Inspectorate.

Seamus Healy

Ceist:

200 Mr. Healy asked the Minister for Enterprise, Trade and Employment when he intends to establish a properly resourced labour inspectorate including a substantially increased staff of at least 75 inspectors, increased powers for the inspectorate, provision of proper legal and other professional support for its inspectorate, statutory linkage with the trade union movement and substantially increased penalties for non-compliance with employment rights legislation; and if he will make a statement on the matter. [16375/05]

Following the Minister, Deputy Martin's recent announcement on 12 April, there are now 31 labour inspector posts. The additional inspectors will strengthen the labour inspectorate's capacity to ensure that workers receive their entitlements under employment rights legislation. Arising from paragraph 12.4 of the mid-term review of Sustaining Progress and to assist in the preparation of proposals for consideration by Government, a discussion document was prepared by the labour inspectorate in relation to its mandate and resourcing. This comprehensive discussion document was prepared and circulated to the social partners in January of this year so that their views could be obtained. All the issues raised by the Deputy are considered in the document.

The discussion document covered the full dimension of issues that impact on the operation of the labour inspectorate ranging from the legislative framework right through to the operational aspects and staff development. The discussion document also looked at a range of possibilities around the operation of the labour inspectorate and offered a spectrum of possibilities ranging from a compliance regime where the initiative would move more toward the complainant, with the labour inspectorate offering support, to a model where the right of initiative would be with the labour inspectorate who would conduct a hands-on approach.

The discussion document, which identifies 39 key proposals, is not prescriptive. Rather it seeks to present the arguments for and against an extensive range of issues impacting on the mandate and associated resourcing of the labour inspectorate and its linked business units. In the absence of appropriate analysis no particular model can be endorsed. However, the purpose of their inclusion is primarily to stimulate debate and signal that fundamental changes in approach should be considered. The discussion document has been well received among the social partners with some comments received and others are awaited although initial favourable views have been made known. An interactive phase on the discussion document will get under way shortly whereby the range of choices will be narrowed down and the issues raised by the Deputy will be considered in the context of the review.

Work Permits.

Paul Nicholas Gogarty

Ceist:

201 Mr. Gogarty asked the Minister for Enterprise, Trade and Employment the reason an application for the renewal of work permit was refused to a person (details supplied) in County Dublin; if this person can appeal their decision; and if he will make a statement on the matter. [16376/05]

This was not an application for a renewal but an application for a new permit. Originally the employee had been employed by a different company. When the application for a work permit was received from the second company, it was refused. This was because the employee appeared to have been illegally employed by this company in advance of the work permit application being made.

Additional information about this case has been made available to my Department in the last week. In light of this, and other factors, the entire matter is being reviewed, mainly on a humanitarian basis. The employer will be contacted by the work permits section in the course of this review.

Community Employment Schemes.

Michael Lowry

Ceist:

202 Mr. Lowry asked the Minister for Enterprise, Trade and Employment the number of persons on community employment schemes in each county from 1997 to 2004; the number of persons expected to be on community employment schemes by the end of 2005 in each county; and if he will make a statement on the matter. [16387/05]

The following tabular statement gives the numbers of participants on community employment, CE, schemes on a county-by-county basis for the period 1997 to 16 May 2005. I am informed by FÁS that it anticipates that the distribution of places on a county-by-county basis at end December 2005 will be broadly consistent with the existing spread.

Community Employment Participants by County

2005*

2004

2003

2002

2001

2000

1999

1998

1997

Carlow

308

333

302

421

470

501

519

585

581

Cavan

255

267

222

301

358

402

455

508

474

Clare

544

561

534

762

970

949

1,016

1,015

1,059

Cork

1,983

2,059

2,011

2,412

3,190

3,526

3,897

4,434

4,245

Donegal

1,110

1,066

963

1,165

1,338

1,340

1,480

1,643

1,520

Dublin

5,543

5,615

4,795

5,962

7,397

8,377

8,928

9,624

9,553

Galway

1,352

1,358

1,248

1,607

1,980

2,006

2,143

2,292

2,263

Kerry

897

897

789

1,052

1,301

1,329

1,422

1,478

1,452

Kildare

613

601

573

700

836

988

1,084

1,198

1,256

Kilkenny

377

399

360

461

561

576

651

672

648

Laois

318

344

264

350

423

530

563

535

613

Leitrim

148

144

129

195

232

288

288

403

358

Limerick

1,184

1,212

1,172

1,407

1,698

1,842

1,991

2,106

2,018

Longford

302

313

246

332

358

381

423

519

528

Louth

699

726

629

783

980

1,104

1,212

1,364

1,318

Mayo

765

765

737

993

1,273

1,523

1,653

1,656

1,646

Meath

392

389

317

430

561

571

718

773

988

Monaghan

354

338

280

342

415

491

581

601

579

Offaly

363

394

311

388

490

470

599

559

590

Roscommon

272

264

211

287

348

319

410

538

586

Sligo

415

422

428

469

549

615

667

732

708

Tipperary

1,037

1,077

970

1,228

1,479

1,481

1,460

1,651

1,564

Waterford

549

598

516

610

762

894

946

956

946

Westmeath

486

541

457

532

633

776

895

840

595

Wexford

769

821

737

996

1,186

1,242

1,310

1,453

1,430

Wicklow

649

690

647

806

1,021

1,028

1,268

1,385

1,521

21,674

22,194

19,848

24,991

30,809

33,549

36,579

39,520

39,039

*Figures as at May 16 2005. All other figures given at year end.

Michael Lowry

Ceist:

203 Mr. Lowry asked the Minister for Enterprise, Trade and Employment his views on the community employment scheme; and if he will make a statement on the matter. [16388/05]

Community employment, CE, provides work experience and training opportunities for the long-term unemployed and other disadvantaged groups with the aim of assisting participants to progress to jobs in the open labour market. The number of participants on CE nationally increased from 19,848 in January 2004 to 22,194 at end December 2004.

I am informed by FÁS that the rate of progression to employment for CE participants in 2002 was 41%; the corresponding rate in 2003 was 46%. Data on progression rates for 2004 have not yet been finalised by FÁS. The progression rates mentioned demonstrate the strong contribution of CE programmes in assisting very disadvantaged persons to take up employment in the open labour market.

On foot of a review of FÁS employment schemes, which included detailed consultations with the social partners, I decided that with effect from 10 November 2004 the three-year cap would be removed for CE participants aged 55 or over. This category of participants is now eligible to participate on CE for a maximum of six years. The extension of the participation period from three to six years for over-55s should ensure that there will be sufficient clients to fill the available places and will help to secure the continuity of community services generally. FÁS employment programmes, which comprise CE, social economy and job initiative, will provide over 25,000 places in 2005.

Question No. 204 answered with QuestionNo. 198.

Social Welfare Benefits.

Michael Lowry

Ceist:

205 Mr. Lowry asked the Minister for Social and Family Affairs the reason a person (details supplied) in County Dublin who was eligible for a payment has had this payment refused on change of residence; the steps she intends to take to reinstate this payment; and if he will make a statement on the matter. [16201/05]

The supplementary welfare allowance scheme provides for the payment of a weekly or monthly rent supplement to assist an eligible person who is unable to provide for his or her accommodation costs from his or her own resources and who does not have accommodation available from any other source. The scheme is administered on my behalf by the community welfare division of the Health Service Executive. Neither I nor my Department has any function in determining entitlement in individual cases.

The person concerned was in receipt of rent supplement from June 2003 to April 2005 inclusive. The Dublin-north eastern area of the executive has advised that, following her move to accommodation in the north Dublin area, the person concerned re-applied for rent supplement in April 2005. Her application was refused on the grounds that, in the opinion of the executive, the move could not be justified in terms of any additional employment prospects there compared with those in her previous area of residence. The person concerned has appealed against this decision and a file is being prepared for consideration by an executive appeals officer.

Paul Kehoe

Ceist:

206 Mr. Kehoe asked the Minister for Social and Family Affairs the reason an application for the supplementary welfare allowance was refused for a person (details supplied) in County Wexford; and if he will make a statement on the matter. [16202/05]

The supplementary welfare allowance scheme, which is administered on my behalf by the community welfare division of the Health Service Executive, provides for exceptional needs payments to assist with essential, once-off expenditure which a person could not meet reasonably out of his or her household income or other resources. In general, however, it is expected that people would budget their own income to meet the cost of their normal clothing requirements without the need for special assistance under this scheme.

The southern area of the executive has advised that it has no record of a recent application for an exceptional needs payment from the person concerned. However, he did apply to the then health board in June 2004 for an exceptional needs payment to assist with clothing costs. This application was refused on the grounds that there were no special circumstances in his case at that time to warrant an exceptional payment to him. He was unsuccessful in appealing against this decision subsequently to the health board's area appeals officer.

If the person concerned is experiencing special difficulties or needs now and wishes to apply for an exceptional needs payment, he should contact the community welfare officer at his local health centre who will assess his situation and determine his entitlement.

Departmental Programmes.

David Stanton

Ceist:

207 Mr. Stanton asked the Minister for Social and Family Affairs the programmes, schemes and services administered by his Department and which were reviewed in 2003 and 2004 or are under review in 2005; the number of these reviews which have been completed; the number of these reviews that are not completed and when he expects these reviews to be complete; the persons who are carrying out each review; the cost of each completed review and the amount of time each review took to complete; the expected cost of each uncompleted review; and if he will make a statement on the matter. [15972/05]

The expenditure review initiative is well established in my Department. In the period since 2003 reviews of four expenditure areas were carried out under the expenditure review programme and reviews of a further eight areas are ongoing. Details of the reviews carried out or under way from 2003 to 2005 are detailed in the appendix.

The objective of the expenditure review initiative in the Civil Service is to provide a systematic analysis of what is being achieved by expenditure on each programme and to provide a basis on which more informed decisions can be made on priorities within and between expenditure programmes.

Expenditure reviews are normally carried out in-house by working groups as part of the work of the Department. The working groups comprise staff from the relevant areas of the Department with representatives from the Department of Finance and other Departments or agencies, as appropriate. On occasions it is necessary to engage outside consultancy to assist in a specific aspect of a review. Also, reviews are now formally reviewed by an external expert under a consultancy contract.

Other approaches to expenditure reviews would involve working with other agencies as in the case with the review of child income support which is being carried out by the NESC; with the pensions board in the case of the current review of pensions policy; or with an interdepartmental committee as is the position with the review of long-term care arrangements. A review may build on earlier analyses or reports for the Department, as in the case with long-term care and pensions. The costs incurred by the Department where external assistance was required are also outlined in the appendix.

The amount of time it takes to complete a review varies and depends on the size and complexity of the programme areas, interaction with other Departments and agencies and the resources that can be provided to support the review. Where the programme is complex, it may be completed over a number of phases, as is the case with the review of the supplementary welfare allowance scheme and the review of pensions.

The recommendations from the review process feed into the policy making and change management processes within the Department. The review process generally is overseen by the expenditure review steering committee, which is chaired by the Department of Finance.

Appendix 1

Expenditure Review Activity 2003-2005

Year

Review

Due Date

Status/Consultancy Cost-Euro (incl. VAT)

2003

Payments to Orphans

Completed

Nil

Illness and Disability Payment Schemes

Completed

Nil

2004

Back to School Clothing and Footwear Allowance

Completed

Nil

Supplementary Welfare Allowance

Completed

Nil

2005

Back to Education

Qtr. 2

28,410

Unemployment Benefit/Assistance for Atypical Workers

Qtr. 4

38,292

Old Age Contributory Pension/Retirement pension — Phase 2

Qtr. 4

6,095

Supplementary Welfare Allowance — Phase 2

Qtr. 4

Nil

One-Parent Family payments

Qtr. 3

Nil

Carers Allowance/Benefit

Qtr. 3

Nil

Long-Term Care arrangements

Qtr. 3

Nil

Social Welfare Benefits.

Tony Gregory

Ceist:

208 Mr. Gregory asked the Minister for Social and Family Affairs if he will review the decision to reduce the disability allowance of a person (details supplied) in Dublin 3. [15995/05]

Under the legislative provisions that apply to disability allowance all income which the claimant has, subject to certain exceptions, is assessable as means. Following a review, the person concerned was assessed with means of €7.74 per week derived from an occupational pension. Occupational and private pensions are assessable as means in determining entitlement to disability allowance. Her disability allowance was reduced to €143.80 per week with effect from 11 May 2005. She was notified of her revised entitlement and of her right of appeal to the independent social welfare appeals office. Her case has been forwarded to the appeals office.

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

David Stanton

Ceist:

209 Mr. Stanton asked the Minister for Social and Family Affairs if he will consider increasing the family income supplement payment to persons whose income has decreased since first being awarded FIS and who still qualify for FIS; and if he will make a statement on the matter. [16052/05]

The family income supplement, FIS, scheme is designed to provide an incentive for low paid workers with families to take up or remain in full-time employment. An integral feature of the scheme is that once the level of the FIS payment is determined, it continues to be payable at that level for a period of 52 weeks provided that the claimant remains in employment. However, the rate of payment can be amended where an additional child is born in the course of the 52 weeks.

A key advantage of this approach, which is unique to the FIS scheme, is that claimants can be certain that they will receive a guaranteed level of income support throughout the period. This certainty is important to the success of the scheme in providing a real incentive to workers with families to avail of employment opportunities.

On balance, the net impact of the present approach is likely to be significantly positive for workers, given that wage movements are likely to rise rather than fall in the majority of cases during the year. The impact of more regular reviews would most likely be lower payments for most FIS recipients, employers and my Department.

Any change in the existing arrangements would require legislative change. Given the nature and purpose of the FIS scheme, I am not convinced that any such change would be appropriate.

Jack Wall

Ceist:

210 Mr. Wall asked the Minister for Social and Family Affairs the reason the supplementary rent allowance has been stopped for a person (details supplied) in County Kildare; the way in which this person has declared all income to his Department had they been assessed as having an overpayment; and if he will make a statement on the matter. [16102/05]

Rent supplements are provided through the supplementary welfare allowance scheme which is administered on my behalf by the community welfare division of the Health Service Executive. Neither I nor my Department has any function in relation to decisions on individual entitlements.

The Dublin-mid Leinster area of the executive has advised that, during a recent routine review of this case, it became aware that the person concerned was in receipt of one-parent family payment. The previous non-disclosure by her of this additional income has given rise to a significant overpayment of rent supplement to her over a six-month period.

The executive has written to the person concerned confirming her reduced rent supplement entitlement and the amount of the overpayment involved. She was informed that payment of her rent supplement would be suspended until she contacted the community welfare officer to agree a repayment schedule for the overpayment amount. She has not made contact with the officer to date. Payment of her rent supplement remains suspended accordingly.

Departmental Charges.

David Stanton

Ceist:

211 Mr. Stanton asked the Minister for Social and Family Affairs, further to the publication of the Travers report, if his Department has carried out a review of the legal basis for all charges and fees levied by his Department and agencies under the aegis of his Department; the outcome of such review; and if charges have been identified which do not have an adequate legal basis; and if he will make a statement on the matter. [16206/05]

The main business of my Department concerns the payment of cash benefits to customers. As such there are only a few instances of charges which come within my area of responsibility.

To fund social insurance related payments, social insurance contributions are levied against employees, self-employed workers and employers. Legislation setting out liability for and the collection of PRSI contributions is provided for in Part II of the Social Welfare (Consolidation) Act 1993. The Minister is empowered to make regulations under this Act to detail the legal requirements for the payment of contributions and related matters, including the charging of interest on arrears of contributions. These contributions are remitted to the Collector General or the Minister for Social and Family Affairs as appropriate and as provided for under statute.

In addressing issues relating to overpayments, repayment and the recovery of social welfare payments, Part VIII of the Social Welfare (Consolidation) Act 1993 provides a legal basis for the assessment and collection of sums due to the social insurance fund or the Minister as appropriate.

Part IX of the Social Welfare (Consolidation) Act 1993 stipulates an obligation on spouses to maintain each other and their children and on parents to maintain their children. The Act also imposes a liability on the "liable relatives" of specified social welfare recipients to contribute towards the cost of social welfare payments. The legal provisions allow for a determination of a person's ability to contribute towards these costs and the amount of weekly contribution due. The methods of assessment of the liable relative's ability to pay are specified in detail in social welfare regulations.

The only fees charged by my Department arise in relation to requests arising under freedom of information legislation. The fees charged are in accordance with statute and the published guidelines which apply across the Civil Service.

In relation to the four agencies under the aegis of my Department, the position is as follows: the pensions board levies fees on the trustees of occupational pension schemes and the providers of personal retirement savings accounts, PRSA. These fees generate an income for the board to fund its regulatory function. The necessary authority to levy these fees is contained in the Pensions Act 1990, as amended, with the actual amounts involved specified in regulations; the Family Support Agency is empowered under section 8 of the Family Support Act 2001 to charge, with the consent of the Minister for Social and Family Affairs, such fees as it considers necessary and appropriate in consideration of the provision by it of its services. In practice the only area in which the agency levies a charge for any of its services is in the provision of training in family mediation; and Comhairle and the Combat Poverty Agency charge for attendance at certain seminars-conferences and for certain publications on a selective basis. The level of the charge set represents a contribution to the relevant costs.

I am satisfied that any collection of funds by my Department or agencies is based on a sound legal footing and that, accordingly, a formal review in this regard is not required at this time.

In relation to the legal basis of decisions generally, my Department's decisions advisory office is carrying out a consultation process within the Department to ensure that in relation to the blocks of legislation under which the Department operates, all appropriate guidelines and instructions are in place and up to date and to ensure that any areas of concern in this regard are identified and addressed.

Social Welfare Benefits.

Eamon Gilmore

Ceist:

212 Mr. Gilmore asked the Minister for Social and Family Affairs the number of persons who are in receipt of rent allowance; the current monthly expenditure on rent allowance; and if he will make a statement on the matter. [16255/05]

Eamon Gilmore

Ceist:

213 Mr. Gilmore asked the Minister for Social and Family Affairs the cost of rent allowance in respect of each year from 1997 to 2004; the average monthly number of tenants in receipt of rent allowance; and if he will make a statement on the matter. [16256/05]

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

The supplementary welfare allowance scheme, which is administered on my behalf by the community welfare division of the Health Service Executive, provides for the payment of a weekly or monthly rent supplement to assist eligible people who are unable to provide for their accommodation costs from their own resources and who do not have accommodation available to them from any other source.

As of last Friday, 13 May, there were 58,283 people receiving rent supplement. Monthly expenditure on the scheme is approximately €29.4 million on average over the first third of this year. For the years from 1997 to 2004 inclusive, details of recipient numbers at the end of December each year and associated annual expenditure are set out in the following table:

Rent Supplement: annual expenditure and number of recipients 1997 to 2004.

Year

Recipients at end December

Annual Expenditure

1997

Est. 40,000

95.61m

1998

Est. 40,000

111.74m

1999

41,873

128.24m

2000

42,683

150.59m

2001

45,028

179.40m

2002

54,213

252.34m

2003

59,976

331.47m

Departmental Bodies.

Jan O'Sullivan

Ceist:

214 Ms O’Sullivan asked the Minister for Social and Family Affairs the number of working groups which have been set up by his Department since 2000; the name of each group; the amount spent by his Department on each group; and if he will make a statement on the matter. [16278/05]

Because of the broad range of my Department's activities, there is at any one time a range of working groups and committees overseeing specific tasks in the development of many aspects of my Department's services. The costs involved in the main relate to standard administrative overheads such as the staff time required to carry out the work of the groups, the publication and dissemination of reports and in some cases the costs of consultancy expertise. I have arranged for details of the working groups established since 2000 to be forwarded to the Deputy.

Social Welfare Benefits.

Michael Ring

Ceist:

215 Mr. Ring asked the Minister for Social and Family Affairs the reason a person (details supplied) in County Mayo has to refund the amount over-awarded by his Department; if his Department has legal advice in relation to this overpayment to this person. [16287/05]

The person applied for one parent family payment in January 2000. Her means were assessed as nil and she was awarded the maximum rate of payment. In July 2000 the person informed my Department that she had commenced employment. The person's gross weekly earnings were given as £199.68, €253.54, and her means were re-assessed at £42.15, €53.52, in accordance with social welfare legislation. Her rate of one-parent family payment was reduced accordingly.

Following a review of the person's claim in October 2003 it came to light that her earnings had increased significantly over the intervening period. Consequently, payment was suspended and she was afforded an opportunity to comment.

Having considered the circumstances of the case, the deciding officer made a revised decision reducing her entitlement in respect of the period from 3 January 2002 to 1 January 2003 and disallowing the claim for the period from 2 January 2003 to 15 October 2003. Arising from the decision, a one-parent family payment amounting to €6,361.40 was treated as an overpayment in accordance with section 278 of the Social Welfare (Consolidation) Act 1993.

At this stage, the decision of the deciding officer is before an appeals officer and no further action on the overpayment will be taken until the appeal is determined. Under social welfare legislation decisions in relation to claims must be made by deciding officers and appeals officers. These officers are statutorily appointed and I have no role in regard to making such decisions.

Departmental Properties.

Enda Kenny

Ceist:

216 Mr. Kenny asked the Minister for Social and Family Affairs if he will supply an inventory of all assets, specifically land and buildings, disposed of by his Department in each of the past ten years; if transactions were in accordance with proper procedures in the case in which such apply; the date of each sale; the location and asset disposed of in each case; the disposal price agreed; and the purchaser involved. [16406/05]

The matter raised by the Deputy is the responsibility of the Office of Public Works, which deals with all matters relating to property acquisition and disposal on behalf of my Department.

Social Welfare Benefits.

Seán Ryan

Ceist:

217 Mr. S. Ryan asked the Minister for Social and Family Affairs if he will report on the income limits for eligibility for the deserted wife’s benefit payment; his views on whether there is a need to have them updated; and when he intends to do so (details supplied). [16474/05]

Deserted wife's benefit is a social insurance payment made to a woman deserted by her husband. Entitlement to payment is based on social insurance contributions paid by the wife or her husband. The scheme was introduced in 1973 and was discontinued with effect from 2 January 1997, when one-parent family payment was introduced.

An earnings limit was introduced for deserted wife's benefit as and from 31 August 1992. The limit, which applied to new claims after that date, is €12,697.38 a year — gross earnings. Where earnings are in excess of this amount, there may be entitlement to a reduced rate of payment of deserted wife's benefit, provided earnings do not exceed €17,776.33 a year gross.

Under the one-parent family payment scheme, lone parents are encouraged to maximise their income from different sources and the means test for this scheme makes provision for the exemption of earnings and maintenance payments. The current earnings disregard is €146.50 per week or approximately €7,600 per annum.

The earnings limit for deserted wife's benefit has always been considered reasonable in comparison with the disregard for the one-parent family payment. The issue of support for lone parents generally to access employment is being examined as part of the end child poverty initiative under Sustaining Progress and the level of disregards and other supports for lone parents will be addressed in the light of the outcome of this examination.

Driving Tests.

Paul McGrath

Ceist:

218 Mr. P. McGrath asked the Minister for Transport if there are a number of vacancies within the driver testing section of his Department; if so, the number of such vacancies; the length of time these vacancies have existed; if these vacancies have been advertised; if so, when and the way and areas in which they have been advertised; the lost through-put of driver tests due to these vacancies; and if he will make a statement on the matter. [16015/05]

Jack Wall

Ceist:

223 Mr. Wall asked the Minister for Transport, further to his recent announcement regarding the employment of driver testers, the way in which this person (details supplied) will apply for such positions; the criteria applied; the mechanism for recruitment; the number of positions being filled; and if he will make a statement on the matter. [16103/05]

I propose to take Questions Nos. 218 and 223 together.

Driver tester numbers are part of the overall numbers in the Department and are arranged accordingly. They comprise both permanent and contract staff. Vacancies have arisen at different times over the past few years and up to as recently as 30 April 2005. It is proposed to advertise eight contract posts shortly. Each tester would be expected to undertake approximately 1,500 tests each year.

Road Traffic Offences.

John Curran

Ceist:

219 Mr. Curran asked the Minister for Transport if the offence of breaching a three tonne restricted area will be dealt with by way of an on-the-spot fine rather than by a summons. [16485/05]

The offence of breaching a weight restriction placed at the entrance to a road is not subject to the on-the-spot fine system. A person accused of such an offence must be summonsed to appear in court and on conviction for a first offence is liable to a fine not exceeding €800.

The Road Traffic Act 2002 provides for the replacement of the on-the-spot fine system with the new fixed charge system. That system applies to the offence of exceeding a speed limit and seat belt offences. Regulations to provide for the roll-out of the system to a range of additional offences involving the use of mechanically propelled vehicles, including the offence of breaching a weight restriction, are being prepared by my Department in consultation with the Department of Justice, Equality and Law Reform and the Garda Síochána.

The operation of the fixed charge system is dependent on the development of a new computerised processing system for the Garda. I understand it is expected to have the new system available during the summer of 2005.

Public Transport.

Richard Bruton

Ceist:

220 Mr. Bruton asked the Minister for Transport the new or extended quality bus corridors planned to be developed in 2005; and the kilometre length of the routes served. [15956/05]

Richard Bruton

Ceist:

221 Mr. Bruton asked the Minister for Transport, further to Question No. 233 of 5 May 2005, if the data of 117 kilometres of quality bus corridors mentioned includes all of the corridors with some bus corridor, such as that on Clontarf Road; if not, the number of kilometres of route not included in that reply; and if they are fully operational. [15957/05]

I propose to take Questions Nos. 220 and 221 together.

In relation to Question No. 221, I can confirm, as was pointed out in the response to Question No. 233 of 5 May 2005, that there are nine quality bus corridors with a total length of 117 kilometres in operation.

There are also other bus priority measures in place on other sections of the road network. These may not meet the quality characteristics of the QBC specification or connect with a quality bus corridor. They have generally been developed to better facilitate bus movement on sections of some specific routes. Such bus priority measures, aside from the quality bus corridors mentioned above, sum to a total operational length of just under 10 kilometres.

As regards the new or extended quality bus corridors planned to be developed in 2005, I would point out to the Deputy that the DTO is engaged in providing for a rolling programme of QBCs projects. In order to ensure the most up to date specific information on the programme, I have asked officials in my Department to arrange a meeting with the DTO in the near future on this matter.

Departmental Charges.

Olivia Mitchell

Ceist:

222 Ms O. Mitchell asked the Minister for Transport, further to the publication of the Travers report, if his Department has carried out a review of the legal basis for all charges and fees levied by his Department and agencies under the aegis of his Department; the outcome of any such review; if any charges have been identified which do not have an adequate legal basis; and if he will make a statement on the matter. [16007/05]

My Department is carrying out a review of the legal basis for its charges and fees. As part of this review my Department is seeking legal advice from the Office of the Attorney General as to whether the legal basis for these charges is adequate in all cases. The need to examine the basis for charges is being brought to the attention of the agencies.

Question No. 223 answered with QuestionNo. 218.

Driving Tests.

Olivia Mitchell

Ceist:

224 Ms O. Mitchell asked the Minister for Transport if the existing information technology systems used by the driving testing system will be overhauled; if so, the total cost he envisages for this project; when he anticipates this upgrade will be on-stream; and if he will make a statement on the matter. [16104/05]

My Department is already in the process of evaluating the IT needs of the driver testing service. When this is complete it is proposed to install a new IT system the procurement of which will be subject to a tender process.

Olivia Mitchell

Ceist:

225 Ms O. Mitchell asked the Minister for Transport if the range of duties proposed as part of the responsibilities undertaken by the Driver Testing and Standards Authority will be expanded; the consideration he has given to the recommendation that he should establish a road safety authority instead of the proposed structure; and if he will make a statement on the matter. [16105/05]

I will shortly bring proposals to Government about additional functions that I believe should be assigned to the Driver Testing and Standards Authority. These additional functions will give the authority a greater focus in relation to its role in the area of road safety. I will be bringing forward appropriate amendments to the Driver Testing and Standards Authority Bill 2004 on Committee Stage to give effect to these changes.

Olivia Mitchell

Ceist:

226 Ms O. Mitchell asked the Minister for Transport the consideration he has given to the introduction of weekend and evening driving tests; and if he will make a statement on the matter. [16106/05]

Driving tests are conducted on Saturdays. My Department is in consultation with staff representatives about a package of measures to reduce the numbers waiting for a driving test and it is envisaged that these measures will include increased productivity by way of additional evening and weekend tests.

Olivia Mitchell

Ceist:

227 Ms O. Mitchell asked the Minister for Transport the measures he intends to pursue to encourage driving test applicants to obtain driving instruction prior to sitting their test; and if he will make a statement on the matter. [16107/05]

I refer the Deputy to my reply to Question No. 358 on 8 February 2005. The Government's strategy for road safety 2004-06 identified speed, seat-belt wearing, driving while intoxicated, engineering measures and vulnerable road users as being the key priority areas to be addressed over the coming years in terms of yielding road safety benefits. As regards motorcyclists, over the course of the strategy it is the intention to introduce compulsory initial practical training for motorcyclists before they are permitted to drive alone on a public road. There are no proposals to introduce such compulsory training for other learner drivers. Proposals being developed by my Department for the regulation and quality assurance of driving instruction will involve a test of the competence of individual instructors and will ensure the availability of a high standard of instruction to learner drivers.

Departmental Properties.

Billy Timmins

Ceist:

228 Mr. Timmins asked the Minister for Transport if he will provide a list of all the assets worth more than €100,000 that his Department has sold since 1997; the total value of all these assets; the purposes for which the proceeds from the sale of same were used; and if he will make a statement on the matter. [16305/05]

Enda Kenny

Ceist:

231 Mr. Kenny asked the Minister for Transport if he will supply an inventory of all assets, specifically land and buildings, disposed of by his Department in each of the past ten years; if transactions were in accordance with proper procedures in the case in which such apply; the date of each sale; the location and asset disposed of in each case; the disposal price agreed; and the purchaser involved. [16407/05]

I propose to take Questions Nos. 228 and 231 together.

Under the Air Navigation and Transport (Amendment) Act 1998, certain assets that were previously owned by the Minister were transferred with effect from 1 January 1999 into the ownership of Aer Rianta. The company made a payment to the Exchequer of IR£13.9 million, equivalent to €17.65 million, representing the written down value of the Exchequer funded airport assets.

EU Directives.

Róisín Shortall

Ceist:

229 Ms Shortall asked the Minister for Transport the reason Directive 2002/15/EC of 11 March 2002 on working times for road hauliers was not enacted into Irish law here by the March 2005 deadline; and when he proposes to correct this. [16364/05]

Consideration of the necessary legislation to transpose EU Directive 2002/15/EC is at an advanced stage. The advice of the Office of the Attorney General is currently being sought on whether the transposition can take place by way of secondary legislation under the European Communities Acts or whether primary legislation is required. As soon as the outcome of these legal consultations is known my Department will be in a position to estimate how long it will take to complete the necessary transposition process.

Róisín Shortall

Ceist:

230 Ms Shortall asked the Minister for Transport when he proposes to amend legislation to provide for Directive 2002/85/EC on the installation and use of speed limiting devices for certain categories of motor vehicles; the deadline for the application of Community law in this instance; and the reason for the delay in implementing this directive. [16365/05]

Directive 2002/85/EC extends the existing EU requirement for speed limiters to be fitted and used in certain large goods and passenger vehicles to vehicles with more than eight passenger seats and to goods vehicles with a design gross vehicle weight exceeding 3,500 kg. The directive was required to be transposed into national law by 1 January 2005. My Department is working to put in place the necessary organisational and administrative arrangements for the effective implementation of the directive. The arrangements include the designation of an approval authority for the appointment and supervision of persons authorised to install and seal speed limiters in motor vehicles. It is my intention to make the regulations to transpose the directive into Irish law as soon as these arrangements are finalised.

Question No. 231 answered with QuestionNo. 228.

Rail Network.

John Curran

Ceist:

232 Mr. Curran asked the Minister for Transport his plans to advance new train stations at Adamstown and Park West in advance of the four tracking of the Kildare line; and the likely timeframe for these works. [16475/05]

The planning for the provision and operation of railway stations is, in the first instance, a day-to-day operational matter for Iarnród Éireann to consider. I am awaiting a revised proposal from the company for the four-tracking of a section of the Kildare route and the development of a number of new stations along the route, including Park West and Adamstown. However, Iarnród Éireann has informed me that it is in discussion with the developers at Park West and Adamstown regarding the provision of new stations at these locations in advance of the four-tracking proposal.

Question No. 233 withdrawn.

Dormant Accounts Fund.

John Cregan

Ceist:

234 Mr. Cregan asked the Minister for Community, Rural and Gaeltacht Affairs when the next tranche of money from the dormant accounts fund will be made available. [15952/05]

Decisions on the disbursement of funds from dormant accounts moneys are a matter for the Dormant Accounts Fund Disbursements Board, an independent body established under the Dormant Accounts Acts. The board engaged Area Development Management Limited, ADM, to administer the initial round of funding on its behalf, which involves the allocation of €60 million from the fund. To date the board has approved 481 projects for funding totalling approximately €56 million. Over the coming weeks further allocations will be made by the board up to a total figure of €60 million.

The Dormant Accounts (Amendment) Bill 2004 was published on 24 June 2004 fulfilling a commitment given by Government in December 2003 following its review of arrangements in relation to dormant accounts funding. The Bill is before the Oireachtas and, inter alia, provides for significant changes to the disbursement process and for the establishment of a reconstituted board. Report and Final Stages are scheduled to be taken in the Seanad today. Future processing arrangements, including the allocation of further amounts from the fund, are subject to the enactment of the Bill.

Departmental Bodies.

John Perry

Ceist:

235 Mr. Perry asked the Minister for Community, Rural and Gaeltacht Affairs when a decision will be made by the commissioners of charitable donations and bequests on the transfer of property to a group (details supplied) in County Sligo. [16000/05]

The commissioners of charitable donations and bequests for Ireland are appointed by the Government under the Charities Act 1961 with a mandate to provide services to trustees of charities and to carry out the intentions of persons making donations and bequests to charity. As the commissioners are independent in the exercise of their statutory duties, I do not comment on specific cases. However, my Department informed the office of the commissioners about the question posed by the Deputy, and was advised that a decision had been made in this case.

Community Development.

Michael Ring

Ceist:

236 Mr. Ring asked the Minister for Community, Rural and Gaeltacht Affairs if persons who are on community employment schemes will be allowed into the rural social scheme when the community employment schemes finish. [16004/05]

To be eligible to participate in the rural social scheme, RSS, a person must be in receipt of farm assist or have been allocated a valid herd or flock number from the Department of Agriculture and Food, and be in receipt of unemployment assistance, unemployment benefit if previously on a community employment scheme or disability allowance, or be a self employed fisherman whose fishing boat has been entered in the register of fishing boats or have been issued with a fishing licence for fishing for salmon at sea from the Department of Communications, Marine and Natural Resources, and be in receipt of unemployment assistance, unemployment benefit if previously on a community employment scheme or disability allowance. During the first year of operation, participants on community employment who meet the criteria for the rural social scheme are eligible to apply to transfer over to the RSS. My Department is at present reviewing the rural social scheme including the question of eligibility criteria for the scheme.

Paddy McHugh

Ceist:

237 Mr. McHugh asked the Minister for Community, Rural and Gaeltacht Affairs the position regarding the requirement for community groups to carry continuous public liability insurance on projects funded by IRD funding; and if he will make a statement on the matter. [16018/05]

The purpose of this requirement, contained in the operating rules for Leader + and the area based rural development initiative is to indemnify the Minister and the Department against any claims or losses arising from a project. It is considered prudent that this requirement remains in place in order to protect public funds. However, I will keep this matter under review.

Grant Payments.

Paddy McHugh

Ceist:

238 Mr. McHugh asked the Minister for Community, Rural and Gaeltacht Affairs if a grant will be awarded to a centre (details supplied); and if he will make a statement on the matter. [16019/05]

I am informed that Galway Rural Development Company has approved a grant of €2,780.50 under the national rural development programme to Ballymoe Development Centre Limited towards the erection of limestone townland names. I understand, however, the grant has not yet been paid due to some outstanding insurance and indemnification issues which are being discussed with Galway County Council. The parties concerned are confident that the matter will be resolved in the very near future.

Departmental Charges.

Dinny McGinley

Ceist:

239 Mr. McGinley asked the Minister for Community, Rural and Gaeltacht Affairs further to the publication of the Travers report, if his Department has carried out a review of the legal basis for all charges and fees levied by his Department and agencies under the aegis of his Department; the outcome of any such review; if any charges have been identified which do not have an adequate legal basis; and if he will make a statement on the matter. [16023/05]

My Department is carrying out a review to ensure that there is an adequate legal basis for any charges and fees it levies and it is arranging for a similar exercise to be carried out by the agencies under its aegis. The exercise is ongoing and to date no charges have been identified which raise concerns as to their legal basis.

Departmental Properties.

Billy Timmins

Ceist:

240 Mr. Timmins asked the Minister for Community, Rural and Gaeltacht Affairs if he will provide a list of all the assets worth more than €100,000 that his Department has sold since 1997; the total value of all these assets; the purposes for which the proceeds from the sale of same were used; and if he will make a statement on the matter. [16306/05]

My Department was established in 2002 and has disposed of no assets worth more than €100,000 since then.

Enda Kenny

Ceist:

241 Mr. Kenny asked the Minister for Community, Rural and Gaeltacht Affairs if he will supply an inventory of all assets, specifically land and buildings, disposed of by his Department in each of the past ten years; if transactions were in accordance with proper procedures in the case in which such apply; the date of each sale; the location and asset disposed of in each case; the disposal price agreed; and the purchaser involved. [16408/05]

My Department was established in 2002 and has disposed of no land or buildings since then.

Agricultural Sector.

John Perry

Ceist:

242 Mr. Perry asked the Minister for Agriculture and Food the number of persons in the western region that have given up farming in the years between 2000 and 2005 to date; the number of persons in the western region that have entered farming in the years between 2000 and 2005 to date; and if she will make a statement on the matter. [15913/05]

The Central Statistics Office publishes data on the number of persons in farming, it does not collect data on entrants to or exits from farming. Data is only available in respect of the period 2000 and 2003. According to the 2000 census of agriculture there were 32,800 farmers in the western region, Galway, Mayo and Roscommon, and in the 2003 farm structures survey there were 32,000 farmers, a fall of 2.4% over the period. The equivalent figures for the Border region, Cavan, Donegal, Louth, Monaghan, Sligo and Leitrim, are 28,900 for the year 2000 and 27,100 for 2003, a fall of 6.2% over the same period. This compares with a 4.2% decline in the number of farmers in the State over the same period.

Grant Payments.

John McGuinness

Ceist:

243 Mr. McGuinness asked the Minister for Agriculture and Food if a person (details supplied) in County Carlow is entitled to further benefit under the single payment scheme. [15914/05]

The herd number quoted, which has been dormant since 1995, was previously registered in the name of the spouse of the person named. As the spouse of the person named was not farming during the reference period, 2000 to 2002, having availed of the early retirement scheme in 1995, he did not establish any entitlements under the single payment scheme. Under the provisions of the single payment scheme, it will be open to the successor of the retired person to apply for entitlements from the national reserve, when he or she takes over the leased lands.

Michael Ring

Ceist:

244 Mr. Ring asked the Minister for Agriculture and Food when the balance of the suckler cow and beef premium grants will be awarded to a person (details supplied) in County Mayo. [15943/05]

The person named submitted four applications under the 2004 special beef premium scheme, in respect of a total of 13 animals. The first application, in respect of seven animals, was received on 2 March 2004; the second application, in respect of one animal, was received on 19 April 2004; the third application, in respect of three animals, was received on 22 December 2004; and the fourth application, in respect of two animals, was received on 31 December 2004. The 60% advance payments in respect of the first and second applications issued on 19 October 2004, in respect of the third application on 23 March 2005 and in respect of the fourth application on 1 April 2005.

One of the two animals included on the fourth application was identified, following computer validation, as not registered in the herd of the person named on the date of application, as required under the terms and conditions of the scheme. While there is outstanding correspondence on this matter with the person named, the balancing payments in respect of the other animals included on the four applications are due to issue shortly. Any residual payment that might be due following resolution of the outstanding issue will be made in due course.

The person named applied for premium on 13 animals under the 2004 suckler cow premium scheme. Payment of his 60% advance instalment amounting to €1748.37 issued to him on 18 October 2004. The application has been processed and found in order for balancing payment.

However at balancing payment stage all administrative and on-farm checks in relation to bovine premia applications lodged by the herdowner are carried out on an integrated holding-based approach and payment due in this case under the suckler cow scheme had to be deferred pending processing of his special beef applications. As soon as the balancing payments under special beef due to issue shortly are paid payment of the suckler balancing instalment will follow.

Michael Ring

Ceist:

245 Mr. Ring asked the Minister for Agriculture and Food when a person (details supplied) in County Mayo will be awarded the beef premium grant. [15966/05]

The person named submitted three applications under the 2004 special beef premium scheme, in respect of a total of 32 animals. The first application, in respect of five animals, was received on 4 March 2004; the second application, in respect of 19 animals, was received on 21 May 2004; and the third application, in respect of eight animals, was received on 20 December 2004. The 60% advance payments in respect of the first and second applications issued on 19 October 2004, and in respect of the third application on 23 March 2005.

Under EU regulations governing the 2004 special beef premium scheme, a stocking density limit of 1.8 livestock units per hectare applied, based on the forage area declared on an applicant's area aid application. The 2004 area aid application of the person named declared a forage area of 15.23 hectares, which gave an entitlement to 27.41 livestock units.

Of the 32 animals in question, ten were each deemed to represent 0.6 livestock units, while the remaining 22 animals were each deemed to represent one livestock unit, equating with a total livestock unit value of 28 livestock units. However, payment of premium was restricted to 27.41 premium rights, the maximum payable based on the forage area declared.

Following my decision to estimate the extent of the quota overshoot for the 2004 scheme, interim balancing payments issued on 21 April 2005, in respect of 27.41 animals. Once the definitive position regarding the extent of the quota overshoot has been established, any residual payments due will issue.

Dan Neville

Ceist:

246 Mr. Neville asked the Minister for Agriculture and Food if a decision with regard to the beef premium for a person (details supplied) in County Limerick has been reviewed. [16083/05]

The person named submitted three applications under the 2004 special beef premium scheme, in respect of a total of 43 animals. The first application, in respect of two animals, was received on 27 January 2004. The second application, in respect of 38 animals, was received on 2 November 2004. The third application, in respect of three animals, was received on 2 December 2004. Following computer validation, 34 of the animals included on the second application and two of the animals included on the third application were identified as not being registered as in the herd of the person named on the date of application, as required under the terms and conditions of the scheme. However, following correspondence with the person named, the matter has been satisfactorily resolved. Payments — both advance and interim balance — in respect of the three applications will issue shortly to the person named.

Departmental Staff.

Mary Upton

Ceist:

247 Dr. Upton asked the Minister for Agriculture and Food if she has at her disposal any outside authority to examine or audit procedures in the personnel division of her Department; if any form of accreditation is attached to the personnel division; and if she will make a statement on the matter. [16084/05]

The personnel division in my Department, as with all Departments of State, operates under a wide range of Civil Service procedures and codes of practice. While the Department of Finance has a leading role in preparing these procedures and codes of practice and in agreeing them with Departments and staff associations at the general council, there is no other formal accreditation attached to the personnel division. In like manner, any difficulties that arise in applying the codes are discussed and resolved with the Department of Finance and staff associations.

Mary Upton

Ceist:

248 Dr. Upton asked the Minister for Agriculture and Food if she will agree to an outside independent authority to review procedures in the personnel division of her Department relating to alleged breached of agreed procedures by the personnel authorities in particular under the grievance procedure; and if she will make a statement on the matter. [16085/05]

My Department adheres to the Civil Service grievance procedures when dealing with all formal grievances from staff members. The procedures allow a complainant who is dissatisfied with the outcome of an internal decision to have the matter reviewed by a mediation officer appointed by the Minister for Finance. The use of a mediation officer in the following situations is not permitted under the procedures: disciplinary action taken in accordance with the provision of the disciplinary code; selection for promotion; selection for assignment to a post carrying an allowance or to a post abroad, or for placement on higher scales of payment under restructuring agreements; exclusion from competitions or from consideration for promotion on grounds of health or sick leave record. I am satisfied that all aspects of the Civil Service grievance procedures are being adhered to in my Department.

Departmental Charges.

Denis Naughten

Ceist:

249 Mr. Naughten asked the Minister for Agriculture and Food further to the publication of the Travers report, if her Department has carried out a review of the legal basis for all charges and fees levied by her Department and agencies under the aegis of her Department; the outcome of any such review; if any charges have been identified which do not have an adequate legal basis; and if she will make a statement on the matter. [16095/05]

A review of the legal basis for the imposition of charges and levies is under way in my Department. A review of charges levied by State bodies under its aegis has also commenced. The Deputy will appreciate that as these reviews have only recently commenced, no conclusions can be drawn as yet.

Sheepmeat Sector.

Michael Lowry

Ceist:

250 Mr. Lowry asked the Minister for Agriculture and Food her views on the crisis (details supplied) facing sheep farmers; and if she will make a statement on the matter. [16197/05]

As the Deputy will be aware, the fall in prices for new season lamb, during mid to late April 2005, led to protests by sheep farmers at meat export premises. I am glad to report that the dispute appears to have been resolved following discussions between farmers' representatives and the export plants.

The following table shows the average factory price for spring lamb for the month of April 2005:

Week No.

Week Ending

Average factory price* for spring lamb €/kg

14

09/04/2005

4.85

15

16/04/2005

4.21

16

23/04/2005

4.23

17

30/04/2005

4.31

*Amounts exclude the VAT refunds incorporated in prices paid to farmers.

The above information is based on returns from a number of representative factories which show a range of prices on offer. Throughout this period prices for hoggets and ewes held up well. Prices for spring lamb this year have been influenced mainly by demand on the French market, our key export outlet. In the same period referred to in the table above, the quoted price on the French market fell from €5 per kg to around €4.40 per kg as a result of sluggish demand there and competition from other suppliers. The early Easter this year hindered the development of the market for spring lamb. Also the price for skins dropped from €8 to €1.50 or the equivalent of some 40 c per kg compared with this time last year.

Bord Bia has commissioned a promotion of new season lamb on the Irish market, which commenced on 16 May and will extend to the end of June. It will also be undertaking a campaign on the French market over the coming months aimed at maintaining and increasing market share for Irish lamb there. Initiatives such as these play an important role in maintaining and developing markets at home and abroad for Irish lamb, thereby supporting prices paid to suppliers. Whereas my Department is concerned that farmers receive a fair price for their produce, it has no function in the determination of market prices.

Live Exports.

Michael Lowry

Ceist:

251 Mr. Lowry asked the Minister for Agriculture and Food her views on the sheep live export trade; and if she will make a statement on the matter. [16198/05]

Denis Naughten

Ceist:

258 Mr. Naughten asked the Minister for Agriculture and Food the steps she will take to facilitate the live export of lambs to the UK and France; if she will address the current holding period restriction; and if she will make a statement on the matter. [16363/05]

I propose to take Questions Nos. 251 and 258 together.

I am always prepared to facilitate trade in live sheep which of course, has to take place in accordance with EU rules governing such intra-Community trade. Trade in sheep between member states of the European Union is subject to the provisions of, inter alia, Council Directive 2003/50/EC, which amends Council Directive 91/68/EEC, as regards reinforced controls on the movement of sheep and goats. These controls, which were introduced in the aftermath of the foot and mouth disease outbreak in 2001, came into effect on 1 July 2004. They provide as a minimum requirement, that breeding and fattening sheep must be certified as having been continuously resident on a holding for at least 30 days prior to export and that no sheep or goats had been introduced on to the holding in the 21 days prior to export. Slaughter sheep must also be certified as having been continuously resident on the holding of origin for at least 21 days prior to export and are also subject to a standstill period of 21 days prior to dispatch during which no sheep have been introduced on to the holding of origin. Furthermore, in accordance with EU veterinary certification requirements under this directive, all sheep that are exported to another member state must be certified as to their health status by a Department veterinary inspector within 24 hours of departure.

Michael Lowry

Ceist:

252 Mr. Lowry asked the Minister for Agriculture and Food the steps she intends to take to minimise the burden to farmers of an issue (details supplied); and if she will make a statement on the matter. [16199/05]

Intra-Community trade regulations require that sheep intended for export must be consigned from the holding of origin or from an approved assembly centre. My Department is prepared to facilitate such trade by approving assembly centres in accordance with the European Communities (Assembly Centres) Regulations 2000, SI 257 of 2000. However, to be approved as an assembly centre, a livestock mart must meet the standards laid down in the aforementioned regulations.

The question as to whether the operators of a livestock mart wish to apply for approval for its use as an assembly centre is a matter for commercial consideration in the first instance. Where a livestock mart is approved to operate as an assembly centre, it may do so only if it is operating solely as an assembly centre on a particular day.

Farm Retirement Scheme.

Brian O'Shea

Ceist:

253 Mr. O’Shea asked the Minister for Agriculture and Food if she will implement the findings of the recently published report on the early retirement scheme from farming (details supplied); and if she will make a statement on the matter. [16241/05]

I formally received the report of the Oireachtas joint committee on 7 April. I have asked my officials to consider the recommendations contained in the report, having due regard to the terms and conditions both of the early retirement scheme itself and of the European Commission regulations under which both the current and previous schemes were introduced.

Milk Quota.

Paul Kehoe

Ceist:

254 Mr. Kehoe asked the Minister for Agriculture and Food if the milk quota appeals tribunal has allocated further quotas from the national reserve; if a person (details supplied) in County Wexford will receive a further allocation, taking into account their circumstances; and if she will make a statement on the matter. [16254/05]

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.

The person in question applied for additional quota on the grounds of animal disease in the 2004-05 quota year. The tribunal examined his application in January 2005 and recommended an allocation on that occasion. He appealed this decision, and his case was reviewed by the tribunal recently. On appeal, the tribunal recommended an additional allocation of quota and notification of this issued to the person and his co-op last week.

Land Annuity Payments.

Billy Timmins

Ceist:

255 Mr. Timmins asked the Minister for Agriculture and Food the number of persons in County Wicklow who make land annuity payments for land obtained from the Land Commission; and if she will make a statement on the matter. [16264/05]

The number of persons with current obligations to my Department in respect of capital and-or interest payments on foot of land purchase annuities in County Wicklow is 74.

EU Funding.

Liam Aylward

Ceist:

256 Mr. Aylward asked the Minister for Agriculture and Food if she will examine the projected changes in EU funding for Ireland from 2007 to 2012; the categories of funding and objectives of the sources of the new funding; and the co-funding rates for each of the categories. [16265/05]

In February 2004, the Commission proposed financial ceilings for market supports and direct payments under the Common Agricultural Policy for the period 2007 to 2013, which would provide additional funding for Bulgaria and Romania on top of the amounts agreed in October 2002 by the European Council for the EU25. The Commission has also proposed that €88.75 billion would be provided for rural development in the enlarged EU27 over the same period.

The Commission proposed that the support for rural development should contribute to three objectives. First, it would improve the competitiveness of agriculture and forestry through support for restructuring, development and innovation. Second, it would improve the environment and the countryside through support for land management. Third, it would improve the quality of life in rural areas and encourage diversification of economic activity. In Ireland's case, the maximum co-funding rates would be 50% for the first and third objectives and 55% for the second objective. However, a 55% maximum rate would also apply to measures delivered through the Leader model which falls within the third objective. The various proposals have been under examination by my Department and have been the subject of discussions at EU level, including at the Council and European Council, since their publication. The negotiations will continue for some time and my objective will be to ensure the best possible outcome for Irish agriculture, the food industry and rural communities.

Departmental Properties.

Billy Timmins

Ceist:

257 Mr. Timmins asked the Minister for Agriculture and Food if she will provide a list of all the assets worth more than €100,000 that her Department has sold since 1997; the total value of all these assets; the purposes for which the proceeds from the sale of same were used; and if she will make a statement on the matter. [16307/05]

There has been a number of asset disposals during the period in question. My Department is gathering the information requested and a comprehensive reply will be issued to the Deputy as soon as possible.

Question No. 258 answered with QuestionNo. 251.

Enda Kenny

Ceist:

259 Mr. Kenny asked the Minister for Agriculture and Food if she will supply an inventory of all assets, specifically land and buildings, disposed of by her Department in each of the past ten years; if transactions were in accordance with proper procedures in the case in which such apply; the date of each sale; the location and asset disposed of in each case; the disposal price agreed; and the purchaser involved. [16409/05]

There has been a number of asset disposals during the period in question. My Department is gathering the information requested and a comprehensive reply will issue to the Deputy as soon as possible.

Question No. 260 answered with QuestionNo. 38.

Garda Stations.

Arthur Morgan

Ceist:

261 Mr. Morgan asked the Minister for Justice, Equality and Law Reform if it is planned to provide a new Garda station at Dromad, County Louth; the location of the new station; if land has been acquired for this purpose; and when work will commence on the construction of the new station. [15922/05]

I am aware of the existing accommodation facilities at Dromad Garda station. It is the intention to provide alternative accommodation for the gardaí serving there as soon as practicable, and in that regard my Department has submitted a specific proposal to the Office of Public Works which is considering a number of options in the matter. Accordingly, the Deputy will, I hope, appreciate that I cannot be more specific at this time.

Garda Deployment.

Paul Kehoe

Ceist:

262 Mr. Kehoe asked the Minister for Justice, Equality and Law Reform the crime statistics for Leighlinbridge, County Carlow, for 2000, 2001, 2002, 2003 and 2004; if he will consider increasing the number of gardaí in the area; and if he will also consider establishing a full-time Garda station in the area. [15923/05]

As regards crime figures, the Deputy will be aware that on becoming Minister for Justice, Equality and Law Reform, I arranged for the publication of headline crime statistics on a quarterly basis to improve the quality of information available to the public. While caution should be exercised in interpreting levels of crime between quarters, I am pleased to note that during my term of office as Minister, the quarterly crime rate has decreased from 6.7 per 1,000 population to six per 1,000 over the longer period of 11 quarters for which figures are available. This trend is reflected throughout most Garda districts in the country.

In interpreting these figures, account must also be taken of the introduction of the new PULSE computer system by the Garda Síochána in 1999, which led to more complete and comprehensive recording of crimes reported than was previously the case. The Deputy will also wish to be aware that, taking into account the significant increase in our population since 1995, the headline crime rate has fallen from 29 per 1,000 population in 1995 to 25 per 1,000 population in 2004.

The following tables show the headline offences for the years 2000 to 2004, inclusive, for the Carlow Garda district which covers the Leighlinbridge area.

The number of Garda personnel assigned to each station, 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 Garda service is provided to the general public. In this regard, in addition to the specific resources available to stations, there has also been a considerable increase since 1997 in the number of gardaí serving in national units. Specialist Garda units such as the Garda national drug unit, the national bureau of criminal investigation, the Criminal Assets Bureau and the Garda bureau of fraud investigation operating under the assistant commissioner in charge of national support services, have enabled the Garda Síochána to tackle serious crime effectively. These specialist units work closely with gardaí operating at district and divisional level.

As regards Garda resources generally, I am pleased that the Government has approved my proposal to increase the strength of the Garda Síochána to 14,000 members on a phased basis, in line with the programme for Government commitment 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 Garda Commissioner will now draw up plans on how best to distribute and manage these additional resources. Clearly, the additional resources will be targeted at the areas of greatest need, as is envisaged in the programme for Government. The programme identifies in 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 increase very significantly 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.

Table 1

Headline Offences Recorded and Detected for Carlow Garda District from 2000 to 2004*

Year

2004*

2003

2002

2001

2000

Rec

Dec

Rec

Dec

Rec

Dec

Rec

Dec

Rec

Dec

Homicide

0

0

0

0

0

0

1

1

3

3

Assault

60

35

65

48

84

71

38

31

15

14

Sexual Offences

28

16

75

57

44

31

18

14

10

6

Arson

9

1

20

1

11

3

5

3

13

3

Drugs

22

22

23

22

9

9

21

21

12

12

Thefts

616

249

575

195

467

149

351

139

321

148

Burglary

423

39

460

39

453

42

359

44

441

79

Robbery

19

4

30

9

26

14

18

5

17

4

Fraud

42

28

48

36

55

33

112

96

117

106

Other

18

10

18

16

27

24

10

9

3

2

Total

1,237

404

1,314

423

1,176

376

933

363

952

377

*Statistics for 2004 are provisional-operational and liable to change.

Visa Applications.

John McGuinness

Ceist:

263 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform the status of an application for persons regarding unification in the name of a person (details supplied) in County Kilkenny; if a decision in the case will be expedited; and the timeframe involved. [15924/05]

The application in question sought to enable the wife and children of a person who has temporary leave to remain here until 5 March 2006 to join him in the State. Having given full consideration to the applications the visas were refused because the visa officer was not satisfied, on the basis of documentation supplied, that the applicants could be fully supported by the spouse in the State without the possible need to have recourse to public funds and resources. The applications were refused on 27 January 2005 and my Department notified the Department of Foreign Affairs the following day.

John McGuinness

Ceist:

264 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform if a holiday visa will be approved for a person (details supplied); and if a decision in the case will be expedited. [15925/05]

To date, my Department has not received the visa application to which the Deputy is referring.

Crime Levels.

Fergus O'Dowd

Ceist:

265 Mr. O’Dowd asked the Minister for Justice, Equality and Law Reform the headline offences recorded and detected for the Drogheda area from 2000 to 2004. [15926/05]

Fergus O'Dowd

Ceist:

266 Mr. O’Dowd asked the Minister for Justice, Equality and Law Reform the headline offences recorded and detected for the Ardee, County Louth area, from 2000 to 2004. [15927/05]

Fergus O'Dowd

Ceist:

267 Mr. O’Dowd asked the Minister for Justice, Equality and Law Reform the headline offences recorded and detected for the Dundalk area from 2000 to 2004. [15928/05]

I propose to take Questions Nos. 265 to 267, inclusive, together.

As regards crime figures, the Deputy will be aware that on becoming Minister for Justice, Equality and Law Reform, I arranged for the publication of headline crime statistics on a quarterly basis to improve the quality of information available to the public. While caution should be exercised in interpreting levels of crime between quarters, I am pleased to note that during my term of office as Minister, the quarterly crime rate has decreased from 6.7 per 1,000 population to six per 1,000 over the longer period of eleven quarters for which figures are available. This trend is reflected throughout most Garda districts in the country.

In interpreting these figures, account has also to be taken of the introduction of the new PULSE computer system by the Garda Síochána in 1999, which led to more complete and comprehensive recording of crimes reported than was previously the case. The Deputy will also wish to be aware that, taking into account the significant increase in our population since 1995, the headline crime rate has fallen from 29 per 1,000 population in 1995 to 25 per 1,000 population in 2004.

The following tables show the headline offences for the years 2000 to 2004, inclusive, for the Drogheda Garda district, the Dundalk Garda district and the Navan Garda district which covers the Ardee area.

Headline Offences for Drogheda Garda District for the years 2000 to 2004*

Year

2004*

2003

2002

2001

2000

Rec

Dec

Rec

Dec

Rec

Dec

Rec

Dec

Rec

Dec

Homicide

2

2

2

1

0

0

1

1

3

3

Assault

42

19

45

23

43

36

37

29

20

16

Sexual Offences

17

6

22

11

23

15

17

10

13

11

Arson

42

2

33

5

33

7

43

15

13

4

Drugs

22

22

30

30

18

17

16

16

17

17

Thefts

646

194

570

168

585

183

416

130

358

134

Burglary

384

40

299

31

342

90

344

95

309

39

Robbery

20

5

20

6

25

9

18

13

21

9

Fraud

38

20

51

40

67

40

26

22

47

38

Other

12

9

8

4

42

40

10

7

6

5

Total

1,225

319

1,080

319

1,178

437

928

338

807

276

*Statistics for 2004 are provisional-operational and liable to change.

Headline Offences for Dundalk Garda District for the years 2000 to 2004*

Year

2004*

2003

2002

2001

2000

Rec

Dec

Rec

Dec

Rec

Dec

Rec

Dec

Rec

Dec

Homicide

2

1

2

2

2

2

0

0

5

0

Assault

67

47

84

61

149

99

114

76

72

46

Sexual Offences

36

18

33

18

57

43

24

16

22

17

Arson

49

9

61

7

65

6

55

4

25

1

Drugs

10

10

9

9

9

9

9

9

7

7

Thefts

609

156

796

162

749

243

581

244

420

151

Burglary

465

69

442

49

416

60

370

50

353

53

Robbery

27

8

28

8

38

12

16

6

43

14

Fraud

78

48

56

30

97

53

111

91

72

58

Other

33

16

25

14

41

28

18

9

15

9

Total

1,376

382

1,536

360

1,623

555

1,298

505

1,034

356

*Statistics for 2004 are provisional-operational and liable to change.

Headline Offences for Navan Garda District for the years 2000 to 2004*

Year

2004*

2003

2002

2001

2000

Rec

Dec

Rec

Dec

Rec

Dec

Rec

Dec

Rec

Dec

Homicide

0

0

0

0

0

0

1

1

2

2

Assault

43

36

47

39

38

34

30

27

27

24

Sexual Offences

15

8

18

14

21

15

9

5

7

5

Arson

17

4

12

5

10

4

8

4

5

2

Drugs

5

5

4

4

9

8

15

15

11

11

Thefts

486

142

370

129

432

123

334

116

217

91

Burglary

292

38

328

39

318

42

281

75

272

74

Robbery

22

8

11

1

12

1

18

9

5

4

Fraud

26

13

10

8

42

32

32

26

48

42

Other

5

3

13

10

8

7

10

9

3

3

Total

911

257

813

249

890

266

738

287

597

258

*Statistics for 2004 are provisional-operational and liable to change.

Tribunals of Inquiry.

Richard Bruton

Ceist:

268 Mr. Bruton asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the complaints of persons (details supplied); if there is substance in any or all of the complaints; and if he will make a statement on the matter. [15929/05]

I am aware of the complaints of the persons concerned, which were also the subject of a parliamentary question answered on 10 May. The central issue linking these complaints is the issue of costs for persons appearing before the Morris tribunal. This issue has been raised many times in the House and the position is clear. The current legislation, the Tribunal of Inquiry (Evidence) Acts 1921 to 2002, provides that the question of costs is solely a matter for the tribunal. The Acts provide that a tribunal which, having regard to its findings and all other relevant matters, is of the opinion that there are sufficient reasons rendering it equitable to do so, can order the whole or part of the costs of representation of a person appearing before it to be paid.

A tribunal, when determining whether costs should be paid, may take into account failure to co-operate or to provide assistance to, or knowingly giving false or misleading information to, the tribunal. This has important practical implications for tribunals generally in their search for the truth. The power to decide on costs is, therefore, one of the most powerful weapons in the armoury of a tribunal to ensure the co-operation and truthfulness of the parties.

With regard to the Morris tribunal, it is clear from the chairman's judgment on applications for costs associated with the first module that he regards co-operation with the tribunal and truthfulness in giving evidence as matters of paramount importance. In deciding on costs he made deductions in some cases and totally rejected other applications where he was of the opinion that persons deliberately lied or otherwise hindered him in his efforts to get to the truth.

It is crucial that this power is available to tribunals and is not undermined. To interfere with it, however well intentioned the motives, would blunt the effectiveness of tribunals in general and the Morris tribunal in particular, in uncovering the truth and I am not prepared to do that. I have consistently maintained this policy.

As regards other issues connected with the tribunal and the position of the persons concerned in relation to it, the fact is that the forum exists for the full truth of what happened in County Donegal to emerge. The Morris tribunal has demonstrated its effectiveness and the Government has demonstrated its readiness to take action on foot of its findings. I urge everyone connected with the work of the tribunal to co-operate fully with its inquiry.

A report on the second module is anticipated in the near future and, on the evidence of the first report, clearly the tribunal will be forthright in its comments and it criticisms and will not hesitate to apportion blame wherever it feels necessary. The Government for its part will also act quickly, as it did in the light of the first report, in response to the findings of the tribunal.

On the issue of costs to date, it is expected that the tribunal will hear applications for costs associated with the second module on 13 June. This may prove to be of assistance to the persons concerned who will be entitled to make an application for costs.

Citizenship Applications.

John Cregan

Ceist:

269 Mr. Cregan asked the Minister for Justice, Equality and Law Reform when a decision will be made on an application for naturalisation by a person (details supplied) in County Limerick. [15930/05]

An application for a certificate of naturalisation from the person referred to by the Deputy was received in the citizenship section of my Department on 15 March 2004. The average processing time for such an application is currently 24 months. On the basis of the current average processing time, it is likely therefore that the application of the individual concerned will be finalised in early 2006. I will inform both the applicant and the Deputy as soon as I have reached a decision on the application in question.

Asylum Applications.

Olivia Mitchell

Ceist:

270 Ms O. Mitchell asked the Minister for Justice, Equality and Law Reform when a decision will be made on an application for asylum by a person (details supplied). [15931/05]

The person concerned has instituted judicial review proceedings challenging a deportation order made in respect of him and, accordingly, as the matter is sub judice, I do not propose to comment further in this case.

Registration of Title.

Sean Fleming

Ceist:

271 Mr. Fleming asked the Minister for Justice, Equality and Law Reform when an application to register land by a person (details supplied) in County Laois will be completed. [15932/05]

I am informed by the Registrar of Titles that this is an application for a transfer sale which was originally lodged on 12 December 2004 — dealing No. D2004TJ026975X refers. I am further informed that the application was rejected on 1 March, 2005 and re-lodged on 11 March 2005 — dealing No. D2005TJ005850B refers. I am also informed that a query issued to the lodging solicitors on 15 March 2005 and that the application cannot proceed until this query has been satisfactorily resolved. I assure the Deputy, however, that on receipt of a satisfactory reply the matter will receive further attention in the Land Registry.

Visa Applications.

Tony Gregory

Ceist:

272 Mr. Gregory asked the Minister for Justice, Equality and Law Reform, further to Parliamentary Question No. 238 of 27 April 2005 and the comprehensive information provided (details supplied), if he will regularise the child’s permission to remain with their parents and allow them to obtain a temporary visa to participate in the youth exchange visit to Germany in June 2005. [15933/05]

I am pleased to inform the Deputy that permission to remain for the child in question has been granted.

Registration of Title.

Liam Aylward

Ceist:

273 Mr. Aylward asked the Minister for Justice, Equality and Law Reform if a dealing with the Land Registry Office on behalf of a person (details supplied) in County Kilkenny will be expedited. [15973/05]

I am informed by the Registrar of Titles that this is an application for voluntary transfer which was lodged on 30 November, 2004 — dealing No. D2004TJ025267R refers. I am further informed that this application was completed on 13 May 2005.

Crime Levels.

David Stanton

Ceist:

274 Mr. Stanton asked the Minister for Justice, Equality and Law Reform the crime statistics for the Cobh area of County Cork for 2000, 2001, 2002, 2003 and 2004 under each headline, including the total recorded and detected; and if he will make a statement on the matter. [15984/05]

David Stanton

Ceist:

275 Mr. Stanton asked the Minister for Justice, Equality and Law Reform the crime statistics for the Youghal area of County Cork for 2000, 2001, 2002, 2003 and 2004 under each headline, including the total recorded and detected; and if he will make a statement on the matter. [15985/05]

David Stanton

Ceist:

276 Mr. Stanton asked the Minister for Justice, Equality and Law Reform the crime statistics for the Midleton area of County Cork for 2000, 2001, 2002, 2003 and 2004 under each headline, including the total recorded and detected; and if he will make a statement on the matter. [15986/05]

David Stanton

Ceist:

277 Mr. Stanton asked the Minister for Justice, Equality and Law Reform the crime statistics for the Fermoy area of County Cork for 2000, 2001, 2002, 2003 and 2004 under each headline, including the total recorded and detected; and if he will make a statement on the matter. [15987/05]

David Stanton

Ceist:

278 Mr. Stanton asked the Minister for Justice, Equality and Law Reform the crime statistics for the Mitchelstown area of County Cork for 2000, 2001, 2002, 2003 and 2004 under each headline, including the total recorded and detected; and if he will make a statement on the matter. [15988/05]

David Stanton

Ceist:

279 Mr. Stanton asked the Minister for Justice, Equality and Law Reform the crime statistics for the Mallow area of County Cork for 2000, 2001, 2002, 2003 and 2004 under each headline, including the total recorded and detected; and if he will make a statement on the matter. [15989/05]

I propose to take Questions Nos. 274 to 279, inclusive, together.

With regard to crime figures the Deputy will be aware that on becoming Minister for Justice, Equality and Law Reform, I arranged for the publication of headline crime statistics on a quarterly basis to improve the quality of information available to the public. While caution should be exercised in interpreting levels of crime between quarters, I am pleased to note that during my term of office as Minister, the quarterly crime rate has decreased from 6.7 per 1,000 population to six per 1,000 population over the longer period of 11 quarters for which figures are available. This trend is reflected throughout most Garda districts.

In interpreting these figures account has to be taken of the introduction of the new PULSE computer system by the Garda Síochána in 1999, which led to more complete and comprehensive recording of crimes reported than was previously the case. The Deputy will also note that, taking into account the significant increase in our population since 1995, the headline crime rate has fallen from 29 per 1,000 population in 1995 to 25 per 1,000 population in 2004.

The following tables show the headline offences, for the years 2000 to 2004, inclusive, for the Cobh Garda district, Midleton Garda district which covers Youghal, Fermoy Garda district which covers the Mitchelstown area, and Mallow Garda district.

Headline offences for Cobh Garda District for the years 2000 to 2004*.

Year

2004*

2003

2002

2001

2000

Rec

Dec

Rec

Dec

Rec

Dec

Rec

Dec

Rec

Dec

Homicide

0

0

0

0

0

0

0

0

0

0

Assault

30

19

50

31

55

50

24

19

20

20

Sexual Offences

10

1

24

11

24

16

31

28

8

8

Arson

2

0

9

1

10

0

4

1

2

1

Drugs

13

11

11

11

13

13

11

11

17

17

Thefts

194

70

277

61

249

59

210

58

147

63

Burglary

75

30

86

11

144

33

106

24

89

41

Robbery

4

2

3

1

4

0

1

1

2

2

Fraud

13

12

32

21

10

4

7

5

10

9

Other

11

10

13

9

17

14

8

6

3

2

Total

352

155

505

157

526

189

402

153

298

163

*Statistics for 2004 are provisional-operational and liable to change.

Headline offences for Midleton Garda District for the years 2000 to 2004*.

Year

2004*

2003

2002

2001

2000

Rec

Dec

Rec

Dec

Rec

Dec

Rec

Dec

Rec

Dec

Homicide

0

0

0

0

3

3

1

1

0

0

Assault

18

13

27

16

32

24

26

22

20

20

Sexual Offences

13

4

11

5

36

25

21

19

6

5

Arson

3

0

4

1

11

6

7

2

4

1

Drugs

29

28

21

18

26

25

15

15

7

7

Thefts

290

102

276

71

306

46

188

80

177

84

Burglary

145

33

148

45

154

25

137

49

91

30

Robbery

2

0

2

1

3

2

4

2

3

1

Fraud

29

21

36

24

29

14

25

24

30

27

Other

7

7

9

8

10

4

8

7

2

2

Total

536

208

534

189

610

174

432

221

340

177

*Statistics for 2004 are provisional-operational and liable to change.

Headline offences for Fermoy Garda District for the years 2000 to 2004*.

Year

2004*

2003

2002

2001

2000

Rec

Dec

Rec

Dec

Rec

Dec

Rec

Dec

Rec

Dec

Homicide

0

0

0

0

0

0

0

0

0

0

Assault

18

17

34

27

37

28

24

21

10

10

Sexual Offences

6

3

17

7

26

21

4

1

3

3

Arson

6

5

6

0

4

1

1

0

0

0

Drugs

14

13

13

12

18

17

12

12

7

7

Thefts

169

51

209

44

223

66

170

64

127

54

Burglary

101

14

138

10

133

28

88

15

68

19

Robbery

1

0

4

0

2

0

0

0

1

1

Fraud

26

21

19

14

22

8

14

9

25

24

Other

5

4

2

0

7

5

2

2

1

1

Total

346

128

442

114

472

174

315

124

242

119

*Statistics for 2004 are provisional-operational and liable to change.

Headline offences for Mallow Garda District for the years 2000 to 2004*.

Year

2004*

2003

2002

2001

2000

Rec

Dec

Rec

Dec

Rec

Dec

Rec

Dec

Rec

Dec

Homicide

0

0

0

0

0

0

0

0

0

0

Assault

23

16

22

16

36

31

14

10

10

10

Sexual Offences

1

1

4

3

6

3

9

3

2

2

Arson

3

0

8

3

2

0

1

0

4

2

Drugs

15

13

4

4

7

7

3

3

6

6

Thefts

187

75

275

85

205

51

147

48

154

87

Burglary

91

16

112

16

103

14

104

26

83

25

Robbery

4

0

4

1

6

1

3

2

0

0

Fraud

28

25

34

26

24

18

13

12

7

7

Other

10

6

9

5

6

6

3

3

1

1

Total

362

152

472

159

395

131

297

107

267

140

*Statistics for 2004 are provisional-operational and liable to change.

Court Cases.

Jim O'Keeffe

Ceist:

280 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform, further to Parliamentary Question No. 238 of 23 March 2005, the reason he has failed to furnish the information requested seeking information on the number of cases relating to any aspect of immigration which are before the courts; the category into which each case falls; the average length of time that each case is before the courts and if immigration related cases have created a problem for the operation of any court; and if he will provide a response on the public record to this question. [15990/05]

I replied to the Deputy by letter dated 5 May 2005, the details of which I repeat hereafter.

The question is very broad and it has proved difficult to identify those cases before the courts which relate to "any aspect of immigration". There are three types of court cases which could potentially fall within the ambit of the question. These are where charges under various laws have been brought against non-nationals in the State, where charges have been brought against non-nationals under specific provisions of immigration legislation and where civil actions have been taken by non-nationals challenging decisions in the refugee or immigration areas.

In regard to the first category my Department cannot identify extant cases where charges have been brought against non-nationals in the State. There is no specific record kept in my Department of criminal cases specifically involving non-nationals and even if there were, it would then be difficult to identify which of those cases, if any, involved an "aspect of immigration".

In regard to the second category there are numerous specific offences created by immigration legislation. For example, section 5(9) of the Immigration Act 2003 provides that a person who obstructs or hinders his or her removal from the State shall be guilty of an offence and on summary conviction shall be liable to a fine not exceeding €3,000 or to imprisonment for not more than 12 months or to both. Likewise, section 12(2) of the Immigration Act 2004 provides that a non-national who fails to produce a valid passport, identity document or registration certificate when requested, in the absence of a satisfactory explanation, shall be guilty of an offence. In regard to these types of specific immigration related offences my Department does not collect data on cases before the courts.

My Department and offices under its aegis have information in regard to the third category. This category of cases consists mainly of applications for judicial review in the High Court of decisions made by either the Office of the Refugee Applications Commissioner, the Refugee Appeals Tribunal or my Department. It includes judicial review challenges to deportation orders made by me. It also includes a small number of cases appealed to the Supreme Court and applications for inquiries into the detention of persons as provided for in Article 40 of the Constitution.

The following table shows the caseload as at 31 March 2005 broken down by the various offices-administrative areas which are responding to the cases. It should be noted that the caseload shown for each sub-category is not exclusive to that category as several cases involve challenges to more than one aspect of the refugee-immigration processes. Rather, the breakdown into sub-categories reflects the volume of cases with which each office is involved.

"Live" cases before the courts as at 31 March, 2005

Sub-Category

No. of Cases

Refugee Applications Commissioner

44

Refugee Appeals Tribunal

293

Formal refusals of refugee status and related matters

11

Deportation orders and related matters

360

General Immigration

10

Citizenship/Naturalisation

9

The question asks the average length of time that each case is before the courts. It is not possible to state an average time due to the variables involved, including the nature of the proceedings and the complexities of the issues involved. Article 40 inquiries into a person's detention are normally heard and determined within a matter of a few days in view of the urgency of the issues. Some of the more straightforward judicial review cases have been determined within a matter of a few months due to the particular urgency of the case, for example, where an injunction issue was involved. More complex cases have been before the courts for more than 12 months before a final determination is reached. For example, the L and O cases involving issues related to the deportation of parents of Irish born children took 15 months to be finally determined. Furthermore, there are a small number of judicial review cases in hand challenging deportation orders where the proceedings were filed in 2000.

Departmental Publications.

Jim O'Keeffe

Ceist:

281 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the reason his Department’s annual report for 2004 has not been published to date; and the expected date of publication. [15991/05]

My Department is finalising its annual report for 2004 and I anticipate that it will be published in mid-year, following its translation into Irish. The Deputy may be interested to note that my Department has recently completed its third progress report on the implementation of An Agreed Programme for Government commitments for which it is responsible — almost 70 commitments in total. The progress reported on these commitments will form part of the Government's 2005 agreed programme annual progress report which will be published in due course. The implementation of these An Agreed Programme for Government commitments forms a substantial part of the work of the Department and the progress on their implementation will also be reflected in my Department's 2004 annual report when published.

Public Order Offences.

Tony Gregory

Ceist:

282 Mr. Gregory asked the Minister for Justice, Equality and Law Reform if the Garda authorities will provide a report regarding the upsurge in anti-social behaviour at the partly detenanted Dominick Street flats in Dublin 1; and if he will make a statement on the matter. [15998/05]

I understand from the Garda authorities that local management is aware of an increase in anti-social behaviour at the location referred to by the Deputy. I understand that over the past eight weeks 39 persons have been arrested for public order offences at the location. I am further informed that mobile and foot patrols, particularly community gardaí, are giving increased attention to the area and will ensure that a concentrated visible presence is maintained in the area. I have been assured that local Garda management is monitoring the position and taking a proactive approach to deal with the problems highlighted.

Child Care Services.

Paul Kehoe

Ceist:

283 Mr. Kehoe asked the Minister for Justice, Equality and Law Reform when a decision will be made concerning funding for a centre (details supplied) under the equal opportunities child care programme; if his Department has received an application for such funding; and if he will make a statement on the matter. [16009/05]

The equal opportunities child care programme, EOCP, is a seven year development programme and provides grant assistance towards the staffing costs of community based and not-for-profit child care services which have a clear focus on disadvantage and can demonstrate they are supporting disadvantaged parents to access employment, education or training.

The group in question has received staffing grant assistance totalling €115,786 which covered the period to end July 2005. Staffing grants are normally made available for three years in the first instance. The Deputy may be aware that I approved the continuation of the existing levels of staffing grant assistance until 31 August 2005 for those groups whose first three years of funding had elapsed and which showed, following a short reassessment, that they were continuing to deliver child care services in accordance with agreed targets.

The Deputy may also be aware that I am extending to the end of December 2007 the terms of the existing staffing grants to groups which continue to deliver a child care service in accordance with their pre-agreed targets. To benefit from such funding the groups must continue to pay particular attention to the support of disadvantaged families and the implementation of a fee structure tailored to the differing economic circumstances of the client group, which ensures that child care places subsidised by the EOCP are targeted towards those most in need. Accordingly, if the group in question is continuing to deliver child care services in accordance with its pre-agreed targets and meets the criteria set out above, it can expect to continue to receive staffing grant support until the end of 2007.

Citizenship Applications.

John Perry

Ceist:

284 Mr. Perry asked the Minister for Justice, Equality and Law Reform, further to Parliamentary Question No. 475 of 24 February 2004, the progress made on this naturalisation (details supplied); when it will be completed; and if he will make a statement on the matter. [16020/05]

The application for a certificate of naturalisation from the person referred to by the Deputy is in the final stages of processing and will be submitted to me for a decision as soon as possible. I will inform both the applicant and the Deputy as soon as I have made a decision in the matter.

Garda Computer Systems.

Joe Costello

Ceist:

285 Mr. Costello asked the Minister for Justice, Equality and Law Reform the number of virus attacks and hacker attacks on Garda computer systems that have been prevented in 2002, 2003, 2004 and to date in 2005; the number which have caused difficulties to systems; the kind of difficulties they have caused; the number of people who have been questioned by gardaí or others about such incidents during those separate periods; the number of arrests made; the number of prosecutions; the resources provided to prevent virus or hacker attacks; the number of systems files stolen by hackers or copied; if the Garda is satisfied with protection procedures in place to prevent people hacking into systems; the amount of money spent on protecting Garda computer systems annually; and if he will make a statement on the matter. [16021/05]

The Garda Síochána has a number of computer systems in operation and employs a wide range of security solutions, policies and procedures to safeguard these systems from unwarranted intrusion and attack. I am informed by the Garda authorities that, as a consequence of these security policies and practices, Garda systems have not suffered from an invasive attack from 2002 to date.

In keeping with industry accepted security practices neither the tools nor methodologies used to protect the IT systems and their capabilities to detect or counter specified attacks are published as it is of a sensitive nature. Security is managed by a set of specialist commercial products in a specialist mix, unique to the Garda environment.

Similarly, the amount of money spent on protecting Garda systems annually is sensitive information. That said, the Garda authorities are of the opinion that the financing of their security measures is currently adequate. Protecting Garda systems from virus and hacker attacks is an ongoing task and, where necessary, additional resources are made available from time to time.

Residency Permits.

Olivia Mitchell

Ceist:

286 Ms O. Mitchell asked the Minister for Justice, Equality and Law Reform if his Department will urgently return passports to persons (details supplied) in Dublin 16. [16061/05]

An application for permission to remain in the State on the basis of parentage of an Irish born child under the revised arrangements was received from the persons concerned on 31 March 2005. The applicants have not as yet formally advised my Department of the cancellation of their applications. The applications are currently being processed and the passports were returned to the persons concerned by registered post on 12 May 2005.

Visa Applications.

Brendan Howlin

Ceist:

287 Mr. Howlin asked the Minister for Justice, Equality and Law Reform the position regarding receipt of a visitor visa application for a person (details supplied); when a decision on this visa application will be conveyed; and if he will make a statement on the matter. [16093/05]

The application in question was to enable the mother of a non-EEA national to visit with family in the State. In assessing any visa application, the visa officer will consider various matters, including whether it is reasonable in all the circumstances to conclude that the applicant would fully honour the conditions of the visa, for example, it is unlikely the applicant would overstay the length of time applied for. In all cases the onus is on the applicant to demonstrate to the satisfaction of the visa officer that he or she would observe the conditions of any visa which could issue. The applicant provided no information of a social, economic or professional nature with her home country which would lead the visa officer to conclude that the applicant would return following the proposed visit. The visa was refused on 1 September 2004 and the decision was sent to Kiev two days later.

The application is now over seven months out of date. It is of course open to the applicant to make a fresh application. Any such application should include up to date supporting documentation and the application will be considered anew.

Dublin-Monaghan Bombings.

Finian McGrath

Ceist:

288 Mr. F. McGrath asked the Minister for Justice, Equality and Law Reform the reason the committee of independent academics, which is to advise his Department on access to the files on the Dublin and Monaghan bombings, has not yet been established; when it will be established; and if he will make a statement on the matter. [16133/05]

I refer the Deputy to my announcement of 30 December 2004 on enhanced access to the Department's historic records to complement the arrangements already in place for the transfer of 30 year old records to the National Archives under the provisions of the National Archives Act 1986.

The records in question are those which are over 30 years old but have not previously been made available for inspection. The scope of this access will not be confined to files relating to the Dublin and Monaghan bombings or indeed to any other specific matter.

Proposals to facilitate access for academics and scholars to such records are currently being prepared. This will involve the appointment of a group of prominent academic figures to advise the Department on the best approach to take. I intend to make an announcement regarding the membership of this committee in the near future.

Garda Liaison.

Tony Gregory

Ceist:

289 Mr. Gregory asked the Minister for Justice, Equality and Law Reform if the Garda authorities in the Bridewell, Dublin 7, will liaise with Dublin City Council to implement measures to prevent the rear of properties of the council (details supplied) in Dublin 7 from being used for drug misuse; and if he will make a statement on the matter. [16136/05]

I am informed by the Garda authorities that local Garda management meet representatives from Dublin City Council on a quarterly basis to discuss matters of mutual interest and that gardaí have discussed the problem of drug misuse at the location mentioned with Dublin City Council. I am further informed that since these discussions derelict sheds at the location have been removed, leading to a noticeable reduction in problems. Gardaí have adopted a proactive approach in this regard and have made seven arrests during the past month at the location in question.

Garda Recruitment.

Pat Breen

Ceist:

290 Mr. P. Breen asked the Minister for Justice, Equality and Law Reform when the vacant post of Garda sergeant in Kilkee, County Clare, will be filled; and if he will make a statement on the matter. [16142/05]

I am informed by the Garda authorities, who are responsible for the detailed allocation of resources, including personnel, that it is the responsibility of the divisional officer for County Clare to allocate personnel within his or her division. Ì have been further informed by the Garda authorities that the current personnel strength of Kilkee Garda station is two gardaí.

Garda management will continue to appraise the policing and administrative strategy employed in the Clare division with a view to ensuring an effective Garda service is maintained. The situation will be kept under review and when additional personnel next become available, the needs of the Clare division will be fully considered within the overall context of the needs of Garda divisions throughout the country.

On Garda resources generally, I am pleased that the Government has approved my proposal to increase the strength of the Garda Síochána to 14,000 members on a phased basis, in line with the agreed programme for Government commitment. This is a key commitment in the programme for Government and its implementation will significantly strengthen the operational capacity of the force.

The Commissioner is now drawing up plans on how best to distribute and manage these additional resources. In this context, the needs of Kilkee Garda station will be fully considered within the context of the needs of Garda stations 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 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 and they will have a real impact.

Residency Permits.

John Gormley

Ceist:

291 Mr. Gormley asked the Minister for Justice, Equality and Law Reform if he has received correspondence from a person (details supplied); if he intends to act on the requests made in this correspondence; and if he will make a statement on the matter. [16144/05]

I have received correspondence from and on behalf of the persons referred to in the Deputy's question. The persons concerned have instituted judicial review proceedings, challenging a decision to refuse residency, which are ongoing in the High Court. It is not the practice to engage in detailed correspondence on the substance of matters which are the subject of an ongoing court challenge. For the same reason it would not be appropriate for me to comment further on the case.

Registration of Title.

Willie Penrose

Ceist:

292 Mr. Penrose asked the Minister for Justice, Equality and Law Reform if an application for first registration by a person (details supplied) in County Westmeath will be expedited; and if he will make a statement on the matter. [16203/05]

I am informed by the Registrar of Titles that this is an application for first registration which was lodged on 14 March 2005 — dealing No. D2005XS007295Y refers. I am further informed that queries issued to the lodging solicitor on 12 May 2005 and that the application cannot proceed until these queries have been satisfactorily resolved.

Due to the complicated nature of this type of case, which requires examination of an applicant's entitlement to the property concerned, it is not possible to estimate a date of completion at this time. However, I assure the Deputy that on receipt of a satisfactory reply, the matter will receive further attention in the Land Registry.

Visa Applications.

Willie Penrose

Ceist:

293 Mr. Penrose asked the Minister for Justice, Equality and Law Reform if an application for a visitors visa by a person (details supplied) will be expedited; and if he will make a statement on the matter. [16204/05]

My Department has no record of a visa application from the person named in the details supplied by the Deputy. The Deputy should forward the reference number of the visa application in question to the immigration division of my Department in order to enable a check on the status of the application.

Garda Stations.

Olivia Mitchell

Ceist:

294 Ms O. Mitchell asked the Minister for Justice, Equality and Law Reform the number of Garda stations nationwide; the number in each division; and if he will make a statement on the matter. [16208/05]

I have been informed by the Garda authorities, who are responsible for the detailed allocation of resources, including personnel, that the number of Garda stations in each Garda division as of May 13, 2005 was as set out in the table:

Division

Stations

Carlow/Kildare

31

Cavan/Monaghan

35

Clare

28

Cork City

18

Cork North

28

Cork West

43

D.M.R. East

11

D.M.R. North Central

5

D.M.R. North

10

D.M.R. South Central

7

D.M.R. South

6

D.M.R. West

9

Donegal

45

Galway West

39

Kerry

37

Laois/Offaly

30

Limerick

33

Longford/Westmeath

28

Louth/Meath

37

Mayo

41

Roscommon/Galway East

37

Sligo/Leitrim

28

Tipperary

46

Waterford/Kilkenny

37

Wexford

34

Total

703

Road Safety.

Róisín Shortall

Ceist:

295 Ms Shortall asked the Minister for Justice, Equality and Law Reform the number of fixed speed cameras operating at any one time; his views on whether this number is adequate in view of the continuing level of accidents and road deaths; his plans for the provision of additional speed cameras to reduce the level of road deaths; and if he will make a statement on the matter. [15562/05]

The Garda authorities inform me that currently there are three fixed speed cameras rotated between the 20 fixed camera installation posts. I am also informed by the Garda that there is a range of mobile speed detection equipment, including six Gatso vans, a mobile unit with on board cameras, radar and computer system, in operation throughout the State. There are also currently in use by the Garda Síochána a number of laser speed detection equipment, including hand-held speed detection devices and car and motorcycle systems.

The Government's road safety strategy 2004-06 proposes that 1.1 million vehicle speeding checks be carried out per year by the end of the strategy. To achieve this target, the strategy proposes that the Garda Síochána will enter into arrangements for the engagement of a private sector concern for the provision and operation of a nationwide programme for the detection of speeding offences. The strategy makes clear that the overall performance criteria to be applied to the outsourced detection of speeding offences would be determined by the Garda Síochána and camera detection facilities would be used at locations where the Garda Síochána determine there is an established or prospective risk of collisions. The purpose of the initiative would be to increase road safety and thereby reduce death and injuries, not increase revenue. Outsourcing of the operation of camera equipment would enable the Gardaí to withdraw from non-core policing matters and free up Garda resources for enforcement purposes, thus allowing gardaí to concentrate on detections requiring direct interception, such as driving while intoxicated.

A working group on speed cameras chaired by my Department, and consisting of representatives of the Garda Síochána, the Department of Transport and the National Roads Authority, examined how the provision, operation and processing of the output of speed cameras might operate. Among the issues considered by the working group were the benefits and financial aspects of outsourcing and the management of any outsourcing project. The working group has submitted its report to my colleague the Minister for Transport and me and we are currently examining it with a view to bringing proposals to Government.

Garda Security Escorts.

Joe Sherlock

Ceist:

296 Mr. Sherlock asked the Minister for Justice, Equality and Law Reform the criteria that are used in determining the consignments of cash in transit by security firms which merit a military escort; the process by which such a decision is reached; the number of such escorts that are provided each year; and if he will make a statement on the matter. [12346/05]

I am informed by the Garda authorities that the criteria for determining the level of security provided for cash in transit vehicles is made having taken all material facts into consideration, such as the amount of money being carried, the planned routes and any other relevant information. These factors, together with an analysis of available information and intelligence, assist in categorising the level of armed protection to be afforded in such cases.

For operational reasons, it is not the practice of the Garda Síochána to provide details of the number of Garda-Army escorts carried out in the State.

Question No. 297 answered with QuestionNo. 13.

Child Care Services.

Gerard Murphy

Ceist:

298 Mr. G. Murphy asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the fact that the recent capital grant allocations for the provision of child care facilities to community groups are up to €400,000 less than the amount required to build the facilities. [16193/05]

Among the key criteria for the award of capital grant assistance under the Equal Opportunities Childcare Programme 2000-2006 is a requirement that the proposed project represents value for money. ADM Limited, which manages the day to day operation of the programme on my behalf, engaged consultants to review the design and cost of new child care services and prepared guidelines with regard to typical costs for a range of different service types. These guidelines have been updated and the amounts of funding now being awarded to groups are based on these guidelines, although cognisance is taken of special circumstances, such as a difficult site, where appropriate.

It is appropriate to maximise the benefits which can be derived from this large programme through the prudent allocation of funding. It is always open to groups to appeal the amount of their allocation if there are particular circumstances which they may have overlooked in their initial application.

The EOCP is the central pillar in the Government's child care strategy and is intended to increase the availability and quality of child care supports for parents in employment, education or training. The programme is funded by the Exchequer and the European Union structural funds as part of the regional operational programmes of the national development plan.

The programme makes capital grant assistance available to community based-not for profit organisations to build, renovate or equip a childcare service, if their proposal meets with the objectives of the EOCP programme. In areas of significant disadvantage, multi-annual staffing grants may be available to community based groups providing child care which meets the needs of disadvantaged parents, to enable them to avail of work, education or training opportunities.

Considerable progress has already been achieved in terms of increasing the number of child care facilities and places available, as well as increasing the number of people employed directly in child care facilities and the programme is now ahead of and will exceed the targets.

Total funding committed under the EOCP to date amounts to over €357 million, of which over €302 million has been allocated to child care facilities and almost €55 million to quality improvement measures. It is projected that this will create some 36,000 new child care places and will support over 30,200 existing places. By the end of 2004, over 24,600 of these new child care places were already in place. A significant part of the remaining funding will be required for continuing support to existing projects and for the provision of capital grant assistance for the development of child care facilities in areas where there are gaps in service provision.

The principles of the programme state, inter alia, that child care is the provision of day-care facilities and services for preschool children and for school-going children out of school hours. To receive grant support, an application must show that the proposed service will facilitate parents to avail of employment, educational or training opportunities; be sustainable; be of high quality; have sound management, a good child care programme and training; represent value for money; and not displace existing facilities.

Area Development Management Limited, which administers the grant assistance applications on behalf of my Department, carries out a technical assessment of each project to ensure that the project meets with the EOCP criteria. This assessment includes a detailed study of costings, including cost per child care place being provided compared with other facilities funded under the EOCP, reports supplied by external building specialists and likely value for money of the proposal.

When the assessment is completed, ADM makes a recommendation regarding the allocation of funding to the programme appraisal committee, chaired by my Department, which makes a recommendation for funding to me. Where a positive recommendation is made, the amounts recommended are considered appropriate for the facility under consideration.

Deportation Orders.

Sean Fleming

Ceist:

299 Mr. Fleming asked the Minister for Justice, Equality and Law Reform if a deportation order against a person (details supplied) will be lifted in order that the Romanian authorities may lift a travel ban on same. [16237/05]

The person in question arrived in the State on 9 August 1999 and applied for asylum. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.

Subsequently, in accordance with the Immigration Act 1999, as amended, she was informed by letter dated 31 December 2002, that it was proposed to make a deportation order in her case. She was given the options, to be exercised within 15 working days, of making representations to the Minister setting out reasons why she should be allowed remain temporarily in the State, leaving the State before the deportation order is made or consenting to the making of a deportation order.

On 21 January 2003 representations were received on her behalf. On 25 April 2003, through her legal representatives, she was again afforded the opportunity to return voluntarily to Romania to await the outcome of an application for a work permit on her behalf by a prospective employer. She was informed that as an exceptional measure the Department would allow her a further 15 working days before making a decision on her case.

Her case was examined under section 3 of the Immigration Act 1999, as amended and section 5 prohibition of refoulement, of the Refugee Act, as amended, including consideration of all representations received on her behalf. On 11 March, 2004 a deportation order was made in respect of her. The order was served on her by registered post on 20 October 2004 following which she was deported from the State on 17 November 2004.

It should be noted that a deportation order requires any non-national specified in the order to leave the State within such period as may be specified in the order and to remain thereafter out of the State. Deportation orders are not made lightly and are only made in circumstances where the person concerned has no permission to remain in the State and has failed to return home voluntarily before the making of the order. Nonetheless, on the basis of the particular circumstances of the case which have been brought to my attention I am giving the matter further consideration and I will communicate my decision to the relevant parties shortly.

Departmental Charges.

Jim O'Keeffe

Ceist:

300 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform, further to the publication of the Travers report, if his Department has carried out a review of the legal basis for all charges and fees levied by his Department and agencies under the aegis of his Department; the outcome of any such review; if any charges have been identified which do not have an adequate legal basis; and if he will make a statement on the matter. [16245/05]

A review along the lines described by the Deputy is under way in my Department. This work is ongoing but to date no charges have been identified for which there is not an adequate legal basis.

Child Care Services.

Olivia Mitchell

Ceist:

301 Ms O. Mitchell asked the Minister for Justice, Equality and Law Reform when he will make a decision on staffing grant assistance for a centre (details supplied) in County Cork. [16252/05]

The Equal Opportunities Childcare Programme 2000-2006 is a seven year development programme and provides grant assistance towards the staffing costs of community based-not for profit child care services which have a clear focus on disadvantage and which can demonstrate that they are supporting disadvantaged parents to access employment, education or training.

The group in question has been approved staffing grant assistance to date totaling €490,000 and this covers the period to the end of August 2005. The Deputy may also be aware that I am now extending to the end of December 2007 the terms of the existing staffing grants to groups that continue to deliver a child care service in accordance with their pre-agreed targets. To benefit from such funding, the groups must continue to pay particular attention to the support of disadvantaged families and the implementation of a fee structure tailored to the differing economic circumstances of the client group and which ensures that childcare places subsidised by the EOCP are targeted towards those most in need.

Prisoner Transportation.

Jim O'Keeffe

Ceist:

302 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform if a report was completed on the possible privatisation of the prison escort service; and if he will provide details of the findings of such report. [16266/05]

In 1999, the Director General of the Irish Prison Service appointed a review group for the purpose of reviewing the prisoner transportation system in operation at that time in light of the need for efficiency and cost effectiveness and to make recommendations. Membership of the group consisted of representatives of the Prison Service, the Courts Service and the Garda Síochána.

The group visited Britain and examined the contracted out systems of prisoner escorts services in operation there, meeting with representatives of the service providers and the relevant government officials. Home Office monitors consulted by the group were very positive in their overall assessment of the service providers performance in their particular area and formed the opinion that prisoner escorts services were well researched and equipped, tightly controlled by management, rigidly regulated by the supervisory authority and well received by staff in the criminal justice system and offenders.

The principal findings of the report were that the escorting of prisoners, while requiring the services of trained personnel, does not require the professional and wide-ranging skills of trained prison officers and gardaí, the disruptive and unpredictable nature of the task is not conducive to forward planning and there is some duplication between the Garda Síochána and the Prison Service in the provision of prisoner escort services.

The group identified significant scope for rationalisation and improved cost effectiveness in the provision of this service. While offering two options, the provision of an in-house dedicated prisoner escort service and a contracted out escorts service, the group recommended the contracting out of prisoner escorts, including manning of courts.

The group made this decision in the light of the similarity of current prisoner transportation practices in this jurisdiction with the arrangements which prevailed in Britain prior to the introduction of contracted out services there and the attendant increased cost effectiveness and efficiencies realised therein. It formed the opinion that the establishment of a dedicated in-house prisoner escort service would entail significant organisational structural changes with attendant start-up costs.

Prison Closures.

Jim O'Keeffe

Ceist:

303 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the savings arising from the closure of the Fort Mitchel prison on Spike Island; if they were balanced or outweighed by the additional expense arising elsewhere as a consequence of the closure, giving an analysis in each case. [16267/05]

The closure of Fort Mitchel Place of Detention will yield significant savings by facilitating the transfer of prison staff to other prisons where better economies of scale can apply and where transferred staff can offset and reduce ongoing overtime costs. In addition, savings will arise from non-payment of the allowance which is paid to staff for working on the island, non-operation of the daily ferry to the island and elimination of the above average general costs associated with operating an island facility.

Garda Strength.

Eamon Gilmore

Ceist:

304 Mr. Gilmore asked the Minister for Justice, Equality and Law Reform the number of gardaí assigned to Shankill Garda station for each of the years 2000-04 and to date in 2005; and if he will make a statement on the matter. [16268/05]

I have been informed by the Garda authorities, who are responsible for the detailed allocation of resources, including personnel, that the personnel strength of Shankill Garda station as of December 31, 2000, 2001, 2002, 2003, 2004 and as of May 13, 2005 was as set out in the table:

Date

Number

31/12/00

53

31/12/01

48

31/12/02

53

31/12/03

55

31/12/04

61

13/05/05

63

I am further informed that local Garda management are satisfied that the resources allocated to Shankill Garda station are sufficient to effectively and efficiently police the Shankill sub-district.

On Garda resources generally, I am pleased that the Government has approved my proposal to increase the strength of the Garda Síochána to 14,000 members on a phased basis, in line with the agreed programme for Government commitment. This is a key commitment in the programme for Government and its implementation will significantly strengthen the operational capacity of the force.

The Commissioner is now drawing up plans on how best to distribute and manage these additional resources. In this context, the needs of Shankill Garda station will be fully considered within the context of the needs of Garda stations 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 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 and they will have a real impact.

Departmental Bodies.

Jan O'Sullivan

Ceist:

305 Ms O’Sullivan asked the Minister for Justice, Equality and Law Reform the number of working groups which have been set up by his Department since 2000; the name and expenditure of each working group; and if he will make a statement on the matter. [16269/05]

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

Working Group Name

Year Established

Expenditure

Central Presidency Planning Group

2003

Nil

Legal Advisory Group on Defamation

2002

€1,108.00

Expert Group on the Codification of Criminal Law

2003

€64,717.53

Coroners’ Rules Committee

2001

€44,011.71

Auctioneering Review Group

2004

€13,663.98

Justice and Equality Sector Performance Verification Group (JESPVG)

2003

€13,989.47*

Quality Assurance Group (QAG)

2001

€12,820.49*

Legal Costs Working Group

2004

Travel and subsistence expenses as well as research costs incurred. Overall figure not readily available.

Group to examine matters arising from the ‘Report raising concerns of the activity of the Garda Síochána Officers during 1998’ prepared by the Police Ombudsman for Northern Ireland for the Minister for foreign affairs.

2002

€267,147.41

High Level Group on Traveller Issues

2003

Nil

Equality Proofing Working Group

2000

€93,000.00

Steering Group for the National Anti-Racism Awareness Programme (Know Racism 2001-2003)

2001

€4,750,000.00

Steering Group to oversee the consultative process in the development of the National Action Plan Against Racism

2002

Nil

Steering Group for the National Action Plan Against Racism

2005

Budget of €1million per annum for the life of the plan 2005-2008.

Cross Departmental Group on Immigration

2001

Nil

Working Group on Unaccompanied Minors

2000

Nil

Interdepartmental Group to develop the effectiveness and accessibility of data in relation to work permit immigrants and asylum seekers.

2002

Nil

Interdepartmental Group on Asylum and Immigration Issues.

2003

Nil

Interim Advisory Board on Reception and Integration Agency

2001

€16,247.94

Equal Opportunities Childcare Programme Appraisal Committee

2000

Nil

Working Group on School age Childcare of National Co-ordinating Childcare Committee

2001

€5,079.00

Childminding Subgroup of National Co-ordinating Childcare Committee

2002

Nil

Advisory Subgroup (for children with special requirements and minority ethnic groups, including Travellers)

2001

€19,905.00

Certifying Bodies Subgroup of National Co-ordinating Childcare Committee

2000

Nil

IBEC/ICTU Childcare Working Group (established under Sustaining Progress being facilitated by the Childcare Directorate)

2003

Nil

Expert Consultation Team on Disability Legislation

2002

€11,911.00

Review Group to oversee plans for the implementation of the Garda Síochána Bill

2005

Nil

Working Group on the Review and Improvement of the Maternity Protection Legislation.

2000

€8,625.33

Working Group on the Review of the Parental Leave Act 1998

2001

€129,480.45

Garda Síochána Physical Competence Test Review Group

2000

Not readily quantifiable

Garda Síochána Bill Implementation Advisory Group (Hayes Group)

2005

Nil

Garda Síochána Bill Implementation Group (internal Departmental group)

2005

Nil

Prison Based Drug Treatment National Steering Group

2000

Travel and subsistence costs. Figure not readily available.

Eastern Region Subgroup of the National Steering Group on Prison-based Drug Treatment Services

2002

Travel and subsistence costs. Figure not readily available.

Committee on Special Observations Cells and Close Supervision Cells

2004

Nil

The Irish Prison Service Steering Group on Prevention of Self-harm and Death in the Prisoner Population

2005

Travel and subsistence costs. Figure not readily available.

Speed Cameras Group

2003

Nil

Crime Statistics Group

2003

€2,000.00 approx.

High Level Group on Collection of Fines

2001

€2,000.00 approx.

*Mileage costs are not readily available in the time allowed.

Where a ‘Nil' expenditure has been indicated above, some minor routine expenditure may have been incurred by the Department, for example, for light refreshments at meetings, the details of which are not readily available. The above figures also include expenditure in respect of projects initiated by a working group where appropriate, for example the steering group for the national anti-racism awareness programme.

Departmental Properties.

Billy Timmins

Ceist:

306 Mr. Timmins asked the Minister for Justice, Equality and Law Reform if he will provide a list of all the assets worth more than €100,000 that his Department has sold since 1997; the total value of all these assets; the purposes for which the proceeds from the sale of same were used; and if he will make a statement on the matter. [16308/05]

Enda Kenny

Ceist:

308 Mr. Kenny asked the Minister for Justice, Equality and Law Reform if he will supply an inventory of all assets, specifically land and buildings, disposed of by his Department in each of the past ten years; if transactions were in accordance with proper procedures in the case in which such apply; the date of each sale; the location and asset disposed of in each case; the disposal price agreed; and the purchaser involved. [16410/05]

I propose to take Questions Nos. 306 and 308 together.

In the normal course of events, the disposal of land or buildings used by my Department is the responsibility of the Office of Public Works. However, the Prison Service has disposed of several properties in recent years, the details of which are set out below. In 1996 the old Garda station in Kells, County Meath, which was vested in the Minister for Justice, was conveyed to the Department of Defence.

My Department has not disposed of any other assets which exceeded €100,000 in individual value during the period in question.

Property

Disposal Price

Year

Purchaser

Everton House, 47 Old Cabra Road, Phibsboro, Dublin 7

714,694.00

2003

Women’s Aid

Castleview House, Clooneen, Manorhamilton, County Leitrim

180,114.70

2004

Private individual

Shanganagh Castle, Shankill, Co. Wicklow (part of the property i.e. 21 acres approx.)

9,000,000.00

2003

Dún Laoghaire/Rathdown County Council

All three transactions were conducted by approved property agents on behalf of the Minister for Justice. The agents in all three cases were appointed to handle the transactions following a tender process. Each transaction was approved by the Department of Finance.

Everton House was sold following a tender procedure. Women's Aid was not the highest bidding party. However a decision was taken at the time that it would be appropriate to sell the property to the Women's Aid organisation. The property in Manorhamilton was sold to the highest bidder following a tender procedure. The property in Shanganagh Castle was sold to Dún Laoghaire-Rathdown County Council following negotiations between the council and the Prison Service. The proceeds from the Everton House and Manorhamilton transactions were transferred to the prisons Vote from the Chief State Solicitor and will be transferred to Central Exchequer at the end of 2005. While contracts have been signed for the sale of part of the grounds of Shanganagh Castle, the sale has not yet been fully completed. As of 17 May 2005, 50% of the proceeds, €4.5 million, has been received from the council and these proceeds are held by the Chief State Solicitor's office. The remaining 50% is scheduled to be lodged by the council with the Chief State Solicitor on 30 May 2005.

Crime Levels.

Jim O'Keeffe

Ceist:

307 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the crime statistics for Clonakilty Garda district in west Cork for the years 2000 to 2004; and if he will give consideration to establishing a further Garda presence in the area, in particular a full-time Garda station in both Skibbereen and Dunmanway. [16325/05]

It has not been possible to compile the information requested in the timeframe allowed. I will arrange for the information to be forwarded directly to the Deputy at the earliest opportunity.

Question No. 308 answered with QuestionNo. 306.

Children Act 2001.

David Stanton

Ceist:

309 Mr. Stanton asked the Minister for Justice, Equality and Law Reform with reference to the Children Act 2001, the community sanctions which have been implemented to date; when they were implemented; the community sanctions which have not been implemented; when these sanctions will be implemented; and if he will make a statement on the matter. [16481/05]

The Children Act 2001 is complex and comprehensive legislation and, for those reasons, provisions under the Act are implemented on a phased basis, as was envisaged at the time of enactment. Responsibility for implementing the Act lies with the Departments of Justice, Equality and Law Reform, Education and Science, mainly in respect of juvenile offending, and Health and Children in respect of children who are non-offending but out of control. The National Children's Office is co-ordinating the cross-departmental aspects of its implementation.

It was envisaged at the time of enactment that the provisions of the Act would be implemented on a phased basis. The community sanction provisions are largely a matter for the probation and welfare service to implement. Provision is being made by the probation and welfare service to allow for the commencement on a phased basis of the remaining sections of the Act relevant to it.

Regarding community sanctions, Part 9, sections 115 to 139, inclusive, young offenders coming before the courts may be placed under the supervision of the probation and welfare service in accordance with section 2 of the Probation of Offenders Act 1907 or section 3 of the Criminal Justice (Community Service) Act 1983 for those aged 16 years or over. Since May 2002, a restriction on movement order, sections 133 to 136, may be imposed. In addition, since July 2004, courts can order that a family conference be arranged by the probation and welfare service with all interested parties in a case so that an action plan can be drawn up in the individual case. The child concerned must have acknowledged his or her culpability and the action plan must come back to court for approval. If the child complies with the elements of the action plan, the court may, at the end of the period covered by the plan, dismiss the charge or charges.

Regarding parental supervision orders, Part 9, sections 111 and 112, it is envisaged that parental supervision orders will be commenced on a pilot basis later this year. In addition to sourcing relevant programmes, for example drug abuse intervention, budgeting, etc, probation and welfare service staff have attended training which will enable them to deliver a parent training programme for parents of young offenders under supervision.

Regarding mentor family support orders, Part 9, sections 131 and 132, a pilot mentor project is due to commence shortly in the north Dublin area. The programme will serve as a model for the development of the mentor family support order. Recruitment of staff for this new and innovative project has taken place with the employment of a co-ordinator and administrator. It will recruit volunteers who will act as mentors to young people who have been before the courts and are under the supervision of the probation and welfare service.

Other provisions under the Act require capital investment prior to commencement for buildings, equipment and expanding programmes. Work is already under way regarding some of these provisions. Under the day centre order, Part 9, sections 118 to 123, inclusive, a new probation office is due to open in Cork shortly. It will have provision for meeting the requirements of the day centre order. The development of a similar provision for the Tallaght area has been incorporated into plans for the new Tallaght probation and welfare service office, expected to be completed in 2006.

In Dublin, a project funded by my Department through the probation and welfare service, is located in Finglas. It will, subject to capital investment, be suitable as a day centre and will provide assessments for courts. Under the probation (training or activities programme) order, Part 9, section 124, the probation and welfare service has identified programmes already being funded through the service that meet its requirements under this sanction. In addition, the service is also working toward the development of additional facilities suitable for use in this community sanction.

Regarding the probation (intensive supervision) order, Part 9, section 125, preliminary meetings have taken place to explore the feasibility of establishing two pilot intensive supervision programmes in Cork and Dublin, utilising existing intensive probation supervision projects. Preparatory work is ongoing in this regard.

It is envisaged that probation (residential supervision) orders under Part 9, sections 126 and 127 will commence later this year. A document has been prepared outlining standards for probation and welfare service funded hostels. In preparation for meeting these standards, staff of hostels will require training and development. Work is under way to identify suitable training which will meet these needs and training will be organised for staff over the coming months. In addition Cork probation hostel is being extended and refurbished to meet the required standards and is expected to re-open shortly.

Suitable person (care and supervision) orders under Part 9, sections 129 and 130 will require the same rigorous recruitment, screening and training elements as outlined in the standards on practices and procedures in foster care. Suitable persons will have to be recruited and trained. Work on implementation of this order is expected to commence early next year. The dual orders, Part 9, sections 137 to 139, inclusive, will be developed, on a phased basis, as day centres become available.

Asylum Support Services.

David Stanton

Ceist:

310 Mr. Stanton asked the Minister for Justice, Equality and Law Reform if he has examined whether the system of direct provision and the placing of asylum seekers in accommodation centres is in contravention of the Equal Status Act 2000, Article 40.1 of the Constitution or the European Convention on Human Rights; and if he will make a statement on the matter. [16482/05]

The system of direct provision of accommodation and other services to asylum seekers was introduced with the approval of the Government by my predecessor who had full regard to the provisions of the equality legislation, the Constitution and the European Convention on Human Rights. I see no reason to disagree with the decision of my predecessor on this matter.

David Stanton

Ceist:

311 Mr. Stanton asked the Minister for Justice, Equality and Law Reform when the rate of direct provision allocated to asylum seekers was last increased; his plans to increase the amount of direct provision; if the current amount is sufficient; his plans to allow asylum seekers to engage in paid work to supplement this income; and if he will make a statement on the matter. [16483/05]

The direct provision system seeks to ensure that the accommodation and ancillary services provided by the State meet the requirements of asylum seekers during the period in which their requests for asylum are being processed. In addition, a direct provision allowance of €19.10 per adult and €9.60 per child was introduced several years ago and is paid by community welfare officers, operating under the aegis of the Department of Social and Family Affairs, who also have the discretion to make once-off exceptional needs payments in special situations. The direct provision allowance seeks to reflect the value of the above-mentioned services to the asylum seeker and I have no plans to alter the amount.

As indicated in replies to Questions Nos. 308 of 9 November 2004, 429 of 30 November 2004 and 779 of 26 January 2005, it is not proposed to allow asylum seekers to take up paid employment pending a final decision being made on their applications.

Proposed Legislation.

John Curran

Ceist:

312 Mr. Curran asked the Minister for Justice, Equality and Law Reform if he will examine the merits of introducing a gun amnesty accompanied by more severe penalties including possible mandatory sentencing for the possession and discharging of illegally held firearms. [16484/05]

On Committee Stage of the Criminal Justice Bill 2004, I propose to introduce measures to provide that firearms and other offensive weapons may be surrendered to the Garda. I will also be proposing a range of measures to increase sentences for more serious range of firearms offences, including the introduction of mandatory minimum sentences in some cases. My full range of proposals will be announced to the House in the normal way in due course.

Visa Applications.

Eamon Gilmore

Ceist:

313 Mr. Gilmore asked the Minister for Justice, Equality and Law Reform the reason for the delay in regularising the immigration status of a person (details supplied) in County Dublin; when a decision will be made; and if he will make a statement on the matter. [16486/05]

The non-EEA national in question has been residing in Ireland for the last 25 years but has only recently sought to regularise her immigration status in the State. Certain documentary evidence has been requested from her legal representative in support of her application for residency. On receipt of the required evidence, I expect that the matter will be finalised quickly.

Crime Levels.

Bernard J. Durkan

Ceist:

314 Mr. Durkan asked the Minister for Justice, Equality and Law Reform if he proposes to take any particular action to address the rapidly escalating problem of gun crime; and if he will make a statement on the matter. [16487/05]

I refer the Deputy to my replies of today's date to Parliamentary Questions Nos. 5 and 6.

Bernard J. Durkan

Ceist:

315 Mr. Durkan asked the Minister for Justice, Equality and Law Reform the number of fatal shootings that have taken place in the past five years; his plans to address the issue; and if he will make a statement on the matter. [16488/05]

It has not been possible to compile the information requested in the timeframe allowed. I will arrange for the information to be forwarded directly to the Deputy at the earliest opportunity.

Proposed Legislation.

Bernard J. Durkan

Ceist:

316 Mr. Durkan asked the Minister for Justice, Equality and Law Reform his proposals to confront those in the criminal underworld who specialise in the supply of firearms for unlawful purposes; and if he will make a statement on the matter. [16489/05]

On Committee Stage of the Criminal Justice Bill 2004, I propose to introduce measures to provide that firearms and other offensive weapons may be surrendered to the Garda. I will also be proposing a range of measures to increase sentences for more serious range of firearms offences, including the introduction of mandatory minimum sentences in some cases. My full range of proposals will be announced to the House in the normal way in due course.

I am informed by the Garda authorities that the national bureau of criminal investigation has successfully targeted and prosecuted several gangs involved in this type of criminality and that a number of firearms have been recovered or seized. I also refer the Deputy to my answer to Question No. 6 today.

Bernard J. Durkan

Ceist:

317 Mr. Durkan asked the Minister for Justice, Equality and Law Reform the action he proposes to take to deal with the situation of the sale, supply and use of illegal firearms in the State; and if he will make a statement on the matter. [16490/05]

There is a particular overriding necessity to ensure that public safety and security are given priority in any review of policy and legislation for firearms. I have decided to introduce at an early stage, certain proposals for inclusion in the Criminal Justice Bill. The Bill, as published, contains one of those proposals, to provide for the secure custody of firearms. Other provisions will be introduced through amendments on Committee Stage. These will deal with better controls on the type of firearms which may be certified. They will further specify certain additional requirements which will have to be met by applicants for certificates and allow for the imposition of conditions on the granting of a certificate. They will include a provision allowing the deeming by order of firearms which may not be certified.

Sentences for the more serious range of firearms offences will be increased, including the possibility of mandatory minimum sentences in some cases, as well as new offences of illegally modifying a firearm, for example, sawing off a shotgun barrel, and the imposition of severe penalties for this offence. I also refer the Deputy to my reply to today's Questions Nos. 5 and 6.

Crime Levels.

Bernard J. Durkan

Ceist:

318 Mr. Durkan asked the Minister for Justice, Equality and Law Reform the number of incidents reported in the past five years which allegedly have been the work of organised criminals; and if he will make a statement on the matter. [16491/05]

I am informed by the Garda authorities that the procedures in place to record criminal incidents are such that the information sought by the Deputy is not readily available. I am further informed that the research and retrieval and verification of data required to furnish the information in question would place an inordinate demand on Garda resources.

Private Security Industry.

Bernard J. Durkan

Ceist:

319 Mr. Durkan asked the Minister for Justice, Equality and Law Reform if organised criminals have infiltrated the security industry; and if he will make a statement on the matter. [16492/05]

I am concerned that there is some evidence of unacceptable elements entering the private security industry. That is one reason why I have introduced legislation to regulate the industry.

The Private Security Services Act 2004 was signed into law on 4 May 2004. This Act allows for, inter alia, the establishment of a private security authority to control and supervise persons providing security services and maintain and improve standards in the provision by them of those services. The functions of the authority include the granting and renewal of licences, the issuing of identity cards to licensees, the suspension or revocation of licences, the specification of standards in the provision of security services, the specification of qualifications and training requirements and monitoring of the services and service providers in the industry. The authority has been established in Tipperary town and it intends to commence licensing the industry later this year. The Garda Síochána continually monitors developments in the security industry to ensure, in so far as is possible, that breaches of the criminal law are detected.

Crime Levels.

Bernard J. Durkan

Ceist:

320 Mr. Durkan asked the Minister for Justice, Equality and Law Reform the amount of money, excluding the Belfast bank robbery, taken in various robberies in this jurisdiction in the past six months; the amount of such moneys recovered; and if he will make a statement on the matter. [16493/05]

It has not been possible to compile the information requested in the timeframe allowed. I will arrange for the information to be forwarded directly to the Deputy at the earliest opportunity.

Bernard J. Durkan

Ceist:

321 Mr. Durkan asked the Minister for Justice, Equality and Law Reform his views on the increased incidents of hostage-taking in the course and preparation of robberies; and if he will make a statement on the matter. [16494/05]

I refer the Deputy to my replies of today's date to Questions Nos. 5 and 6.

Proceeds of Crime.

Bernard J. Durkan

Ceist:

322 Mr. Durkan asked the Minister for Justice, Equality and Law Reform if any audit has been done of the total amount of property allegedly in the hands of criminal bosses; the amount of such property confiscated to date; and if he will make a statement on the matter. [16495/05]

I am informed by the Garda authorities that a formal audit of the amount of property allegedly in the hands of criminal bosses has not been carried out to date given the inherent difficulties involved, not least because of the extent of potential overlaps between various criminal activities. Data available from the Criminal Assets Bureau may be indicative. Since its inception in 1996, the bureau has been granted restraint orders valued at approximately, €52 million in total and a further €77 million, approximately, has been the subject of tax demands.

Crime Levels.

Bernard J. Durkan

Ceist:

323 Mr. Durkan asked the Minister for Justice, Equality and Law Reform the number of robberies in the past six months in which hostages have been taken to assist in a robbery; and if he will make a statement on the matter. [16496/05]

It has not been possible to compile the information requested in the timeframe allowed. I will arrange for the information to be forwarded directly to the Deputy at the earliest opportunity.

Bernard J. Durkan

Ceist:

324 Mr. Durkan asked the Minister for Justice, Equality and Law Reform the number of armed robberies reported in County Kildare in the past five years; if the perpetrators have been convicted; and if he will make a statement on the matter. [16497/05]

It has not been possible to compile the information requested in the timeframe allowed. I will arrange for the information to be forwarded directly to the Deputy at the earliest opportunity.

Garda Strength.

Bernard J. Durkan

Ceist:

325 Mr. Durkan asked the Minister for Justice, Equality and Law Reform if he will increase the number of gardaí available for duty at the various Garda stations throughout County Kildare; and if he will make a statement on the matter. [16498/05]

Bernard J. Durkan

Ceist:

326 Mr. Durkan asked the Minister for Justice, Equality and Law Reform when he will be in a position to increase Garda strength in County Kildare in line with demographic trends; and if he will make a statement on the matter. [16499/05]

I propose to take Questions Nos. 325 and 326 together.

I am informed by the Garda authorities responsible for the detailed allocation of Garda resources, including personnel, that the total personnel strength of Garda stations in County Kildare as of 13 May 2005 was 240, all ranks. Local Garda management is satisfied that the resources allocated to each Garda station in County Kildare are adequate to meet the present policing needs of the county.

I am pleased the Government has approved my proposal to increase the strength of the Garda Síochána to 14,000 members on a phased basis, in line with the key commitment in programme for Government commitment. Its implementation will significantly strengthen the operational capacity of the force. The Garda Commissioner will draw up plans on how best to distribute and manage these additional resources. The needs of County Kildare will be fully considered within the context of the needs of all counties.

The additional resources will be targeted at the areas of greatest need, as is envisaged in the programme for Government which identifies, in particular, areas with significant drugs problems and large numbers of public order offences. It will be possible to address other priorities, such as the need to significantly increase the number of gardaí allocated to traffic duties in the new Garda traffic corps. Additional gardaí will not be put on administrative duties but directly into frontline, operational, high-visibility policing which will have a real impact.

Crime Levels.

Bernard J. Durkan

Ceist:

327 Mr. Durkan asked the Minister for Justice, Equality and Law Reform the number of incidents of anti-social behaviour or street violence, reported through the various Garda stations in County Kildare in each of the past five years; and if he will make a statement on the matter. [16500/05]

It has not been possible to compile the information requested in the timeframe allowed. I will arrange for the information to be forwarded directly to the Deputy at the earliest possible opportunity.

Deportation Orders.

Bernard J. Durkan

Ceist:

328 Mr. Durkan asked the Minister for Justice, Equality and Law Reform if he has had any reports of violence against persons deported from this country on return to their homeland by way of deportation; and if he will make a statement on the matter. [16501/05]

I refer the Deputy to the reply I gave to Question No. 206 on Thursday, 28 April 2005. I am not aware of any reports of the type mentioned by the Deputy. All cases where a decision to deport is recommended by my officials are considered, inter alia, under the provisions of section 5 of the Refugee Act 1996, prohibition of refoulement, before such a decision is made. I am satisfied that the procedures operated ensure that, as far as possible, persons are not returned in dangerous circumstances.

Prison Accommodation.

Bernard J. Durkan

Ceist:

329 Mr. Durkan asked the Minister for Justice, Equality and Law Reform the number of prison spaces currently available and occupied; and if he will make a statement on the matter. [16502/05]

The number in custody on 13 May 2005 was 3,226 as against a maximum bed capacity of 3,370. A further 188 prisoners were on temporary release on that date.

On the date in question, 96% of the total bed capacity was in use. It must be noted, however, that accommodating prisoners is not simply a matter of matching the global prisoner population to a global figure for beds or cells. A number of factors have to be taken into account including the prisoner's age, gender, the nature of the offence, location, security and whether they are on remand or sentenced. Therefore, the fact that there is spare bed capacity does not imply the existence of almost 150 available spaces. Some 40% of the available spaces were in Portlaoise Prison which mainly houses subversive and other high security prisoners and is not suitable for the general prisoner population. Approximately 30% were in Cloverhill Prison, which is a remand prison and 20% in St. Patrick's Institution which is exclusively for male offenders aged 16 to 21.

The fact is that most institutions are operating at close to or over their operating capacity. In my view, it is clear that there is a need for new prison spaces for a number of reasons including the need to eliminate overcrowding in a number of our committal prisons, in particular, Mountjoy Prison, the Dóchas Centre, Cork Prison and Castlerea Prison. It is also my wish to replace outdated prison accommodation with new facilities which will eliminate the practice of "slopping out" and also reduce the "doubling up" which is prevalent throughout the system. To this end, plans are in train regarding the two major prison developments, one in the greater Dublin area and the other on Spike Island, County Cork. It is intended that these new facilities will offer significant improvements in the areas of work, training, educational and medical services for inmates as well as providing predominantly single cell accommodation with in-cell sanitation facilities.

Juvenile Offenders.

Bernard J. Durkan

Ceist:

330 Mr. Durkan asked the Minister for Justice, Equality and Law Reform the action he proposes to take to combat juvenile crime; if he intends to discuss this issue with the Ministers for Health and Children and for Education and Science; and if he will make a statement on the matter. [16503/05]

The Children Act 2001 is a fundamental revision of the law governing the treatment of children in conflict with the law and non-offending children in need of special care and protection. The principal considerations behind the Act are prevention, through early intervention, is desirable; diversion, where a child has committed an offence, is the preferred option where society would not be adversely affected; community sanctions should be available where it is necessary to bring a child before the courts; and although appropriate in certain cases, detention for children should be a measure of last resort.

The Children Act 2001 is a complex and comprehensive piece of legislation and for those reasons, provisions under the Act are being implemented on a phased basis, as was envisaged at the time of enactment. Responsibility for implementing the Act lies with three Departments: Justice, Equality and Law Reform and Education and Science, mainly in respect of juvenile offending, and Health and Children in respect of children who are non-offending but out of control. The National Children's Office is co-ordinating the cross-departmental aspects of implementation of the Act.

As stated, it was envisaged at the time of enactment that the provisions of this Act would be implemented on a phased basis. In line with this, where my Department is concerned, provision is being made by the probation and welfare service to allow for the commencement, on a phased basis, of the remaining sections of the Act relevant to the probation and welfare service. The present position in this regard is as follows. In regard to community sanctions, Part 9, sections 115 to 139, young offenders coming before the courts may be placed under the supervision of the probation and welfare service in accordance with section 2 of the Probation of Offenders Act 1907 (Probation Orders) or section 3 of the Criminal Justice (Community Service) Act 1983 in the case of those aged 16 years or over.

In addition, since July 2004, courts can order that a family conference be arranged by the probation and welfare service with all interested parties in a case so that an action plan can be drawn up in the individual case. The child concerned must have acknowledged his or her culpability and the action plan must come back to court for approval. If the child complies with the elements of the action plan, the court may, at the end of the period covered by the plan, dismiss the charge or charges.

In regard to parental supervision orders, Part 9, sections 111 to 112, it is envisaged that parental supervision orders will be commenced on a pilot basis later this year. In addition to sourcing relevant programmes, for example, drug and abuse intervention and budgeting, probation and welfare service staff have attended training which will enable them to deliver a parent training programme for parents of young offenders under supervision.

Regarding the mentor (family support) order, sections 131 to 132, a pilot mentor project is due to commence very shortly in the north Dublin area. The programme will serve as a model for the development of the mentor (family support) order. Recruitment of staff for this new and innovative project has taken place with the employment of a co-ordinator and administrator. The programme will recruit volunteers who will act as mentors to young people who have been before the courts and are under the supervision of the probation and welfare service.

Other provisions under the Act require capital investment prior to commencement for buildings, equipment and expanding programmes. Work is already under way regarding some of these provisions. Under the day centre order, Part 9, sections 118 to 123, a new probation office which is due to open in Cork very shortly will have provision for meeting the requirements of the day centre order. The development of a similar provision for the Tallaght area has been incorporated into plans for the new Tallaght probation and welfare service office which is expected to be completed in 2006. In Dublin, a project funded by my Department through the probation and welfare service, which is located in Finglas, will, subject to capital investment, be suitable as a day centre and will provide assessments for courts.

Regarding the probation (training or activities programme) order, Part 9, section 124, the probation and welfare service has identified programmes already being funded through the service that meet the service requirements under this sanction. In addition, the service is also working toward the development of additional facilities suitable for use in this community sanction.

As regards the probation (intensive supervision) order, Part 9, section 125, preliminary meetings have taken place to explore the feasibility of establishing two pilot intensive supervision programmes in Cork and Dublin, utilising existing intensive probation supervision projects. Preparatory work is ongoing in this regard.

Regarding the probation (residential supervision) order, Part 9, sections 126 to 127, it is envisaged that this section will commence later this year. A document has been prepared outlining standards for probation and welfare service funded hostels. In preparation for meeting these standards, staff of hostels will require training and development. Work is under way to identify suitable training which will meet these needs and training will be organised for staff over the coming months. In addition, Cork probation hostel is being extended and refurbished to meet the required standards and this hostel is expected to reopen very shortly.

A suitable person (care and supervision) order, Part 9, sections 129 to 130, will require the same rigorous recruitment, screening and training elements as outlined in the standards on practices and procedures in foster care. Suitable persons will have to be recruited and trained. Work on implementation of this order is expected to commence early next year. The dual order sanction, sections 137 to 139, will be developed, on a phased basis, as day centres become available.

In the context of the implementation of the Children Act, there is room for some fresh thinking about the institutional framework by which services in the youth justice area are delivered. To this end I have set up a project team in my Department to examine the scope for rationalising and restructuring the delivery of the State's services in accordance with the Act in the area of youth justice, with a focus on the institutional and strategic environment.

The project team has consulted with the statutory bodies with responsibilities for the delivery of services to young people, whether they are offenders or at risk, and continues to engage closely with the Departments of Education and Science and Health and Children, in particular. The team has also met a wide range of non-governmental service providers and other experts in the area. I expect the team to report to me before the summer.

It is important to emphasise that the Government's approach continues to support the philosophy underlying the Children Act 2001, namely, that prevention through early intervention is desirable, that detention should be a last resort and that diversion and community sanctions should be available and used wherever appropriate. As regards the youth justice route, Part 4 of the Children Act providing for a diversion programme to replace the Garda juvenile liaison scheme was brought into operation in May 2002. The objective of the programme, which is administered by the Garda Síochána, is to divert any child who accepts responsibility for his or her criminal behaviour from committing further offences. It is implemented throughout the country by specially trained gardaí working as juvenile liaison officers. The programme introduced the concepts of restorative justice and family conferencing.

Garda youth diversion projects are crime prevention initiatives which adopt a multi-agency partnership approach to tackling crime and anti-social behaviour at community level. The role of the Garda youth diversion projects is to bring about the conditions whereby the behavioural patterns of young people towards law and order can develop and mature through positive interventions and interaction with the project.

Garda youth diversion projects seek to divert young persons from becoming involved, or further involved, in anti-social and-or criminal behaviour by providing suitable activities to facilitate personal development, promote civic responsibility and improve long-term employability prospects. By doing so, the projects also contribute to improving the quality of life within communities and enhancing Garda-community relations. The number of projects has grown from 12 in 1997 to 64 at present, a process made possible in part by funding under the National Development Plan 2000-2006. The locations of new projects are decided upon by the Garda authorities in conjunction with my Department.

I am committed to the continuing development and, as resources permit, the expansion of Garda youth diversion projects. Proposals made by the Garda Síochána to my Department on establishing further projects are examined within the context of available resources. All applications relating to the establishment of further projects should follow the establishment process as set out in the Garda youth diversion projects guidelines which I launched in 2003. The 11 establishment guidelines give a clear structure to the application process from the initial expression of interest to the final submission of the proposal and cover issues such as the pre-establishment phase, consultation, memorandum of understanding, legal structure, co-ordinator's job description and catchment area.

A budget of €5.471 million has been provided for the Garda youth diversion projects and local drugs task force projects in 2005. It is expected that this amount will be required to meet the funding needs of the projects in operation. It is not envisaged that additional youth diversion projects will be established in the short term.

Liquor Licensing Laws.

Bernard J. Durkan

Ceist:

331 Mr. Durkan asked the Minister for Justice, Equality and Law Reform his proposals for the operation and licensing of café bars; and if he will make a statement on the matter. [16504/05]

I have recently published proposals for an intoxicating liquor Bill which will streamline and modernise our liquor licensing laws. This will involve repealing the Licensing Acts 1833 to 2004 and replacing them with updated provisions more suited to modern conditions.

The proposed Bill provides for the creation of a café bar licence which was a key recommendation in the final report of the commission on liquor licensing. In this report, the commission came to the conclusion that the historically restrictive nature of the licensing laws had resulted in the development of "super-pubs" which, while generally well managed and catering for an important segment of the market, tended to create noise and nuisance for local residents and made compliance with, and enforcement of the licensing laws more difficult for licensees and gardaí alike. It also considered that large numbers of people emerging from such premises at closing time increased the risk of public disorder.

The commission considered that café bars "which would be required as a condition of the licence to provide food as well as alcoholic and non-alcoholic beverages" could provide an atmosphere and ambience that encouraged moderate social consumption of alcohol rather than the excessive consumption and binge drinking that had become more common in recent years. The proposals for the café bar licence provide that it would be subject to the following conditions: it would apply to premises of less than 130 sq.m.; it would not be available to premises engaged in take-away sales of food; hot meals and non-alcoholic beverages must be provided for consumption on the premises during opening hours; sale of intoxicating liquor for consumption off the premises would not be permitted; and exemption orders for extended opening hours would not be permitted.

To ensure responsiveness to local circumstances and enhance local government, it is envisaged that any local authority could, by adopting a resolution, determine that café bar licences would not be granted in the whole or a specified part of its administrative area. As part of a consultative process, I have invited organisations with an interest in this area and private individuals to submit their views or suggestions on all, or specific parts, of the proposed Bill by 31 May 2005.

Residency Permits.

Paul Nicholas Gogarty

Ceist:

332 Mr. Gogarty asked the Minister for Justice, Equality and Law Reform the position regarding the case of a person (details supplied) in Dublin 22. [16529/05]

An application for permission to remain in the State based on marriage to an Irish national was received from the person concerned in April 2005. Applications of this type, in fairness to all other such applicants, are dealt with in chronological order and take approximately 16 months to process. The application in question was acknowledged on 3 May 2005. Marriage to an Irish national does not grant any automatic right to enter or reside in the State solely on that basis. The person in question does not therefore have permission to remain in the State at present.

School Staffing.

John McGuinness

Ceist:

333 Mr. McGuinness asked the Minister for Education and Science if the number of teachers at a school (details supplied) in County Kilkenny will be retained at current levels; and if she will make a statement on the matter. [15915/05]

The staffing of a primary school is determined by reference to the enrolment of the school on 30 September of the previous school year and by reference to a staffing schedule. This schedule is outlined in primary circular 15/05 which issued to all primary schools recently. This is in line with guidelines agreed between my Department and the education partners.

In the current school year the staffing of the school referred to by the Deputy comprises of a principal and seven mainstream class teaching posts. This is based on an enrolment of 187 pupils at 30 September 2003. The school also has a resource post and the services of a learning teaching post. The mainstream staffing of the school for the 2005-06 school year will consist of a principal and six mainstream class teaching posts. This is based on an enrolment of 175 pupils at 30 September 2004.

My Department has now completed its review of the general allocation system of resource teaching support. I can confirm that 660 additional special needs teaching posts will be put in place in primary schools from next September to facilitate the implementation of the new general allocation system. The introduction of this new system will involve the provision of an estimated additional 340 permanent posts in primary schools from September next. A further 320 posts are being provided on a temporary basis to facilitate the transition to the new system. My Department is now devising school clusters in respect of allocations to be made under the general allocation system. These will be notified to schools shortly along with the details of each school's individual allocation. This communication will clarify the position regarding the resource and learning support allocation available to each school. My Department is also finalising a circular for schools which will contain detailed information on how the new system will operate. It is intended that this circular will issue before the end of the current school year.

To ensure openness and transparency in the system an independent appeals board is now in place to decide on mainstream staffing appeals. The criteria under which an appeal can be made are set out in Department primary circular 19/02 which is also available on my Department's website. The appeals board will meet in June to consider appeals on the mainstream teaching allocation to schools for the 2005-06 school year. The closing date for appeals is 3 June. 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. I am sure the Deputy will appreciate that it would not be appropriate for me to intervene in the operation of the independent appeals board.

School Transport.

John McGuinness

Ceist:

334 Mr. McGuinness asked the Minister for Education and Science if she will arrange for free bus travel to school for persons (details supplied) in County Kilkenny; and if a decision will be expedited. [15916/05]

A report on this case has been requested from the relevant transport liaison officer. The Deputy will be advised of the position when the report has been received and assessed.

Psychological Service.

Finian McGrath

Ceist:

335 Mr. F. McGrath asked the Minister for Education and Science if she will report on the way in which psychologists are now working in the education sector; and when the target of 200 will be met. [15939/05]

The NEPS service involves consultation with teachers and parents about the needs of individual children, direct contact with individual children, support and development work according to the needs of each school and support for relevant specialist teachers such as guidance counsellors and learning support teachers.

In those schools that do not yet have access to the full NEPS service, my Department also funds NEPS to operate the scheme for commissioning psychological assessments, SCPA. This is an interim measure, designed to ensure that urgent assessment needs are met. All schools, regardless of whether they have access to the full NEPS service, may expect to receive help from NEPS in the event of critical incidents. Also with regard to all schools, NEPS processes applications for reasonable accommodations in certificate examinations and responds to queries in relation to individual children from other sections of my Department and from the specialist agencies.

The complement of psychologists in NEPS has increased from 43 psychologists on the date of establishment to 128 in May 2005, plus two psychologists on career break and one on assignment to another section of the Department. On behalf of my Department, the Public Appointments Service has recently initiated a new recruitment competition for NEPS. Any increase in the overall numbers of psychologists in NEPS will depend on the availability of resources and must also take account of Government policy on public sector numbers.

Finian McGrath

Ceist:

336 Mr. F. McGrath asked the Minister for Education and Science the reason the NEPS is still not a statutory agency; and if she will make a statement on the matter. [15940/05]

The establishment of the National Educational Psychological Service, NEPS, on an administrative basis preceded the enactment of the Education for Persons with Special Educational Needs Act 2004 and the putting in place of the new National Council for Special Education. I consider that it is prudent to allow these developments to settle before making any final decisions on the long term structure of NEPS.

School Staffing.

Finian McGrath

Ceist:

337 Mr. F. McGrath asked the Minister for Education and Science the way in which she proposes to find the 660 new teachers to address the special needs crisis in primary schools; and the way in which this plan will be delivered in September 2005. [15941/05]

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. The mainstream staffing schedule for 2005-06 has now issued to all primary schools and redeployment panels will be available with effect from 27 May 2005. Boards of management with a permanent vacancy for the 2005-06 school year are obliged to offer the post in the first instance to teachers on the panel. When the panel is clear, a permanent vacancy may be advertised in the normal way. Details regarding the appointment of teachers are contained in the booklet, Appointment of Principals, Permanent and Temporary Teachers, published in April 2002, which is available on my Department's website, www.education.ie.

Boards of management must make every effort, including advertising in a national newspaper, to obtain the services of a qualified teacher for appointment to a temporary or permanent post.

The introduction of the new general allocation system of resource teaching support will involve the provision of an estimated additional 340 permanent posts in primary schools from September next. A further 320 posts are being provided on a temporary basis to facilitate the transition to the new system. My Department is now devising school clusters in respect of allocations to be made under the GA system. These will be notified to schools shortly along with the details of each school's individual allocation. This communication will clarify the position regarding the resource and learning support allocation available to all primary schools. My Department is also finalising a circular for schools which will contain detailed information on how the new system will operate. It is intended that this circular will issue before the end of the current school year.

Schools Building Projects.

Liz McManus

Ceist:

338 Ms McManus asked the Minister for Education and Science when a school (details supplied) in County Wicklow will be provided with an extension to include a physical education hall; the reason this school is being phased out of the SSRI strand and is not included in the school completion programme; and if she will make a statement on the matter. [15942/05]

As part of a review of all projects for the 2005 capital programme, the application for capital funding from the school referred to by the Deputy 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.

The new policy framework that I will publish shortly will put in place a new integrated programme of supports that will bring together and build upon existing policy interventions and initiatives for schools and school communities with concentrated levels of disadvantage. It will be introduced on a phased basis, starting in the next school year.

Apart from the additional investment under the new policy framework, resources and supports will continue on the existing basis for the next school year for schools involved in current schemes and programmes for addressing educational disadvantage, including the 53 schools involved in the stay in the school retention strand of the school completion programme.

Departmental Charges.

Olwyn Enright

Ceist:

339 Ms Enright asked the Minister for Education and Science further to the publication of the Travers report, if she has carried out a review of the legal basis for all charges and fees levied by her Department and agencies under the aegis of her Department; the outcome of such review; if any charges have been identified which do not have an adequate legal basis; and if she will make a statement on the matter. [15959/05]

A review of the legal basis for all charges and fees levied by my Department is being carried out within my Department.

Special Educational Needs.

Seán Haughey

Ceist:

340 Mr. Haughey asked the Minister for Education and Science if she has received an application from a school (details supplied) in Dublin 9 for sanction for remedial help for a person who has a specific learning difficulty; when this service will be provided; and if she will make a statement on the matter. [16012/05]

The Deputy has indicated that the pupil in question has a specific learning disability. This disability falls into the high incidence disability category. With regard to teaching supports for pupils within the high incidence categories, my Department has now completed its review of the general allocation, GA, system of resource teaching support. The new model replaces that which was notified to schools in June 2004, which has been reviewed to take account of difficulties that it may have caused for smaller schools.

I can confirm that 660 additional special needs teaching posts will be put in place in primary schools from next September to facilitate the implementation of the new GA system. The introduction of this new system will involve the provision of an estimated additional 340 permanent posts in primary schools from September next. A further 320 posts are being provided on a temporary basis to facilitate the transition to the new system. It is a matter for schools to make arrangements to provide teaching support to those pupils who qualify for such support from its GA allocation.

My Department is now devising school clusters in respect of allocations to be made under the GA system. These will be notified to schools shortly along with the details of each school's individual allocation. This communication will clarify the position regarding the resource and learning support allocation available to the school referred to by the Deputy. My Department is also finalising a circular for schools which will contain detailed information on how the new system will operate. It is intended that this circular will issue before the end of the current school year.

Joe Costello

Ceist:

341 Mr. Costello asked the Minister for Education and Science her views on the contents of correspondence (details supplied); and if she will make a statement on the matter. [16013/05]

As the Deputy will be aware, my Department has now completed its review of the general allocation system of resource teaching support. The new model replaces that which was notified to schools in June 2004, which has been reviewed to take account of difficulties that it may have caused for smaller schools.

I can confirm that 660 additional special needs teaching posts will be put in place in primary schools from next September to facilitate the implementation of the new general allocation system. The introduction of this new system will involve the provision of an estimated additional 340 permanent posts in primary schools from September next. A further 320 posts are being provided on a temporary basis to facilitate the transition to the new system.

With regard to the correspondence referred to by the Deputy, my Department is now devising school clusters in respect of allocations to be made under the general allocation system. These will be notified to schools shortly along with the details of each school's individual allocation. This communication will clarify the position regarding the resource and learning support allocation available to each school. My Department is also finalising a circular for schools which will contain detailed information on how the new system will operate. It is intended that this circular will issue before the end of the current school year.

James Breen

Ceist:

342 Mr. J. Breen asked the Minister for Education and Science the reason a person (details supplied) in County Clare has been informed that there is no course or facility available to help them; and if she will make a statement on the matter. [16039/05]

I can confirm that an application for four hours' resource teaching support for the pupil in question was considered by my Department. Resource teaching support was not granted as the pupil did not meet the criteria for such support. This decision was conveyed to the school on 4 February 2005.

The Deputy may be aware that the National Council for Special Education, NCSE, which became operational on 1 January 2005, now processes applications for special educational needs, SEN, supports. The NCSE will review decisions previously taken in relation to such cases on foot of a request from the school or parents-guardians when accompanied by relevant additional information which may not have been to hand at the time of the decision. The NCSE has outlined this process in its circular 01/05 which issued to all primary schools.

My officials have been in contact with the local special educational needs organiser, SENO, who has confirmed that additional information in support of the application has been received. The SENO is examining the matter and will be in direct contact with the school authorities shortly.

Third Level Colleges.

Seymour Crawford

Ceist:

343 Mr. Crawford asked the Minister for Education and Science the number of students from each of the six Border counties who have attended third level colleges in Northern Ireland in each of the past ten years; and if she will make a statement on the matter. [16040/05]

The information requested by the Deputy is not available in my Department.

Special Educational Needs.

Finian McGrath

Ceist:

344 Mr. F. McGrath asked the Minister for Education and Science if a school (details supplied) in Dublin 9 will be given the maximum support and financial assistance in 2005; and if she will make a statement on the matter. [16041/05]

The school in question is a special school for the visually impaired. The school has an enrolment of 26 and has the services of seven teachers, including the principal. The pupil teacher ratio for pupils with visual impairment is 8:1. In addition, the school has the support of five special needs assistants. Other resources include enhanced capitation grants and as with all other schools it is open to the school to apply for grants towards any assistive technology needs that the pupils may have. My Department is liaising with the school management in the context of the need for development works on the school site.

The Deputy will be aware that with effect from 1 January 2005, the National Council for Special Education, NCSE, has taken over responsibility for processing resource applications for children with disabilities who have special educational needs. Under the new arrangements, the council, through the local special educational needs organiser, SENO, will process the relevant application for resources at primary and post-primary level and inform the school of the outcome. My officials have been in contact with the NCSE and have been advised that there are no outstanding applications on hand from the school. I am confident that the advent of the NCSE will prove of major benefit in ensuring that all children with special educational needs receive the support they require when and where they require it.

John McGuinness

Ceist:

345 Mr. McGuinness asked the Minister for Education and Science the outcome of a meeting between her officials and the SENO relative to the case of a person (details supplied) in County Kilkenny; if the supports outlined in the person’s assessment report will now be granted; and if she will make a statement on the matter. [16054/05]

I can confirm that my officials made contact with the National Council for Special Education which advised that no application for special education needs supports had been received by the local special education needs organiser, SENO, in respect of the pupil in question.

The Deputy indicated in previous correspondence that the pupil has a specific learning disability. This disability falls into the high incidence disability category. My Department's officials have since confirmed with the school authorities that the pupil's needs are being catered for from within the school's current special education needs provision.

With regard to teaching supports for pupils within the high incidence categories, my Department has now completed its review of the general allocation system of resource teaching support. The new model replaces that which was notified to schools in June 2004, which has been reviewed to take account of difficulties that it may have caused for smaller schools.

I can confirm that 660 additional special needs teaching posts will be put in place in primary schools from next September to facilitate the implementation of the new general allocation system. The introduction of this new system will involve the provision of an estimated additional 340 permanent posts in primary schools from September next. A further 320 posts are being provided on a temporary basis to facilitate the transition to the new system. It is a matter for schools to make arrangements to provide teaching support to those pupils who qualify for such support from its general allocation.

My Department is now devising school clusters in respect of allocations to be made under the general allocation system. These will be notified to schools shortly along with the details of each school's individual allocation. This communication will clarify the position regarding the resource and learning support allocation available to the school in which the pupil in question is enrolled. My Department is also finalising a circular for schools which will contain detailed information on how the new system will operate. It is intended that this circular will issue before the end of the current school year.

Schools Refurbishment.

Joan Burton

Ceist:

346 Ms Burton asked the Minister for Education and Science the progress which has been made in setting a date for the commencement of actual refurbishment work to a school (details supplied) in Dublin 20. [16055/05]

I have included the building project for the school in question in my recently announced list of school projects to be progressed through architectural planning in 2005. My Department has been in contact with the school recently to progress the design process and is now awaiting a revised stage 1/2/3 submission — detailed plans-costs — from the school authorities. A decision on which school building projects will advance to tender and construction as part of the 2006 schools building and modernisation programme will be taken later in the year.

Departmental Expenditure.

Michael Ring

Ceist:

347 Mr. Ring asked the Minister for Education and Science the number of overpayments her Department has had in the past five years; the number which have been recovered; if in any case there has been an overpayment that could not be collected; and if so, the reason therefor. [16087/05]

The level of resources that would need to be diverted to compile the information sought by the Deputy for the period in question would not be justified having regard to the number of financial transactions executed by my Department across payroll and other areas. It is a matter of firm policy in my Department to seek recovery in all cases of overpayment and, while mindful of the right of privacy of an individual, I would be prepared to have my officials furnish the details of any case that the Deputy might have in mind.

Schools Building Projects.

Michael Lowry

Ceist:

348 Mr. Lowry asked the Minister for Education and Science if her attention has been drawn to the situation at a school (details attached) in County Tipperary; the steps she intends to take in order that no further financial resources are wasted on this matter; if the necessary and value for money resources will be allocated to rectify the situation; and if she will make a statement on the matter. [16108/05]

Correspondence has been received from the school authority referred to by the Deputy. The matter is being considered in the school planning section of my Department and a response will issue to the school authority shortly.

Post-Leaving Certificate Courses.

Arthur Morgan

Ceist:

349 Mr. Morgan asked the Minister for Education and Science if she will implement the findings of the McIver report which her Department commissioned on the PLC sector. [16155/05]

The recommendations of the McIver report on the PLC sector are wide ranging and encompass proposals that have implications for the shaping of structures for the delivery of further and adult education into the future. Having regard to the number and scope of the recommendations in the report, consultations have been held with management and staff interests with regard to issues such as the prioritisation of recommendations and associated costs. Further discussions between officials in my Department and the relevant stakeholders will be necessary.

Arthur Morgan

Ceist:

350 Mr. Morgan asked the Minister for Education and Science if she will consider increasing significantly the number of teaching staff for Drogheda Institute of Further Education (details supplied). [16156/05]

Teacher allocations and capitation grants are allocated on the basis of the approved number of places. However, enrolments on PLC courses in certain schools and colleges have exceeded the number of places approved by my Department.

A total of 676 post-leaving certificate places were approved in County Louth VEC for the 2004-05 academic year. My Department is currently considering applications from VECs, schools and colleges for approval of PLC places for the 2005-06 academic year. A decision in the matter, taken in light of the totality of demands for PLC places and teaching resources across the sector, will be notified to VECs and schools shortly.

Schools Building Projects.

Jimmy Deenihan

Ceist:

351 Mr. Deenihan asked the Minister for Education and Science the position regarding the provision of a new school at Blennerville, County Kerry; and if she will make a statement on the matter. [16159/05]

The property management section of the Office of Public Works, which acts on behalf of my Department in site acquisitions generally, has identified a suitable site for Blennerville national school. The OPW is now progressing the acquisition of the site in question. The question of the provision of the new school building will be considered further in the context of the multi-annual school building programme when the site has been acquired.

Special Educational Needs.

Paul Kehoe

Ceist:

352 Mr. Kehoe asked the Minister for Education and Science if assistance is available to children diagnosed with dyspraxia for funding for a computer that would assist them with development; and if she will make a statement on the matter. [16214/05]

The Deputy may 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, including applications for computer equipment. Indeed, specific funding is available from my Department for equipment for children with special needs. 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.

Schools can apply through the local SENO for this support. Supporting relevant documentation to be submitted with the application includes psychological assessment, occupational therapy or physiotherapy reports, as necessary. These reports should be made available to the SENO when considering the application.

Richard Bruton

Ceist:

353 Mr. Bruton asked the Minister for Education and Science if she will report on correspondence from persons (details supplied); the action she intends to take in respect of this matter to ensure the continuation of this educational facility for children with learning difficulties; and if she will make a statement on the matter. [16234/05]

My officials recently met the management authorities of the school in question. My Department has since written to the board of management outlining proposals to support the school in continuing with the pre-school facility. I understand that these proposals are currently being considered by the board and a response is awaited.

Arthur Morgan

Ceist:

354 Mr. Morgan asked the Minister for Education and Science if an additional teacher will be allocated to a school (details supplied) in County Louth; if her attention has been drawn to the fact that there are now 16 children awaiting places at this school; and if she will take measures to alleviate the chronic suffering of these children and their parents. [16235/05]

My Department has received correspondence from the school relating to the matters referred to by Deputy. The Deputy may 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. My Department has furnished a copy of the school's correspondence to the special education needs organiser, SENO, assigned to the school. The SENO will make direct contact with the school authorities regarding the matter shortly.

Disadvantaged Status.

Kathleen Lynch

Ceist:

355 Ms Lynch asked the Minister for Education and Science if she will consider designating full disadvantage classification to schools (details supplied); if her attention has been drawn to the fact that all other schools in the immediate catchment area have this classification; that all cater for an identical population with similar needs and that the social conditions prevailing in the catchment area require a range of additional supports for children and families; and if she will make a statement on the matter. [16239/05]

All the schools referred to by the Deputy are included in the disadvantaged areas scheme, DAS, and the Giving Children an Even Break, GCEB, programme. Under the disadvantaged areas scheme all the schools benefit from additional capitation grants of €38.09per capita, a refund of the television licence fee and eligibility for 95% building grants for building projects. Designated disadvantaged schools are included in the home school community liaison scheme and each school has access to the services of a home school community liaison co-ordinator.

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

All of the schools referred to by the Deputy are included in the urban dimension of Giving Children an Even Break. The schools are benefiting from supplementary funding to provide additional educational supports for the children concerned. Four of the seven schools are considered eligible for additional teaching staff, based on the level of concentration of "at risk" pupils within the schools. All schools retained their entitlements under the disadvantaged areas scheme in addition to resources allocated under Giving Children an Even Break

Residential Institutions Redress Scheme.

Enda Kenny

Ceist:

356 Mr. Kenny asked the Minister for Education and Science if a residential institution (details supplied) will be brought under the remit of the Residential Institutions Redress Board; and if she will make a statement on the matter. [16250/05]

Section 4 of the Residential Institutions Redress Act 2002 provides that in order for an institution to be placed on the Schedule of the Residential Institutions Redress Act 2002, the facility must have been subject to inspection or regulation by a public body. A total of 128 institutions are listed on the original Schedule to the Act and, in November 2004, I signed an order for a further 13 institutions to be added to the Schedule.

Officials of my Department sought the advice of the Department of Health and Children about the institution referred to by the Deputy in order that records held at that Department and its agencies could be examined. My Department has received a response from the Department of Health and Children stating that no files have been located that indicate that a public body had any regulatory or inspection function in the case of that institution. As a consequence, it is not possible to place this facility on the Schedule. Should further information be located that establishes that this institution is eligible for consideration, my Department will revisit the matter.

Enda Kenny

Ceist:

357 Mr. Kenny asked the Minister for Education and Science the list of institutions currently covered by the Residential Institutions Redress Board; the institutions which were formally operated by the Church of Ireland authorities; and if she will make a statement on the matter. [16251/05]

Section 4 of the Residential Institutions Redress Act 2002 provides that in order for an institution to be placed on the Schedule of the Residential Institutions Redress Act 2002, the facility must have been subject to inspection or regulation by a public body. A total of 128 institutions are listed on the original Schedule to the Act and, in November 2004, I signed an order for a further 13 institutions to be added to the Schedule. I have made arrangements for a list of the institutions concerned to be forwarded directly to the Deputy.

As the religious ethos of an institution was not part of the criteria prescribed under section 4 of the Act, my Department did not require full details of the religious ethos of all the institutions listed. However, from records held in my Department, there are five institutions listed as having had a Protestant ethos and I am arranging for relevant details to be also forwarded to the Deputy.

School Transport.

Jan O'Sullivan

Ceist:

358 Ms O’Sullivan asked the Minister for Education and Science if she has made a decision with regard to access to school transport to a college (details supplied) in County Limerick for persons who live in the Raheen and Mungret areas of Limerick; and if she will make a statement on the matter. [16271/05]

The provision of school transport for pupils residing in the Raheen and Mungret areas of Limerick to the school referred to in the details supplied is being considered under the terms of the post-primary school transport scheme and in the context of the outcome of the centralised application system for enrolments for pupils in Limerick city.

Schools Building Projects.

Eamon Gilmore

Ceist:

359 Mr. Gilmore asked the Minister for Education and Science her plans to provide a second level school in Shankhill, County Dublin; and if she will make a statement on the matter. [16272/05]

I have no plans at present to develop a new post-primary school in the Shankill area. The school planning section of my Department is satisfied that there is sufficient capacity in the second level schools within a reasonable distance of Shankill to cater for current and future demand in the area.

On a general note, my Department is included among the prescribed authorities to whom local authorities are statutorily obliged to send draft development plans or proposed variations to development plans for comment. As a matter of course, meetings are arranged with local authorities to establish the location, scale and pace of any major proposed developments and their possible implications for school provision. Any future school developments in Shankill or the Cherrywood area will be the subject of discussions with Dún Laoghaire-Rathdown County Council.

Consultancy Contracts.

Jan O'Sullivan

Ceist:

360 Ms O’Sullivan asked the Minister for Education and Science the number of expert and consultant reports her Department commissioned during the years 2003 and 2004; the cost of each report commissioned; and if she will make a statement on the matter. [16273/05]

Jan O'Sullivan

Ceist:

362 Ms O’Sullivan asked the Minister for Education and Science the number of advisory, consultative, delegated and other such bodies which have been established by her Department since 1998; the names of these bodies; the mechanisms that have been established to ensure democratic accountability in same; and if she will make a statement on the matter. [16275/05]

Jan O'Sullivan

Ceist:

363 Ms O’Sullivan asked the Minister for Education and Science the number of working groups which have been set up by her Department since 2000; the name and total expenditure of each working group; and if she will make a statement on the matter. [16276/05]

I propose to take Questions Nos. 360, 362 and 363 together.

The information the Deputy has sought in these questions is being compiled at present and will shortly be forwarded directly to her.

Departmental Staff.

Jan O'Sullivan

Ceist:

361 Ms O’Sullivan asked the Minister for Education and Science the number of public relations and media experts currently employed by her Department; the cost to the Exchequer; and if she will make a statement on the matter. [16274/05]

There are no external public relations or media experts employed by the Department. The press office in my Department is staffed by civil servants.

Questions Nos. 362 and 363 answered with Question No. 360.

Public Consultations.

Jan O'Sullivan

Ceist:

364 Ms O’Sullivan asked the Minister for Education and Science the number of public consultations undertaken by her Department on matters of public policy during 2004; the names of the groups consulted; and the outcome of the consultation process. [16277/05]

Details of public consultations undertaken by my Department in 2004 are as follows.

An OECD team of expert examiners visited Ireland in 2004. During 2003, in advance of this visit, submissions were requested from the public. A total of 88 submissions were received. The examiners took these submissions into account and the stakeholders they met during their visit included many of those who had made submissions. The outcome was the OECD Review of Irish Higher Education, published in September 2004. A list of all of those who made submissions is available if required.

The Your Education System, YES, process of open, public consultation on the future development of education in Ireland commenced in January 2004. The Educational Research Centre, ERC, will report on the process. Public participation in the process was through public meetings, the website for the process —www.youreducation.ie— or in writing directly to the secretariat in the ERC. Reports on all the meetings held as part of the process, a large number of comments e-mailed during the process and a number of longer submissions can be accessed on www.youreducation.ie.

As part of the development of the Traveller education strategy, the joint working group established for this purpose invited public submissions from interested groups or individuals in 2004. A total of 40 public submissions were received from a wide range of interests, including teacher representatives, Traveller organisations, trade unions, human rights organisations, service providers and individual members of the public. The three Traveller organisations, Pavee Point, Irish Travellers Movement and National Traveller Women's Forum, involved in the joint working group were funded to conduct six consultation seminars with Traveller parents and learners. These consultations took place in May and June 2004. The outcome of the public submissions process and the Traveller parents and learners consultation will contribute to the development of the Traveller education strategy.

In connection with section 11 of the Official Languages Act and the obligation to consult with the public in preparation for my Department's scheme of initiatives for improving the level of service to the public through Irish and/or bilingually, my Department invited submissions from the public. A total of 25 submissions were received. These submissions have informed my Department's scheme and may be accessed on my Department's website.

Departmental Properties.

Billy Timmins

Ceist:

365 Mr. Timmins asked the Minister for Education and Science if she will provide a list of all the assets worth more than €100,000 that her Department has sold since 1997; the total value of all these assets; the purposes for which the proceeds from the sale of same were used; and if she will make a statement on the matter. [16309/05]

The information sought by the Deputy is not readily available and the level of resources required to compile it for the period in question would not be justified. If the Deputy has a particular case in mind, I would be happy to have my officials obtain the relevant details and communicate them to him.

School Staffing.

Jim O'Keeffe

Ceist:

366 Mr. J. O’Keeffe asked the Minister for Education and Science when primary schools will receive notification of their entitlements to resource and learning support teachers under the weighted system in order that they can advertise positions and ensure they obtain qualified teaching staff for the beginning of the next academic year in September 2005. [16312/05]

The Deputy will be aware that my Department has completed its review of the general allocation system of resource teaching support for pupils within the high incidence disability category. The new model replaces that which was notified to schools in June 2004, which has been reviewed to take account of difficulties that it may have caused for smaller schools. A total of 660 additional special needs teaching posts will be put in place in primary schools from next September to facilitate the implementation of the new general allocation system. The introduction of this new system will involve the provision of an estimated additional 340 permanent posts in primary schools from September next. A further 320 posts are being provided on a temporary basis to facilitate the transition to the new system.

My Department is devising school clusters in respect of allocations to be made under the general allocation system. These will be notified to schools shortly with the details of each school's individual allocation. This communication will clarify the position regarding the resource and learning support allocation available to all primary schools. My Department is also finalising a circular for schools, which will contain detailed information on how the new system will operate. It is intended that this circular will issue before the end of the school year.

Juvenile Offenders.

Noel Grealish

Ceist:

367 Mr. Grealish asked the Minister for Education and Science the amounts spent by her Department in 2003 and 2004 and the amount projected to be spent in 2005 on the five special schools for young offenders; the amount spent on operations, on capital works and on teaching staff; if she has satisfied herself that the budget allocations to the schools are sufficient, particularly having regard to capital development; and if she will make a statement on the matter. [16313/05]

Noel Grealish

Ceist:

368 Mr. Grealish asked the Minister for Education and Science the state of progress of the capital redevelopment programme planned for the residential schools for young offenders at Lusk, County Dublin; the timeframe envisaged for the implementation of this programme; and if she will make a statement on the matter. [16314/05]

Noel Grealish

Ceist:

369 Mr. Grealish asked the Minister for Education and Science the number of admissions of children to the special schools for young offenders and the number of personnel employed in same for the years 2003, 2004 and to date; her views on whether the staffing rate is sufficient; and if she will make a statement on the matter. [16315/05]

I propose to take Questions Nos. 367 to 369, inclusive, together.

The position is that €31.5 million was spent on the five special schools for young offenders in 2003 and €30.2 million was spent in 2004. Of the €31.5 million spent in 2003, €25 million was spent on operations, €4.7 million was spent on capital and €1.8 million on teaching staff. Of the €30.2 million spent in 2004, €26.2 million was spent on operations, while €2 million each was spent on capital and teaching staff. The combined projected expenditure for 2005 is expected to be in the region of €33.4 million. A considerable amount of capital investment has been undertaken by my Department and further investment is required in the schools for young offenders to ensure that they meet obligations under the Children Act 2001 in addition to ensuring they meet modern child care standards in accordance with best practice internationally.

In consultation with the joint board of management of the schools, my Department is considering the overall development needs of the campus and a firm of consultant architects has been appointed to draw up proposals. The resulting campus masterplan will take account of the anticipated number of remand and committal places required, the provision for boys and girls, their educational and recreational needs, as well as the implications of shorter periods of detention envisaged under the Children Act 2001. The intention is that the masterplan will provide the basis for the phased development of the campus on a priority basis as resources permit. In addition, there is ongoing capital expenditure on urgent interim building works.

At end of December 2003, there were 86 children in the five special schools and a total of 546 staff employed. At the end of March 2004, there were 90 children in the schools and 535 staff employed. At the end of March 2005, there were 83 children in the special schools and 526 staff employed. My Department proposes to keep the level of staffing in the schools under regular review.

Special Educational Needs.

Seamus Healy

Ceist:

370 Mr. Healy asked the Minister for Education and Science when she intends to approve resources, including a teacher and two special needs assistants, for a school (details supplied) in County Tipperary to enable the school to provide an educational service for one of its special needs students; and if she will make a statement on the matter. [16374/05]

The Deputy may be aware that the National Council for Special Education, 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 and they will be a focal point of contact for schools and parents. My officials have been informed by the NCSE that the matter has been referred to the local SENO. The SENO will be in direct contact with the school shortly regarding the matter.

School Staffing.

Michael Lowry

Ceist:

371 Mr. Lowry asked the Minister for Education and Science, further to Parliamentary Question No. 440 of 10 May 2005, the staff adjustment at each primary school in County Tipperary as a result of the recently issued staffing schedule. [16377/05]

The application of the mainstream staffing schedule, which is based on enrolments, will result in a net loss of two mainstream teaching posts to schools in County Tipperary. The schools which are due to lose a teaching post have been contacted by my Department. However, the introduction of the general allocation system of teaching support for pupils with special education needs may also impact on the staffing of schools in the Tipperary area. My Department has completed its review of the general allocation system of resource teaching support. The new model replaces that which was notified to schools in June 2004, which has been reviewed to take account of difficulties that it may have caused for smaller schools.

A total of 660 additional special needs teaching posts will be put in place in primary schools from next September to facilitate the implementation of the new general allocation system. The introduction of this new system will involve the provision of an estimated additional 340 permanent posts in primary schools from September next. A further 320 posts are being provided on a temporary basis to facilitate the transition to the new system and to ensure continuity of service for children who have previously been given an individual allocation until those children leave the primary school system.

My Department is devising school clusters in respect of allocations to be made under the general allocation system. These will be notified to schools shortly along with the details of each school's individual allocation. This communication will clarify the position regarding the resource and learning support allocation available to each school. My Department is also finalising a circular for schools, which will contain detailed information on how the new system will operate. It is intended that this circular will issue before the end of the school year.

School Accommodation.

Billy Timmins

Ceist:

372 Mr. Timmins asked the Minister for Education and Science if she has received an application from a college (details supplied) in County Wicklow for funding for accommodation improvements; and if she will make a statement on the matter. [16397/05]

An application for additional permanent accommodation has been received from the school to which the Deputy refers and is being examined by the school planning section of my Department. Officials of this section will be in contact with the school authorities in due course. I am pleased that the school in question has accepted a grant for the provision of an extension to its woodwork room under the 2005 permanent initiative scheme.

Departmental Properties.

Enda Kenny

Ceist:

373 Mr. Kenny asked the Minister for Education and Science if she will supply an inventory of all assets, specifically land and buildings, disposed of by her Department in each of the past ten years; if transactions were in accordance with proper procedures in the case in which such apply; the date of each sale; the location and asset disposed of in each case; the disposal price agreed; and the purchaser involved. [16412/05]

The information sought by the Deputy is not readily available in my Department and the level of resources required to compile it for the period in question would not be justified. However, if the Deputy requires details on a particular case, I would be happy to have my officials provide the information concerned.

Aengus Ó Snodaigh

Ceist:

374 Aengus Ó Snodaigh asked the Minister for Education and Science the contacts her Department has had with the OPW regarding the legal status of the lands occupied by a school (details supplied) in Dublin 8; the outcome of those contacts; and if she will make a statement on the matter. [16526/05]

The school in question is located in temporary accommodation on a site owned by the Office of Public Works. My Department has requested that the school's position be regularised and this process is under way. When this is completed, the site will be transferred to my Department.

Schools Building Projects.

Aengus Ó Snodaigh

Ceist:

375 Aengus Ó Snodaigh asked the Minister for Education and Science the status of the application by a school (details supplied) in Dublin 8 for major capital funding for the building of a new school; and the reason it has not progressed to band 1. [16527/05]

The proposed building project at the school referred to by the Deputy has been assessed in accordance with the published prioritisation criteria and the project is being considered in the context of the schools building and modernisation programme. The project has been assigned a band 2 priority rating, as it does not meet the criteria to qualify for a band 1 rating. To merit a band 1 rating, a project must meet one of the following criteria: serving a rapidly developing area where either there is no existing school or where existing provision is unable to meet the demand for places; the provision of specialist accommodation urgently required for children with special needs such as autism, speech and language impairment, severe and profound intellectual impairment etc.; addressing the needs of schools with serious structural issues; and providing accommodation post-rationalisation.

Pension Provisions.

Enda Kenny

Ceist:

376 Mr. Kenny asked the Minister for Defence the reason a person in receipt of a Defence Forces pension loses the additional increment authorised under paragraph 9 of the Defence Forces (Pensions) (Amendment) (No. 3) Scheme 1978 when they reach the qualifying age for an old age pension; and if he will make a statement on the matter. [16016/05]

Enda Kenny

Ceist:

377 Mr. Kenny asked the Minister for Defence the reason a person (details supplied) will lose the additional increment authorised under paragraph 9 of the Defence Forces (Pensions) (Amendment) (No. 3) Scheme 1978 due to the fact that he has reached the qualifying age for an old age pension; and if he will make a statement on the matter. [16017/05]

I propose to take Questions Nos. 376 and 377 together.

Under the Defence Forces pension schemes, the minimum service required for an immediate pension in the case of NCOs and privates is 21 years. The pension for 21 years service consists of the following elements: (a) a basic flat rate pension which varies according to rank; (b) an addition in respect of military service allowance, MSA, in the case of qualified personnel discharged since August 1990; and (c) an addition in respect of technician pay and certain other additional payments that were held during service. All these elements of pension are payable for the lifetime of the pensioner.

Where service exceeds 21 years, the Defence Forces pension is increased by an additional increment for each such year of service up to a maximum of 31 years. This additional increment is payable at a flat rate for each year of service with a small increase if the individual qualifies for the addition at (c) above. A top-up of the MSA addition is also payable in the case of personnel with 31 or more years service. These extra payments cease to be payable when the pensioner reaches the qualifying age of 66 for an old age contributory pension or becomes entitled at an earlier age to a social welfare retirement pension.

These arrangements are in accordance with the principle of integration of occupational pensions with social insurance benefits in the case of employees such as NCOs and privates, who are fully insured under the Social Welfare Acts. This principle applies across the public service and, indeed, in many areas of the private sector. However, the method of applying the integration principle in the case of retired NCOs and privates is less severe than that applying in other areas of the public service.

The person referred to will reach 66 years of age on 17 November 2005 and the arrangements mentioned will apply to his Defence Forces pension from that date. The general issue of integration of occupational pensions in the public service was examined by the Commission on Public Service Pensions in its final report, published in January 2001. The commission accepted that integration is a fundamental component in the public service pensions framework and was strongly of the view that it should be continued. It did not make recommendations that would affect the current integration arrangements applicable to retired NCOs and privates.

Overseas Missions.

Billy Timmins

Ceist:

378 Mr. Timmins asked the Minister for Defence when the Irish involvement in the INFICYP Cyprus mission commenced and when it will cease; the number of Irish personnel who served in same; his plans to mark the end of Irish military involvement; the reason he has decided that Irish personnel will no longer contribute to this mission; and if he will make a statement on the matter. [16092/05]

Defence Forces personnel have been serving with the United Nations peacekeeping force in Cyprus, UNFICYP, since 1964. To date, military personnel have completed a total of 9,656 individual tours of duty with the mission. One officer of the Permanent Defence Force is serving with UNFICYP. He is due to complete his tour of duty with the mission on 31 May 2005. I am advised by the military authorities that there are no plans to mark the end of the Defence Forces involvement with this mission. The decision to withdraw Defence Forces personnel from UNFICYP was taken in July 2003 following a review of all Defence Forces commitments to overseas tasks, as provided for in the White Paper on Defence published in February 2000.

Departmental Charges.

Billy Timmins

Ceist:

379 Mr. Timmins asked the Minister for Defence, further to the publication of the Travers report, if his Department has carried out a review of the legal basis for all charges and fees levied by his Department and agencies under the aegis of his Department; the outcome of any such review; if any charges have been identified which do not have an adequate legal basis; and if he will make a statement on the matter. [16097/05]

A review of all charges and fees levied by my Department has been carried out and I am satisfied that there is an adequate legal basis for all such charges and fees.

Departmental Properties.

Billy Timmins

Ceist:

380 Mr. Timmins asked the Minister for Defence if he will provide a list of all the assets worth more than €100,000 that his Department has sold since 1997; the total value of all these assets; the purposes for which the proceeds from the sale of same were used; and if he will make a statement on the matter. [16310/05]

The Government, on 15 July 1998, approved a programme of evacuation and sale of six barracks considered surplus to military requirements. The barracks in question were located at Ballincollig, Fermoy, Castleblayney, Naas, Kildare and Clancy Barracks, Dublin.

The sale of 97 acres approximately at Murphy Barracks, Ballincollig, was completed in 2003 for a total of €42 million. The bulk of the lands were purchased by O'Flynn Construction. The sale of a site comprising circa 2.7 acres to the then Southern Heath Board for €1.73 million was completed in December last. It was agreed at the time that an area comprising approximately 27 acres at Murphy Barracks would be transferred to Cork County Council for community use and title to this area is being transferred to the council. Agreement has also been reached for the sale of a site, circa 1.7 acres, to the Department of Education and Science for approximately €1.1 million. A half acre site has been set aside on foot of a request from the Office of Public Works for a plot to facilitate extension of the existing Garda station located on Main Street, Ballincollig.

A total of 19.218 acres at the former Fitzgerald Camp, Fermoy, were sold to Cork County Council in 2001 for €973,889 for development in conjunction with the IDA. Castleblayney military post, County Monaghan, comprising circa ten acres, was sold to the North Eastern Health Board for €761,843 in 2002. Seven acres at Devoy Barracks, Naas, County Kildare, were ceded free of charge to Naas Urban District Council, while a further 14 acres were sold to that authority for €8,888,167. The balance of the barracks lands — one acre — was sold to Kildare County Council for €380,921 in 2002. Clancy Barracks, Dublin, comprising 13.65 acres approximately, was sold to Florence Properties Limited for €25.4 million in 2004.

With regard to the remaining barracks viz. Magee Barracks, Kildare, the Government decided in July 2003 that this property would be among the State lands released for inclusion in the Sustaining Progress affordable housing initiative. The modalities of the transfer of this property, as well as lands at Gormanston, County Meath, St. Bricin’s Hospital, Dublin, and Collins Barracks, Cork, to the relevant local authorities are under consideration in consultation with the Department of the Environment, Heritage and Local Government and the Chief State Solicitor’s office.

Details of additional military properties, each in excess of €100,000, which were surplus to requirements and which were disposed of since 1997 are as follows: 6.39 acres, known as Susan's Field, adjoining Collins Barracks, Cork, was sold to Cork City Council for €1.523 million in 2002; circa 3.4 acres at Sarsfield Barracks, Limerick, was disposed of to Limerick City Council for €1.162 million in 2002-03; a site comprising circa 0.931 acres, adjacent to my Department's RDF premises in Kanturk, County Cork, was disposed of to the then Southern Health Board for a consideration of €178,000 in 2003; approximately 1.559 acres at Waterford Barracks was sold to Waterford City Council for €662,000 in 2003; the sale by public tender of Belmont Huts, Cobh, County Cork, comprising circa 2.89 acres, to a Wexford-based partnership for €2.4 million, was completed during 2004; and Custume House, Athlone, was sold to the Organisation of National Ex-Servicemen and Women Teoranta for €254,000 in 2005. Total receipts in these transactions amounted to €86.3 million.

The Government decided in February 2000, in the context of the White Paper on Defence, that 100% of the proceeds from sales of surplus military properties would be reinvested in equipment and infrastructure for the Defence Forces.

Defence Forces Recruitment.

Denis Naughten

Ceist:

381 Mr. Naughten asked the Minister for Defence the discussions he has had with PDFORA regarding the extension of a private’s contract beyond 12 years; and if he will make a statement on the matter. [16316/05]

Denis Naughten

Ceist:

382 Mr. Naughten asked the Minister for Defence his plans to extend the contract for a private in the Defence Forces beyond the current 12 years; and if he will make a statement on the matter. [16317/05]

I propose to take Questions Nos. 381 and 382 together.

The unsatisfactory age and fitness profile of the Permanent Defence Force was commented upon by the Gleeson Commission in its report in 1990. The matter had also been of serious concern to the military authorities for a number of years. The age profile was also the subject of severe criticism by PricewaterhouseCoopers consultants, who had been engaged by the Efficiency Audit Group, EAG, to conduct an in-depth study of the Defence Forces. One of the key areas identified for urgent action by the EAG was the development of a manpower policy with an emphasis on lowering the age profile of Permanent Defence Force personnel. The EAG's report was accepted by Government in 1995.

In an effort to ameliorate the situation, the Government had decided, in 1993, to enlist personnel on a five-year contract basis with a reserve force commitment of seven years. The recruitment of personnel on five-year contracts was introduced following consultation with the Permanent Defence Force Other Ranks Representative Association, PDFORRA.

In 1997 agreement was reached with PDFORRA on a new manpower policy for the Defence Forces. This policy, applying to personnel enlisted after 1 January 1994, provided that service for private soldiers would initially be for five years with the option to be extended to a maximum of 12 years. An extension was subject to the individual soldier meeting certain criteria to include standards of medical and physical fitness and conduct. Longer periods of service were envisaged for junior and senior non-commissioned officers. The new policy represented the possibility of a substantial extension for personnel who would otherwise have had to leave after five years service while continuing to address the issues of age profile and fitness levels in the Defence Forces.

PDFORRA has submitted a claim under the conciliation and arbitration scheme for a further review of the terms of service applying to personnel enlisting in the Permanent Defence Force after 1 January 1994. As discussions on issues raised under the scheme are confidential to the parties concerned, the Deputy will appreciate that it would not be appropriate to comment further other than to emphasise that in dealing with this issue the manpower and operational needs of the Defence Forces must be the primary consideration.

Departmental Properties.

Enda Kenny

Ceist:

383 Mr. Kenny asked the Minister for Defence if he will supply an inventory of all assets, specifically land and buildings, disposed of by his Department in each of the past ten years; if transactions were in accordance with proper procedures in the case in which such apply; the date of each sale; the location and asset disposed of in each case; the disposal price agreed; and the purchaser involved. [16414/05]

The Government, on 15 July 1998, approved a programme of evacuation and sale of six barracks considered surplus to military requirements. The barracks in question were located at Ballincollig, Fermoy, Castleblayney, Naas, Kildare, and Clancy Barracks, Dublin. The sale of 97 acres approximately at Murphy Barracks, Ballincollig, was completed in 2003 for a total of €42 million. The bulk of the lands were purchased by O'Flynn Construction. The sale of a site comprising circa 2.7 acres to the then Southern Heath Board for €1.73 million was completed in December last. It was agreed at the time that an area comprising approximately 27 acres at Murphy Barracks would be transferred to Cork County Council for community use and title to this area is currently being transferred to the Council. Agreement has also been reached for the sale of a site circa 1.7 acres to the Department of Education and Science for approximately €1.1 million. A half acre site has been set aside on foot of a request from the Office of Public Works for a plot facilitate extension of the existing Garda station on Main Street, Ballincollig.

A total of 19.218 acres at the former Fitzgerald Camp, Fermoy, were sold to Cork County Council in 2001 for €973,889 for development in conjunction with IDA Ireland. Castleblayney military post, County Monaghan, comprising circa ten acres, was sold to the then North Eastern Health Board for €761,843 in 2002. A total of seven acres at Devoy Barracks, Naas, County Kildare, were ceded free of charge to Naas Urban District Council, while a further 14 acres were sold to that authority for €8,888,167. The balance of the barracks lands — one acre — was sold to Kildare County Council for €380,921 in 2002. Clancy Barracks, Dublin, comprising 13.65 acres approximately, was sold to Florence Properties Limited for €25.4 million in 2004.

With regard to the remaining barracks viz. Magee Barracks, Kildare, the Government decided in July 2003 that this property would be among the State lands released for inclusion in the Sustaining Progress affordable housing initiative. The modalities of the transfer of this property, as well as lands at Gormanston, County Meath, St. Bricin’s Hospital, Dublin and Collins Barracks, Cork, to the relevant local authorities are under consideration in consultation with the Department of the Environment, Heritage and Local Government and the Chief State Solicitor’s office.

Details of additional military property which was surplus to requirements and, which was disposed of since 1995 are as follows: 6.39 acres, known as Susan's Field, adjoining Collins Barracks, Cork, was sold to Cork City Council for €1.523 million in 2002; circa 3.4 acres at Sarsfield Barracks, Limerick, was disposed of to Limerick City Council for €1.162 million in 2002-03; a site comprising circa 0.931 acres, adjacent to my Department's RDF premises in Kanturk, County Cork, was disposed of to the then Southern Health Board for a consideration of €178,000 in 2003; approximately 1.559 acres at Waterford Barracks was sold to Waterford City Council for €662,000 in 2003; the sale by public tender of Belmont Huts, Cobh, County Cork, comprising circa 2.89 acres, to a Wexford-based partnership for €2.4 million, was completed during 2004; Spike Island, County Cork, was sold to the Department of Justice, Equality and Law Reform for €65,000 in 2004; Custume House, Athlone, was sold to the Organisation of National Ex-Servicemen and Women Teoranta for €254,000 in 2005.

Since 1 January 1995, a total of 111 married quarters, which were located outside of barracks, have been sold to the occupants or, in a small number of cases where the quarters were vacant, disposed of by means of tender competitions restricted to members of the Defence Forces, realising in excess of €3.9 million. In addition, from time to time, land at various locations has been dedicated to local authorities to allow for projects such as road widening or realignment schemes. All transactions were carried out in accordance with proper procedures.

Turbary Rights.

Denis Naughten

Ceist:

384 Mr. Naughten asked the Minister for the Environment, Heritage and Local Government if he has received sanction from the Minister for Finance to pay bog owners an acreage top-up payment on bog purchased prior to the recent agreement with the IFA; and if he will make a statement on the matter. [16246/05]

In July 2004 my Department concluded an agreement with the farming pillar under Sustaining Progress which involved increased rates of compensation for the cessation of turf cutting in bogs that have been proposed as designated conservation areas. This agreement incorporates retrospective provisions benefiting landowners who participated in the original 1999 scheme for disposal of raised bogs and turbary rights to my Department. Payments of retrospection to benefiting landowners will be put in place shortly.

Election Management System.

Eamon Gilmore

Ceist:

385 Mr. Gilmore asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the fact that 15 states in the US have passed legislation requiring VVAT on all e-voting machines, that one other state has legislation passed which is awaiting its Governor’s signature and that 19 states have Bills before their legislatures requiring VVAT which has not yet passed; and if he will make a statement on the matter. [15917/05]

My Department is developing, in parallel with the continuing work of the Commission on Electronic Voting, a programme of further assessment, testing and validation which is intended to address the concerns raised in the Commission's interim and first reports with regard to the secrecy and accuracy of the electronic voting and counting system. As part of this work programme, regard will continue to be had to further experiences and developments internationally in the use of electronic voting and counting solutions and their relevance to electoral arrangements in Ireland. It should, however, be noted that, internationally, electronic voting and counting systems equipped with VVAT are the exception rather than the norm, with the majority of systems around the world having an internal audit system instead, similar to the chosen system in Ireland.

Water and Sewerage Schemes.

Martin Ferris

Ceist:

386 Mr. Ferris asked the Minister for the Environment, Heritage and Local Government when his Department will make a decision on the Castleisland sewerage scheme stage 2 and the County Kerry waste water villages advanced study. [15949/05]

The Castleisland sewerage scheme, stage 2, is included in my Department's water services investment programme 2004-2006 as a scheme to commence construction in 2006 at an estimated cost of €5.5 million. My Department received the required water charging policy report for the scheme from Kerry County Council within the past few days. This will allow consideration of the council's preliminary report for the scheme to be finalised shortly.

Kerry County Council has also submitted proposals to my Department for the appointment of consultants to prepare a procurement strategy for village sewerage schemes in the county. These proposals are under examination in my Department and will be dealt with a quickly as possible.

Local Government.

John Cregan

Ceist:

387 Mr. Cregan asked the Minister for the Environment, Heritage and Local Government if he will report on the functions of town commissioners. [15950/05]

One of the objectives of the Local Government Act 2001 was to strengthen current town local government and to provide for linkage and co-operation with the county in the delivery of more integrated and improved service to the public, for both the town and its surrounding areas. The Act modernises the law relating to former town commissioners and provides appropriate powers, flexibility and opportunity for them to engage with local communities in co-operation with county councils, local groups and other agencies. Under the Act a single common legislative code applies to all local authorities and former town commissioners and urban district councils now have the uniform title of town council.

All local authorities exercise a representational role and enjoy broad powers to support the community interest, to make by-laws to deal with matters of local concern and may make a community contribution to support local projects. Town councils are represented on relevant county council area committees. In addition, following the publication in 2004 of the review of the operation of strategic policy committees, SPCs, at county council level, town council representation on SPCs has been interlaced.

Water and Sewerage Schemes.

John Cregan

Ceist:

388 Mr. Cregan asked the Minister for the Environment, Heritage and Local Government the progress which has been made regarding the Foynes and Shanagolden sewerage scheme in County Limerick; and if he will make a statement on the matter. [15951/05]

The Shanagolden and Foynes sewerage schemes, which are being advanced as part of a grouped project, are included in my Department's water services investment programme 2004-2006 as schemes to commence construction this year. My Department is awaiting the submission by Limerick County Council of a preliminary report for the schemes.

Paul McGrath

Ceist:

389 Mr. P. McGrath asked the Minister for the Environment, Heritage and Local Government if an application for funding for a sewerage plant (details supplied) in County Westmeath has been forwarded to his Department; the date of receipt of this application; if the project has been approved; if funds have been allocated for these works; and if he will make a statement on the matter. [15960/05]

The Milltownpass sewerage scheme has been approved for funding under the rural towns and villages Initiative of my Department's water services investment programme 2004-2006, at an estimated cost of €4.3 million. The preliminary report for the scheme was approved in November 2003. The water services pricing policy report submitted by Westmeath County Council is under examination in my Department and will be dealt with as quickly as possible.

Hazardous Substances.

Cecilia Keaveney

Ceist:

390 Cecilia Keaveney asked the Minister for the Environment, Heritage and Local Government the policy in relation to making water connections into old asbestos pipes; and if he will make a statement on the matter. [15992/05]

Asbestos cement piping complying with the specifications of Irish Standard 188 which, inter alia, requires bitumen lining and coating, was widely used in the provision of new local authority water mains for more than 30 years. It has also been extensively used and is a well-established and accepted product for this purpose, internationally.

The main health risk associated with asbestos products relates to inhalation of airborne asbestos particles. The potential exposure to such risk has led to a decline in the use of asbestos material and asbestos cement pipes are no longer used in Ireland for new public water mains or sewer pipes. The World Health Organisation's position in relation to asbestos in drinking water is that there is no consistent evidence that ingested asbestos is hazardous to health and that there is no need to establish a health based guideline value for asbestos in drinking water.

Where it is necessary to make a connection to an existing asbestos cement water main, it is a matter for a local authority or its contractor, as appropriate, to ensure that the procedures and equipment used accord with relevant health and safety legislation.

Water and Sewerage Schemes.

Paul McGrath

Ceist:

391 Mr. P. McGrath asked the Minister for the Environment, Heritage and Local Government if he has received an application for funding for a sewerage scheme for a village (details supplied) in County Westmeath; the date of receipt of this application; if this scheme has been approved; the estimated cost and when funds are likely to be made available for this project. [16014/05]

The Glasson-Ballykeeran-Coosan sewerage scheme has been approved for funding under the rural towns and villages initiative of my Department's water services investment programme 2004-2006, at an estimated cost of €3.6 million. My Department recently approved Westmeath County Council's brief for the appointment of consultants to prepare contract documents for the scheme and is now awaiting the submission of these documents by the council for approval.

Litter Pollution.

John Gormley

Ceist:

392 Mr. Gormley asked the Minister for the Environment, Heritage and Local Government if he intends to increase penalties for the owners of dogs responsible for dog dirt on streets; the additional measures he intends to take to deal with this problem; and if he will make a statement on the matter. [16024/05]

I am satisfied that the penalties and enforcement powers in the Litter Pollution Acts 1997 to 2003 are adequate to deal with dog fouling. Primary responsibility for management and enforcement responses to litter pollution, including dog fouling, lies with local authorities.

Departmental Charges.

Enda Kenny

Ceist:

393 Mr. Kenny asked the Minister for the Environment, Heritage and Local Government further to the publication of the Travers report, if his Department has carried out a review of the legal basis for all charges and fees levied by his Department and agencies under the aegis of his Department; the outcome of any such review; if any charges have been identified which do not have an adequate legal basis; and if he will make a statement on the matter. [16082/05]

A review has been initiated on the adequacy of the legal basis for charges and fees levied by my Department and by authorities and other agencies under legislation for which my Department is responsible. This review is in progress.

Local Authority Funding.

Billy Timmins

Ceist:

394 Mr. Timmins asked the Minister for the Environment, Heritage and Local Government if he has allocated funding to the local authorities for local improvement schemes for the 2005 programme; if so, the funding each local authority applied for and received; the funding applied for and received in 2004; and if he will make a statement on the matter. [16091/05]

Information on the operation of the local improvement scheme in each county council area is sought from councils each year. This includes details of the number of applications on hand and the estimated cost of those applications at the end of each year. Table 1 sets out details of the number of applications on hands and the estimated cost of those applications at the end of 2003 and the initial allocation made to each county council in 2004.

Table 2 sets out details of the number of applications on hand and the estimated cost of those applications at the end of 2004. I intend to announce the 2005 allocations shortly.

Table 1

County Council

No. of applications

Estimated cost

Initial allocation 2004

Cavan

291

5,552,280

1,065,546

Clare

137

4,100,000

564,294

Cork

229

9,000,000

565,368

Donegal

688

11,247,720

1,719,004

Fingal

2

25,000

25,000

Galway

199

4,175,000

829,189

Kerry

340

11,215,000

1,198,398

Kildare

18

330,411

112,422

Kilkenny

60

1,600,778

144,997

Laois

84

2,512,522

191,332

Leitrim

192

3,800,000

784,841

Limerick

120

2,449,032

288,577

Longford

126

3,140,000

290,844

Louth

34

400,000

130,609

Mayo

758

6,400,000

1,438,736

Meath

15

224,192

69,263

Monaghan

332

N/A

640,016

North Tipperary

61

1,507,678

192,012

Offaly

48

868,390

137,894

Roscommon

89

1,311,411

254,026

Sligo

80

598,000

483,219

South Tipperary

31

846,738

114,155

Waterford

39

727,635

165,388

Westmeath

21

315,612

123,859

Wexford

84

2,123,881

235,613

Wicklow

29

1,344,881

179,317

Total

4,137

76,339,290

12,100,000

Table 2

County Council

No. of applications on hand at the end of 2004

Estimated cost of applications on hand at the end of 2004

Carlow

30

565,133

Cavan

236

4,956,000

Clare

148

3,800,000

Cork

235

9,240,000

Donegal

793

13,963,533

Fingal

1

15,000

Galway

177

4,012,500

Kerry

374

10,445,438

Kildare

4

88,504

Kilkenny

82

2,095,278

Laois

102

2,995,747

Leitrim

216

6,400,000

Limerick

125

2,951,203

Longford

135

3,364,000

Louth

25

490,000

Mayo

1,033

9,800,000

Meath

18

328,873

Monaghan

290

5,803,594

North Tipperary

95

1,000,000

Offaly

57

1,056,722

Roscommon

102

1,444,736

Sligo

77

1,334,548

South Tipperary

39

804,500

Waterford

38

757,089

Westmeath

30

482,549

Wexford

63

1,808,756

Wicklow

25

1,066,743

Total

4,550

91,070,446

Social and Affordable Housing.

Joe Walsh

Ceist:

395 Mr. Walsh asked the Minister for the Environment, Heritage and Local Government the position regarding the affordable housing scheme at Clonakilty, County Cork; and if he will make a statement on the matter. [16211/05]

I refer to the reply to Question No. 166 of 14 April 2005. The position is unchanged.

Water and Sewerage Schemes.

Arthur Morgan

Ceist:

396 Mr. Morgan asked the Minister for the Environment, Heritage and Local Government when sewage treatment will be provided at Omeath, County Louth; the locations at which raw sewage is currently being pumped into Carlingford Lough; and if he will make a statement on the matter. [16238/05]

Omeath sewerage improvement scheme was included in the list of water services schemes submitted by Louth County Council in response to my Department's request to all local authorities to undertake fresh assessments of the needs for capital works in their areas and to prioritise their proposals on the basis of the assessments. The priority lists were taken into account in the framing of the water services investment programme 2004-2006, published in May 2004. In view of the priority afforded to the scheme by Louth County Council, it was not possible to include it in the programme.

Details of municipal waste water discharges from agglomerations with population equivalents greater than 500 is provided in the Environmental Protection Agency's report, Urban Waste Water Discharges in Ireland. The most recent report covering the years 2002 and 2003 is available in the Oireachtas Library.

Fire Service.

Paul McGrath

Ceist:

397 Mr. P. McGrath asked the Minister for the Environment, Heritage and Local Government the recommendations from a report (details supplied) on the fire service which have been implemented to date; and if he will make a statement on the matter. [16247/05]

Paul McGrath

Ceist:

398 Mr. P. McGrath asked the Minister for the Environment, Heritage and Local Government the cost of a report (details supplied) on the fire service here. [16248/05]

Paul McGrath

Ceist:

399 Mr. P. McGrath asked the Minister for the Environment, Heritage and Local Government if a further review of the fire service has been commissioned; the way in which this review is to be carried out; if consultants have been engaged to carry out this work; if so, the name of these consultants and the estimated cost; if the public will be consulted in the course of this review; and if he will make a statement on the matter. [16249/05]

I propose to take Questions Nos. 397 to 399 inclusive together.

My Department has implemented a number of the important recommendations of the report, Review of Fire Safety and Fire Services in Ireland. These include the enactment of the Licensing of Indoor Events Act 2003, which addressed a number of legislative changes called for in the review. In addition, the high level of capital investment in the fire service has continued and now stands at almost €20 million per annum. The interdepartmental committee on major emergency planning, which is chaired by my Department, is carrying out a review of the major emergency planning framework.

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 service.

A sum of €356,390 or £280,680 was paid to Farrell Grant Sparks for the report, Review of Fire Safety and Fire Services in Ireland. No further review of the fire services has been commissioned.

Departmental Properties.

Billy Timmins

Ceist:

400 Mr. Timmins asked the Minister for the Environment, Heritage and Local Government if he will provide a list of all the assets worth more than €100,000 that his Department has sold since 1997; the total value of all these assets; the purposes for which the proceeds from the sale of same were used; and if he will make a statement on the matter. [16311/05]

Enda Kenny

Ceist:

405 Mr. Kenny asked the Minister for the Environment, Heritage and Local Government if he will supply an inventory of all assets, specifically land and buildings, disposed of by his Department in each of the past ten years; if transactions were in accordance with proper procedures in the case in which such apply; the date of each sale; the location and asset disposed of in each case; the disposal price agreed; and the purchaser involved. [16416/05]

I propose to take Questions Nos. 400 and 405 together.

There were no assets worth more than €100,000, land or buildings disposed of by my Department during the periods in question.

Waste Management.

Seamus Healy

Ceist:

401 Mr. Healy asked the Minister for the Environment, Heritage and Local Government the details of the charging system for refuse collection and disposal for each local authority operating such a system; the changes in each case; when the consumer savings on the pay by volume or by weight system promised by the previous Minister will happen; and if he will make a statement on the matter. [16369/05]

The making of waste service charges is a matter for individual local authorities engaged in the direct provision of waste collection services and for private providers of such services. Similarly, the type of pay-by-use system used is principally a matter for service providers, having regard to Government policy.

My Department has not previously collated information in respect of waste charges levied. However, in the context of the move to a pay-by-use system of charging, my Department has compiled indicative details of user charges in each local authority area. I will arrange to have the information forwarded to the Deputy. It is not possible to indicate the likelihood of savings to be gained by householders as this will be largely determined by the degree to which individuals reduce the amount of waste they produce, including availing of kerbside or other recycling facilities.

Recycling Policy.

Michael Lowry

Ceist:

402 Mr. Lowry asked the Minister for the Environment, Heritage and Local Government his views on the new EU directive on recycling of electronic waste. [16391/05]

A central element of Government policy on waste management is the development of producer responsibility initiatives, PRIs, for particular waste streams. The producer responsibility approach has been employed with considerable success in other waste streams, notably packaging waste, where the industry based Repak model has been operating successfully in Ireland under the EU Packaging and Packaging Waste Directive.

The EU directive on waste electrical and electronic equipment, WEEE, which came into effect on 13 February 2003, sets challenging requirements for all relevant stakeholder groups. Electronic waste is one of the fastest growing waste streams in the European Union and there are compelling reasons to tackle this waste stream. Most electrical and electronic equipment contains valuable compounds and other materials which can readily be recycled; some equipment contains chemicals, heavy metals and radiated elements which are hazardous and should not be landfilled in municipal landfill facilities; and the sustainable use of resources, and our limited landfill capacity, demands that we do not send increasing volumes of electronic waste to landfill.

This waste can best be managed across the EU by member states acting together, following a common legal framework as now provided by the WEEE directive. Draft regulations, which will transpose the directive into Irish law, have now been published for consultation. These were prepared by my Department working closely with the relevant public sector and industry stakeholders through a dedicated WEEE taskforce. The taskforce was established in February 2003 to develop proposals for a PRI for electronic waste at the lowest possible cost to business and the economy and with the maximum benefit to the Irish environment.

Implementation of the WEEE directive on 13 August this year will mark a major shift in the way we manage this waste stream. From that date, producers will be required to bear the financial responsibility for the treatment, recycling and recovery of WEEE and retailers will be obliged to take back on a one-for-one basis WEEE of similar type or fulfilling the same function of the new item that is being purchased. The WEEE directive also sets recycling and recovery targets for various categories of WEEE to be achieved by producers together with an annual recovery of target of 4 kgs of WEEE per head of population. That means by 31 December 2008, Ireland will have to recover approximately 16,000 tonnes of WEEE each year.

My Department is committed to ensuring that the implementation phase is a smooth one and we have worked closely with all relevant stakeholders to achieve this. There have been two public consultations, the second of which on the draft WEEE regulations has just ended. As part of the consultation process I met with both the WEEE producers and retailers. All comments and observations received on the draft regulations will be considered by my Department in finalising the regulations, which I intend to make in advance of the implementation of the WEEE directive on 13 August 2005. I am committed to implementing this directive on time and in full.

Michael Lowry

Ceist:

403 Mr. Lowry asked the Minister for the Environment, Heritage and Local Government the current WEEE requirements and regulations for retailers; the planned and prospective changes to these regulations; and if he will make a statement on the matter. [16392/05]

The EU directive on waste electrical and electronic equipment, WEEE, which came into effect on 13 February 2003, involves challenging requirements for all relevant stakeholder groups, including retailers. Draft regulations which will transpose the directive into Irish law were published on 15 April last for public consultation. These were prepared by my Department working closely with the relevant public sector and industry stakeholders through a dedicated WEEE taskforce established in February 2003.

As part of the public consultation process which has now been completed, I met the representatives of both the WEEE producers and retailers to discuss the draft regulations. This was the second consultative process, the first followed the publication of the task force report in April 2004 and stakeholders have also been consulted on an ongoing basis through the taskforce.

Under the provisions of the draft regulations, from 13 August 2005 each retailer must, inter alia, register his or her premises with the appropriate local authority; provide for free in-store take back of WEEE on a one-for-one basis on the sale of a similar new product; ensure that any WEEE taken back is collected by a collector with the appropriate waste collection permit or licence or is delivered to an approved collection facility; and ensure that private households are informed of the WEEE take back facilities available to them.

Michael Lowry

Ceist:

404 Mr. Lowry asked the Minister for the Environment, Heritage and Local Government his views on correspondence (details supplied); and if he will make a statement on the matter. [16394/05]

Implementation of the EU directive on waste electrical and electronic equipment, WEEE, which came into effect on 13 February 2003, requires close co-operation between all stakeholders — producers, retailers and central and local Government. For this purpose, a task force representative of all relevant sectors, including retailers, was established in February 2003 to draw up proposals for implementing the directive.

A report by the task force published in April 2004 examined the issues surrounding implementation of the directive and made a number of recommendations on the collection, recycling, financing, regulation and reporting arrangements that need to be put in place in advance of free take-back of WEEE, which will commence on 13 August 2005. A public consultation followed, the results of which assisted the preparation of draft regulations, which I published on 15 April last. The position on the specific issues raised in the correspondence are as follows. With regard to the take back of WEEE, the draft regulations do not go beyond the scope of the directive, which is the taking back on a one-for-one basis of WEEE of similar type or fulfilling the same function of the new item that is being purchased. This is also in line with the recommendation made by the taskforce. Retailers will also be able to transfer free of charge collected WEEE to civic amenity sites. They may subject to the agreement of the appropriate local authorities, make alternative arrangements to in-store take-back, provided that such arrangements are not more inconvenient for the purchaser and remain free of charge. Batteries not contained within a piece of electronic equipment are outside the scope of the directive although it does require the removal and separate treatment of batteries in WEEE brought to treatment facilities. A retailer will not be required to take-back contaminated WEEE that presents a health and safety risk unless such contamination is on account of his or her liability under the Sale of Goods and Supply of Services Act 1980.

To minimise the regulatory burden of the WEEE directive, the draft regulations propose that retailers be allowed to avail of an exemption from the normal waste permitting requirements for the storage and transport of WEEE in certain circumstances. Under the modified regime, which will be considerably less burdensome than the normal collection and waste permitting requirements, retailers will be required to register their premises with their local authority. Insurance considerations are matters for the individual retailers.

Deferral of the directive in any other member state will not place retailers at a competitive disadvantage. The obligations involved for all who sell electrical and electronic equipment will be the same, regardless of whether they are independent retailers or multiples, headquartered in or outside the State.

Section 30 of the Planning and Development Act 2000 precludes my commenting on any planning cases that are under consideration or may come under consideration.

In addition to retailer representation on the WEEE taskforce, there have been two public consultations, the second of which on the draft WEEE regulations has just ended. As part of the consultation process, I met retailers' representatives. All comments and observations received on the draft regulations will be considered by my Department in finalising the regulations which I intend to make in advance of the implementation of the WEEE directive on 13 August 2005.

Question No. 405 was answered with QuestionNo. 400.
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