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Dáil Éireann díospóireacht -
Thursday, 30 Jun 2005

Vol. 605 No. 5

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 6, inclusive, answered orally.

Social Welfare Benefits.

Mary Upton

Ceist:

7 Dr. Upton asked the Minister for Social and Family Affairs if he has plans to address the apparent anomaly whereby those in receipt of the non-contributory pension who save a portion of their pension subsequently exceed the means threshold; if he will state the number of persons this affects; if he plans to rectify this situation; and if he will make a statement on the matter. [23033/05]

In assessing means for social assistance purposes account is taken of any cash income the person may have, together with the value of capital and property, except the person's home. The source of any capital held by a pensioner can and does vary. It can include savings from income while formerly working, savings derived from the sale of property or other assets, savings from occupational or social welfare pensions, gifts, inheritances, accumulated interest or dividends or a combination of these. It would not be possible or practical to distinguish savings derived from a particular source.

Capital is assessed by reference to a formula laid down in legislation. The initial amount of capital is disregarded before means are assessed. From June 2005, this disregard is increased to €20,000 from approximately €12,700 which applied from October 2000. This means that from the beginning of this month, a pensioner with no other means can have capital of up to €28,000 and still receive a pension at the maximum rate. This figure is doubled in the case of a couple.

The enhanced disregard applies to all capital regardless of where it is held, be it in an SSIA, a credit union, with An Post or any other account with a bank or other financial institution or regardless of the initial source of the capital. The new arrangements for capital assessment which I have introduced are designed to ensure that social welfare means testing arrangements do not act as a disincentive to claimants to become savers or penalise those who have been regular savers in the past. I believe that this is a better approach to this issue than to attempt to distinguish different types of capital and apply different rules to them.

While most pensioners spend all or a sizeable portion of their pension each week in meeting their normal living expenses, some pensioners, however, may choose to save part of their pension. However, such savings which are identified must be treated in the same manner as savings from any other source.

Tax and Social Welfare Codes.

John Deasy

Ceist:

8 Mr. Deasy asked the Minister for Social and Family Affairs if he has ever had any discussions with the Department of Finance regarding the granting of the family income supplement through the tax system; and if he will make a statement on the matter. [22892/05]

Family income supplement is designed to provide cash support for employees on low earnings with families. This preserves the incentive to remain in employment in circumstances where the employee might otherwise only be marginally better off than if he or she were claiming other social welfare payments.

Improvements to the family income supplement scheme, including the assessment of FIS on the basis of net rather than gross income and the progressive increases in the income limits, have made it easier for lower income households to qualify under the scheme. Payment of FIS through the tax system has been considered by a working group including the social partners, the remit of which was to examine the role which refundable tax credits could play in the tax and welfare system. While the report of the group has not been finalised, it is expected that it will recommend that FIS continue to be paid by my Department, with a modified system of delivery and sustained efforts to improve take up.

One of the issues underlying the establishment of the group was a perception that the take up of the FIS scheme was low, that it was not reaching intended beneficiaries to the extent that it might and that payment through the tax and payroll systems might help in that regard. The take up of the scheme peaked at about 14,700 at the end of 1999 but subsequently declined to 11,700 at end September 2002. However, the examination undertaken suggested that some of the perceived disadvantages for eligible persons under the existing system, for example, the need to make an application to a State agency, could apply equally to FIS paid through the tax and payroll systems.

The examination also suggested that it would probably not be feasible to introduce a system whereby FIS would be paid automatically to eligible persons through the tax and payroll systems and that there would be considerable complexities involved in such a scheme for employers and for the Revenue Commissioners.

Since 2002, the numbers availing of the scheme have risen significantly. Average annual numbers of claimants for the years 2002 to 2004 are 11,716, 12,303 and 13,508, respectively. In the week ending 17 June 2005, there were 15,513 claimants. This represents an increase of 29% on the December 2002 figure of 12,043. The improved take up may be due to a number of factors, including generous increases in FIS income thresholds over successive budgets, an increase in the minimum weekly FIS payment to €20, expansion of the economy and greater flexibility in working arrangements.

The National Economic and Social Councilhas been commissioned to examine the effectiveness of replacing family income supplement and child dependant allowance with a second tier income support payment targeted specifically at addressing the issue of child poverty. It is expected that this report will be completed later this year.

Social Welfare Code.

Paul Nicholas Gogarty

Ceist:

9 Mr. Gogarty asked the Minister for Social and Family Affairs if it is his Department’s policy to pursue unmarried mothers to bring the father of their children to court with the threat that, if they do not, they will lose their entitlement to the rent allowance. [23039/05]

It is a statutory condition of eligibility for one-parent family payment from my Department that applicants are required to make ongoing efforts to seek adequate maintenance from their former spouses or, in the case of unmarried applicants, the other parent of their child. Such maintenance is usually obtained by way of negotiation or by court order. In this regard, I am pleased to note that separated couples are increasingly using my Department's family mediation service which is being progressively extended countrywide.

Since 2001, one-parent family payment claimants are allowed to retain 50% of any maintenance received without reduction in their one-parent family payment, as a further incentive to seek support themselves. There are also disregards where such maintenance is paid in respect of rent or mortgage interest on the lone parent family home. Where social welfare support is being provided to a one-parent family, the other parent is liable under the legislation to contribute an appropriate amount regularly to the Department towards the cost of this payment.

In every case where a one-parent family payment is awarded, the maintenance recovery unit of my Department seeks to trace the liable relative involved to ascertain whether she or he is in a financial position to contribute towards the cost of one-parent family payment. This follow up activity normally takes place within two to three weeks of award of payment. All liable relatives assessed with maintenance liability are notified by the Department and issued with a determination order setting out the amount of contribution assessed. The amount assessed can be reviewed where there is new information about, or changes in, the financial or household circumstances of a liable relative. The Department requires regular payment of the contributions assessed in this way, usually weekly.

Rent supplement entitlement is a separate matter and does not have any bearing on my Department's work in the maintenance recovery process. The supplementary welfare allowance scheme provides for the payment of a weekly or monthly supplement in respect of rent to eligible people whose means are insufficient to meet their accommodation needs and who do not have accommodation available to them from any alternative source.

Supplementary welfare allowance is subject to a means test. In this regard all income, whether in cash or in kind, must be taken into account in determining the amount of assistance payable in each particular case. It is also a condition of eligibility that applicants apply also for any statutory benefits or take appropriate action to seek other income, including maintenance payments, to which they may be entitled.

In assessing or reviewing entitlement to rent supplement, the Health Service Executive may, depending on the circumstances of a particular case, request a person to seek maintenance from the other parent of their child. In cases where maintenance is being paid, the Health Service Executive may request that additional maintenance be sought if they consider that it is reasonable to do so having regard to the other parent's income. If there is some extenuating reason the rent supplement recipient does not wish to comply with this request, it is open to them to discuss that situation with the community welfare officer.

It is not the practice within the community welfare service to threaten lone parents with loss of their rent supplement if they do not to bring the father of their children to court for maintenance. However, there are instances where withdrawal or rejection of a rent supplement claim occurs because the failure or refusal by the person concerned to comply with the executive's request is unreasonable in the particular circumstances of the case. Where parents are in a position to make provision for their children, it would be inappropriate for the State to facilitate them in evading their responsibilities in that regard.

It is standard practice in the community welfare service, in instances where a payment under the supplementary welfare allowance scheme is to be withdrawn, that applicants are notified in writing, giving notice of the intention to withdraw the payment and outlining the reason for the action. In all instances of refusal or withdrawal of rent supplement, the applicant has the right of appeal. In the first instance an appeal can be determined by an appeals officer in the relevant regional area of the executive. If the applicant is dissatisfied with the outcome of this initial appeal he or she can request that the case be forwarded to the social welfare appeals office for further independent adjudication.

Pension Provisions.

Simon Coveney

Ceist:

10 Mr. Coveney asked the Minister for Social and Family Affairs the details of the consultants his Department employed to conduct a marketing campaign to persuade more persons to take out PRSAs; when this campaign was launched and when it concluded or will conclude; the total cost of this campaign; the success of this campaign in terms of the number of new PRSAs opened and as a percentage increase; and if he will make a statement on the matter. [22932/05]

In its report Securing Retirement Income, published in May 1998, the Pensions Board recommended that the Government should, as part of the overall pensions strategy, run a pension awareness campaign. The campaign was initially launched in 2003 to coincide with the implementation of the Pensions (Amendment) Act 2002 which encompassed many of the recommendations of Securing Retirement Income, including personal retirement savings accounts or PRSAs. The Pensions Board runs the campaign on behalf of my Department.

The focus of the campaign is to raise awareness about pensions issues with a view to improving overall pensions coverage. A secondary objective is to ensure that those with pensions coverage are making adequate contributions to ensure a satisfactory income in retirement. While PRSAs are an important part of the overall pensions strategy, the awareness campaign is not focused exclusively on these but rather on pensions provision in general, including occupational schemes and other types of personal pensions provision.

A total of €500,000 was allocated to the campaign each year since 2003 to fund Pensions Board administration costs, media delivery costs, production costs and management fees. The board also intensified some of its normal communication and information work to support the campaign. The board has engaged a number of consultants over the three years to assist with the planning and delivery of the campaign, including Financial Dynamics, Owens DDB and Q4 Public Relations Consultants.

The campaign involves an integrated advertising and public relations programme using TV, radio, newspapers, on-line facilities, posters and direct mail. Special promotions have also been built around occasions such as the Ploughing Championships. The main event for this year's campaign was held in May, when the Pensions Board ran a successful pensions action week in co-operation with pension providers. Further PR opportunities are being considered for the rest of the year.

Since their introduction in 2003, some 51,000 personal retirement savings accounts have been opened. Pensions coverage in general has shown a marginal improvement over the last couple of years to 52.4% of the working population while in the key target group, those aged 30 years and over, coverage has reached 59.1%. In terms of pensions awareness, the campaign has been successful in bringing the pensions message to the general public. Consumer awareness research audits show a positive increase in pensions and PRSA awareness from 60% at the end of 2003 to over 70% at the end of last year.

In terms of the future of the campaign, I have asked the Pensions Board to review our overall pensions strategy and I expect to receive a full report on the current position and the possible options for the future in September. Public awareness will be an important element of any new planned initiative. I am also conscious of the opportunities which the maturing of SSIAs next year offer in the context of kick starting pension provision for many people. I will look at a continuation of the campaign in that context.

Social Welfare Benefits.

Paul Kehoe

Ceist:

11 Mr. Kehoe asked the Minister for Social and Family Affairs the number of persons in receipt of the rent supplement who have children; and if he will make a statement on the matter. [22903/05]

Phil Hogan

Ceist:

59 Mr. Hogan asked the Minister for Social and Family Affairs the number of persons receiving the rent supplement for 18 months or more who have been passed on to a local authority for a housing assessment; and if he will make a statement on the matter. [22901/05]

Phil Hogan

Ceist:

60 Mr. Hogan asked the Minister for Social and Family Affairs the number of persons who were in receipt of the rent supplement for 18 months or more who were passed on to the local authority for a housing assessment and who have had their housing needs met; and if he will make a statement on the matter. [22902/05]

Tom Hayes

Ceist:

68 Mr. Hayes asked the Minister for Social and Family Affairs the progress which has been made on the long-term initiative for rent supplement tenants; and if he will make a statement on the matter. [22899/05]

Catherine Murphy

Ceist:

71 Ms C. Murphy asked the Minister for Social and Family Affairs the arrangements being put in place to guarantee funding to local authorities which secure long leases on rental properties beyond the three-year transition programme of the RAS scheme; and if he will make a statement on the matter. [22934/05]

Tom Hayes

Ceist:

72 Mr. Hayes asked the Minister for Social and Family Affairs the number of persons who have been availing of the rent supplement for 18 months or more; and if he will make a statement on the matter. [22900/05]

I propose to take Questions Nos. 11, 59, 60, 68, 71 and 72 together.

The supplementary welfare allowance scheme is administered on my behalf by the community welfare division of the Health Service Executive. It provides for the payment of a weekly or monthly rent or mortgage interest supplement to assist eligible people who are unable to meet their immediate accommodation needs through their own resources. As of 24 June last, there were 58,015 households in receipt of assistance under the rent supplement scheme. Just over half of these, almost 30,000 tenants, have been on the scheme for 18 months or more.

The scheme involves payment in respect of the household in aggregate, without specific additions for adult or child dependants. For this reason, the computer systems used to record rent supplement claims and generate payments does not contain family composition data and, as a result, a detailed breakdown of cases where there are children involved is not readily available. However, my Department has carried out a sample survey of claims which indicates that almost 30,000 rent supplement households have children. There are more than 50,000 children living in households where rent supplement is in payment.

A significant number of people had come to rely on rent supplements on a long-term basis over recent years. The Government announced a new initiative in July 2004 aimed at meeting the long-term housing needs of these people. The new system gives local authorities responsibility for meeting long-term housing assistance needs, including the needs of those people on rent supplements for 18 months or longer. These needs will be met through a range of approaches, including the traditional range of social housing options, the voluntary housing sector and, in particular, a new public private partnership type rental accommodation scheme. A total of €19 million has been transferred from my Department's Vote to the Department of the Environment, Heritage and Local Government Vote this year to help finance this initiative.

The amount to be transferred in 2006-08 will be considered in the light of the emerging experience of this year's implementation. The amount to be transferred in any one year will depend on the rate at which people move to the new housing arrangements. In overall terms the amount to be transferred will certainly exceed €120 million in aggregate when the new arrangements are fully operational. The funding of the rental accommodation scheme after the three year transition period will be a matter for my colleagues, the Minister for the Environment, Heritage and Local Government and the Minister for Finance.

The new arrangements are currently being implemented in seven local authorities. These are Dublin, Galway and Limerick City Councils and South Dublin County Council, which encompass the most extensive urban areas in the State, Drogheda Town Council, Donegal County Council and counties Offaly and Westmeath. The new arrangements will be initiated in all local authority areas by the end of 2005.

The Department of the Environment, Heritage and Local Government has appointed programme managers to assist the seven lead authorities with the implementation of the new arrangements. Thereafter, these managers will be available to support other authorities over the implementation period. Implementation groups in the seven areas have been established to ensure effective ongoing liaison and co-operation locally between housing authorities, Health Service Executive areas and other agencies.

The Department has indicated that the lead local authorities are on target to transfer the first eligible rent supplement recipients to the rental accommodation scheme within the next few weeks. The aim of the new system is to minimise ongoing dependence on rent supplement by progressing to a situation where suitable long-term accommodation is available for all who need it. The rent supplement scheme will continue to provide support to those who have short-term housing needs.

This will be achieved within a period of three years from commencement of the new arrangements in each local authority and in any event no later than September 2008. The scheme will involve structured arrangements to secure long-term availability of privately rented accommodation, particularly accommodation currently occupied by tenants in receipt of rent supplement under the supplementary welfare allowance scheme, and to encourage the supply of additional accommodation.

Overall, the new rental assistance arrangements represent a major step forward in supporting people with long-term housing needs. All of the relevant agencies are co-operating actively to make the system work successfully. The supplementary welfare allowance rent supplement scheme continues to be available to provide short-term income support for people who are unable to meet their immediate accommodation needs.

Services for People with Disabilities.

Shane McEntee

Ceist:

12 Mr. McEntee asked the Minister for Social and Family Affairs the details of the facilitator network; when this network was set up; the number of persons with a disability it has assisted each year since its establishment; and if he will make a statement on the matter. [22930/05]

The jobs facilitation programme was originally established with Government approval in July 1993. Currently, 46 facilitators are supported by ten regional co-ordinators and operate in 34 locations around the country. In April 2004, the jobs facilitation and family support programmes of my Department merged to form the social and family support services, SFSS. This was done to enable the resources at my Department's disposal be utilised in the most effective and efficient manner to assist the most marginalised citizens, including those with disabilities and their families. It was also intended to encourage economic activation amongst those most distanced from the labour market. Job facilitators and family service project officers were renamed facilitators at that time and now operate within a single streamlined network.

The numbers of persons with a disability assisted onto a progression path by the facilitation network since its introduction are not available. In general terms however, the majority of customers taking up the back to work or back to education options do so with the help and encouragement of their local facilitator. Some 7,000 people transferred from a disability payment to one of my Department's support options during the years 2001 to 2004, inclusive.

In addition to the measures I have already mentioned, my Department operates the special projects fund administered by facilitators, which provides enhanced supports to people, including the long-term ill and people with disabilities, who need additional help to progress to further training and employment. In 2004, 23 special projects catered for people with disabilities at a cost of over €500,000.

As well as the special projects fund, facilitators have access to a separate stream of funding under the national development plan. The aim of these projects is to encourage family members of customers with disabilities to participate in self development programmes or, in some instances, in "taster" educational programmes. It is hoped that the people involved will move on to more formalised training and educational programmes. In 2004, six projects catered for people with disabilities and their families at a cost of about €66,000.

Disability benefit and invalidity pension customers may, in certain circumstances, be allowed to work for therapeutic or rehabilitative reasons with a view to improving their prospects of returning to full-time work at a future date. People receiving disability allowance payments can earn up to €120 from this type of work before their income is assessed as means.

An increasing emphasis is being placed by facilitators on encouraging customers with disabilities to avail of the options available to them, for example, a project to support people with disabilities commenced earlier this year in the midlands. Its objective is to identify a more integrated employment support approach for people with disabilities. This project is being undertaken by my Department in association with the Health Service Executive and FÁS. My Department's facilitators played an integral part in the operation of the project. It is aimed, initially, at persons aged between 18 to 25 years of age in receipt of disability allowance.

The information gathered to date from this project is now under review to ascertain how the learning can best be used for the benefit of customers in the future.

Social Welfare Benefits.

Joe Sherlock

Ceist:

13 Mr. Sherlock asked the Minister for Social and Family Affairs the position regarding the introduction of an all-Ireland free travel scheme; the latest discussions he has had on this issue; the reason for the delay in its implementation; and if he will make a statement on the matter. [23030/05]

Trevor Sargent

Ceist:

37 Mr. Sargent asked the Minister for Social and Family Affairs the progress which his Department has made on the introduction for all senior citizens of an all-island free travel scheme. [23044/05]

I propose to take Questions Nos. 13 and 37 together.

The programme for Government contains a commitment to a scheme of all-Ireland free travel for pensioners resident in all parts of the island. The scheme would enable pensioners resident in Ireland to travel free of charge on all bus and rail services in Northern Ireland. Likewise, pensioners in Northern Ireland would travel free of charge on all bus and rail services in this State. I am actively examining all the issues and options related to introducing such a scheme.

In July 1995, my Department introduced the cross-Border free travel scheme. This scheme extended free travel entitlement so that free travel pass holders resident in Ireland could undertake a cross-Border journey from a point of departure in one jurisdiction to a destination in the other jurisdiction free of charge. The Department for Regional Development for Northern Ireland does not operate a similar scheme for its customers.

My Department covers the full cost of cross-Border journeys made by its pass holders as well as the southern element of such journeys undertaken by Northern Ireland pass holders. Under its own concessionary fares scheme, the Department for Regional Development for Northern Ireland covers the cost of the Northern element of cross-Border bus and rail journeys made by Northern Ireland pass holders. Some 220,000 free cross-Border journeys are undertaken each year at a total cost of €2.9 million; my Department pays €2.5 million and the remaining €0.4 million is covered by the Department for Regional Development for Northern Ireland.

The introduction of an all-Ireland free travel scheme will further extend the existing arrangements so that all free travel pass holders resident on the island of Ireland may undertake travel free of charge in all parts of the island. It is difficult to estimate the cost of the all-Ireland free travel scheme as this will ultimately depend upon the extent to which pass holders avail of it.

Officials from my Department have regular meetings with their counterparts in the Department for Regional Development for Northern Ireland concerning the operation of the existing cross-Border free travel scheme. Issues relating to the introduction of the all-Ireland free travel scheme have also been raised at these meetings.

My officials recently met with representatives from the Department of Foreign Affairs and the Department of the Taoiseach on 17 June 2005 in advance of a meeting of the British-Irish Inter-governmental Conference on 27 June 2005 at which the all-Ireland free travel proposal was raised. I will meet with Mr. Shaun Woodward MP, Parliamentary Under Secretary of State at the Northern Ireland Office, shortly during which I will discuss the introduction of a scheme.

There are a number of policy, operational, financial and technical issues to be discussed and agreed in connection with the new scheme, including the compatibility between the travel passes used in both jurisdictions, resourcing of the scheme and the options for joint funding. My Department will continue to progress these matters with officials from the Department for Regional Development for Northern Ireland, the Northern and Southern transport companies, the Railway Procurement Agency and other relevant parties.

Olwyn Enright

Ceist:

14 Ms Enright asked the Minister for Social and Family Affairs if his Department has carried out any research into the particular barriers which older persons encounter when trying to access information; if not, the reason therefor; the barriers which were identified as a result of this research; the action his Department has taken to address these barriers; and if he will make a statement on the matter. [22929/05]

My Department has not undertaken any specific research along the lines suggested by the Deputy regarding the information needs of older citizens. However, Comhairle, the national information agency which operates under the aegis of my Department, has recently funded the voluntary organisation, Age Action Ireland, to carry out a research project entitled "Uptake of Social Welfare Benefits by Older People". A draft report on this research project has recently been received in my Department and the findings and recommendations outlined in the report will be discussed shortly with Age Action Ireland.

The provision of comprehensive information in a clear and simple manner is an essential element in the effective delivery of social welfare services. The underlying objective of my Department's information policy is to ensure that all citizens, including older persons, are made aware of their entitlements in a timely fashion and are kept informed of changes and improvements as they occur. We continually try to ensure that there are no barriers encountered by our older citizens when trying to access information on all our social welfare schemes and services. My Department has in the recent past held customer consultation sessions with our older customers to ascertain any problems they might have in obtaining information on their entitlements. All of the customer groups concerned indicated their satisfaction at the level of information available from the Department and our dissemination methods.

The Department takes a proactive approach in advertising new schemes, together with changes and improvements to existing schemes and services, by using an appropriate mix of national and provincial media, information leaflets, fact sheets, posters and direct mailshots. We have, in the past, issued direct information booklets to all our pensioners outlining all the supports and services available to them from the Department.

Staff of the Department participate at public events promoting social welfare entitlement take up. In addition, they give talks to many organisations, including those offering pre-retirement seminars and courses, and voluntary and community groups to provide presentations on social welfare entitlements. My Department produces a comprehensive range of information leaflets, including a leaflet entitled Checklist for Pensioners, and booklets covering each social welfare payment or scheme. These information leaflets are available in a wide range of outlets countrywide, including all social welfare local offices, citizen's information centres, post offices and in a wide range of other organisations such as local community centres.

The central information services unit in my Department operates a telephone information service for the public and there is an information officer in each of the social welfare local offices around the country. Information officers are available to explain all our supports and services to our older citizens and to help and assist them in completing forms and accessing their entitlements.

Anti-Poverty Strategy.

Paul Connaughton

Ceist:

15 Mr. Connaughton asked the Minister for Social and Family Affairs if he will identify the welfare traps that are associated with the one-parent family payment; and if he will make a statement on the matter. [22888/05]

Michael Ring

Ceist:

27 Mr. Ring asked the Minister for Social and Family Affairs his proposals to change the one-parent family payment; and if he will make a statement on the matter. [22887/05]

John Deasy

Ceist:

50 Mr. Deasy asked the Minister for Social and Family Affairs the measures he intends to introduce to reverse the situation whereby certain welfare payments prevent the parents of children from living together; and if he will make a statement on the matter. [22893/05]

John Perry

Ceist:

63 Mr. Perry asked the Minister for Social and Family Affairs if he will list and outline the current data on poverty amongst lone parents here; and if he will make a statement on the matter. [22928/05]

It is proposed to take Questions Nos. 15, 27, 50 and 63 together.

The one-parent family payment is designed to provide income support to parents with insufficient means who have to parent alone. This can arise as a result of being widowed, or following separation or divorce, or being unmarried. The scheme in its present form largely reflects the reality that applied up to relatively recently, whereby mothers were mainly the full-time carers, with the father being the sole breadwinner. The main aim of the scheme, therefore, has been to provide income support for mothers parenting alone to replace that which would otherwise be provided by the father in a two-parent family. The scheme provides lone parents with the same option that parents have in two-parent families, of rearing their children themselves.

This reality, however, has been substantially changing in recent years. It is now more common in two-parent families for both parents to work outside the home either on a full-time basis or with one-parent working full-time and the other working part-time. Two-income families are increasingly becoming the norm and international research shows that the risk of poverty for such families is on average less than 4%. One-parent family households are, accordingly, at greater risk of poverty and, if these households are jobless, the risk of poverty is further increased.

The findings of the recent EU survey on income and living conditions, EU SILC, bear out the findings of previous surveys, and of experience in other developed countries also, that poverty rates tend to be higher among larger families and one-parent families. This is mainly due both to the direct costs of rearing children, including child care costs, and the opportunity costs related to the reduced earning capacity of parents, arising from their care responsibilities. This applies particularly to lone parent families as the lone parent has to be the main breadwinner and carer at the same time.

The EU SILC figures show that 42.3% of households made up of one adult with children are at risk of poverty, which can be defined as the proportion of the population below an income threshold of 60% of median income. This compares with 22.7% of the population as a whole and 15.3% of two adults with one to three children households. The percentage of lone parent households in consistent poverty was 32.6% compared to 9.4% of total households and 6.5% of two adults and one to three children households.

The OECD, in a recent report on an international comparative study on reconciling work and family life, found that employment participation among lone parents in this country is among the lowest in the OECD. This is despite the huge employment growth and increasing female participation in the workforce in recent years and the income disregards afforded to lone parents who take up employment. In addition, of those in employment, a high proportion are in relatively low paying part-time employment. This may be due, in part at least, to the fact that availing of the income disregard under the one-parent family payment scheme enables a recipient top up their benefit from part-time employment without foregoing the security of having a regular weekly benefit. However, the report points out that this may be achieved at the price of foregoing better paid full-time employment, greater self sufficiency and a higher standard of living.

Entitlement to payments under the schemes is also contingent on not cohabiting with another adult either in marriage or outside marriage. This ensures that recipients under the schemes do not gain an advantage over those living together, either married or otherwise, and parenting the children on a joint basis. Reluctance to forgo the income security provided by the one-parent family payment may, however, act as a disincentive to a partnership and ultimately marriage for recipients.

A sub-group of the senior officials group on social inclusion is examining obstacles to employment for lone parent families, with particular emphasis on income supports, employment, education, child care and support programmes and information. This group is scheduled to report to the Cabinet committee on social inclusion by the end of July.

We must also look closely at income supports and at how we can adjust those supports to better address the social problems that can arise for those who receive these payments. In this regard, my Department has established a working group to review the income support arrangements for lone parents. Issues being addressed include the contingency basis of the one-parent family payment, cohabitation, individualisation, maintenance and secondary benefits. The findings of this group will feed into the work of the senior officials sub-group.

I am also giving consideration to the introduction of a second tier of child income supports, aimed specifically at families in greatest need. A study being carried out at present by the National Economic and Social Council is examining the possibility of amalgamating social welfare child dependant allowances with family income supplement payments. The objective is to provide an integrated channel for resources to low income families without creating disincentives to employment.

It is intended that the outcome of these reviews will contribute to concrete proposals designed to better support and encourage lone parents in achieving a better standard of living, employment and education opportunities, and a better future for themselves and their children. These will be the main criteria against which recommendations in the reports will be judged. I am committed to reforms that will improve the quality of life for lone parents and their children by offering them respect and support while avoiding poverty traps.

Michael Noonan

Ceist:

16 Mr. Noonan asked the Minister for Social and Family Affairs if he does not accept that approximately 230,000 children live in relative poverty; and if he will make a statement on the matter. [22923/05]

John Perry

Ceist:

25 Mr. Perry asked the Minister for Social and Family Affairs if he will list and outline the current data on child poverty here; and if he will make a statement on the matter. [22927/05]

Dan Boyle

Ceist:

41 Mr. Boyle asked the Minister for Social and Family Affairs his views on the recommendations made in a statement on ending child poverty by the Combat Poverty Agency; and if he intends to examine all the recommendations as part of measures under consideration to tackle child poverty. [23035/05]

I propose to take Questions Nos. 16, 25 and 41 together.

The reduction and eventual elimination of child poverty are at the core of the strategies to combat poverty and social exclusion, a priority shared internationally. The OECD, in a report to Ministers for Social Affairs in April 2005, pointed out that "children who grow up in disadvantaged households are more likely to do poorly at school, to struggle to find a job, and to be unemployed, sick or disabled when they become adults, precipitating an inter-generational cycle of disadvantage and deprivation.".

Detailed measures to give effect to the strategies to combat child poverty in Ireland are set out in the national action plan against poverty and social exclusion and in the national children's strategy. Ending Child Poverty is also one of ten special initiatives in Sustaining Progress. The latest available child poverty data is from the EU survey of income and living conditions, EU SILC, for 2003. The EU SILC indicated that 23.9% of children, equivalent to approximately 200,000, are "at risk of poverty", that is, living in households with less than 60% of median equivalised income for their household size. Of these, 120,000 approximately or 14.6% of children are living in households with income below the 60% threshold and experiencing deprivation in at least one of eight indicators considered essential for a decent standard of living in Ireland today.

The relatively high percentage rates of poverty are, paradoxically, in part due to the major increases in household incomes generally that have occurred due to our unprecedented economic growth and the resulting major expansion in employment. A recent EUROSTAT study, for example, calculated the monetary value of the 60% threshold in terms of purchasing power standards in 2003 for households with two adults and two children. This showed that the threshold in Ireland is now above the EU average in value and ranked eighth highest overall among the EU 25. This means that many households in Ireland with incomes below the 60% threshold, including those with children, may have a better standard of living than similar households classified as not at risk of poverty in other member states.

I mention this because a misleading impression is often given that the level of poverty in Ireland is among the highest even in the enlarged EU. This comes as a surprise to many, given the improvements that have been made with employment, increases in social welfare payments and in education, health, housing and other essential services. The real challenge, therefore, now is no longer in combating absolute poverty but in addressing the reality that many households, especially those with children, have not managed to secure an adequate share of the growing employment opportunities on offer and in the higher standards of living these provide.

The Combat Poverty Agency policy statement on ending child poverty, which I recently launched, deals with this reality. The statement identifies three specific areas for attention. These are the need for increased and targeted child income supports; measures to encourage lone parents back to education, training and work, and the delivery of additional child care places. These are fully in line in this regard with my priorities and those of the Government.

The most significant measure to support families with children in recent years has been the substantial real increases in child benefit payment rates. Between 1997 and 2005, the rate of child benefit rose from €38.09 per month for the first two children and €49.52 for each child thereafter to €141.60 per month for each of the first two children and to €177.30 per month for the third and each subsequent child. This equates to real increases in excess of 170%. Child benefit is paid to over 540,000 families in respect of approximately 1 million children, at an estimated cost of €1.916 billion in 2005. It delivers a standard rate of payment in respect of all children in a family regardless of income levels or employment status. Providing income support in this way thus creates no obstacles to employment and facilitates employment take up by providing significant support with child care costs.

Through the family income supplement scheme, my Department provides cash support by way of weekly payments to families at work on low pay. Recent improvements to the scheme, including the assessment of entitlements on the basis of net rather than gross income and progressive increases in the income limits, have made it easier for more lower income households to qualify under the scheme.

There is now full-time or part-time employment take up in a significant proportion of households with children. These mainly include recipients of the one-parent family payment or of payments in respect of disability and unemployment. In other households with bigger families, only one parent may be able to take up employment, which results in a lower family income. I believe that part of the solution to this may be the introduction of an integrated, second tier of child income support, aimed specifically at families on low income. This would supplement the support provided by child benefit in terms of creating no obstacles to employment and contributing towards the cost of child care in facilitating employment. It would also help to facilitate the option of part-time or full-time parental care for children.

In developing these policies full account will be taken of the Combat Poverty Agency study and of a forthcoming study under the Ending Child Poverty special initiative by the NESC on amalgamating social welfare child dependant allowances with the family income supplement. The present system of weekly payments and other supports for lone parents may be creating obstacles to employment and thus contributing to growing dependence on these payments and a greater long-term risk of poverty for recipients and their children. This level of dependence does not appear to occur in many other EU countries. I, therefore, fully accept the priority which the Combat Poverty Agency study gives to encouraging people on benefit, including lone parents, back to work. This has already been under active consideration for some time.

A sub-group of the senior officials group on social inclusion has been undertaking since last year a detailed examination of obstacles to employment for lone parents. A report will be submitted to the Cabinet committee on social inclusion before the end of July, consideration of which will receive top priority.

The provision of affordable and flexible child care is also a key factor in facilitating employment participation for families with children. My Department is participating in an interdepartmental working group on early child care and education, chaired by the National Children's Office. The work of this committee is at an advanced stage and the outcome will make an important contribution to finding the right mix of services and income support to facilitate employment take up and care for children.

We need to monitor and evaluate the outcomes of the policies being pursued on the development of our children and get the necessary evidence on what works and works well. This process is about to commence with a major national longitudinal study on children which is expected to commence later in 2005. It is being jointly funded by my Department and the Department of Health and Children, through the National Children's Office. The study will be the most significant of its kind to be undertaken here, particularly in terms of the cost, scope and length of study period. It is anticipated that 10,000 children from birth and 8,000 children aged nine will be recruited to participate in the study.

I am confident that through the measures already being taken and the initiatives being planned, which will soon come to fruition, we are making a major contribution to ensuring that vulnerable families and their children have a fair share of the life chances and quality of life, which our prosperity as a nation is already conferring on a majority.

Social Welfare Code.

David Stanton

Ceist:

17 Mr. Stanton asked the Minister for Social and Family Affairs his views on the situation whereby migrant workers from the accession states and other countries, who come here to take up employment, do not qualify for any State support if they have not been employed here for more than two years; and if he will make a statement on the matter. [18062/05]

From 1 May 2004, the requirement to be habitually resident in Ireland was introduced as a qualifying condition for certain social assistance schemes and for child benefit. The basis for the restriction contained in the new rules is the applicant's habitual residence. The restriction is not based on citizenship, nationality, immigration status or any other factor.

The effect of the restriction is that a person whose habitual residence is elsewhere is not paid certain social welfare payments on arrival in Ireland. The question of what is a person's "habitual residence" is decided in accordance with European Court of Justice case law, which sets out the grounds for assessing individual claims. Each case received for a determination on the habitual residence condition is dealt with in its own right and a decision is based on the application of the guidelines to the individual's circumstances. Any applicant who disagrees with the decision of a deciding officer has the right to appeal to the social welfare appeals office.

Information held in my Department shows that the majority of migrant workers who came here took up employment and did not make social welfare claims. This is particularly true of those coming from the new member states of the EU. Migrant workers who become unemployed or ill will be entitled to claim unemployment benefit or disability benefit if they satisfy the social insurance contributions for such schemes. In the case of nationals of countries that require work permits, payment will only be made in respect of the unexpired part of their work permit.

It is possible for migrant workers who have been here for less than two years to satisfy the habitual residence condition for unemployment assistance purposes if it is deemed that their centre of interest is in the State. Again in work permit cases, payment of assistance would only be made in respect of the unexpired part of the work permit.

The operation of the habitual residence condition has been kept under review by officials of my Department since its introduction. The purpose of the review is to assess the impact of the condition on different categories of claimants, the organisational arrangements and the level of service provided to customers, and to identify opportunities for improvements in the administration of the scheme. The ongoing review enables my officials to identify emerging policy issues and to consider how these should be addressed.

Account is being taken of the views received from various groups and organisations who have an interest in the area. I expect to be in a position to draw conclusions from the review by the end of the year.

Social Welfare Benefits.

Willie Penrose

Ceist:

18 Mr. Penrose asked the Minister for Social and Family Affairs the discussions he has had to date concerning the logistics of allowing Irish senior citizens in Britain to have access to free travel when they return on visits to Ireland; if he is close to finalising details for such a proposal; the timeframe for its introduction; and if he will make a statement on the matter. [23015/05]

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

There have been a number of proposals for extending entitlement for free travel to people living outside Ireland, particularly the UK. During a recent visit to the UK I discussed the logistics of such a recognition scheme with bodies representing the Irish in Britain. With regard to making free travel available to Irish senior citizens living in Britain, consideration has to be given to the EU treaty's prohibition on discrimination on grounds of nationality. This could mean that, if the scheme were extended along the lines suggested, it may have to be extended to all pensioners who are EU nationals coming to Ireland for temporary stays.

However, while mindful of possible legal issues, I intend to continue to pursue the logistical elements of such a scheme, as I view it as important in the overall recognition of the contribution of Irish senior citizens over several decades to the growth and prosperity of this country.

Pension Provisions.

Olivia Mitchell

Ceist:

19 Ms O. Mitchell asked the Minister for Social and Family Affairs his plans for older persons as announced on 15 June 2005; and if he will make a statement on the matter. [22916/05]

Bernard J. Durkan

Ceist:

21 Mr. Durkan asked the Minister for Social and Family Affairs the discussions he has had with the banks regarding his recently announced proposals to encourage pensioners to remortgage to supplement their income; and if he will make a statement on the matter. [23105/05]

Trevor Sargent

Ceist:

26 Mr. Sargent asked the Minister for Social and Family Affairs if he will more fully explain his proposal to encourage the remortgaging of pensioner’s homes. [23045/05]

Emmet Stagg

Ceist:

30 Mr. Stagg asked the Minister for Social and Family Affairs his views on the two recent reports from the National Council on Ageing and Older People, An Age Friendly Society and Planning for an Ageing Population; and if he will make a statement on the matter. [23032/05]

Pat Rabbitte

Ceist:

78 Mr. Rabbitte asked the Minister for Social and Family Affairs if he will expand on his recent statement that older persons should be able to remortgage their property to the State in return for an annual income to supplement their pension; if he plans to table formal proposals on this issue; and if he will make a statement on the matter. [23028/05]

Róisín Shortall

Ceist:

87 Ms Shortall asked the Minister for Social and Family Affairs his new proposals to allow State pensioners to earn an income and keep their full pension; when he plans to introduce these proposals; and if he will make a statement on the matter. [23031/05]

Gerard Murphy

Ceist:

89 Mr. G. Murphy asked the Minister for Social and Family Affairs his views on media reports that he has plans to allow people to remortgage their property to the State in return for income to supplement their pension; and if he will make a statement on the matter. [22918/05]

Bernard J. Durkan

Ceist:

387 Mr. Durkan asked the Minister for Social and Family Affairs the extent of the discussions he has had with banking institutions about his recent proposals to encourage banks to acquire part of the equity of their homes, having particular regard to the fact that many such people have already had to assist their sons and daughters with the purchase, who are first time home buyers; and if he will make a statement on the matter. [24153/05]

I propose to take Questions Nos. 19, 21, 26, 30, 78, 87, 89 and 387 together.

I recently had the pleasure of launching two important documents from the National Council of Ageing and Older People —An Age Friendly Society: A Position Document and Planning for an Ageing Population: Strategic Considerations. The concept of a society for all ages, where all generations mingle and are valued equally, is most appealing and must be the goal that we as a nation aspire to as we explore the challenges of planning for an ageing population.

I fully agree with the national council that we need to identify the values and aspirations we wish to adopt in determining the place older people will have in our society. We also need to realise that older people are a valuable asset and resource to this country and should not be seen as a burden on the State. This is particularly important as we examine policy issues relating to the future financing of long-term care. These issues raise important questions for society.

My Department carried out a consultation process on the Mercer report on the future financing of long-term care in Ireland, which involved detailed consultation with a number of organisations. The feedback from that process has been compiled and has been fed into the long-term care working group. This working group is being chaired by the Department of the Taoiseach and comprises senior officials from the Departments of Finance, Health and Children and Social and Family Affairs.

The objective of the group is to identify the policy options for a financially sustainable system of long-term care, taking account of the Mercer report, the views of the consultation that was undertaken on that report and the review of the nursing home subvention scheme by Professor Eamon O'Shea. The group will report to the Tánaiste and to me during the summer.

A range of options are being considered to fund long-term care into the future. One of these options is an equity release type mechanism. I have spoken to my Canadian counterpart about his ideas for a scheme that allows homeowners to top up incomes by mortgaging a part of their property. The amount is recouped by the State, or agency acting for the State, when the home is eventually sold. This is referred to as a "reverse mortgage". Money raised in this way can, I understand, be taken as a lump sum or can be paid in instalments as a regular stream of income over time. There may be some benefits in exploring the introduction of such a system to assist people in supplementing their pension. In Canada the aspiration is that low income older people could raise their annual incomes consistently over time. It is an option that I will explore over the coming months.

With regard to pensions, I am examining the distinction between contributory and non-contributory pensions and the possibility of adjusting the means test to see to what extent we can provide incentives to older people to remain in employment. This is part of a broader examination of pensions issues which I am undertaking and which gives rise to complex issues and fundamental questions about the way our pensions system is organised. However, I hope to come to some conclusions in this area later this year.

Richard Bruton

Ceist:

20 Mr. Bruton asked the Minister for Social and Family Affairs his views on the recent ESRI report on pensioners’ incomes. [18323/05]

The recent ESRI report on pensioners' incomes and replacement rates in 2000 estimated that the income of older couples was 51% of their pre-retirement income, with single pensioners achieving a rate of 43%.

Since first taking office, the needs of older people have been a priority for this Government. We have sought, through significant increases in pensions and changes to other schemes, to improve the position of older people. Since 1997, we have increased pensions by up to €80.26 per week or 81%. Over the same period the increase in the consumer price index was 30.7% while average earnings increased by 51%.

At the same time, we have eased qualifying conditions so that more people can now receive contributory pensions. Additional household schemes have also been made available to all those over 70 years of age regardless of their income or household composition. The programme for Government contains a commitment to increase the basic State pension to €200 by 2007 and further progress will be made in the 2006-07 period. The maximum rate of contributory old age pension now stands at €179.30.

Under the national pensions policy initiative, published by the Pensions Board in 1998, the board proposed a rate of 34% of gross average industrial earnings for contributory pensions based on average earnings for the previous year. On that basis the current rate of pension is equivalent to almost 32%. A statutory review of pensions coverage and related issues is required to be completed by September 2006. In February, I asked the Pensions Board to commence work on a comprehensive review of our overall pensions strategy. Work on the review is ongoing and will include an examination of the appropriateness of the original targets suggested in the national pensions policy initiative for social welfare pensions and the total income of pensioners, taking account of the ESRI report.

I am anxious to ensure that the report is completed in the shortest possible timescale so that I can review the situation and decide what further action is required in this area. I expect to receive the report of the Pensions Board in September.

Question No. 21 answered with QuestionNo. 19.

Anti-Poverty Strategy.

Fergus O'Dowd

Ceist:

22 Mr. O’Dowd asked the Minister for Social and Family Affairs if he does not accept relative income and consistent poverty as measures of poverty; and if he will make a statement on the matter. [22925/05]

Pat Breen

Ceist:

23 Mr. P. Breen asked the Minister for Social and Family Affairs the progress to date on the eradication of consistent poverty; and if he will make a statement on the matter. [22884/05]

Fergus O'Dowd

Ceist:

34 Mr. O’Dowd asked the Minister for Social and Family Affairs if he will list and outline the current data on poverty here; and if he will make a statement on the matter. [22926/05]

Michael Noonan

Ceist:

52 Mr. Noonan asked the Minister for Social and Family Affairs if he is concentrating his efforts on dealing with consistent poverty and not relative income poverty; and if he will make a statement on the matter. [22924/05]

I propose to take Questions Nos. 22, 23, 34 and 52 together.

The relative income poverty indicator measures the proportion of people below the threshold of 60% of median income. People with income below that threshold are considered by the EU to be "at risk of poverty". The consistent poverty indicator identifies those below the 60% median income threshold who are also experiencing deprivation in goods and services considered essential for a basic standard of living in Ireland. There are eight indicators of deprivation chosen on the basis of surveys of what Irish people consider essential for a basic standard of living.

Across EU member states a new EU survey on income and living conditions, EU SILC, is the principal source of data on these and other indicators. The survey is conducted in Ireland by the Central Statistics Office. It replaces the living in Ireland survey, LIIS, which was conducted by the Economic and Social Research Institute, ESRI, until 2001. Ireland was among the first set of five countries to introduce EU SILC in 2003.

That survey reported that 22.7% of persons were at risk of poverty in 2003, which represents a slight increase on the 2001 figure of 21.9%. It is the case that when countries experience rapid economic growth, as occurred in Ireland in the 1990s, the incidence of relative poverty can increase as a result of the increase in incomes generally, for example, it rose in Ireland from 15.6% to 20.9% during a period of high economic growth between 1994 and 2000. However, if we use the "anchored poverty line approach" over the same time frame based on increases of the poverty threshold by the rate of increases in consumer prices only, the level of poverty actually falls by 55.9%.

The impact of general rises in income is also illustrated by a recent EUROSTAT study. This gives the monetary value of the 60% median threshold for a household with two adults and two children in 2003 in terms of purchasing power standards. It shows that the value for Ireland is above the EU average and eighth highest overall. This means that many households in Ireland with incomes below the 60% threshold have a better standard of living than similar households classified as not at risk of poverty in other member states.

The relative income approach, of course, only measures income. It does not take account of the high level of home ownership, especially among the elderly, and consequently of the value to households of owning their own home. It also does not reflect access to household allowances in kind such as electricity, fuel, telephone rental and TV licence.

The EU-SILC survey reported that 10.2% of households experienced consistent poverty in 2003, up from 5.2% in 2001 under the earlier LIIS survey. However, both the CSO and the ESRI have made it clear that methodological differences between the two surveys mean that the figures for 2001 and 2003 are not comparable and that it is, therefore, not possible to conclude from them how consistent poverty changed during this period.

There is no reason to believe that there has been a worsening in basic deprivation levels in recent years. Between 2001 and 2005, spending on social welfare has increased from €7.8 billion to €12.2 billion. During the same period the lowest social welfare rates have increased by 40% while the consumer price index has increased by just over 13%. As a result of budget 2005, welfare payments have increased by three times the expected rate of inflation.

Nevertheless, what is not in question from the survey results are the groups who are identified as being most at risk of poverty and deprivation. EU- SILC confirms the findings of earlier surveys in this regard. The most vulnerable groups are families with children, especially lone parents and larger families, those who are unemployed or with disabilities and the elderly, especially women living alone.

For those of working age the best route out of poverty is employment and this includes lone parents and those with disabilities, as well as the unemployed. This requires ensuring that social welfare payments are organised and administered in ways that are employment friendly. It also involves providing the necessary supports, such as education and training, employment services and affordable child care. The development of policies to meet these challenges is now a top priority with, for example, high level working groups examining how best to enable lone parents overcome the obstacles to employment they face and on how best to further develop the provision of affordable child care. Similar strategic and coordinated approaches are being developed for those with disabilities and the elderly.

Social Welfare Benefits.

Shane McEntee

Ceist:

24 Mr. McEntee asked the Minister for Social and Family Affairs when he expects social welfare recipients to be able to receive their payments in credit union accounts; and if he will make a statement on the matter. [22931/05]

My objective is to ensure that a wide choice of payment options is available to customers and that service is continually improved by providing access to an increasing range of payment outlets and facilities. Currently, 520,000 of my Department's customers receive their payment direct to their accounts at banks, building societies and other financial institutions. In order for my Department to issue payments to an account, the financial institution must have access to the electronic clearing system. Credit unions do not have access to these facilities at present and, therefore, cannot receive direct payments from my Department.

I am aware that the Irish League of Credit Unions is currently working with Bank of Ireland to develop a solution which would give credit unions access to the electronic clearing system. Development work is at an advanced stage and my Department has been requested to assist with the testing of the solution by issuing trial payments. Development work is ongoing between the bank and the credit unions and my Department will continue to assist with the testing of the system as requested.

When regulatory approval is obtained and all parties are satisfied that payments can reach the nominated account securely and on time, and that the customer can easily access their payment on the due date, my Department will agree a commencement date for the service with the Irish League of Credit Unions.

As the development and the regulatory issues are outside the control of my Department it is not possible to set a timeframe by which payments to credit union accounts will take place. However, I am hopeful that most of the issues can be finalised by the end of the year and that social welfare customers will be able to receive their payments in credit union accounts thereafter.

Question No. 25 answered with QuestionNo. 16.
Question No. 26 answered with QuestionNo. 19.
Question No. 27 answered with QuestionNo. 15.

Social Welfare Code.

David Stanton

Ceist:

28 Mr. Stanton asked the Minister for Social and Family Affairs if he intends to introduce a second tier support payment for children in unemployed or low wage households; if so, the progress which has been made to date in regard to same; and if he will make a statement on the matter. [22886/05]

Enda Kenny

Ceist:

38 Mr. Kenny asked the Minister for Social and Family Affairs the progress to date on his review of the second tier payment for children; and if he will make a statement on the matter. [22905/05]

I propose to take Questions Nos. 28 and 38 together.

My Department provides child income support in a number of ways. The principal support is child benefit, which is neutral vis-à-vis the employment status of the child’s parents and does not contribute to poverty traps. Over the period since 1997, the monthly rates of child benefit have increased by €103.51 at the lower rate and €127.78 at the higher rate, increases of 272% and 258% respectively. Child benefit rates now stand at €141.60 per month for each of the first two children and €177.30 per month for the third and each subsequent child.

Child dependant allowances are paid in addition to weekly social welfare payments. Since 1994, successive Governments have held the rate of child dependant allowances constant while concentrating resources for child income support on the child benefit scheme. It is important to recognise that over that period, the combined child benefit-child dependant allowance payment has increased by more than double the rate of inflation.

In addition, my Department provides cash support by way of weekly payments to families, including lone parent families, at work on low pay, through the family income supplement scheme. A number of improvements have been made to the scheme over the years, including the assessment of entitlement on the basis of net rather than gross income and progressive increases in the income thresholds, making it easier for lower income households to qualify for payment.

The National Economic and Social Council is examining the merging of child dependant allowances with the family income supplement scheme, as a way of addressing the issue of child poverty by channelling resources to low income families without creating disincentives to employment. I look forward to receiving the NESC report in the near future.

Social Welfare Benefits.

Liz McManus

Ceist:

29 Ms McManus asked the Minister for Social and Family Affairs if he will provide details of the new benefits and supports for carers that he recently announced; when he will introduce a national strategy for carers; and if he will make a statement on the matter. [23023/05]

Pádraic McCormack

Ceist:

32 Mr. McCormack asked the Minister for Social and Family Affairs if he is considering changing the dual eligibility rule for persons in receipt of the carer’s allowance; and if he will make a statement on the matter. [22907/05]

Breeda Moynihan-Cronin

Ceist:

42 Ms B. Moynihan-Cronin asked the Minister for Social and Family Affairs if he has received a copy of the Carers Association national policy document Towards a Family Carers Strategy; his views on its main findings; if he will draw on this document when formulating a national strategy for carers; and if he will make a statement on the matter. [23024/05]

John Gormley

Ceist:

48 Mr. Gormley asked the Minister for Social and Family Affairs the details of his plans to implement recommendations made by theCarers’ Association in the first national strategy for carers to formally acknowledge the role of persons who care for ill, disabled or elderly relatives at home. [23041/05]

Jimmy Deenihan

Ceist:

56 Mr. Deenihan asked the Minister for Social and Family Affairs if he has plans to change the dual eligibility rule for persons in receipt of the carer’s allowance; and if he will make a statement on the matter. [22895/05]

Michael D. Higgins

Ceist:

69 Mr. M. Higgins asked the Minister for Social and Family Affairs if he will give a commitment to develop, finance and put in place a national strategy for carers and thereby give full recognition to their role as an integral part of the health services; if he will provide adequate supports for the 150,000 family carers here; and if he will make a statement on the matter. [23020/05]

Damien English

Ceist:

77 Mr. English asked the Minister for Social and Family Affairs the progress to date on a policy or framework for the future funding of long-term care of the elderly; and if he will make a statement on the matter. [22896/05]

Bernard J. Durkan

Ceist:

84 Mr. Durkan asked the Minister for Social and Family Affairs his proposals to extend payment to the wider group of carers in line with modern requirements; and if he will make a statement on the matter. [23106/05]

Bernard J. Durkan

Ceist:

388 Mr. Durkan asked the Minister for Social and Family Affairs when he expects to be in a position to extend the carer’s allowance to that wider group of people who are currently carers but not in receipt of a payment; and if he will make a statement on the matter. [24154/05]

John Cregan

Ceist:

403 Mr. Cregan asked the Minister for Social and Family Affairs if he will consider extending extra benefits to carers looking after the more stressful and needs related clients; if, in cases in which persons take up the carer’s allowance and forfeit other social welfare payments, he will consider granting such persons all or part of forfeited payments. [24174/05]

I propose to take Question Nos. 29, 32, 42, 48, 56, 69, 77, 84, 388 and 403 together.

The carer's allowance is a social assistance payment which provides income support to people who are providing certain elderly or incapacitated persons with full-time care and attention and whose incomes fall below a certain limit. The primary objective of the social welfare system is to provide income support and, as a general rule, only one weekly social welfare payment is payable to an individual. This ensures that resources are not used to make two income support payments to any one person.

According to census 2002, there are 48,500 people providing personal care for over four hours per day. Just over 24,200 of these are in receipt of either carer's allowance or carer's benefit. This means that 50% of the 48,500 carers, as estimated by the CSO to be caring for more than four hours per day, are in receipt of a specific carer's payment from my Department.

I have been conscious, however, that there are carers who, because they are not in need of income support and consequently do not qualify for a weekly payment from my Department, feel that their contribution is not being recognised. For that reason, in the last budget I made provision to extend the annual respite care grant to all carers who are providing medically certified full-time care to a person who needs such care. This is also subject to some employment related conditions. This means that the respite care grant is now available to all carers who are providing medically certified full-time care. Accordingly, carers who are receiving a social welfare payment or those who are qualified adults on another person's pension or those who are not currently receiving a weekly social welfare payment may now qualify for a respite care grant from my Department.

The amount of the grant increased from €835 to €1,000 in June 2005. Provision has also been made to pay a grant in respect of each care recipient, where previously the grant was only available for up to two people. This benefits those who provide care for three or more people. I expect that this measure will benefit over 9,000 carers who are not currently in receipt of carer's allowance or carer's benefit. Overall, some 33,000 full-time carers will receive the grant at a cost of €36 million this year. This will bring the total expenditure on supports for carers from my Department to over €250 million this year.

I recently had the pleasure of launching the Carers Association's Towards a Carer's Strategy. It is a focused document with clear objectives and actions. These objectives and actions cover a range of areas and Government Departments, including income support and health related issues. With regard to a policy framework for the future funding of long-term care for older people, the long-term care working group, which is chaired by the Department of the Taoiseach and comprises senior officials from the Departments of Finance, Health and Children and Social and Family Affairs, is continuing its work. The objective of this group is to identify the policy options for a financially sustainable system of long-term care, taking account of the Mercer report, the views of the consultation that was undertaken on that report and the review of the nursing home subvention scheme. The group will report to the Tánaiste and myself during the summer.

I will also continue to work with my colleagues in Government to develop the type of co-ordinated services which provide real support and practical assistance to people who devote their time to improving the quality of life for others.

Question No. 30 answered with QuestionNo. 19.

Paul McGrath

Ceist:

31 Mr. P. McGrath asked the Minister for Social and Family Affairs if he has plans to change the way in which the supplementary welfare allowance is administered; and if he will make a statement on the matter. [22911/05]

Dinny McGinley

Ceist:

75 Mr. McGinley asked the Minister for Social and Family Affairs the progress to date on the review of the supplementary welfare allowance; and if he will make a statement on the matter. [22910/05]

I propose to take Questions Nos. 31 and 75 together.

The supplementary welfare scheme is administered by the Health Service Executive on my behalf. The scheme is being reviewed as part of my Department's ongoing programme of expenditure reviews. The review is being carried out by a working group chaired by my Department and includes the Department of Finance and the Health Service Executive. The review involves a fundamental appraisal of the scheme. All aspects are being examined, with a primary focus on considering ways of improving its efficiency and effectiveness.

Due to the number and nature of the issues raised, the working group decided to progress the review in two phases. Phase I of the review was completed at the end of 2004. This is a preliminary phase, outlining the background to the scheme, its current format, the trends in recipient numbers and expenditure. It also addresses the objectives of the scheme and their relevance in the context of Government and departmental policy and strategies. In this first phase the working group carried out an extensive consultation process. This resulted in 145 submissions being received by the working group. Over 700 issues were raised in these submissions. The report of phase I of the review has been published and is also available on my Department's website.

Phase II of the review commenced in January 2005. This involves a full examination of the issues raised in the submissions received and conclusions by the group in phase 1. The group is due to complete its work by the end of 2005 and will make recommendations on the future of the scheme based on its conclusions.

The recent establishment of the Health Service Executive requires a fresh consideration of the role and structure of the community welfare service and of the most appropriate location for that service in the future. I will address, later this year, the most appropriate administrative arrangements for the scheme in the light of recent changes.

Question No. 32 answered with QuestionNo. 29.

Jimmy Deenihan

Ceist:

33 Mr. Deenihan asked the Minister for Social and Family Affairs if he will increase the weekly disregard of earnings as an incentive for persons with disabilities entering rehabilitative and therapeutic employment; and if he will make a statement on the matter. [22880/05]

Denis Naughten

Ceist:

80 Mr. Naughten asked the Minister for Social and Family Affairs if he intends to increase the income disregard for persons on disability allowance following the recent increase in the minimum wage; and if he will make a statement on the matter. [22920/05]

I propose to take Questions Nos. 33 and 80 together.

My Department aims, through the provision of a range of supports, to encourage and assist people with disabilities and long-term illnesses who are in receipt of social welfare payments to identify and take up available employment, training and other self development opportunities, where appropriate.

This is achieved through a number of measures which include: exemptions from the general "no work" conditions which apply to the contributory illness and disability payments — with the prior approval of the Department, a person may be exempted from these conditions so as to engage in employment or training of up to 20 hours per week which is considered to be rehabilitative or therapeutic in nature; earnings disregards in the case of means tested payments, disability allowance and blind pension, for those engaging in rehabilitative employment or self employment and rehabilitative training; participation in the back to work scheme, whereby people on long-term illness and disability payments can retain those payments on a sliding scale for three years where they take up full-time employment in the open labour market, four years where engaged in self employment; the jobs facilitator network, which assists people to return to work, training and education by advising them of the options available, encouraging them to take up these options and providing supports, where necessary; and exemptions from liability for employer and employee PRSI contributions, in certain instances.

The earnings disregard for those in receipt of means tested payments engaging in rehabilitative employment has been increased on a number of occasions since the transfer of the then disabled person's maintenance allowance, DPMA, from the health boards to my Department as disability allowance in 1996. At that time, the disregard was £35.20, equivalent of €44.69, increased to £36.30 or €46.09 from 4 June 1997 and to £50 or €63.49 from 3 June 1998. It was then increased to £75 or €95.23 from 5 April 2000 and also extended to self employment and to its current level of €120 from April 2002. Any further change to this disregard would have budgetary implications and would have to be considered in the context of overall available resources.

As part of the Government's expenditure review initiative, a working group established in my Department reviewed the range of existing illness and disability schemes and identified a number of areas where employment support could be strengthened within the social welfare system and across Government Departments generally. I will consider what improvements can be made in the light of this review and with a view to any necessary measures being considered in the context of the next budget.

Question No. 34 answered with QuestionNo. 22.

Ciarán Cuffe

Ceist:

35 Mr. Cuffe asked the Minister for Social and Family Affairs the measures which have been taken by his Department to rectify the issue of reimbursing pensioners who lose a week’s money when they sign up for direct debit payments. [23037/05]

My Department's policy is to ensure that a wide range of payment options are available to customers. Payment options that are currently available include post office payments by means of a personalised pension order, PPO, book, postdrafts or electronic interface transfer, EIT, using a swipe card, cheque payments to customers at their home address and direct payment to customers' bank accounts via electronic fund transfer, EFT. Customers may also switch between payment method where their circumstances warrant it.

When pension payments made by EFT first commenced, they were made four weeks in arrears. However, following a review of payment frequencies, pension payments by EFT moved to two weeks in arrears in April 2000. This situation was again reviewed in 2004 and it was further reduced to one week in arrears in November of that year.

The majority of customers who opt for the EFT facility do so at the start of their claim and are paid on a regular weekly basis once their claim is put into payment.

Under current arrangements, customers wishing to change from a post office book to EFT move to a different payment cycle and, as a result, do not receive payment for one week during the switch over. The further alignment of EFT payments with that of other payment methods, including the elimination payments being made one week in arrears, is being addressed and the necessary arrangements will be put in place as soon as possible.

I also recently announced a comprehensive review of my Department's payment systems. This review will take account of Government policy to facilitate the greater use of electronic payments systems in the economy in the interests of developing a world class payments environment in Ireland.

Social Welfare Code.

Bernard Allen

Ceist:

36 Mr. Allen asked the Minister for Social and Family Affairs the progress to date on the introduction of a personal pension entitlement for pensioner spouses currently in receipt of the qualified adult allowance to be set at the level of the full non-contributory pension, as promised in the programme for Government; and if he will make a statement on the matter. [22882/05]

In the programme for Government and in Sustaining Progress, the Government is committed to increasing the payment for qualified adults, age 66 years or over, to the same level as the personal rate of the old age non-contributory pension. The current estimated full year cost of this commitment is €44 million.

Considerable progress has already been made in this regard with the qualified adult allowance on the contributory payment now standing at €138.50 or 83% of the maximum rate of old age non-contributory pension, currently €166.00 per week. Overall increases in the qualified adult allowance on the old age contributory pension amount to €56.47 per week since April 2000. Further progress towards increasing rates in line with Government targets will be considered in a budgetary context.

Question No. 37 answered with QuestionNo. 13.
Question No. 38 answered with QuestionNo. 28.
Question No. 39 withdrawn.
Question No. 40 answered with QuestionNo. 6.
Question No. 41 answered with QuestionNo. 16.
Question No. 42 answered with QuestionNo. 29.

Anti-Poverty Strategy.

Gay Mitchell

Ceist:

43 Mr. G. Mitchell asked the Minister for Social and Family Affairs the efforts his Department is making at local authority level to reduce poverty; and if he will make a statement on the matter. [22913/05]

The national action plan on inclusion provides for an integrated approach across all relevant policy areas for combating poverty and social exclusion, in line with the process established under the EU open method of co-ordination. This requires action not only at national level but also at regional and local level.

The office for social inclusion in my Department is responsible for co-ordinating and driving the plan, working closely with all relevant Departments and with the social partners through the social inclusion consultative group. Direct responsibility for social inclusion at local authority level rests with the Minister for the Environment, Heritage and Local Government who, I understand, recently provided detailed information on progress to the Deputy.

Over the past number of years my Department, through the office for social inclusion, has worked with that Department and the Combat Poverty Agency in supporting the development and implementation of a local government anti-poverty learning network. This network has contributed significantly to the promotion of a strong local anti-poverty focus within the reformed system of local government. It provides a forum in which local authorities can share experiences and best practice and consider how to make the maximum contribution to policies to tackle poverty and social exclusion.

Implementation of the national action plan on inclusion is regularly monitored and the outcomes achieved are evaluated. This process is part of the co-ordination undertaken by the office for social inclusion and involves Government Departments, the senior officials groups on social inclusion and the social partners. A report on the implementation of the 2003-2005 National Action Plan, for submission to the European Commission, is being finalised at present and will highlight, inter alia, the significant progress being made at local level to address poverty and social inclusion. This will include reference not only to services provided directly by local authorities but to all relevant State services administered at regional and local level.

Social Welfare Benefits.

Seymour Crawford

Ceist:

44 Mr. Crawford asked the Minister for Social and Family Affairs if his Department has ever calculated the number of persons who are eligible for the family income supplement scheme; and if he will make a statement on the matter. [22891/05]

Seymour Crawford

Ceist:

67 Mr. Crawford asked the Minister for Social and Family Affairs the number of persons who are eligible for the family income supplement but are not availing of the scheme; the number of persons who avail of the scheme; and if he will make a statement on the matter. [22890/05]

David Stanton

Ceist:

375 Mr. Stanton asked the Minister for Social and Family Affairs if his attention has been drawn to the number of working families on a low income which are entitled to the family income supplement but are not claiming it; and if he will make a statement on the matter. [23533/05]

I propose to take Questions No. 44, 67 and 375 together.

Family income supplement, FIS, was introduced in 1984 to provide income support for employees on low earnings with families and thereby preserve the incentive to remain in employment in circumstances where they might otherwise only be marginally better off than if they were fully reliant on social welfare payments. Weekly payments of FIS are made to families, including one-parent families, with children under 18 years or between 18 and 22 years if in full-time education, where one or more parent is in full-time remunerative employment of not less than 19 hours per week or 38 hours per fortnight, where the employment is likely to last at least three months and where the income of the family is less than a prescribed weekly amount.

The number of FIS claims in payment at week ending 17 June 2005 is 15,513. This represents an increase of 29% since December 2002 when 12,043 claims were in payment. FIS income limits were increased by €39 per week in budget 2005. This represents a net increase of €23.40 per week for most recipients. Weekly FIS income limits have risen by €84 since 2002. This represents a net increase of €50.40. The guaranteed minimum weekly rate of payment for anyone who qualifies for FIS increased to €20 from January 2004.

It is difficult to estimate the number of families who fail to apply for their entitlements under the family income supplement scheme. However, research undertaken by the Economic and Social Research Institute in 1997, which was based on the results of the living in Ireland survey 1994, suggested that fewer than one in three of potentially eligible claimants were actually in receipt of the payment. Since those with a higher entitlement are more likely to avail of the scheme, the take up in expenditure terms was estimated to be somewhat higher at between 35% and 38% of potential expenditure. I understand that the ESRI is looking again at this issue given the availability of new data since that time.

My Department undertakes a number of proactive measures to ensure that people are aware of possible entitlement to family income supplement. In the past, this has included extensive advertising on local and national press and radio, in poster campaigns and targeted mailshots. Information on FIS is also provided on an ongoing basis in various ways, which include advising all newly awarded one-parent family payment recipients, advising all employers annually in PRSI mailshots and examining entitlement for all recipients of the back to work scheme.

The provision of information on FIS in this manner is not costed separately. More generally, information on all social welfare schemes, including FIS, is also available on the Department's website and from the Department's local offices.

National Minimum Wage.

Seán Ryan

Ceist:

45 Mr. S. Ryan asked the Minister for Social and Family Affairs if his attention has been drawn to the fact that the failure to increase the cut off wage level for PRSI payments means that many minimum wage earners have not benefited as much as they should have from the recent increase in the minimum wage; if his attention has further been drawn to the fact that an employee earning €298.35 per week now finds that their pay exceeds the €287 minimum level for PRSI exemption; his views on whether this effectively cancels out the bonus they receive via the increase in the minimum wage; if he will address this situation; and if he will make a statement on the matter. [23029/05]

David Stanton

Ceist:

374 Mr. Stanton asked the Minister for Social and Family Affairs if, in view of the recent increase in the minimum wage, he intends to increase the cut off level for payment of PRSI; and if he will make a statement on the matter. [23532/05]

I propose to take Questions Nos. 45 and 374 together.

The National Minimum Wage Act 2000 provides that the minimum wage rate for an experienced adult employee from 1 May 2005 is €7.65 per hour. The national minimum wage continues to have a significant impact on the earnings of many thousands of low paid workers. This was the fourth increase in the national minimum wage and was agreed between the Government and the social partners under the mid-term review of Sustaining Progress.

The level of the PRSI contribution payable in any week is for the most part determined by the level of reckonable earnings in that week and by the appropriate PRSI rate. The rate at which the PRSI is due can vary significantly depending on the level of earnings. The system of PRSI contributions, which includes payment of the health levy where appropriate, operates using a range of tiered contribution rates which vary for employer and employees corresponding to weekly non-cumulative thresholds and a weekly non-cumulative PRSI allowance, subject to an annual cumulative ceiling on employee contributions.

These tiered PRSI contributions and allowances link the percentage of PRSI payable to the level of reckonable earnings in a given contribution week so as to ensure that the system is largely progressive up to the value of the annual ceiling. The tiered system also enhances employment incentives for low earning employees so as to ensure they do not bear a financial disadvantage from the payment of social insurance contributions.

From an employee point of view, a key PRSI threshold currently stands at €287 per week, which is the level above which the modified employee PRSI rate of 0.9% or standard employee PRSI rate of 4% is payable. At this threshold point, the employee rate becomes operable for all earnings, although contributors are then entitled to a PRSI free allowance of €26 or €127 per week, as appropriate, which reduces the "step-effect" of the threshold.

There are no provisions under social welfare law to exempt earnings paid at the minimum wage from liability for social insurance contributions. Any changes in the PRSI free allowances, thresholds and ceilings are considered in a budgetary context. It is worthwhile noting that workers in the circumstances that the Deputy sets out received an increase of over 6% on their previous earnings despite the application of PRSI. The Deputy can be assured that every effort is made to ensure that low paid workers and other vulnerable workers do not suffer undue hardship from the operation of the PRSI system.

Social Welfare Code.

Olivia Mitchell

Ceist:

46 Ms O. Mitchell asked the Minister for Social and Family Affairs the efforts his Department makes to encourage and assist persons with disabilities and long-term illnesses to identify and take up available employment, training and educational and other self development opportunities; and if he will make a statement on the matter. [22915/05]

My Department tries to assist and encourage long-term unemployed, people with disabilities and other long-term welfare recipients to return to work, training or further education through a range of measures administered by my Department's social and family support service. The back to work allowance scheme incentivises and encourages long-term unemployed people, lone parents and certain persons with disabilities to return to work by allowing them to retain part of their social welfare payment for a period when they take up employment or self employment.

My Department also administers the back to education allowance programme which is available to people who need to obtain educational qualifications before re-entering the labour market. It also operates a special projects fund, administered by facilitators based in social welfare local offices, which enables facilitators to provide enhanced supports to people who need additional help to progress to further training and employment. The groups who may need special help of this nature include the long-term ill and people with disabilities. In 2004, 23 special projects catered for people with disabilities at a cost of over €500,000.

The Department also operates small scale family services projects in certain areas, which are designed to focus supports towards specific target groups with complex needs, including people with disabilities. The provision of this additional support involves individual attention, customised information and enhanced access to services. It can increase the capacity of those in the most difficult circumstances, including people with disabilities, to improve their self esteem and personal situations through access to basic education, training and developmental opportunities.

It is hoped that by encouraging customers with disabilities to participate in self development programmes and, in some instances, "taster" educational programmes that they will move on to more formalised training and educational programmes. In 2004, six projects catered for people with disabilities and their families at a cost of €66,240.

The special projects and family services initiatives are based on the application of a partnership approach between my Department, the voluntary and community sector, the private sector and other local players in identifying and addressing local needs in terms of training and development for people dependent on social welfare payments, including people with disabilities.

Customers in receipt of certain illness related payments such as disability allowance, disability benefit and invalidity pension are not debarred from working while in receipt of these payments, subject to meeting certain criteria. Disability allowance is means tested and any income received would be assessed as means subject, however, to the current income disregard of €120 per week. Disability benefit and invalidity pension customers may, in certain circumstances, be allowed to undertake work for rehabilitative reasons with a view to improving their prospects of returning to full-time work at a future date.

Social Welfare Benefits.

Paul Nicholas Gogarty

Ceist:

47 Mr. Gogarty asked the Minister for Social and Family Affairs the way in which An Post is expected to improve its services if it is to retain social welfare payments, in view of the fact that his Department has held off on promoting an electronic transfer fund system at local post offices. [23038/05]

My Department issues approximately 1.1 million weekly payments, of which 58% are paid through An Post. Some 643,000 customers are paid electronically by my Department. Payments can be made by electronic fund transfer direct to a customer's account with a financial institution, including An Post, or by electronic information transfer to a post office where the customer can access the payment by means of a social welfare card.

At present, some 800,000 customers on long-term schemes are paid by means of a book of personalised payable orders which are encashable each week at a post office designated by the customer. My objective is to ensure that a wide choice of payment options is available to customers and that service is continually improved by providing access to an increasing range of payment services.

I have recently announced a review of my Department's payment methods with a view to identifying a payment solution which will meet the needs of customers in the future while at the same time complying with the Government's e-services agenda. This review, which is under way, will look at all the payment options used by my Department and will seek information on how best to deliver social welfare payments in the future. I expect the review will be completed by the end of the year.

The range and type of services which An Post provides to its customers is, in the first instance, a commercial matter for the company. I have no role or function in this regard. I am aware that An Post is mindful of the need to move to a more modern payment system. My expectation, however, is that An Post will respond to developments and product innovation in the money transmission market so that it can maintain its position as a leading player in this area of commercial activity.

In 1999, my Department's payment delivery arrangements with An Post were extended following a Government decision on the matter. This gave rise to a complaint being lodged with the European Commission in 2000. The complaint was subsequently referred to the European Court of Justice by the European Commission. An undertaking given to the European Commission precludes my Department from entering into any arrangement with An Post which would alter the terms of the current payment delivery service.

Pending a judgment on the complaint, the current arrangements which exist between my Department and An Post for the delivery of social welfare payments will continue.

Question No. 48 answered with QuestionNo. 29.

Social Welfare Code.

Eamon Ryan

Ceist:

49 Mr. Eamon Ryan asked the Minister for Social and Family Affairs if his Department has carried out a recent evaluation of supplementary welfare allowance rent caps with a view to revising caps to reflect actual current market rates for quality accommodation. [23042/05]

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 rent supplement to assist eligible people who are unable to provide for their immediate accommodation needs from their own resources and who do not have accommodation available to them from any other source.

Rent supplements are subject to a limit on the amount of rent that an applicant for rent supplement may incur. Setting maximum rent limits higher than are justified by the open market would have a distorting effect on the rental market, leading to a more general rise in rent levels and in landlord income. This in turn would worsen the affordability of rental accommodation unnecessarily, with particular negative impact for those tenants on lower incomes.

The limits currently in place came into force with effect from January 2004. Notwithstanding these limits, under existing arrangements the Health Service Executive may, in certain circumstances, breach the rent levels as an exceptional measure. This discretionary power is only used in special cases but it ensures that individuals with particular needs can be accommodated within the scheme.

My Department is in regular contact with the community welfare staff of the Health Service Executive regarding the various elements of the scheme. In the course of these ongoing contacts, the prescribed upper limits on rent levels supported under the rent supplement scheme have not emerged as having a detrimental impact on the ability of eligible tenants generally to secure suitable rented accommodation to meet their needs. In 2004, over 41,000 rent supplement claims were awarded and so far this year over 19,000 claims have been awarded.

My officials are reviewing the current levels of rent limits to determine what limits should apply from later this year. The review is taking account of prevailing rent levels in the private rental sector generally, based on indices from the Central Statistics Office, together with detailed input from the Health Service Executive on the market situation according to patterns of rent supplement applications within each of its operational areas. Data published by the CSO suggest that rent levels rose by 1.5% in the last six months. Rents fell by about 10% over the previous two and a half years.

The review has also included consultation with the Department of the Environment, Heritage and Local Government. In addition, the Irish Council for Social Housing and a number of the voluntary agencies working in this area have made detailed submissions. This process will ensure that the new rent limits reflect realistic market conditions throughout the country and that they will continue to enable the different categories of eligible tenant households to secure and retain suitable rented accommodation to meet their respective needs. I intend to introduce new regulations on this shortly.

Question No. 50 answered with QuestionNo. 15.

Anti-Poverty Strategy.

Joe Costello

Ceist:

51 Mr. Costello asked the Minister for Social and Family Affairs if he has met with the Bankers Federation of Ireland to discuss the report Do the Poor Pay More? in view of its finding that the poor are being pushed towards moneylenders due to the fact that they are unable to open bank accounts; the outcome of any such meeting; the specific requests he made or intends to make to the federation to address this situation; and if he will make a statement on the matter. [23018/05]

Eamon Gilmore

Ceist:

54 Mr. Gilmore asked the Minister for Social and Family Affairs if he has met with the ESB to discuss the report, Do the Poor Pay More? (details supplied) in view of its recommendation that the ESB should be asked if it was evading regulation by charging 22.9% interest on hire purchase agreements; the outcome of any such meeting; the specific requests he made or intends to make to the ESB to address this situation; and if he will make a statement on the matter. [23019/05]

Gerard Murphy

Ceist:

61 Mr. G. Murphy asked the Minister for Social and Family Affairs his efforts to tackle the financial exclusion from access to financial services for persons on social welfare or on low incomes; and if he will make a statement on the matter. [22917/05]

Thomas P. Broughan

Ceist:

66 Mr. Broughan asked the Minister for Social and Family Affairs if he has received a copy of the report, Do the Poor Pay More?; if his attention has been drawn to the report’s finding that the billing and payment policies of State bodies and utility companies are helping to push some of the country’s poorest into debt; the efforts he is making to address this situation; and if he will make a statement on the matter. [23016/05]

Dan Neville

Ceist:

81 Mr. Neville asked the Minister for Social and Family Affairs the efforts he is making to prevent the situation whereby many vulnerable persons are being forced to use the services of moneylenders; and if he will make a statement on the matter. [22922/05]

David Stanton

Ceist:

373 Mr. Stanton asked the Minister for Social and Family Affairs if he has made progress on the issue of providing low interest loans for persons on social welfare; and if he will make a statement on the matter. [23531/05]

I propose to take Questions Nos. 51, 54, 61, 66, 81 and 373 together.

My Department has a number of services available to assist individuals and families, primarily those on low income, to manage their finances and to open up alternative credit options in their local credit union. My Department has overall responsibility for the money advice and budgeting service, MABS, which provides assistance to people experiencing difficulty in meeting repayments on borrowings. There are 52 independent companies nationwide operating the service.

The MABS programme provides money advice, including the publication of information on money management and debt counselling, to individuals and families who have problems with debt, particularly indebtedness to moneylenders, and who are on low incomes or are in receipt of social welfare payments. The service places an emphasis on practical budget based measures that help people to move permanently from dependence on moneylenders and to access alternative sources of low cost credit. In the year ending December 2004, MABS dealt with over 16,000 new clients and 13,600 are being dealt with on an on going basis.

I recently launched the OPEN report Do the Poor Pay More? which was funded by the money advice and budgeting service and the Combat Poverty Agency. The report shows that many lone parents do not have access to mainstream banking and are therefore more likely to be indebted to high interest lenders such as moneylenders and hire purchase companies. Having considered the various findings and recommendations in the report regarding the practices of the utility companies and the financial industry, I held a series of meetings with the Irish Bankers' Federation, IBF, ESB, Irish League ofCredit Unions, ILCU, and the financial services regulator.

The meeting with the IBF focused on the following four issues: access to mainstream banking facilities, including credit options where appropriate, for lone parents and others on social welfare or low incomes; responsible lending practices to lone parents and others on welfare or low incomes; operationalisation of guidance notes regarding customer identification at local branch level; continued co-operation with the MABS service in dealing with over indebtedness issues when appropriate.

With regard to these specific matters, the banks have agreed to communicate with all retail member banks to ensure that staff are reminded of account opening procedures and the attendant customer identification requirements, including the range of documentation which will satisfy these requirements. They will also be in contact with the financial services regulator, IFSRA, to discuss how they might help promote their publication, A guide to opening a Bank Account.

The meeting with the ESB centred around the rate of interest being charged on its hire purchase agreements by FinancElectric. The ESB explained that its scoring system is more flexible than that of financial institutions and as a result it needs to charge a higher rate of interest.FinancElectric charges interest at various rates and some of its finance products are interest free. I have asked the ESB, in the context of the sale of its retail business, to ensure that in any transfer that takes place, those on low incomes and social welfare payments who are experiencing difficulty in servicing existing loans are treated in a sympathetic fashion.

The credit union movement has played a significant role in facilitating the development of the MABS. When I met with the Irish League ofCredit Unions I was given every assurance that it would continue to play its part in assisting persons on welfare payments and low incomes to be financially included. It undertook to meet with the One Parent and Exchange Network and other interested groups to respond to issues highlighted in the OPEN research. A follow up meeting has since taken place between OPEN, MABS and the ILCU to investigate the possibility of introducing credit products to attract those who are currently borrowing from moneylenders.

I also met with the financial services regulator. He is currently undertaking research into issues surrounding access to financial services in conjunction with the Combat Poverty Agency. I look forward to getting this report, which is intended to be available later this year. The report will be of assistance in further developing appropriate policy responses to financial inclusion.

A good working relationship exists between MABS, the IBF, ILCU, utility companies and the financial regulator. Regular meetings take place regarding debt recovery practices between the service and these bodies and I have requested that my officials keep me briefed on developments.

Through its operation of the household budget scheme with An Post, my Department also assists people who receive certain social welfare payments with money management by enabling them to pay a regular amount towards various household bills by direct deduction from their payments. This scheme is used mainly to cover local authority rents and mortgages and utilities. There is provision under the supplementary allowance scheme, through its exceptional needs payments, whereby persons may qualify for once-off payments from the community welfare service to help prevent undue hardship at times of exceptional expenditure.

I believe financial inclusion is vital in the context of social inclusion overall and I will continue to monitor developments in this area.

Question No. 52 answered with QuestionNo. 22.

Social Welfare Benefits.

John Gormley

Ceist:

53 Mr. Gormley asked the Minister for Social and Family Affairs if he will consider introducing index linked social welfare payments in view of recent and future increases in fuel costs. [23040/05]

The social welfare benchmarking and indexation group, established under the terms of the Programme for Prosperity and Fairness, reported in September 2001. While it did not prove possible to reach consensus on the desirability of establishing a formal benchmark for social welfare rates, the group did produce the following majority recommendation:

Recognising that the exact rate was a matter for Government, and having balanced the various factors set out in the terms of reference, the majority of the Group considered that the target of 27% of GAIE [Gross Average Industrial Earnings] (on a current-year basis) for the lowest social welfare payments was not an unreasonable policy objective.

With regard to child related payments, the group recommended that the appropriate equivalence level of basic child income support should be set at 33%-35% of the minimum adult social welfare payment rate. The report of the group fed into the national anti-poverty strategy published in 2002. This revised strategy contains a specific commitment to:

To achieve a rate of €150 per week in 2002 terms for the lowest rates of social welfare to be met by 2007 and the appropriate equivalence level of basic child income support (i.e. Child Benefit and Child Dependent Allowances combined) to be set at 33%-35% of the minimum adult personal rate.

This commitment was also reiterated in An Agreed Programme for Government and Sustaining Progress. In addition, An Agreed Pro-gramme for Government also contains a commitment to "increase the basic State Pension to at least €200 by 2007". The achievement of these commitments requires levels of increase well ahead of projected price inflation over the period. Considerable progress has already been made and I was happy to increase the lowest rates of welfare payments by over 10% in the last budget, an increase over four times ahead of projected inflation for the year. In addition, the level of child income support was maintained within the target equivalence levels provided for in the NAPS.

Over the period since 1997, the lowest social welfare rate has increased by 79% or a real increase ahead of price inflation of 37%. Over the same period, the rate of old age contributory pension has increased by 81% or a real increase of over 39%. I look forward to making further progress towards completing these ambitious commitments in the rates of welfare payments in the next two years.

Question No. 54 answered with QuestionNo. 51.

Enda Kenny

Ceist:

55 Mr. Kenny asked the Minister for Social and Family Affairs if he intends to reduce the qualifying period for the back to education allowance to nine months; if so, when he will introduce this change; and if he will make a statement on the matter. [22906/05]

Paul Connaughton

Ceist:

88 Mr. Connaughton asked the Minister for Social and Family Affairs if he has reconsidered reversing the qualifying period for the back to education allowance to nine months; when he expects this change to be made; and if he will make a statement on the matter. [22889/05]

I propose to take Questions Nos. 55 and 88 together.

The back to education allowance is a second chance education opportunities programme designed to encourage and facilitate people on certain social welfare payments to improve their skills and qualifications and, therefore, their prospects of returning to the active work force. The scheme is intended to benefit people who had difficulty finding employment because of a lack of educational qualifications. In many cases, people who have not completed second level education are held back in their efforts to obtain employment because of this. The qualification period for people who wish to pursue second level education is six months and the numbers taking second level education with the support of BTEA are increasing.

The conditions for entitlement to the third level option of the back to education allowance were revised with effect from September 2004. From that date, the qualifying period was increased from six months to 15 months for new applicants intending to commence third level courses of study. I reduced the qualifying period for access to the third level option of the scheme to 12 months in last December's budget. I also increased the annual cost of education allowance, paid to people on BTEA, from €254 to €400. These changes will take effect from 1 September 2005.

I have undertaken to the Dáil and the social affairs committee that I will continue to keep the qualifying period for this scheme under regular review. I have requested my officials to further examine the current arrangements to ensure that the scheme supports those people who are most distant from the labour market and whose need is greatest. In particular, I have requested that they examine how the scheme might be accessed by people in need of further education who have been identified under the employment action plan operated by FÁS in conjunction with my Department. I expect to be in a position to finalise this matter in July.

Question No. 56 answered with QuestionNo. 29.

Social Welfare Policy.

Joan Burton

Ceist:

57 Ms Burton asked the Minister for Social and Family Affairs if he has received a copy of the NESC report, The Developmental Welfare State; his views on its conclusion that addressing Ireland’s social problems has not been met with the same vigour as addressing economic issues over the past 20 years; his further views on whether many of Ireland’s social problems are worsening despite economic success; the efforts he is making to address this; and if he will make a statement on the matter. [23017/05]

The National Economic and Social Council was established to consider strategic issues relating to the efficient development of the economy, the achievement of social justice and the development of a strategic framework for the conduct of relations and negotiation of agreements between the Government and the social partners. The council is chaired by the Secretary General of the Department of the Taoiseach and contains representatives of trade unions, employers, farmers' organisations, NGOs, key Government Departments and independent experts. The Secretary General of my Department is a member of the council and the NESC in its acknowledgements paid particular tribute to the contribution of my Department to the drafting of the report.

The NESC's report, entitled The Developmental Welfare State, examines the evolution of the Irish welfare state, considers the serious social deficits that remain despite Ireland's economic progress and proposes a framework in which these deficits might be addressed, necessarily over an extended period. As with many NESC reports in the past, it addresses major issues of strategic importance as a contribution to debate on those issues. I envisage that the report will bring a similar level of debate to the social policy area as it has to economic development.

In the shorter term, the report will inform the forthcoming discussions that will feed into the NESC's next strategy statement which may in turn influence thinking on a successor social partnership agreement to Sustaining Progress. NESC identifies as a key challenge the need for Ireland to devise a system of social protection in its widest sense rather than focusing on social welfare payments. NESC suggests that the welfare system should be seen as consisting of three overlapping elements: tax and welfare transfers, the provision of services; initiatives, such as the national disability strategy, which are more activist in addressing social problems.

The report makes a number of observations about income supports and, in particular, addresses the need to support people in moving back to employment while providing adequate support for those who cannot. While many of the recommendations in this regard resonate with efforts to make the social welfare system more active since the early 1990s, the NESC model allows these efforts to be seen in a more integrated fashion and strengthens the arguments for intensifying them.

The term "activist measures" encompasses a range of initiatives, including active labour market programmes such as the back to work allowance, the "special projects" developed and supported by the Department's social and family support service, programmes to tackle educational disadvantage, such as the school completion, school meals and back to education programmes, and locally driven projects that seek to tackle various aspects of social exclusion.

I have no doubt that the NESC report will be influential in the coming years in the development of policy relating to social welfare and social development in general.

Social Welfare Code.

Pat Breen

Ceist:

58 Mr. P. Breen asked the Minister for Social and Family Affairs if his Department has had any discussions with the Department of the Environment, Heritage and Local Government on the introduction of a special bin charge allowance for elderly persons; the progress which has been made to date; if he has proposals in this regard; and if he will make a statement on the matter. [22885/05]

My Department has held discussions with the Department of the Environment, Heritage and Local Government regarding aspects of the arrangements governing the collection and disposal of domestic waste. The matter is also being discussed through the social partnership process.

The discussions between the Departments have focused on establishing the facts about the level of charges for domestic waste management and the increasing role played by commercial operators in this area. It is clear from those discussions that this is a complex and evolving issue. The range of charges imposed varies considerably from area to area and from operator to operator. In addition, even where the total charges imposed by operators may be similar, the charging regimes vary quite considerably.

The setting of waste management charges and the introduction of waivers in respect of waste charges is, as stated by my colleague the Minister for the Environment, Heritage and Local Government, a matter for the each local authority and a number have done so. The introduction of a national social welfare scheme to address the issue is not considered feasible given the wide range of charging regimes and cost levels that exist in respect of waste management throughout the State. Any system put in place to assist people who rely on private domestic waste collection would have to be sensitive to the different local arrangements.

Questions Nos. 59 and 60 answered with Question No. 11.
Question No. 61 answered with QuestionNo. 51.

Ruairí Quinn

Ceist:

62 Mr. Quinn asked the Minister for Social and Family Affairs the position with regard to the habitual residency condition for social welfare payments; if the concerns raised by the European Commission regarding the HRC have been clarified; if he will provide assurances that the HRC does not inflict poverty on persons arriving to Ireland; and if he will make a statement on the matter. [23027/05]

Paul Kehoe

Ceist:

82 Mr. Kehoe asked the Minister for Social and Family Affairs when the review of the habitual residence condition will be finished; and if he will make a statement on the matter. [22904/05]

I propose to take Questions Nos. 62 and 82 together.

The requirement to be habitually resident in Ireland was introduced as a qualifying condition for certain social assistance schemes and child benefit with effect from 1 May 2004. The basis for the restriction contained in the new rules is the applicant's habitual residence. The effect is that a person whose habitual residence is elsewhere is not paid certain social welfare payments on arrival in Ireland.

The question of what is a person's habitual residence is decided in accordance with European Court of Justice case law, which sets out the grounds for assessing individual claims. Each case received for a determination on the habitual residence condition is dealt with in its own right and a decision is based on application of the guidelines to the particular individual circumstances of each case. Any applicant who disagrees with the decision of a deciding officer has the right to appeal to the social welfare appeals office.

The EU Commission wrote to the Government on 22 December 2004 setting out a legal analysis of the new condition and its application to workers and their families. The Commission raised a number of issues concerning its compliance with EU law. Officials of my Department are currently engaged in discussion with the EU Commission officials with a view to clarifying the operation of the condition and addressing any issues raised. It is expected that these discussions will be concluded to the satisfaction of both parties by the end of this year.

I am not aware that the habitual residence condition is causing hardship to persons arriving in Ireland. The habitual residence condition is being operated in a careful manner to ensure that Ireland's social welfare system is protected, while at the same time ensuring that people whose cases are appropriate to the system have access to it when they need it.

In addition, the operation of the habitual residence condition has been kept under review by officials of my Department since its introduction. A more systematic review of the operation of the condition is being carried out at present by my officials with a view to: assessing its impact on different categories of persons claiming social assistance-child benefit and supplementary welfare allowance payments; assessing the current organisational arrangements in the Department for administering the condition and the service provided to customers; identifying opportunities for improvements to the administration of the scheme, including those aspects involving other Departments; examining all aspects of the decision making process; and identifying emerging policy issues and considering how these should be addressed.

Account is being taken of the views received from various groups and organisations who have an interest in the area. I expect the review to be completed by the end of the year.

Question No. 63 answered with QuestionNo. 15.

Simon Coveney

Ceist:

64 Mr. Coveney asked the Minister for Social and Family Affairs the steps he has taken or proposals he has considered in making the social welfare system father friendly; and if he will make a statement on the matter. [22894/05]

People are only identifiable in the social welfare scheme as parents when they have child dependants. Traditionally, the father was the main and often the sole breadwinner, with the mother, as the main care giver, being regarded as dependent on the father. Implementation of the principle of equal treatment for men and women in recent decades has in fact involved making the social welfare system both more mother and father friendly.

The mother, as normally the primary care giver, now generally receives child benefit payments which before had been payable to the father as the main breadwinner. There are no longer differences in payments or in eligibility conditions for men and women under the social welfare system and the concept of dependency has largely been removed. Both men and women are equally eligible for benefits or pensions if they become a lone parent but the majority of lone parents, some 88.5%, are women.

Recognition of the mother as primary care giver has meant that where the parents are separated, the mother usually retains custody of the children and, if there is eligibility, full entitlement to the one-parent family payment. The scheme as it currently operates, therefore, may not sufficiently facilitate or promote joint parenting and to that extent may not be sufficiently father friendly.

This is one of the issues being examined in a review of obstacles to employment faced by lone parents being carried out by a senior officials steering group which is due to report to the Cabinet committee on social inclusion by the end of July. Greater involvement of both parents in the rearing of their children is in the interests of all concerned and any changes to the social welfare system and, in particular, the one-parent family payment that may be needed to achieve that will be fully considered.

Social Welfare Benefits.

Bernard Allen

Ceist:

65 Mr. Allen asked the Minister for Social and Family Affairs the number of children awaiting assessment for the crèche supplement by a social worker or health sector personal social services professional in each county; and if he will make a statement on the matter. [22883/05]

Crèche supplements were introduced in some of the former health boards some years ago to provide individual assistance through the supplementary welfare allowance scheme to parents wishing to use crèches. This arose, for example, where a parent would not be able to avail of necessary supports such as counselling services or addiction treatment programmes without assistance towards the cost of child-minding.

The fact that these supplements were in payment for extended periods in many cases indicated that they had become a long-term child care support rather than the short-term social welfare intervention which was originally intended. In effect, long-term child care needs were being provided through a short-term income support scheme.

It is more appropriate that community operated or "not-for-profit" child care facilities in disadvantaged areas would be supported in a more direct and sustainable manner than indirectly through the short-term supplementary welfare allowance scheme. This approach has been successfully adopted in certain Health Service Executive areas where former health boards provided significant grant aid directly to community child care-crèche facilities.

More generally, the Department of Justice, Equality and Law Reform has a significant financial support mechanism in place through its equal opportunities child care programme, particularly aimed at supporting parents who want to take up educational, training or employment opportunities. The Department of Education and Science also operates an Early Start pre-school programme aimed at children in the three to four year age range.

The facilities supported directly through these mechanisms are able to provide child care facilities at low or no cost to disadvantaged families, who do not then have to rely on supplementary welfare allowance on an ongoing basis. Notwithstanding this, new crèche supplements may be made available by the executive in specific instances where a public health nurse or health service social worker recommends that a child in difficult circumstances would benefit by attending a community crèche, or that the parent or parents of a child needs to avail of counselling services, addiction treatments or similar and that crèche services are required to facilitate this.

In each such instance the executive must be satisfied that all the relevant circumstances are taken into account, for example, the person's ability to pay for or provide the service from an alternative source, in determining if a supplement is warranted in each case recommended by the professional worker involved. My Department has no responsibility for the health service professionals who refer people to community welfare officers for consideration of a crèche supplement under the supplementary welfare allowance scheme. Accordingly, I do not have information on how many families or children are awaiting a professional assessment by public health nurses or health service social workers.

However, my Department's computer system shows that there are currently 538 crèche supplements in payment. Some 306 of these were awarded by community welfare officers following the issue of the guidelines by my Department to the Health Service Executive at the end of January last setting out the new provisions. According to computer records only 16 crèche supplement applicants are awaiting a decision at present.

I am satisfied that the community welfare service is in a position to deal with any referrals from public health nurses or social workers as the cases arise.

Question No. 66 answered with QuestionNo. 51.
Question No. 67 answered with QuestionNo. 44.
Question No. 68 answered with QuestionNo. 11.
Question No. 69 answered with QuestionNo. 29.
Question No. 70 answered with QuestionNo. 6.
Questions Nos. 71 and 72 answered with Question No. 11.

Pension Provisions.

Jan O'Sullivan

Ceist:

73 Ms O’Sullivan asked the Minister for Social and Family Affairs if his attention has been drawn to the fact that thousands of construction workers are affected by the failure of their employers to pay into the registered employment agreement covering all construction industry employees and that the number of complaints to the pensions ombudsman regarding abuses of this scheme have risen dramatically in 2005; the efforts he will make to ensure stricter enforcement of this scheme; and if he will make a statement on the matter. [23026/05]

The construction federation operatives pension scheme is constituted as a registered employment agreement under the Industrial Relations Act 1946. The agreement was put in place in 1969 and it requires employers in the industry to provide specific pension benefits for their direct employees.

Responsibility for various aspects of the scheme is divided between a number of agencies, including the Department of Enterprise, Trade and Employment, the Labour Court, the Construction Industry Monitoring Agency and the Pensions Board. The issues associated with this scheme are many and complex and anyone familiar with the scheme will accept that there are serious problems to be addressed. Employers are not registering for the scheme; where they are registered, in many cases, they are not paying contributions for all their employees and, in some cases, deductions are being made and are not being remitted to the scheme trustees. With regard to the latter, failure to remit deducted contributions is an offence under the Pensions Act and the Pensions Board investigates any cases brought to its attention.

My Department and the Pensions Board are aware of the problems with the scheme and, while many of the problems are not within its remit, the Pensions Board has facilitated an examination of the situation by Mercer Consultants. The brief for this exercise covers, among other things, identifying the areas of non-compliance and making recommendations on methods of addressing these problems which are likely to be successful in achieving the scheme's objective.

I understand that the Mercer report will be completed shortly and it will be examined in detail thereafter by all concerned with a view to implementation, as appropriate. SIPTU, in a recent meeting with me, put forward proposals on the compulsory deduction of contributions and these are being considered in the context of the review.

Only contractors who are fully compliant in respect of their pensions and benefits obligations should be awarded public sector contracts. In this regard, I have been in touch with my colleague, the Minister for Finance, to ask him to ensure that guidelines on public sector procurement relating to compliance with the construction industry scheme are observed by contracting authorities.

Social Welfare Benefits.

Denis Naughten

Ceist:

74 Mr. Naughten asked the Minister for Social and Family Affairs his plans to review the means test for farmers applying for the old age non-contributory pension; and if he will make a statement on the matter. [22881/05]

I understand that the Deputy is concerned in particular about the current arrangements applying in the case of old age pension where a landholder leases land or is otherwise in possession of land which is lying fallow or idle.

Where land is let on short-term lettings such as the 11-month system, the income from such lettings is calculated as cash income for the purpose of the means assessment for old age pension. Necessary expenses incurred by the owner, such as auctioneer fees, fencing or fertilising between lettings are deducted from the gross letting income.

Where land is lying fallow or idle, there are two options for the assessment of means. If the Department is satisfied that the pension claimant is depriving himself or herself of an income in order to qualify for a pension, or a pension at a higher rate than would otherwise be the case, the relevant assessment is the income which would be received if the land was let; where the Department is satisfied that this is not the case, the value of the land is obtained from the Valuation Office and is assessed as capital for means purposes.

While there are no immediate plans to change the present arrangements in this regard, I have in recent times indicated that I am examining the distinction that exists between contributory and non-contributory pensions as regards earning entitlements and means testing as part of overall reforms in the pensions area.

Question No. 75 answered with QuestionNo. 31.

Tax and Social Welfare Codes.

Brian O'Shea

Ceist:

76 Mr. O’Shea asked the Minister for Social and Family Affairs the number of personnel in the construction industry who are employed on the basis of the C45 system; his views on the fact that workers employed on this basis do not have entitlement to various benefits that persons who pay the normal A1 stamp contribution are entitled to; if this system of employment in the construction industry means that such persons so employed or their spouses are not entitled to optical or dental benefits; and if he will make a statement on the matter. [23025/05]

The C45 system is the term used commonly in referring to the collection of income tax by the Revenue Commissioners through the relevant contracts tax or RCT system. It applies when payments are made by a principal contractor to a sub-contractor in respect of "relevant operations" in the construction industry, the meat processing industry and certain areas in the forestry industry. Tax is deducted by a principal contractor on payment to a sub-contractor, unless the principal contractor has received a relevant payments card for a sub-contractor who is registered with the Revenue Commissioners and holds a C2 card accordingly.

Where tax is deducted, the principal contractor gives the sub-contractor a certificate — previously a form C45, now replaced by a form RCTDC — which the sub-contractor uses to claim credit for or repayment of the tax. Social insurance contributions continue to be collected through the self-assessment system. As this system operates as part of the tax collection system, data on the numbers working sectors under these arrangements are not available in my Department.

This system of tax collection only operates where the principal contractor and the sub-contractor have signed a declaration agreeing that the contract is not a contract of employment, that is, that an employer-employee relationship does not exist. Whether a person is working as an employee or in a self-employed capacity is determined by reference to a range of objective criteria which arise from case law. These criteria are outlined in the information leaflet Employed or Self-Employed — a guide to Tax and Social Insurance, which is published jointly by the Revenue Commissioners and my Department, as well as in the guides on relevant contract tax published by the Revenue Commissioners. A worker who is unsure of his or her employment status, or a representative such as a trade union, may request a formal determination from Scope section in my Department of the nature of the contract.

Self-employed workers using the RCTDC, in common with other self-employed workers, are compulsorily insured under the Social Welfare Acts at PRSI class S. Subject to an adequate insurance record, they are eligible for the following payments: widow's or widower's contributory pension, orphan's contributory allowance, old age contributory pension, maternity benefit, adoptive benefit, bereavement grant.

Contributions paid by self-employed persons at PRSI class S are not reckonable for any short-term benefits including dental or optical benefits. To extend the range of benefits payable would mean an appreciable increase in the rate of contributions and would have to be considered in a budgetary context.

Question No. 77 answered with QuestionNo. 29.
Question No. 78 answered with QuestionNo. 19.

Services for People with Disabilities.

Eamon Ryan

Ceist:

79 Mr. Eamon Ryan asked the Minister for Social and Family Affairs if the six Departments required to produce outline sectoral plans within 12 months of the commencement of the Disability Bill 2004 should now be encouraged to produce these plans as a matter of urgency. [23043/05]

My Department, in common with the other Departments involved, has produced an outline sectoral plan. This plan was published in September 2004 at the launch of the national disability strategy which included the publication of the Disability Bill 2004 and the Comhairle (Amendment) Bill 2004.

The objective of my Department's plan is to ensure that, as far as is practicable, the schemes and services provided to people with disabilities operate in a manner which facilitates their full participation in society and meets the mainstreaming principle of the equality agenda. The plan provides the framework for progressing and developing services to customers. It gives a brief description of the range of schemes and services available to people with disabilities and covers a wide range of issues including performance standards, supports for people returning to work or education, proactive consultative processes to seek the views of people with disabilities, physical access to departmental premises, specific measures for visually or hearing impaired customers. It also describes the role of Comhairle in meeting the needs of people with disabilities, including the new personal advocacy service to be provided under the Comhairle (Amendment) Bill 2004. It was published in outline form in order to allow a period of consultation and discussion with relevant interested persons or groups before the plan is finalised and laid before the Dáil for approval.

The consultation process involves two major initiatives, the first of which has just been completed. It involved four regional briefings facilitated by the National Disability Authority and was designed to provide information on the contents of the plan and to seek informed feedback. The target audiences for the briefings were people with disabilities, carers, advocates, family members and friends, service providers and the general public. A report on the outputs from the four briefings is being compiled by the National Disability Authority.

The second initiative involves using the existing opportunities we have in place in my Department to get feedback and views from our customers with disabilities. We propose to seek feedback on our outline plan through the disability consultative forum which has been in operation since 1996. This forum comprises representatives of the principal disability organisations and service providers and meets on a quarterly basis. It acts as a channel to communicate the views of the relevant organisations to the Department and makes recommendations which can impact on policy formulation.

I am satisfied that, when finalised, the sectoral plan will provide a focus for the future development of services, provided by my Department, for people with disabilities and will include regular reporting on activities and improvements planned for the future. Production of sectoral plans is a matter for individual Departments. My colleague, the Minister for Justice, Equality and Law Reform, has overall responsibility regarding the Disability Bill.

Question No. 80 answered with QuestionNo. 33.
Question No. 81 answered with QuestionNo. 51.
Question No. 82 answered with QuestionNo. 62.
Question No. 83 answered with QuestionNo. 6.
Question No. 84 answered with QuestionNo. 29.
Question No. 85 answered with QuestionNo. 6.

Ciarán Cuffe

Ceist:

86 Mr. Cuffe asked the Minister for Social and Family Affairs if he intends to act on the findings of the recent study, Disability and Social Inclusion in Ireland, which shows the extent of barriers to full participation in society for disabled persons. [23036/05]

David Stanton

Ceist:

371 Mr. Stanton asked the Minister for Social and Family Affairs the details of the measures, programmes or supports his Department has in place to increase the participation rate of persons with disabilities in society; and if he will make a statement on the matter. [23529/05]

I propose to take Questions Nos. 86 and 371 together.

It is clear from the ESRI report, Disability and Social Inclusion in Ireland, that the barriers faced by people with disabilities and, indeed, other groups who are vulnerable to poverty and social exclusion, are multi-faceted and require a multi-agency response. The National Action Plan against Poverty and Social Exclusion 2003-2005 sets out the framework for the Government's response to these problems. The current plan sets out the range of policies and programmes, such as income and employment supports, health and education, which are being undertaken by relevant Departments aimed at reducing or eliminating poverty and social exclusion.

The national action plan specifically targets people with disabilities as one of a number of groups who are particularly vulnerable to poverty and social exclusion. The overall aim for people with disabilities is to increase their participation in work and society generally and to assist them and their families to lead full and independent lives. The plan details specific targets and actions which include rehabilitative training provision and skills development; increased participation in third level education; specific employment supports for people with disabilities and employers; access to health care; and care of people with disabilities.

The office for social inclusion, OSI, which is based in my Department, has overall responsibility for developing, co-ordinating and driving the national action plan. The OSI is currently completing a comprehensive review of progress against the targets contained in the current plan and a progress report will be submitted to the EU by the end of this month.

The Government remains committed to continuing efforts to alleviate poverty, especially for those who have not been in a position to benefit from the employment opportunities afforded by high economic growth. During the period 2001 to 2005, there were substantial real increases in social welfare rates, with the lowest rates increasing by 40% while the consumer price index increased by just over 13%. As a result of budget 2005, social welfare payments have increased by three times the expected rate of inflation. Government policy is to increase the level of social welfare over the period to 2007 and this commitment will be delivered. This will benefit all social welfare recipients, including those in receipt of disability payments.

Question No. 87 answered with QuestionNo. 19.
Question No. 88 answered with QuestionNo. 55.
Question No. 89 answered with QuestionNo. 19.

Paul McGrath

Ceist:

90 Mr. P. McGrath asked the Minister for Social and Family Affairs when he intends to introduce the advocacy service for persons with disabilities; and if he will make a statement on the matter. [22912/05]

The introduction of a personal advocacy service for people with disabilities is provided for in the Comhairle (Amendment) Bill 2004 which was published last September in conjunction with the Disability Bill 2004. The Bill aims to confer additional and enhanced functions on Comhairle, the national information agency, which will enable it to introduce a personal advocacy service for people with disabilities.

The new service will provide for the assignment of a personal advocate to assist, support and represent a person with a disability in applying for and obtaining social services and also in pursuing any right of review or appeal in connection with those services. As announced in this year's budget package, additional funding of €1 million has been provided to Comhairle to enable the groundwork to commence on the introduction of the new service. It is envisaged that the new personal advocacy service will be introduced in early 2008.

Social Welfare Benefits.

Damien English

Ceist:

91 Mr. English asked the Minister for Social and Family Affairs if and when he intends to introduce new regulations for the diet supplement; and if he will make a statement on the matter. [22909/05]

Diet 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. Any person receiving a social welfare or health service executive payment, who has been prescribed a special diet as a result of a specified medical condition and who is unable to provide for his or her food needs from within his or her own resources, may qualify for a diet supplement under the supplementary welfare allowance scheme.

Diet supplements are subject to a means test. Under the existing scheme, the amount of supplement payable in individual cases depends on which of two categories of diet — low cost or high cost — has been prescribed by the applicant's medical adviser and the household income.

To inform a re-appraisal of the scheme, my Department commissioned a study by an expert from the Irish Nutrition and Dietetic Institute. The study examined the special diets prescribed in legislation for which assistance is available through the existing diet supplement scheme. The study also considered the appropriate level of assistance required to cater for any additional costs involved in providing for necessary special diets, relative to the cost of a normal healthy eating diet.

The findings of this research study have been assessed by my Department to determine how the diet supplement scheme should be developed. Development of a new scheme is complex, as the report points out that certain diet conditions covered under the existing scheme should be adjusted to reflect the latest medical and dietary thinking and the fact that more healthy food products are now widely available.

I intend to introduce regulations shortly to update the scheme as appropriate, taking account of the study findings. In finalising the revised scheme and regulations, I want to make sure that any new supplement coverage and payment rates put in place continue to enable people on low incomes to meet the identified extra cost of the recommended special diets need. In the meantime, diet supplements continue to be provided for existing recipients and new applicants as heretofore.

Medical Cards.

Dan Neville

Ceist:

92 Mr. Neville asked the Tánaiste and Minister for Health and Children the position regarding the renewal of medical cards for persons (details supplied) in County Limerick. [23538/05]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the parliamentary affairs division of the executive to reply directly to the Deputy.

Health Services.

Jimmy Deenihan

Ceist:

93 Mr. Deenihan asked the Tánaiste and Minister for Health and Children if funding will be made available for the development of a sexual assault treatment unit in Kerry General Hospital; and if she will make a statement on the matter. [23704/05]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the parliamentary affairs division of the executive to reply directly to the Deputy.

Hospitals Building Programme.

Paul Kehoe

Ceist:

94 Mr. Kehoe asked the Tánaiste and Minister for Health and Children when work will commence on the 21-bed unit at Wexford General Hospital; the stage the work is at; the number of stages it must go through; and if she will make a statement on the matter. [23583/05]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. This includes responsibility for considering existing or new capital proposals in the health capital programme. Accordingly, my Department has requested the parliamentary affairs division of the executive to reply directly to the Deputy.

Parliamentary Questions.

Paul Kehoe

Ceist:

95 Mr. Kehoe asked the Tánaiste and Minister for Health and Children when this Deputy will receive a reply to Parliamentary Question No. 145 of 22 June 2005; and if she will make a statement on the matter. [23584/05]

As stated in my interim reply of 22 June 2005 the information requested is being compiled and will be forwarded to the Deputy as soon as possible.

The Deputy will be aware that the information requested refers to the period from June 1997 to date. The range of items mentioned and the amount of detail required will involve obtaining information from most of the units in the Department. The task of compiling and collating this information will of necessity involve a significant amount of staff time and resources. However, it is hoped that the information will be available for the Deputy by the second week in July.

Health Services.

Cecilia Keaveney

Ceist:

96 Cecilia Keaveney asked the Tánaiste and Minister for Health and Children if there is a means by which the recommendations of a group (details supplied) can be progressed; and if she will make a statement on the matter. [23585/05]

The north west alcohol forum is a multi-sectoral community initiative comprised of people in the north west with a special interest in alcohol abuse. It was established in response to the interim report of the strategic task force on alcohol 2002. The forum published a report in June 2004 entitled A Portrait of Our Drinking. This outlined local and national data in describing the impact of alcohol misuse on the region. The report contains a number of recommendations aimed at reducing alcohol related harm. I have reviewed the recommendations and have asked my officials to examine, in conjunction with the north west alcohol forum, ways in which the recommendations can be advanced.

Cecilia Keaveney

Ceist:

97 Cecilia Keaveney asked the Tánaiste and Minister for Health and Children the contacts she has with her counterparts in Northern Ireland to help advance, in a logical manner, the development of medical services on the island of Ireland; and if she will make a statement on the matter. [23586/05]

There is a high degree of co-operation between the health administrations, North and South. For many years, regular meetings at ministerial, secretary general and official levels have afforded the opportunity to exchange information on issues of mutual interest and to discuss policy developments in our respective administrations.

With the establishment of the North-South Ministerial Council, the health agenda became formalised when five areas were designated for health co-operation. As the Deputy will be aware, the areas are accident and emergency services, planning for major emergencies, cancer research, high technology equipment and health promotion. Although the council has not been meeting since the suspension of devolved government in Northern Ireland, North-South contacts continue in these areas and steady progress continues to be made.

So far as ministerial contact is concerned, I look forward to my first meeting with my counterpart, the Northern Ireland Minister for Health, Social Services and Public Safety, Mr. Shaun Woodward, on 5 July, in Dublin, when we plan to discuss a number of areas of mutual interest. Mr. Woodward has expressed a particular interest in our tobacco control measures in the South and I intend to raise a number of cross-Border services issues with him where I feel that there are possibilities for cross-Border working.

At secretary general level, there has been a long tradition of meetings once or twice a year. The most recent of these was on 1 February this year. This practice has operated very successfully as both an initiating and a consolidating influence on health relations North and South in the broad sense.

Under an initiative emanating from the North-South Ministerial Council on obstacles to cross-Border mobility, officials of my Department and of its counterpart, the Northern Ireland Department of Health, Social Services and Public Safety, established a working group to examine ways and means of addressing perceived obstacles to mutual recognition of qualifications in the medical profession. The working group has sought input to its deliberations from both the professional and regulatory bodies and from major employers of health staff. The group is nearing the completion of its remit and I look forward to its conclusions.

Apart from the involvement of the two Departments, a most valuable asset is available to us for active cross-Border co-operation at the local level. This is Co-operation and Working Together, CAWT, which is representative of the health authorities, North and South, in the Border area. Its aim is to improve the health and social well being of the population in this area and it has long been appreciated for its work and achievements in this role.

This is a snapshot of cross-Border health relations at the present time. In accordance with a decision by the Government at the end of May, there will be a continued emphasis on North-South issues for the remainder of this year. Many Departments, including my own, have a number of key objectives of North-South co-operation to pursue in 2005 and I will ensure that the necessary momentum is maintained.

Hospitals Building Programme.

Damien English

Ceist:

98 Mr. English asked the Tánaiste and Minister for Health and Children her plans for a capital investment scheme for Our Lady’s Hospital in Navan; and if she will make a statement on the matter. [23589/05]

Damien English

Ceist:

99 Mr. English asked the Tánaiste and Minister for Health and Children the provisions which have been made for capital investment in a purpose built new accident and emergency unit at Our Lady’s Hospital in Navan; and if she will make a statement on the matter. [23590/05]

I propose to take Questions Nos. 98 and 99 together.

The Deputy's questions relate to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. This includes responsibility for considering existing or new capital proposals, with regard to the health capital programme. Accordingly, my Department has requested the parliamentary affairs division of the executive to have replies issued directly to the Deputy.

Damien English

Ceist:

100 Mr. English asked the Tánaiste and Minister for Health and Children her plans to increase the number of beds at Our Lady’s Hospital in Navan; and if she will make a statement on the matter. [23591/05]

Damien English

Ceist:

101 Mr. English asked the Tánaiste and Minister for Health and Children the reason 30 beds are lying idle in the male orthopaedic unit of Our Lady’s Hospital in Navan; the plans in place to open these beds for utilisation; the timeframe involved; and if she will make a statement on the matter. [23592/05]

Damien English

Ceist:

102 Mr. English asked the Tánaiste and Minister for Health and Children when a CT scanner will be provided for Our Lady’s Hospital in Navan; the timeframe involved; the reason for the delay in supply of same; and if she will make a statement on the matter. [23593/05]

Damien English

Ceist:

103 Mr. English asked the Tánaiste and Minister for Health and Children if a full-time accident and emergency consultant will be appointed to Our Lady’s Hospital in Navan; and if she will make a statement on the matter. [23594/05]

Damien English

Ceist:

104 Mr. English asked the Tánaiste and Minister for Health and Children if there are plans by the Government to provide additional consultants or surgeons to the medical, surgical or orthopaedic departments of Our Lady’s Hospital in Navan; and if she will make a statement on the matter. [23595/05]

Damien English

Ceist:

106 Mr. English asked the Tánaiste and Minister for Health and Children when persons under the age of 16 years will be admitted to the accident and emergency unit at Our Lady’s Hospital in Navan; and if she will make a statement on the matter. [23597/05]

I propose to take Questions Nos. 100, 101, 102, 103, 104 and 106 together.

The Deputy's questions relate to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department is requesting the parliamentary affairs division of the executive to arrange to have a reply issued directly to the Deputy.

Health Services.

Damien English

Ceist:

105 Mr. English asked the Tánaiste and Minister for Health and Children her Department’s strategic plan for the development of health care for the people of Meath and the north east; and if she will make a statement on the matter. [23596/05]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the parliamentary affairs division of the executive to reply directly to the Deputy.

Question No. 106 answered with QuestionNo. 100.

Damien English

Ceist:

107 Mr. English asked the Tánaiste and Minister for Health and Children when she will announce a strategic plan for the provision of maternity services for the residents of Meath who currently travel to Drogheda or Dublin for such services; and if she will make a statement on the matter. [23598/05]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the parliamentary affairs division of the executive to reply directly to the Deputy.

Cancer Screening Programme.

Liam Aylward

Ceist:

108 Mr. Aylward asked the Tánaiste and Minister for Health and Children when the national breast screening programme approved in 2003 for the south east region will be available in County Kilkenny; and if she will make a statement on the matter. [23599/05]

The expansion of the current breast screening programme to counties Carlow, Kilkenny and Wexford and the roll out to the remaining regions in the country is a major priority in the development of cancer services. The expansion of the programme to counties Carlow, Kilkenny and Wexford will result in approximately 18,000 women in the target age group of 50 to 64 years being invited for breast screening. Screening commenced in Wexford in March 2004 and in Carlow in April this year. BreastCheck expects to commence screening in Kilkenny early in 2006.

Health Insurance.

Ned O'Keeffe

Ceist:

109 Mr. N. O’Keeffe asked the Tánaiste and Minister for Health and Children if her attention has been drawn to the serious consequences for 250 jobs in County Cork if risk equalisation in the health insurance market is introduced; if a company (details supplied) does not remain here the way in which the remaining health insurance company will raise the additional funds it says it requires under risk equalisation. [23600/05]

John Perry

Ceist:

123 Mr. Perry asked the Tánaiste and Minister for Health and Children the reason subscribers of a company (details supplied) should be unfairly and unjustly treated with regard to the proposed introduction of the system known as risk equalisation which she plans on putting into place; and if she will make a statement on the matter. [23789/05]

Pat Breen

Ceist:

125 Mr. P. Breen asked the Tánaiste and Minister for Health and Children if she proposes to introduce the system known as risk equalisation for customers of a company (details supplied); if so, the reason the money has to be paid to the VHI and the ESB; and if she will make a statement on the matter. [23792/05]

Richard Bruton

Ceist:

194 Mr. Bruton asked the Tánaiste and Minister for Health and Children her views on whether new entrants to the health insurance market have yet obtained sufficient market share to be able to carry the cost of contributions to the risk equalisation fund; and her further views on whether the extra cost will force up premiums for customers and risk damaging the emergence of long-term competition to the VHI. [24023/05]

I propose to take Questions Nos. 109, 123, 125 and 194 together.

The Deputies will be aware that I decided, on balance, recently not to trigger risk equalisation payments in the health insurance market at this point in time. I reaffirm, however, the Government's commitment to recourse to risk equalisation as an essential support to maintaining the common good principle of community rating in our voluntary health insurance market and its recognition that provision for the operation of risk equalisation is concomitant to the policy of a community rated health insurance market.

Risk equalisation is a process that aims to equitably neutralise differences in insurers' costs that arise due to variations in the health status of their members. Depending on the extent of the variation, risk equalisation may result in cash transfers from insurers with lower risk members to insurers with higher risk members. EU Council Directive 92/49/EEC, the third non-life insurance directive, allows for specific legal provisions to be adopted in the interests of the common good in the field of voluntary private health insurance, including measures relating to risk equalisation between insurers. When the regulatory framework was being developed, the EU internal market directorate general determined that Ireland was entitled to adopt such provisions to protect the common good, including community rating, open enrolment, lifetime cover and risk equalisation, subject to the principles of necessity and proportionality.

Both the principle and detail of providing for risk equalisation in the Irish voluntary health insurance market have been the subject of widespread consultation, analysis and extensive examination over a number of years. In addition to consultations carried out by my Department in the matter, the process has involved assessment of the issue by authoritative independent bodies, both nationally and internationally, and by EU Commission services.

Recourse to risk equalisation has been, and is, a feature of the market since enactment of the Health Insurance Act 1994. The original 1996 risk equalisation scheme was signed into law in March 1996. It was revoked in 1998 in the context of the preparation of a White Paper on private health insurance and in the clear understanding that it would be replaced. Following widespread public consultation the 2001 Health Insurance (Amendment) Act amended the risk equalisation provisions contained in the 1994 Act, principally, as follows: the enhancement of the role of the independent Health Insurance Authority and revision of the criteria by which risk equalisation would have been triggered — under the previous scheme an automatic triggering applied when the market equalisation percentage exceeded 2%.

In January 2003, the Irish authorities formally notified the EU Commission of the scheme now in place. The Commission notified the Irish authorities in May 2003 that it had decided not to raise objections to the scheme on state aid grounds. This decision is being appealed by BUPA to the Court of First Instance.

The provisions of the health insurance Acts provide that in considering whether risk equalisation transfers are warranted, the best overall interests of health insurance consumers include a reference to the need to maintain the application of community rating across the market for health insurance and to facilitate competition between undertakings. Any decision on the commencement of risk equalisation will not, therefore, be taken by reference to the specific insurance undertakings. The position regarding new entrants to the market is that they enjoy a three year exemption from risk equalisation payments. In addition, any liability in the fourth year is limited to 50% of that which would have been due in the normal course. It is not accepted that risk equalisation, if introduced, would be either unfair or unjust.

Nursing Home Subventions.

Jack Wall

Ceist:

110 Mr. Wall asked the Tánaiste and Minister for Health and Children the reason a decision has not been reached in regard to an application for nursing home subvention for a person (details supplied) in County Kildare; when a decision will be made; and if she will make a statement on the matter. [23601/05]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the parliamentary affairs division of the executive to reply directly to the Deputy.

Health Services.

Charlie O'Connor

Ceist:

111 Mr. O’Connor asked the Tánaiste and Minister for Health and Children the funding being allocated in 2005 to tackle asthma and allergies; and if she will make a statement on the matter. [23602/05]

There is currently no specific funding allocated from within my Department regarding asthma and allergies. Treatment is funded through provision of therapies under the community drug schemes and by provision of treatment in general practice and in secondary care.

Services for People with Disabilities.

John McGuinness

Ceist:

112 Mr. McGuinness asked the Tánaiste and Minister for Health and Children if a shower seat will be provided for a person (details supplied) in County Carlow; and if a decision will be expedited. [23604/05]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the parliamentary affairs division of the executive to reply directly to the Deputy.

Tony Gregory

Ceist:

113 Mr. Gregory asked the Tánaiste and Minister for Health and Children the details of the service available at Woodlawn to a person (details supplied); if the service is designed for autistic persons; the number of other autistic persons receiving the service there; the length of time the service has been available; if all the personnel involved are fully trained for this task; if the service is headed by a psychiatrist for a child with no psychiatric illness; the reason the service is not headed by a psychologist with the necessary training in behavioural psychology; the details of the educational component in the service provided; if, pending the development of the service in Woodlawn, interim funding will be provided to send this person to the internationally recognised facility in Bangor; and if she will make a statement on the matter. [23605/05]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the parliamentary affairs division of the executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Health Services.

Mary Upton

Ceist:

114 Dr. Upton asked the Tánaiste and Minister for Health and Children if she will investigate the case of a person (details supplied) in Dublin 12. [23606/05]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the parliamentary affairs division of the executive to reply directly to the Deputy.

Services for People with Disabilities.

Caoimhghín Ó Caoláin

Ceist:

115 Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Health and Children, further to the Government’s announcements of increased capital investment in disability services in 2004, the number of new community placements which have been provided in the north east region generally and specifically in Counties Cavan and Monaghan; the number which will have been created by end of 2005; and if she will make a statement on the matter. [23607/05]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the parliamentary affairs division of the executive to arrange to have a reply issued directly to the Deputy.

Health Service Staff.

Caoimhghín Ó Caoláin

Ceist:

116 Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Health and Children the number of new staff who have been recruited to provide disability services in the north-east region generally and specifically in Counties Cavan and Monaghan; and their respective positions. [23608/05]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the parliamentary affairs division of the executive to have a reply issued directly to the Deputy.

Caoimhghín Ó Caoláin

Ceist:

117 Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Health and Children the extent of the ban on recruitment in the health and social services that come under her Department; the way in which this affects disability services generally in the north east area and in Counties Cavan and Monaghan. [23609/05]

There is currently no embargo on recruitment of staff in the health services. However, the management of the employment ceiling for the health sector is a matter for the Health Service Executive, which may prioritise certain areas in line with the service priorities set out in its service plan for 2005.

Services for People with Disabilities.

Caoimhghín Ó Caoláin

Ceist:

118 Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Health and Children if there is a ban on the creation of new community placements for disability services. [23610/05]

There is currently no embargo on recruitment of staff in the health services. However, the management of the employment ceiling for the health sector is a matter for the Health Service Executive, which may prioritise certain areas in line with the service priorities set out in its service plan for 2005.

Caoimhghín Ó Caoláin

Ceist:

119 Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Health and Children if she will refute the claim that disability services have been advised that no additional services are to be provided in the north east region, irrespective of their urgency. [23611/05]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the parliamentary affairs division of the executive to have a reply issued directly to the Deputy.

Medical Cards.

Dan Neville

Ceist:

120 Mr. Neville asked the Tánaiste and Minister for Health and Children when a medical card will be restored for a person (details supplied) in County Limerick. [23612/05]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the parliamentary affairs division of the executive to have a reply issued directly to the Deputy.

Nursing Home Charges.

Dan Neville

Ceist:

121 Mr. Neville asked the Tánaiste and Minister for Health and Children if she will report on her plans for refund of moneys under the national repayment scheme for overcharging of residents at public nursing institutions. [23613/05]

The Government has agreed the key elements of a scheme for the repayment of long stay charges. All those who were illegally charged for publicly funded long-term residential care 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 provide 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 CPI, since the time the person involved was charged.

Legislation will be brought before the Oireachtas in the autumn to underpin the scheme. One of the objectives of the legislation will be to put in place procedures which will protect vulnerable people from exploitation given that significant repayments in some cases will be paid to them. 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.

An outside company with experience in handling mass claims will be engaged to design and manage the scheme within the parameters of the key principles approved by Government. The Health Services Executive is finalising an advertisement in the Official Journal to obtain expressions of interest from companies that would design and manage the repayments scheme. The company selected will work closely with the HSE to ensure that the co-operation is forthcoming on records held by the health agencies. It is anticipated that a company will be selected over the summer and will begin work in early autumn on the design of the scheme.

An oversight committee has been appointed by the Tánaiste to monitor the implementation of the repayment scheme. The committee will be chaired by Dr. Bernard Walsh, a geriatrician in St. James's Hospital, and its task will be to ensure that proper governance is applied by the HSE and the company to 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. The legislation will include appropriate safeguards to prevent exploitation of those who receive repayments and are not in a position to manage their own financial affairs. 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 one-off service improvements in elderly, mental health and disability services.

It is estimated that about 20,000 people who are still alive and a further 40,000 to 50,000 estates will benefit. It is estimated that the scheme will cost approximately €1 billion. The decision to limit payments to the estates of those who died in the past six years reflects the reference in the Supreme Court judgment to the Statute of Limitations.

The national helpline set up by the Health Services Executive to allow people to register if they believe they are due a repayment will continue to operate but 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.

Any person who considers that he or she or a family member may be eligible for repayment may register their interest in advance with the Health Service Executive, by writing to the National Refund Scheme, HSE Midland Area, Arden Road, Tullamore, County Offaly; or e.mail to refundscheme@mailq.hse.ie; or by calling the helpline 1800 777737 during office hours.

Hospitals Building Programme.

Dan Neville

Ceist:

122 Mr. Neville asked the Tánaiste and Minister for Health and Children the position regarding the provision of an Alzheimer’s unit at St. Ita’s Hospital, Newcastle West, County Limerick. [23614/05]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the parliamentary affairs division of the executive to have a reply issued directly to the Deputy.

Question No. 123 answered with QuestionNo. 109.

Medical Cards.

Liz McManus

Ceist:

124 Ms McManus asked the Tánaiste and Minister for Health and Children the number of persons in receipt of medical cards at the latest date for which figures are available by county; and if she will make a statement on the matter. [23791/05]

Caoimhghín Ó Caoláin

Ceist:

136 Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Health and Children the number of persons with medical cards in June 2004; and the number in June 2005; and if she will make a statement on the matter. [23803/05]

I propose to take Questions Nos. 124 and 136 together.

The number of persons covered by a medical card at June 2005 by county is set out in the table.

County

No. of persons covered by a medical card

Dublin

274,452

Kildare

36,709

Wicklow

27,665

Laois

16,960

Longford

12,444

Offaly

19,440

Westmeath

21,314

Clare

30,901

Limerick

49,010

Tipperary North

19,065

Cavan

18,561

Louth

34,496

Meath

29,350

Monaghan

16,042

Donegal

67,578

Leitrim

11,135

Sligo

19,227

Carlow

15,295

Kilkenny

19,458

Tipperary South

28,448

Waterford

34,850

Wexford

39,203

Cork

131,500

Kerry

41,257

Galway

65,722

Mayo

47,105

Roscommon

19,820

Total

1,147,007

The total number of persons covered by a medical card in June 2004 was 1,154,411. In the 12 month period the reduction in medical card coverage was 0.6%. This is mainly attributable to increases in household incomes and the management of the medical card databases. In January, income guidelines and allowances for dependants were increased across the board by a minimum of 7.5%. Within the past week, fundamental reform of the income assessment process has been agreed and published.

Applications for medical cards and GP visit cards will be assessed on the disposable income of the applicant or spouse, and the reasonable expenses of child care, rent or mortgage and the costs of commuting to work will also be allowed. These significant improvements are aimed at ensuring that 1.378 million persons will be entitled to medical cards and GP visit cards by the end of 2005.

Question No. 125 answered with QuestionNo. 109.

Health Service Staff.

Pat Breen

Ceist:

126 Mr. P. Breen asked the Tánaiste and Minister for Health and Children if the post for a speech and language therapist will be replaced for a school (details supplied) in County Clare; and if she will make a statement on the matter. [23793/05]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the parliamentary affairs division of the executive to have a reply issued directly to the Deputy.

Health Services.

Seán Crowe

Ceist:

127 Mr. Crowe asked the Tánaiste and Minister for Health and Children if, in view of the alarming statistics released by the Health Minister in the Northern Ireland Office on the number of persons under the age of 25 admitted to hospital in the Six Counties for alcohol related illness during 2003-2004 in circumstances in which a serious alcohol related illness was either the primary or secondary diagnosis, her Department has similar figures compiled over the past number of years; and if there has been an increase in admissions to Tallaght hospital regarding this abuse. [23794/05]

Seán Crowe

Ceist:

128 Mr. Crowe asked the Tánaiste and Minister for Health and Children if, in view of the alarming statistics released by the Health Minister in the Northern Ireland Office on the number of persons under the age of 25 admitted to hospital in the Six Counties for alcohol related illness during 2003-2004 in circumstances in which a serious alcohol related illness was either the primary or secondary diagnosis, her Department has similar figures compiled over the past number of years; and if there has been an increase in admissions to Dublin hospitals due to this abuse. [23795/05]

Seán Crowe

Ceist:

129 Mr. Crowe asked the Tánaiste and Minister for Health and Children if, in view of the concern regarding the amount of persons admitted to hospital in cases in which serious alcohol and drug abuse was either the primary or secondary diagnosis, there has been an increase in admissions to hospitals due to this abuse; and if she has plans to introduce a segregated system particularly for elderly patients in accident and emergency wards. [23796/05]

Seán Crowe

Ceist:

130 Mr. Crowe asked the Tánaiste and Minister for Health and Children if, in view of the alarming statistics released by the Health Minister in the Northern Ireland Office on the number of persons under the age of 25 admitted to hospital in the Six Counties for alcohol related illness during 2003-2004 in circumstances in which a serious alcohol related illness was either the primary or secondary diagnosis, her Department has similar figures compiled over the past number of years; and if there has been an increase in admissions to our hospitals due to this abuse. [23797/05]

I propose to take Questions Nos. 127 to 130, inclusive, together.

Details of the number of admissions to Irish psychiatric units and psychiatric hospitals for alcoholic disorders are contained in the Activities of Irish Psychiatric Services from the Health Research Board. The most recent report is for 2003. The data show that 258 persons under the age of 25, representing 12% of all admissions, were admitted as a result of alcoholic disorders in 2003.

The hospital inpatient inquiry or HIPE system is the principal source of national data on discharges from acute hospitals in Ireland. The HIPE system records the clinical condition chiefly responsible for the patient's admission to hospital care. Excessive consumption of alcohol can be a strong contributory factor in a wide variety of medical and psychiatric conditions which themselves can be a reason for admission to hospital. It is not possible to identify in many cases whether excessive alcohol consumption may be the underlying cause of admission.

The results of the alcohol and injuries study commissioned by the health promotion unit of my Department are expected to be available in the coming months. The purpose of the study was to establish the extent of alcohol related problems in the accident and emergency departments of acute hospitals. The study is expected to provide further evidence of the incidence of alcohol abuse and resultant attendance at accident and emergency departments.

Following on a separate study by the HSE eastern region, measures have been identified to reduce and eliminate inappropriate presentations at accident and emergency departments by those with alcohol problems and provide more effective and responsive services to clients. These measures include establishing a targeted response to people with alcohol problems, both underlying and explicit, who present at accident and emergency departments. Currently, many accident and emergency departments do not have the capacity or processes to respond to the alcohol issues underlying many of the presentations. The HSE eastern region is setting up a pilot project in Dublin to put these measures in place to address the needs of patients and monitor their effectiveness.

Hospital Services.

Dan Neville

Ceist:

131 Mr. Neville asked the Tánaiste and Minister for Health and Children when a sexual assault medical unit will be established in the mid-west region of the HSE. [23798/05]

I have been concerned for some time about the adequacy of services for victims of alleged sexual crime. I have therefore established a multi-disciplinary group under the chairmanship of a senior official of my Department to examine the co-ordination and delivery of services to adult and teenage victims of alleged sexual crime, determine the model of optimum delivery of service, and present its findings to me and the national steering committee on violence against women. This group is representative of service providers, voluntary organisations, the Garda, the Department of Justice, Equality and Law Reform and the HSE. I expect to have a report from the group shortly which will inform any decisions regarding the extension of existing sexual assault treatment services nationally.

Hospital Accommodation.

Caoimhghín Ó Caoláin

Ceist:

132 Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Health and Children the timetable for delivery of the additional acute hospital beds promised under the 2001 health strategy; and if she will make a statement on the matter. [23799/05]

On foot of the commitment in the health strategy, funding has been provided to open an additional 900 inpatient beds and day places in acute hospitals. Health agencies have informed my Department that on 17 June 2005, 780 beds were in place. The Health Service Executive has informed my Department that the remaining 120 beds or places will come on stream during 2005. In addition, extra beds will be provided in the new acute medical units which I announced as part of the accident and emergency services package on the publication of the Estimates for 2005.

Hospital Staff.

Caoimhghín Ó Caoláin

Ceist:

133 Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Health and Children the timetable for delivery of the additional nursing staff positions required to implement the 2001 health strategy; and if she will make a statement on the matter. [23800/05]

Quality and Fairness — A Health System for You, published in November 2001, provided a blueprint to guide planning and activity in the health system over the next seven to ten years. A key objective of the strategy is the training and recruitment of health professionals for the development and expansion of health services.

Action 101 of the strategy stated that the extra number of required staff for the health service would be recruited and that specifically, 10,000 nurses would be trained during the lifetime of the strategy. This target will be met. The Government has invested significantly in the training of nurses. The four-year nursing undergraduate degree programme started in 2002. Capital funding of €240 million has been provided for 13 new schools of nursing in the universities and institutes of technology. Revenue funding of €90 million per annum will be required on an ongoing basis as the programme reaches full complement. Since 2002 there have been 1,640 student places available each year, an increase of 70% on the 1998 figure. By the end of 2005 there will be over 6,000 students at various stages of the nursing degree programme.

The recruitment of additional staff for the expansion of existing services and the development of new services has been ongoing since the publication of the strategy. In December 2001 there were 31,426 whole time equivalent nurses employed in the public health service. By the end of December 2004 this figure had reached 34,313, an increase of 2,887 nurses in the first three years of the strategy. Further increases in the number of nurses employed will be considered in the context of new service developments.

Caoimhghín Ó Caoláin

Ceist:

134 Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Health and Children the timetable for delivery of the additional acute hospital consultant positions required to implement the 2001 health strategy; and if she will make a statement on the matter. [23801/05]

The health strategy document Quality and Fairness: a Health System for You stated that there would be substantial increases in the number of consultant posts. The number and location of these posts would later be determined by taking account of the recommendations of the national task force on medical staffing. Its report was published in 2003 and recommended that in order to meet the hospital medical staffing requirements arising from the implementation of the European working time directive, approximately 3,100 consultants should be employed by 2009 and 3,600 by 2013.

To date, 513 additional consultant posts have been created since 2000. This represents a significant increase compared with the previous five years when an additional 224 posts were approved. The provision of additional consultant posts will be progressed within the context of the restructuring of the acute hospital services and the negotiation of a new contract for hospital consultants.

Medical Cards.

Caoimhghín Ó Caoláin

Ceist:

135 Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Health and Children when the promised 200,000 doctor only medical cards will be delivered; and if she will make a statement on the matter. [23802/05]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. The HSE has placed advertisements providing details of the application process in the national press and intends to place further advertisements in the regional press over the coming week.

Those people whom the HSE deem eligible for GP visit cards will be able to visit their general practitioner without charge, and receive general practitioner services under the general medical services scheme from the date of approval of the card. Eligibility to GP visit cards will be determined by the Health Service Executive following an assessment of the income of the applicant, and spouse, if any, after tax and PRSI have been deducted. Provision for the allowance of reasonable expenses in respect of child care, rent or mortgage and commuting to work expenses has also been included.

Question No. 136 answered with QuestionNo. 124.

Hospital Services.

Caoimhghín Ó Caoláin

Ceist:

137 Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Health and Children the progress in the renegotiation of the common contract for consultants in order to deliver equity in hospital care for public patients; the contingency to deliver on this commitment if the process continues to be delayed; and if she will make a statement on the matter. [23804/05]

Preliminary talks were held in 2003 between management and the medical organisations to discuss the commencement of negotiations on a new contract for hospital consultants. Unfortunately, the opposition of these organisations to the extension of the clinical indemnity scheme to cover claims against consultants led to a decision by the Irish Hospital Consultants Association, IHCA, not to participate in further negotiations pending a resolution of the issues involved. This resulted in the commencement of talks on a new contract having to be deferred.

I am pleased that the substantive difficulties which consultants had with the establishment of the clinical indemnity scheme have now been dealt with. The Government has also given a commitment to defend the interests of consultants left without assistance by the MDU. I am confident that the medical organisations will re-enter negotiations with the Health Service Executive on a new contract for hospital consultants at an early date.

Health Services.

Caoimhghín Ó Caoláin

Ceist:

138 Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Health and Children the progress on the delivery of the primary care elements of the 2001 health strategy; and if she will make a statement on the matter. [23805/05]

The health strategy, entitled Quality and Fairness, acknowledged the central role of primary care in a modern health service. In recognition of this central focus on primary care services a separate strategy document, entitled Primary Care: A New Direction, was published in November 2001. The strategy sets out the Government's vision for integrated team based primary care services and provides a template for their development over a period of ten to 15 years.

Following the launch of the strategy a small task force was established in my Department to give an initial impetus to implementation. My Department continues to drive the implementation of the primary care strategy and to develop policy in this regard. The implementation process is overseen by the national primary care steering group, which is representative of the broad range of stakeholders, and considerable work has been undertaken by the former health boards to advance implementation.

There are three broad approaches required to enable the primary care strategy to be implemented. These are: revenue and capital investment by the State to deliver additional services in primary care; the substantial reorganisation of the resources already within the health services; and a structured role for the private sector in the development of facilities and possibly also the delivery of services.

An initial ten primary care teams have been developed, with funding to enable existing staff resources within the public system to be augmented with additional health professionals. These teams are intended to demonstrate the primary care model in action and also to enable practical experience to be gained of the process involved in developing a primary care team and providing an expanded range of services.

Work has already been undertaken by the former health boards to map out the proposed numbers, locations and configurations of future primary care teams and networks and the resource requirements associated with these. The Health Service Executive must complete this task to provide a firm basis for the future organisation of resources within the new unified health delivery system of the Health Service Executive, and incorporating the significant numbers of staff and contractors already involved in the delivery of primary care services.

The Government has supported the development of out of hours co-operatives to provide the benefits of reliable out of hours services to the public. Between 2000 and 2004, a total of €72.882 million was allocated to the former health boards for out of hours co-operatives nationally and, in 2005, €31.98 million has been included in the baseline funding to the Health Service Executive, which includes €6.5 million of additional funding.

In 2005, an additional €5 million in revenue funding has been provided to support the implementation of the strategy, bringing total ongoing additional revenue funding to €12 million per annum. To date, capital funding of €2.725 million and a further €1.8 million in respect of information and communications technology supports have been provided to facilitate the provision of appropriate facilities and ICT supports for the initial primary care teams.

Work is almost complete on a strategy and action plan on information and communications technology, ICT, for primary care. This will provide a basis for the development of ICT systems which support interdisciplinary primary care and which also facilitate the delivery of care in an integrated way across all sectors within the health service.

It is clear that the existing network of community health centres and general practice premises is not adequate to meet the needs of primary care teams. To ensure that appropriate facilities are developed on the required scale, resources other than those of the Exchequer will be required and, indeed, this is in line with the historic practice, whereby there has been a mix of public and private facilities provision with, for example, general practitioners in many cases funding their own practice premises. In this regard, the strategy emphasises the need to gain full benefit from existing buildings and to fully explore opportunities for private investment and public private partnerships in implementing the development programme.

Many primary care services are already delivered by private and non-State contractors. I am committed to developing policy which will stimulate private sector investment in developing facilities and services and also support much enhanced collaborative working between the public and private sectors. My Department is considering how this agenda can be advanced so as to harness the undoubted potential within the non-State sector and so enable and support the delivery of integrated primary care services in line with national policy.

Enda Kenny

Ceist:

139 Mr. Kenny asked the Tánaiste and Minister for Health and Children the person who, according to the records of her Department, was the owner of a medical facility (details supplied); and if she will make a statement on the matter. [23806/05]

Enda Kenny

Ceist:

140 Mr. Kenny asked the Tánaiste and Minister for Health and Children if the former inspector of mental hospitals conducted an investigation into a complaint made by a person (details supplied); if so, the outcome of this investigation; if not, if any other investigation was conducted and the outcome of such investigation; and if she will make a statement on the matter. [23807/05]

Enda Kenny

Ceist:

141 Mr. Kenny asked the Tánaiste and Minister for Health and Children if her Department has received a request to meet a person (details supplied); if she requested that the Secretary General of the Department of Health and Children meet with a person when she was Minister for Enterprise, Trade and Employment; if such a meeting has taken place; and if she will make a statement on the matter. [23808/05]

Enda Kenny

Ceist:

142 Mr. Kenny asked the Tánaiste and Minister for Health and Children the action her Department has taken in respect of a complaint (details supplied); and if she will make a statement on the matter. [23809/05]

I intend to take Questions Nos. 139 to 142, inclusive, together.

The individual referred to by the Deputy first contacted the Department of Health and Children about her care and treatment in a private psychiatric hospital and about access to her medical records. On investigation it was found that the private hospital involved had closed in 1996 and the Department was informed that the medical records had been destroyed. The individual was so advised. The Deputy was informed of the identity of the former owner and administrator of the hospital by the Tanáiste in correspondence dated 31 May 2004.

The investigation of alleged professional misconduct of a medical practitioner is a matter for consideration by the Medical Council. Therefore, the individual's complaint about a medical practitioner was not a matter which could have been pursued by the former inspector of mental hospitals or the Department. The Medical Council is an autonomous statutory body established by the Medical Practitioners Act 1978. Furthermore, the Department of Health and Children has no function concerning records, or the amending of records, held by the Medical Council. The individual referred to by the Deputy has been so informed many times.

On foot of a request for a meeting with him, the then Secretary General wrote to the individual involved on 31 October 2003 and strongly recommended that she make contact with the then inspector of mental hospitals who was available to meet with her. This contact did not happen.

It is regretted that it has not been possible to resolve matters to the individual's satisfaction. However, I am satisfied that everything possible has been done to assist and that her complaints have been addressed in so far as possible by the Department. The Department now considers the matter closed and the individual has been so informed.

Parliamentary Questions.

Denis Naughten

Ceist:

143 Mr. Naughten asked the Tánaiste and Minister for Health and Children if she will furnish a reply to Parliamentary Question No. 117 of 25 May 2005; the reason for the delay in responding; and if she will make a statement on the matter. [23810/05]

In response to the Deputy's Question of 25 May 2005, I advised that the Health Service Executive has the responsibility to manage and deliver, or arrange to be delivered on its behalf, health and personal social services, including responsibility for the provision of hospital services for people who have suffered strokes, and that my Department had requested the director of the executive's national hospitals' office to investigate the matter raised and reply directly to the Deputy.

My Department has been in touch with the national hospitals' office and is advised that a detailed response issued to the Deputy on 28 June.

Denis Naughten

Ceist:

144 Mr. Naughten asked the Tánaiste and Minister for Health and Children if she will furnish a reply to Parliamentary Question No. 149 of 31 May 2005; the reason for the delay in responding; and if she will make a statement on the matter. [23811/05]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has again requested the parliamentary affairs division of the executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Denis Naughten

Ceist:

145 Mr. Naughten asked the Tánaiste and Minister for Health and Children if she will furnish a reply to Parliamentary Question No. 247 of 15 February 2005; and if she will make a statement on the matter. [23812/05]

I understand that the Health Service Executive has now provided the Deputy with the information required in respect of Galway Regional Hospital and Roscommon County Hospital. My Department has asked the Health Service Executive to provide the information requested in respect of Mayo General Hospital as a matter of urgency.

Medical Aids and Appliances.

John Cregan

Ceist:

146 Mr. Cregan asked the Tánaiste and Minister for Health and Children the situation regarding the provision of medical aids (details supplied); if they are provided free or otherwise; if it depends on whether the person is on amedical card or the €85 per month prescription-medication scheme; and if she will make a statement on the way in which help towards ESB charges is processed. [23814/05]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the parliamentary affairs division of the executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Health Services.

John Cregan

Ceist:

147 Mr. Cregan asked the Tánaiste and Minister for Health and Children if she will examine the case of a person (details supplied) in Dublin 11. [23815/05]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department is requesting the parliamentary affairs division of the executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Medical Aids and Appliances.

John Cregan

Ceist:

148 Mr. Cregan asked the Tánaiste and Minister for Health and Children if she will make a statement on perceived delays with the processing of applications and the completion of same for hearing aids; and the estimate of the average length of time to supply hearing aids from the start of an application process. [23817/05]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the parliamentary affairs division of the executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Health Service Staff.

John Cregan

Ceist:

149 Mr. Cregan asked the Tánaiste and Minister for Health and Children the number of orthodontists now fully trained and practising in the sponsored training scheme; the length of time they are tied to working in the public service; the locations at which they are working and the progress which has been made on waiting lists; the cost of installation of new clinics; the reason it is not working efficiently; the action being taken to sort out industrial relations and-or personality issues; when treatment will be provided to persons (details supplied); and if she will make a statement on the matter. [23818/05]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the parliamentary affairs division of the executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Infectious Diseases.

John Cregan

Ceist:

150 Mr. Cregan asked the Tánaiste and Minister for Health and Children the situation in relation to medical screening of persons who arrive here from areas of infections; if tests or screening are voluntary or compulsory; the screening which is available; if it is part of any legislation or status granting procedure; the period within which it is offered or carried out, from arrival; the way in which procedures here compare with other EU jurisdictions; and the EU countries which have compulsory screening in total or part. [23819/05]

I assume the Deputy is referring to infectious diseases screening for asylum seekers. Since May 2000, screening in respect of specific infectious diseases has been offered to asylum seekers on a voluntary and confidential basis, free of charge, shortly after their arrival in this country. The purpose of screening is to detect and treat certain infectious diseases in the interests of the asylum seekers themselves and their families, as well as the community in general.

Initial screening usually takes place in Dublin where asylum seekers may reside following arrival in this country and continues when they are relocated to other HSE regions. Those who do not receive screening in Dublin are offered this service following relocation. The guidelines relating to infectious disease screening recommend screening is provided for the following diseases: TB, hepatitis B and, where appropriate, HIV, polio and varicella zoster or chicken pox.

In the time available, it has not been possible to establish the precise screening regimes in other EU jurisdictions. However, in so far as my Department is aware, our screening policy is broadly in line with that in other EU member states.

Health Sector Reports.

John Cregan

Ceist:

151 Mr. Cregan asked the Tánaiste and Minister for Health and Children the reports, publications and other data available for students studying health sector procurement of pharmaceuticals; the way in which they can be obtained in each case. [23820/05]

This matter is not within the remit of my Department. There are a number of organisations which may be able to provide information on this topic, including the National Medicines Information Centre, the National Centre for Pharmaco-economics, the Pharmaceutical Society of Ireland, the Irish Pharmaceutical Healthcare Association, the Association of Pharmaceutical Manufacturers in Ireland, the Irish Medicines Board and the European Medicines Evaluation Agency.

Health Services.

John Cregan

Ceist:

152 Mr. Cregan asked the Tánaiste and Minister for Health and Children the dental benefits available to a pensioner on an over-70 medical card; if all dental services are available free of charge; if the free service is for basic dentistry only; if she will outline same; if it is in order for a dentist to charge for services or to make top up charges; and if she will make a statement on the matter. [23821/05]

A range of dental services for adult medical card holders is available under the dental treatment services scheme, DTSS, from participating dentists holding contracts with the Health Service Executive, HSE. The treatments provided include examinations, prophylaxis, fillings, extractions, dentures and x-rays.

The scheme is administered by the HSE primary care reimbursement service on behalf of the HSE and it is monitored at a local level by principal dental surgeons with a regional responsibility for the DTSS. It is not in order for a dentist to charge medical card holders for services that are available under the DTSS.

Seán Ryan

Ceist:

153 Mr. S. Ryan asked the Tánaiste and Minister for Health and Children if she will report on the refunds due to the family of a person (details supplied). [23822/05]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the parliamentary affairs division of the executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Medical Cards.

Richard Bruton

Ceist:

154 Mr. Bruton asked the Tánaiste and Minister for Health and Children if she will report on the new guidelines for the issue of medical cards and doctor only cards; if she will define the concept of net income which will in future be used and the new system for dealing with expenses on mortgage and rent, travel to work costs and child care costs; and the allowance for children which will in future be made. [23823/05]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive, HSE, under the Health Act 2004. The HSE has placed advertisements providing details of the application process in the national press and intends to place further advertisements in the regional press over the coming week.

The determination of eligibility of applications for medical cards is statutorily vested in the HSE. In determining eligibility, the chief executive officer, or a delegated officer, will have regard to the financial circumstances and medical needs of the applicant and spouse, if any. Recent changes introduced by the HSE will mean that household income, after deductions in respect of PRSI and tax have been made, will be assessed when determining eligibility. Also provision will be made for reasonable expenses in respect of child care, rent or mortgage and commuting to work expenses.

Medical cards may be made available by the HSE where guidelines are exceeded in circumstances, for example, where there is particular need for medical services. A medical card may be issued to all or some members of a family. However, in all cases, the decision is a matter for the HSE. In assessing a person's eligibility, every aspect of an individual's financial means and medical expenses are carefully examined to ensure that no financial hardship is caused by the executive's refusal to grant a medical card in any particular case. Those people whom the HSE deems to be eligible for GP cards will be able to visit their general practitioner without charge and receive general practitioner services under the general medical services scheme.

It should be noted that the income guidelines used by the HSE for the purpose of assessment of medical card applications were increased from 1 January 2005 by 7.5%. The income guidelines to be used to assess applications for GP visit cards will be up to a further 25% higher than those for assessing full medical card eligibility.

Health Services.

John Cregan

Ceist:

155 Mr. Cregan asked the Tánaiste and Minister for Health and Children the situation regarding persons (details supplied); if any fast track system will be set up for same; and if she will make a statement on the matter. [23824/05]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department is requesting the parliamentary affairs division of the executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Medical Waste Disposal.

Richard Bruton

Ceist:

156 Mr. Bruton asked the Tánaiste and Minister for Health and Children her views on the report on the management of waste by hospitals; if she plans to introduce a practice of good waste management and targets for waste management performance; if she intends to investigate the significant cost element which waste management represents for hospitals; and if she will make a statement on the matter. [23825/05]

I welcome the report of the Comptroller and Auditor General on waste management in hospitals. The principles outlined in my Department's 1994 health services waste policy and later segregation packaging and storage guidelines for health care risk waste, are consistent with the recommendations of the report.

While the cost of good waste management in the health services may be significant, the health services have a responsibility to ensure that waste management practices are upheld to a high standard in the interest of maintaining good health and safety standards and reducing the impact from waste generation on the environment. My Department will advise the Health Service Executive to ensure that, where deficiencies have been identified, the good practice recommendations in the Comptroller and Auditor General's report will be adopted and acted upon.

Richard Bruton

Ceist:

157 Mr. Bruton asked the Tánaiste and Minister for Health and Children the costs of waste management in each hospital nationwide since 2000 to date, distinguishing between risk and non-risk waste. [23826/05]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. This includes responsibility for collating the information sought by the Deputy. Accordingly, my Department has requested the parliamentary affairs division of the executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Investigation of Death.

Fergus O'Dowd

Ceist:

158 Mr. O’Dowd asked the Tánaiste and Minister for Health and Children if she will carry out an urgent investigation into the death of a person (details supplied); and if she will make a statement on the matter. [23827/05]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. The executive has informed the Department that the HSE northern area has made arrangements to review all deaths both of residents at Leas Cross or on immediate transfer to acute hospitals. This will involve a review of the medical and-or nursing files in the first instance. This review is being undertaken independently by a professor in geriatric medicine.

Hospitals Building Programme.

Denis Naughten

Ceist:

159 Mr. Naughten asked the Tánaiste and Minister for Health and Children the reason funding was not approved for capital projects (details supplied) at Portiuncula Hospital, Ballinasloe; and if she will make a statement on the matter. [23828/05]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. This includes responsibility for considering existing or new capital proposals for the health capital programme. Accordingly, my Department has requested the parliamentary affairs division of the executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Health Services.

Damien English

Ceist:

160 Mr. English asked the Tánaiste and Minister for Health and Children if her attention has been drawn to the fact that district nurses in County Meath are being forced to cut home help hours for the elderly and needy due to constraints beyond their control; her views on same; if she will provide extra funding to alleviate this ever increasing problem; and if she will make a statement on the matter. [23829/05]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, the Department has requested the parliamentary affairs division of the executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Damien English

Ceist:

161 Mr. English asked the Tánaiste and Minister for Health and Children the reason a person (details supplied) in County Meath has had home help hours cut; if she will review the case; and if she will make a statement on the matter. [23830/05]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, the Department has requested the parliamentary affairs division of the executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Damien English

Ceist:

162 Mr. English asked the Tánaiste and Minister for Health and Children the reason a person (details supplied) has had home help hours cut; if she will review the case; and if she will make a statement on the matter. [23831/05]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, the Department has requested the parliamentary affairs division of the executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

John Perry

Ceist:

163 Mr. Perry asked the Tánaiste and Minister for Health and Children if her attention has been drawn to the circumstances outlined in correspondence (details supplied); if she will address the concerns raised; and if she will make a statement on the matter. [23832/05]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the parliamentary affairs division of the executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy

Nursing Home Charges.

Denis Naughten

Ceist:

164 Mr. Naughten asked the Tánaiste and Minister for Health and Children if persons with an intellectual disability who availed of respite care and who were charged for this service are not eligible for a refund if they are in receipt of a medical card; if so, when this repayment will be made; and if she will make a statement on the matter. [23835/05]

The Government has agreed the key elements of a scheme for the repayment of long stay charges. All those who were illegally charged for publicly funded long-term residential care 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 repayment will apply to all those who were illegally charged, including those in receipt of payments other than the non-contributory old age pension. The scheme will not provide 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 CPI, since the time the person involved was charged.

Legislation will be brought before the Oireachtas in the autumn to underpin the scheme. One of the objectives of the legislation will be to put in place procedures which will protect vulnerable people from exploitation given that significant repayments in some cases will be paid to them.

An outside company with experience in handling mass claims will be engaged to design and manage the scheme within the parameters of the key principles approved by Government. The Health Services Executive is finalising an advertisement in the Official Journal to obtain expressions of interest from companies that would design and manage the repayments scheme. The company selected will work closely with the HSE to ensure that co-operation is forthcoming on records held by the health agencies. It is anticipated that a company will be selected over the summer and will begin work in early autumn on the design of the scheme.

I have appointed an oversight committee to monitor the implementation of the repayment scheme. The committee will be chaired by Dr. Bernard Walsh, a geriatrician in St. James's Hospital, and its task will be to ensure that proper governance is applied by the HSE and the company to 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.

The legislation will include appropriate safeguards to prevent exploitation of those who receive repayments and are not in a position to manage their own financial affairs. 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 one-off service improvements in elderly, mental health and disability services.

The national helpline set up by the Health Services Executive to allow people to register if they believe they are due a repayment will continue to operate but 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. Any person who considers that they or a family member may be eligible for repayment may register their interest in advance with the Health Service Executive, by writing to the National Refund Scheme, HSE Midland Area, Arden Road, Tullamore, County Offaly, or e-mail to refundscheme@mailq.hse.ie or by calling the helpline 1800 777737 during office hours.

Vaccination Programme.

Denis Naughten

Ceist:

165 Mr. Naughten asked the Tánaiste and Minister for Health and Children the number of children who received an out of date polio vaccine in 1998 and who have now been re-vaccinated; and if she will make a statement on the matter. [23834/05]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the parliamentary affairs division of the executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Health Service Allowances.

Denis Naughten

Ceist:

166 Mr. Naughten asked the Tánaiste and Minister for Health and Children the eligibility criteria for the domiciliary care allowance; if persons with diabetes are eligible; and if she will make a statement on the matter. [23836/05]

The domiciliary care allowance or DCA was introduced in 1973 by way of circular 24/73 and is payable under section 61 of the Health Act 1970. The DCA is a monthly allowance administered by Health Service Executive areas and may be paid in respect of eligible children from birth to the age of 16 years who have a severe disability requiring continual or continuous care and attention which is substantially in excess of that normally required by a child of the same age. The condition must be likely to last for at least one year.

Eligibility is determined primarily by reference to the degree of additional care and attention required by the child rather than to the type of disability involved, subject to a means test. While no condition is debarred, conditions such as asthma, diabetes or epilepsy are not normally considered unless there is a very high degree of additional care and attention required. It is a matter for the senior area medical officer or other designated medical officer in the relevant community care area to decide whether a child qualifies for DCA on medical grounds.

Since the allowance is intended as a recognition of the additional burden involved in caring for children with a severe disability in the child's home, it does not apply to children who are maintained full-time in residential homes, schools or other institutions. Eligible children in part-time residential care who go home at weekends or holidays may receive a pro rata payment, that is, a nightly rate based on the number of nights spent at home. The nightly rate is equal to the monthly rate multiplied by 12 and divided by 365.

However, the allowance is paid in full in cases where eligible children who live full-time at home are absent for a period or periods of not more than eight weeks in any 12 month period, that is, hospital admissions or respite.

Hospital Services.

Denis Naughten

Ceist:

167 Mr. Naughten asked the Tánaiste and Minister for Health and Children if the HSE has appointed a third consultant radiation oncologist; if there are plans to provide an outreach service at the County Hospital, Roscommon; and if she will make a statement on the matter. [23837/05]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the parliamentary affairs division of the executive to have this matter investigated and to have a reply issued directly to the Deputy.

Hospital Staff.

Denis Naughten

Ceist:

168 Mr. Naughten asked the Tánaiste and Minister for Health and Children if the HSE has received approval from Comhairle na nOspideal to appoint a third physician to the County Hospital, Roscommon; the reason for the delay; and if she will make a statement on the matter. [23838/05]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the parliamentary affairs division of the executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Experiments on Animals.

John Gormley

Ceist:

169 Mr. Gormley asked the Tánaiste and Minister for Health and Children if she will accept a ban on the use of all non-human primates and dogs and cats in animal experiments here, regardless if whether they are used in regulatory toxicology in Ireland; the institutions at which they are used; the number of animals of each species which are used every year; and if she will make a statement on the matter. [23839/05]

While it is not the practice in Ireland to license experiments involving the use of primates, there are no plans at present to introduce legislation in this regard. I have arranged to make the 1999 and 2002 statistics on the use of animals for experimental and other scientific purposes available to the Deputy; these include data on cats and dogs used in toxicological and other safety evaluations. The 2002 statistics are also available on my Department's website www.dohc.ie. These statistics are compiled in accordance with the requirements of the European Commission. Information on individual licence applications relating to experimental animals held at specific registered premises is provided in confidence and is treated as such by my Department.

The use of live animals in scientific research and other experimental activity is strictly controlled in accordance with the Cruelty to Animals Act 1876 as amended by the European Communities (Amendment of Cruelty to Animals Act, 1876) Regulations 2002. The Act, as amended, gives full effect to European Council Directive 86/609/EEC on the protection of experimental animals and ensures that Ireland is fully in line with European standards for the welfare of experimental animals. One of the objectives of the directive is to reduce the numbers of animals used for experiments by encouraging the development and the validation of alternative methods to replace animal methods. The Act provides, inter alia, that an experiment shall not be performed if another scientifically satisfactory method of obtaining the result sought, not entailing the use of an animal, is reasonably and practicably available.

The European Commission has established the European Centre for the Validation of Alternative Methods, ECVAM, to promote the scientific and regulatory acceptance of alternative methods which are of importance to the biosciences and which reduce, refine or replace the use of laboratory animals. Ireland supports the work of ECVAM and is represented on its scientific committee.

Services for People with Disabilities.

John Gormley

Ceist:

170 Mr. Gormley asked the Tánaiste and Minister for Health and Children the areas which the proposed special services inspectorate will deal with in the disability sector. [23841/05]

In accordance with the National Health Strategy, Quality and Fairness: A Health System for You it is intended to extend the remit of the social services inspectorate to include residential care for people with disabilities.

Experiments on Animals.

John Gormley

Ceist:

171 Mr. Gormley asked the Tánaiste and Minister for Health and Children if the mouse LD50 test is still used by pharmaceutical companies which produce and test botulinum toxin here; if so, the reason this test has not been replaced by the non-animal method described in the European Pharmacopoeia; the number of animals of each species which are used in regulatory toxicology here each year; and the institutions at which they are used. [23840/05]

While three botulinum toxin medicinal products are authorised for marketing in Ireland, only one, botox, is produced and tested in Ireland. I am advised by the Irish Medicines Board that the only potency test currently available for defining the strength of botulinum toxin products is the LD50 test in mice; therefore, this test continues to be used. In regard to possible alternative tests, it is important to note that the development of any such test must, according to the European Pharmacopoeia, include validation, that is, experimental proof that any new test is equivalent to the LD50 test in terms of analytical performance. I am advised by the Irish Medicines Board that manufacturers are conducting development studies of this nature but the outcome of these studies, which by their nature take a considerable length of time to complete, cannot be predicted.

The use of live animals in scientific research and other experimental activity is strictly controlled in accordance with the Cruelty to Animals Act 1876 as amended by the European Communities (Amendment of Cruelty to Animals Act, 1876) Regulations 2002. The Act, as amended, gives full effect to European Council Directive 86/609/EEC on the protection of experimental animals and ensures that Ireland is fully in line with European standards for the welfare of experimental animals. One of the objectives of the directive is to reduce the numbers of animals used for experiments by encouraging the development and the validation of alternative methods to replace animal methods. The Act provides, inter alia, that an experiment shall not be performed if another scientifically satisfactory method of obtaining the result sought, not entailing the use of an animal, is reasonably and practicably available.

As part of the licence application process, applicants must indicate that the use of alternatives has been fully considered prior to applying for a licence. The experimental procedure for which a licence is being sought must be certified as being essential and that there is no alternative method reasonably and practicably available. This certification must be performed by two qualified persons of professorial standing, from a relevant scientific, medical or veterinary discipline.

I have arranged to make the 1999 and 2002 statistics on the use of animals for experimental and other scientific purposes available to the Deputy. These include data on the use of the LD50 test. The 2002 statistics are also available on the Department's website www.dohc.ie. These statistics are compiled in accordance with the requirements of the European Commission. Information on individual licence applications relating to experimental animals held at specific registered premises is provided in confidence and is treated as such by my Department.

Health Services.

John Gormley

Ceist:

172 Mr. Gormley asked the Tánaiste and Minister for Health and Children her views on whether centralising oncology services does not work (details supplied). [23842/05]

The Government is committed to making the full range of cancer services available and accessible to cancer patients throughout Ireland in line with best international standards. It is important to build teams of highly expert clinicians working together to deliver top quality cancer care to cancer patients. To this end, we will provide considerable investment in oncology services in the coming years.

The national cancer forum is currently finalising a new national cancer strategy. The strategy has been developed in consultation with the major stakeholders, professional and voluntary groups and the general public and will have regard to the multi-faceted aspects of cancer control. The strategy will set out the key priorities for the development of cancer services over the coming years and will make recommendations on a balanced organisation of cancer services nationally, with defined roles for hospitals in the delivery of cancer care. It is anticipated that this work will be completed in the autumn.

Health Service Staff.

John Gormley

Ceist:

173 Mr. Gormley asked the Tánaiste and Minister for Health and Children if her attention has been drawn to the serious situation which exists in Government funded institutions in the intellectual disability sector; if staff working in these institutions have Garda clearance, such as for those working with children; the way in which the safety of staff is being addressed, particularly in the case of an allegation of abuse, sexual or otherwise, being made against a member of staff; and if she will make a statement on the matter. [23843/05]

Garda clearance arrangements currently apply in respect of candidates for paid employment in the health services where they would have access to children and vulnerable individuals. This includes services in respect of children and vulnerable adults provided by external agencies but funded by the Health Service Executive, HSE.

Under procedures agreed in 1994 and 1995, Garda clearance requests for agencies funded by the Health Service Executive are processed through the relevant HSE area. This procedure conforms with a recommendation of the working group on Garda vetting 2004 on which my Department was represented.

As the other matters raised by the Deputy relate to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004, my Department has requested the parliamentary affairs division of the executive to arrange to have the matters investigated and have a reply issued directly to the Deputy.

Medical Cards.

Mary Wallace

Ceist:

174 Ms M. Wallace asked the Tánaiste and Minister for Health and Children if her attention has been drawn to the fact that children with cerebral palsy have extra medical costs and that it is important that such needs are covered by a medical card; the reason a person (details supplied) has such costs covered by a medical card from age two to 13 years and has had the card removed with no substantial change in family income or circumstances to warrant the case being treated differently from the previous 11 years; and if she will make a statement on the matter. [23845/05]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the parliamentary affairs division of the executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Health Services.

Gay Mitchell

Ceist:

175 Mr. G. Mitchell asked the Tánaiste and Minister for Health and Children the number of parliamentary questions tabled by this Deputy to her since June 2004 which were referred to the chief executive of health boards or the health service executive and to which he has not yet received a reply; and if she will make a statement on the matter. [23848/05]

Since June 2004, the Deputy has tabled 29 parliamentary questions concerned with matters which are properly the responsibility of the Health Service Executive, from I January 2005, and previously of the Eastern Regional Health Authority. It is the practice in my Department to forward such questions immediately to the agency concerned and to request that the matter be examined and a reply issued directly to the Deputy as speedily as possible.

The Health Service Executive recently established a parliamentary affairs division to act as a central contact for all Oireachtas requests relating to matters within its statutory remit. A key function of the division is to monitor, throughout the executive's national directorates and administrative areas, the timeliness of replies and to initiate any necessary follow up action relating to the issue of replies. In the time available, inquiries made by my Department indicate that replies have issued to the Deputy in most of the cases concerned and the remainder are currently being processed for the purpose of preparing replies. However, my Department has asked the parliamentary affairs division of the executive to ascertain the precise position in regard to the replies to the Deputy's questions and to write to him in the matter.

Hospital Services.

Liz McManus

Ceist:

176 Ms McManus asked the Tánaiste and Minister for Health and Children her plans and proposals for funding for improvements at St. Columcille’s Hospital, Loughlinstown; when they were received by her Department; and if she will make a statement on the matter. [23849/05]

Ciarán Cuffe

Ceist:

198 Mr. Cuffe asked the Tánaiste and Minister for Health and Children the reason the CAT scanner in Loughlinstown Hospital is not available after certain hours; and if she will make a statement on the matter. [24069/05]

I propose to take Questions Nos. 176 and 198 together.

The Deputys' questions relate to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department is requesting the parliamentary affairs division of the executive to arrange to have these matters investigated and to have a reply issued directly to the Deputies.

Departmental Expenditure.

Liz McManus

Ceist:

177 Ms McManus asked the Tánaiste and Minister for Health and Children the percentage of GDP spent on the health budget in total and less all social spending which is not included in health budgets in other EU countries; and if she will make a statement on the matter. [23850/05]

The latest information available from the OECD database is for 2002. Table A attached shows total public expenditure on health. Table B shows total public and private expenditure on health. The Deputy may also wish to note that since 2002 the real growth in publicly funded health spending in Ireland has been about 37%.

Table A: % of Gross Domestic Product. Public Expenditure on Health.

Countries

2002

Netherlands

n/a

Germany

8.6

Sweden

7.9

France

7.4

Denmark

7.3

Ireland (GNP)

6.8

Belgium

6.5

Portugal

6.5

Italy

6.4

United Kingdom

6.4

Finland

5.5

Ireland (GDP)

5.5

Austria

5.4

Spain

5.4

Luxembourg

5.3

Greece

5.0

Average % (GDP)

6.4

Table B: % of Gross Domestic Product. Total Expenditure on Health.

Countries

2002

Germany

10.9

France

9.7

Greece

9.5

Portugal

9.3

Sweden

9.2

Netherlands

9.1

Belgium

9.1

Ireland (GNP)

9.0

Denmark

8.8

Italy

8.5

United Kingdom

7.7

Austria

7.7

Spain

7.6

Ireland (GDP)

7.3

Finland

7.3

Luxembourg

6.2

Average % (GDP)

8.5

Health Services.

Liz McManus

Ceist:

178 Ms McManus asked the Tánaiste and Minister for Health and Children the reason a parliamentary question about home help hours on a county basis for the past three years has still not been answered; and if she will make a statement on the matter. [23851/05]

As the issue raised by the Deputy in Parliamentary Question No. 83 of 12 May 2005 related to the management and delivery of health and personal social services, the Department wrote requesting that the national director for primary, community and continuing care at the Health Service Executive investigate the matter raised and reply direct to the Deputy. The parliamentary affairs division of the executive has informed the Department that it is still collating the data and that it will reply to the Deputy as soon as the information is to hand.

Hospital Services.

Arthur Morgan

Ceist:

179 Mr. Morgan asked the Tánaiste and Minister for Health and Children if there is co-operation between the HSE north east region and Louth Hospital support group in respect of fundraising for the purchase of a CT scanner for the Louth County Hospital; the level of co-operation which is in place; and if there is no co-operation between these parties, the reason therefor. [23852/05]

Arthur Morgan

Ceist:

180 Mr. Morgan asked the Tánaiste and Minister for Health and Children if the Louth Hospital support group purchases a CT scanner for the Louth County Hospital, if her Department will provide adequate personnel to operate and maintain the equipment. [23853/05]

I propose to take Questions Nos. 179 and 180 together.

The Deputy's questions relate to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department is requesting the parliamentary affairs division of the executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Willie Penrose

Ceist:

181 Mr. Penrose asked the Tánaiste and Minister for Health and Children if a person (details supplied) in County Longford will be admitted for a PET scan at St. Vincent’s Hospital, Dublin; and if she will make a statement on the matter. [23854/05]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department is requesting the parliamentary affairs division of the executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Health Services.

Seán Ryan

Ceist:

182 Mr. S. Ryan asked the Tánaiste and Minister for Health and Children if the lack of services available to a person (details supplied) in County Dublin will be addressed. [23855/05]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the parliamentary affairs division of the executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Hospital Services.

Róisín Shortall

Ceist:

183 Ms Shortall asked the Tánaiste and Minister for Health and Children when a person (details supplied) in Dublin 9 will receive an appointment at the National Rehabilitation Hospital, Dún Laoghaire, County Dublin, for the fitting of a prosthetic leg. [23856/05]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the parliamentary affairs division of the executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Mental Health Services.

Dan Boyle

Ceist:

184 Mr. Boyle asked the Tánaiste and Minister for Health and Children if she will report on the work of the expert group on mental health policy to date; and if the anticipated target of 2005 for completing a new national policy framework for mental health services will be met. [23857/05]

The expert group on mental health policy was established in August 2003 to prepare a new national policy framework for the mental health services, updating the 1984 policy document Planning for the Future. I am informed that the group has had a number of intensive meetings recently and is on target to complete its work and publish its report later this year.

Medical Cards.

Dan Boyle

Ceist:

185 Mr. Boyle asked the Tánaiste and Minister for Health and Children if it is anticipated at any stage to change the current medical card assessment for persons with disabilities (details supplied). [23858/05]

The determination of eligibility of applicants for a medical card is statutorily vested in the Health Service Executive. Accordingly, the HSE is responsible for deciding on the frequency of reviews of eligibility of medical card holders. Reviews are necessary to ensure medical card databases are accurate, up to date and satisfy public accountability obligations.

A working group was set up by the former Health Board Executive Group, HeBe, to modernise schemes, including the medical card scheme. This group continues under the HSE and its aim is to make the schemes more easily accessible. The frequency of reviews is one of the topics being considered.

Health Services.

Dan Boyle

Ceist:

186 Mr. Boyle asked the Tánaiste and Minister for Health and Children the reason for the delay in establishing a neurology service in the south east (details supplied). [23859/05]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the parliamentary affairs division of the executive to reply directly to the Deputy.

Arthur Morgan

Ceist:

187 Mr. Morgan asked the Tánaiste and Minister for Health and Children if she has satisfied herself with the level of health care that is being provided to a person (details supplied) in County Dublin by the health service; if her attention has been drawn to a number of concerns regarding that care. [23862/05]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, the Department has requested the parliamentary affairs division of the executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Gay Mitchell

Ceist:

188 Mr. G. Mitchell asked the Tánaiste and Minister for Health and Children, further to Parliamentary Question No. 96 of 16 December 2004, the steps she has taken to assist a school principal (details supplied) in their efforts to have a pupil receive speech and language therapy to ensure academic progress; and if she will make a statement on the matter. [23863/05]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the parliamentary affairs division of the executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Childhood Obesity.

John Gormley

Ceist:

189 Mr. Gormley asked the Tánaiste and Minister for Health and Children if monosodium glutamate is in childhood vaccines; if it has affected obesity rates in children; the steps she proposes to reduce these rates; and if she will make a statement on the matter. [23864/05]

The Irish Medicines Board, IMB, which has statutory responsibility for licensing all pharmaceutical products for use in Ireland, has provided the following information regarding monosodium glutamate.

Monosodium Glutamate is contained in the BCG vaccine SSI and amino acids — monosodium glutamate is an amino acid — are present in Priorix, MMR vaccine. Residues of monosodium glutamate may be present as part of the manufacturing process but a detailed review of the manufacturing file would be necessary to determine this. Nevertheless, I am advised that the amount of monosodium glutamate present in the vaccines, if detectable at all, would only be present in tiny amounts and the effect on obesity in children would be minimal.

More generally, the national task force on obesity presented its report, Obesity — the Policy Challenges, to the Taoiseach on 16 May 2005. The report contains 93 recommendations. These relate to actions across six broad sectors: high level Government; education; social and community; health; food commodities — production and supply; and the physical environment. The report highlights the need for "joined-up" policy, cross-collaboration between all key stakeholders and real practical engagement by both the public and the private sectors.

My colleague, the Minister of State at the Department of Health and Children, Deputy Seán Power, will shortly present the report to Cabinet.

John Gormley

Ceist:

190 Mr. Gormley asked the Tánaiste and Minister for Health and Children if monosodium glutamate is a dangerous and addictive substance; if it has affected obesity rates in children; the steps she has proposed for the reduction of intake of this substance; and if she will make a statement on the matter. [23865/05]

Monosodium glutamate, MSG, is a food additive whose main function is to enhance flavours. MSG is authorised for use in all member states of the European Union, including Ireland, under Directive No 95/2/EC on food additives other than colours and sweeteners, as amended, which has been transposed into Irish law by the European Communities (Food Additives other than Colours and Sweeteners) Regulations 2004, S.I. No. 58 of 2004.

MSG was authorised following a rigorous safety assessment by the EU scientific committee on food, SCF. It has also been evaluated by other national and international food safety organisations, including the Joint Food and Agriculture Organisation/World Health Organisation Expert Committee on Food Additives, JECFA, and by the US Food and Drug Administration. These organisations have not allocated MSG any acceptable daily intake, ADI. Normally, when a food additive is approved, an ADI is set but when, on the basis of the available scientific data, the total intake of the substance following consumption of a typical diet does not represent a hazard to health no ADI is specified. Against this background there is no basis for considering MSG to be dangerous or addictive and I have no proposals in regard to advising the public to reduce their MSG intake.

No evidence of a connection between MSG and obesity was brought to the attention of the national task force on obesity and therefore its report, Obesity — the Policy Challenges, which was launched on 16 May 2005, makes no reference to this issue.

Hospital Accommodation.

Liz McManus

Ceist:

191 Ms McManus asked the Tánaiste and Minister for Health and Children the current number of private hospitals and clinics; their location and bed capacity in each case; the number of private hospitals and clinics planned; their location and bed capacity in each case; the number of private hospitals and clinics; and the location and the bed capacity of those in existence in 1995 in each case. [23866/05]

My Department does not collect information regarding the operation of private hospitals and clinics. However, most private hospitals are affiliated to the Independent Hospitals Association of Ireland. My Department will contact the association and request it to let the Deputy have whatever relevant information is available to it.

Departmental Expenditure.

Enda Kenny

Ceist:

192 Mr. Kenny asked the Tánaiste and Minister for Health and Children the amount of her Department’s budgetary allocation for 2004; the amount of this allocation which was returned to the Department of Finance at year’s end; the Vote head from which such returned allocations were derived; and if she will make a statement on the matter. [23973/05]

The Department of Health and Children Vote for 2004, both current and capital, was €8,664.272 million. The total surplus surrendered for the year was €70.948 million. The amount of the surplus arising from the receipt of appropriations-in-aid, subhead K, in excess of the voted sum was €60.761 million. Under public financial procedures, any sums received over and above the amount voted by the Dáil for appropriations-in-aid must be surrendered at year end to the Exchequer.

Of the remaining surplus of €10.187 million, €1.84 million was due to savings on administrative budget subheads as follows: subhead A5 — office machinery and other office supplies, €0.85 million; and subhead A7 — consultancy services, €0.99 million. Under the terms of the administrative budget agreement, savings in one year may be carried forward to the following year with Department of Finance approval, which was obtained.

The residual surplus of €8.347 million arose on the following subheads of the Department's Vote, due to timing issues in respect of a number of minor headings, including the cost of the hepatitis C and HIV compensation tribunal and payments to the State Claims Agency for the clinical indemnity scheme.

€m

Subhead F1

Developmental, consultative, supervisory and advisory bodies

0.384

Subhead F2

The Food Safety Promotion Board

0.033

Subhead G3

Payment to a special account established under section 10 of the Hepatitis C Compensation Tribunal Acts 1997 and 2002

3.844

Subhead G4

Payment to a special account established under section 10 of the Hepatitis C Compensation Tribunal Acts 1997 and 2002

0.988

Subhead I

Payments to the State Claims Agency in respect of costs relating to clinical negligence

2.063

Subhead J4

Capital Services: Information Society — initiatives in the health sector, including the General Medical Services (Payments) Board

1.021

Subheads C, D, E, F3, G1, G2, H

0.014

Irish Language.

Brian O'Shea

Ceist:

193 Mr. O’Shea asked the Tánaiste and Minister for Health and Children the amount her Department has spent to date in 2005 on the implementation of the provisions of the Official Languages Act 2003; her estimate of the amount which her Department will spend on the implementation of the Official Languages Act 2003 for the full year in 2005; and if she will make a statement on the matter. [24007/05]

The information requested is being collated by my Department and will be forwarded to the Deputy as soon as possible.

Question No. 194 answered with QuestionNo. 108.

Health Insurance.

Richard Bruton

Ceist:

195 Mr. Bruton asked the Tánaiste and Minister for Health and Children if she has plans to privatise the VHI. [24024/05]

It is my intention to bring proposals to Government in September concerning the future commercial status of the VHI. This will not involve its privatisation and I have not made plans to so do.

Health Services.

Paul Nicholas Gogarty

Ceist:

196 Mr. Gogarty asked the Tánaiste and Minister for Health and Children the sources of funding which have been identified that will enable a group (details supplied) to continue its valuable service for clients in west Dublin. [24052/05]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the parliamentary affairs division of the executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Adoption Services.

Ciarán Cuffe

Ceist:

197 Mr. Cuffe asked the Tánaiste and Minister for Health and Children the number of persons waiting to avail of Irish adoptions; the average waiting time from initiation to completion of the adoption process; and if she will make a statement on the matter. [24068/05]

The Adoption Board, which is an autonomous body, collects the information requested. My Department has asked the CEO of the board to reply directly to the Deputy.

Question No. 198 answered with QuestionNo. 176.

Ambulance Service.

Denis Naughten

Ceist:

199 Mr. Naughten asked the Tánaiste and Minister for Health and Children the cost of the provision of an ambulance base for each of the three proposed new bases in the west of Ireland; and if she will make a statement on the matter. [24091/05]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department is requesting the parliamentary affairs division of the executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Parliamentary Questions.

Denis Naughten

Ceist:

200 Mr. Naughten asked the Tánaiste and Minister for Health and Children if she will furnish a full reply to Parliamentary Questions Nos. 62, 71, 72 of 21 April 2005; and if she will make a statement on the matter. [24103/05]

Denis Naughten

Ceist:

201 Mr. Naughten asked the Tánaiste and Minister for Health and Children if she will furnish a reply to Parliamentary Question No. 50 of 17 February 2005, the reason for the delay in responding; and if she will make a statement on the matter. [24104/05]

I propse to take Questions Nos. 200 and 201 together.

As responsibility for the matters raised in these parliamentary questions rests with the Health Service Executive, my Department had requested the Health Service Executive to investigate the matters raised and to respond directly to the Deputy. I understand from the executive that replies to Questions Nos. 62, 71 and 72 of 21 April 2005 have now issued. The HSE has advised me that, due to an administrative error, a response did not issue to Question No. 50 and that a response will now issue to the Deputy as a matter of urgency.

Denis Naughten

Ceist:

202 Mr. Naughten asked the Tánaiste and Minister for Health and Children if she will furnish a reply to Parliamentary Question No. 122 of 10 February 2005; the reason for the delay in responding; and if she will make a statement on the matter. [24105/05]

As the issue raised by Deputy Allen in Parliamentary Question No. 122 of 10 February 2005 related to the management and delivery of health services in County Cork, the Department wrote requesting that the chief officer of the Health Service Executive southern area investigate the matter raised and reply direct to the Deputy. The HSE southern area has informed the Department that a reply was issued directly to the Deputy on 15 February 2005.

Hospital Services.

Fergus O'Dowd

Ceist:

203 Mr. O’Dowd asked the Tánaiste and Minister for Health and Children if she will publish the consultant’s report on the future development of acute hospital services at the Lourdes Hospital, Drogheda; when she will make a decision on the matter; and if she will make a statement on the matter. [24109/05]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department is requesting the parliamentary affairs division of the executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Health Services.

Fergus O'Dowd

Ceist:

204 Mr. O’Dowd asked the Tánaiste and Minister for Health and Children when the new health centre for Drogheda will be finished and open to the public; and if she will make a statement on the matter. [24110/05]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the parliamentary affairs division of the executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Fergus O'Dowd

Ceist:

205 Mr. O’Dowd asked the Tánaiste and Minister for Health and Children her plans to develop community health services in the towns of Drogheda, Dundalk and Ardee and elsewhere in the county of Louth; and if she will make a statement on the matter. [24111/05]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the parliamentary affairs division of the executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Hospital Services.

Fergus O'Dowd

Ceist:

206 Mr. O’Dowd asked the Tánaiste and Minister for Health and Children her plans to develop acute hospital services in County Louth; and if she will make a statement on the matter. [24112/05]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department is requesting the parliamentary affairs division of the executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Mental Health Services.

Fergus O'Dowd

Ceist:

207 Mr. O’Dowd asked the Tánaiste and Minister for Health and Children her plans to develop psychiatric services in the County Louth; and if she will make a statement on the matter. [24113/05]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the parliamentary affairs division of the executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Nursing Homes.

Fergus O'Dowd

Ceist:

208 Mr. O’Dowd asked the Tánaiste and Minister for Health and Children if the HSE, formerly known as the regional health boards, has always consulted in each case for each year since 2000 with the designated nursing home inspectorate before placing public patients in private nursing homes; if the HSE or regional health board was always fully satisfied that the selected nursing homes were not in breach, at the last prior inspection, of the Nursing Homes Care and Welfare Regulations 1993; and if she will make a statement on the matter. [24114/05]

Fergus O'Dowd

Ceist:

209 Mr. O’Dowd asked the Tánaiste and Minister for Health and Children if the HSE, formerly known as the regional health boards, has always consulted in each case for each year since 2000 with the designated nursing home inspectorate before placing public patients in private nursing homes; if the HSE or regional health board was always fully satisfied that the selected nursing homes were not in breach, at the last prior inspection, of the Nursing Homes Care and Welfare Regulations 1993; and if she will make a statement on the matter. [24115/05]

Fergus O'Dowd

Ceist:

210 Mr. O’Dowd asked the Tánaiste and Minister for Health and Children if, for the last registration period to date, every registered proprietor or the person in charge of each nursing home on a county by county basis has sent a notice in writing to the medical officer of health for the area in which the nursing home is situated of the date and time of death of a dependent person in a nursing home not later than 48 hours after it occurs and the certified cause of death as soon as possible thereafter, as required by the Nursing Homes Care and Welfare Regulations 1993; and if she will make a statement on the matter. [24116/05]

Fergus O'Dowd

Ceist:

212 Mr. O’Dowd asked the Tánaiste and Minister for Health and Children if the HSE is aware of any case of a breach in the past of the nursing homes care and welfare regulation where a person who was named as the person in charge of one nursing home, who must be a full-time person, was also named as the person in charge of another nursing home at the same time; the period for which this situation continued without the health board’s knowledge; if so, the action the health board took as a result; the way in which a recurrence can be prevented; and if she will make a statement on the matter. [24118/05]

Fergus O'Dowd

Ceist:

213 Mr. O’Dowd asked the Tánaiste and Minister for Health and Children if the HSE, formerly known as the regional health boards, has since the year 2000, found breaches of the nursing homes care and welfare regulation which requires every registered proprietor or the person in charge of a nursing home to make adequate arrangements for the recording, safekeeping, administering and disposal of drugs and medicines on a county basis; the action taken as a result in each case; if the same breaches were subsequently noted in further inspections in the same homes; the action taken in each case; and if she will make a statement on the matter. [24119/05]

Fergus O'Dowd

Ceist:

214 Mr. O’Dowd asked the Tánaiste and Minister for Health and Children if the HSE, formerly known as the regional health boards, has since the year 2000, found breaches of the nursing homes care and welfare regulations which require every registered proprietor or the person in charge of a nursing home to ensure that the treatment and medication prescribed by the medical practitioner of a dependent person is correctly administered and recorded; if so the action taken; if the same breaches were subsequently noted in further inspections in the same homes; the action taken in each case; and if she will make a statement on the matter. [24120/05]

Fergus O'Dowd

Ceist:

226 Mr. O’Dowd asked the Tánaiste and Minister for Health and Children the number of nursing homes on a county by county basis since 2000 where accommodation and facilities were found to be a problem and breaches of the regulations had occurred; the action taken by the health board; if the same problem arose in the same home in subsequent inspections; the further action taken by the health board; and if she will make a statement on the matter. [24132/05]

Fergus O'Dowd

Ceist:

227 Mr. O’Dowd asked the Tánaiste and Minister for Health and Children the number of nursing homes on a county by county basis since 2000 where the register and records were not up to date and breaches of the regulations occurred; the action taken by the health board; if the same problem arose in the same home in subsequent inspections; the further action taken by the health board; and if she will make a statement on the matter. [24133/05]

Fergus O'Dowd

Ceist:

228 Mr. O’Dowd asked the Tánaiste and Minister for Health and Children the number of nursing homes on a county by county basis since 2000 where treatment of residents regulations were breached; the action then taken by the health board; if the same problem arose in the same home in subsequent inspections; the further action taken by the health board; and if she will make a statement on the matter. [24134/05]

Fergus O'Dowd

Ceist:

230 Mr. O’Dowd asked the Tánaiste and Minister for Health and Children the number of nursing homes on a county by county basis since 2000 where nutrition was found to be a problem and breaches of the regulations occurred; the action taken by the health board; if the same problem arose in the same home in subsequent inspections; the further action taken by the health board; and if she will make a statement on the matter. [24136/05]

Fergus O'Dowd

Ceist:

231 Mr. O’Dowd asked the Tánaiste and Minister for Health and Children the number of nursing homes on a county by county basis since 2000 where fire precautions were found to be a problem and breaches of the regulations occurred; the action taken by the health board; if the same problem arose in the same home in subsequent inspections; the further action taken by the health board; and if she will make a statement on the matter. [24137/05]

Fergus O'Dowd

Ceist:

232 Mr. O’Dowd asked the Tánaiste and Minister for Health and Children the number of nursing homes on a county by county basis since 2000 where the welfare and well being of residents regulations were breached and found to be a problem; the action taken by the health board; if the same problem arose in the same home on subsequent inspections; the further action taken by the health board; and if she will make a statement on the matter. [24138/05]

Fergus O'Dowd

Ceist:

233 Mr. O’Dowd asked the Tánaiste and Minister for Health and Children the number of nursing homes on a county by county basis since 2000 where contracts of care regulations were breached; the action taken by the health board; if the same problem arose in the same home on subsequent inspections; the further action taken by the health board; and if she will make a statement on the matter. [24139/05]

Fergus O'Dowd

Ceist:

234 Mr. O’Dowd asked the Tánaiste and Minister for Health and Children the number of nursing homes on a county by county basis since 2000 where staffing levels were found to be a problem; the action taken by the health board; if the same problem in the same homes arose in subsequent inspections; the further action taken by the health board; and if she will make a statement on the matter. [24140/05]

Fergus O'Dowd

Ceist:

235 Mr. O’Dowd asked the Tánaiste and Minister for Health and Children the number of nursing homes on a county by county basis since 2000 where kitchen facilities were found to be a problem and breaches of the regulations occurred; the action taken by the health board; if the same problem arose in the same home in subsequent inspections; the further action taken by the health board; and if she will make a statement on the matter. [24141/05]

Fergus O'Dowd

Ceist:

236 Mr. O’Dowd asked the Tánaiste and Minister for Health and Children the number of nursing homes on a county by county basis since 2000 where hygiene was found to be a problem and breaches of the regulations occurred; the action taken by the health board; if the same problem arose in the same home in subsequent inspections; the further action taken by the health board; and if she will make a statement on the matter. [24142/05]

Fergus O'Dowd

Ceist:

237 Mr. O’Dowd asked the Tánaiste and Minister for Health and Children the number of nursing homes on a county by county basis since 2000 where sanitary facilities were found to be a problem and breaches of the regulations occurred; the action taken by the health board; if the same problem arose in the same home in subsequent inspections; the further action taken by the health board; and if she will make a statement on the matter. [24143/05]

I propose to take Questions Nos. 208 to 210, inclusive, 212 to 214, inclusive, 226 to 228, inclusive, and 230 to 237, inclusive, together.

The Deputy's questions relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, the Department has requested the parliamentary affairs division of the executive to arrange to have these matters investigated and to have a reply issued directly to the Deputy.

Fergus O'Dowd

Ceist:

211 Mr. O’Dowd asked the Tánaiste and Minister for Health and Children the number of complaints about nursing home conditions made to chief executive officers of health boards for each year since 2000 on a county basis; the numbers of such complaints upheld and the nature of the direction issued to the registered proprietor of the nursing home concerned; if this direction was fully complied with in each case; if not, the action the health board took; and if she will make a statement on the matter. [24117/05]

Fergus O'Dowd

Ceist:

216 Mr. O’Dowd asked the Tánaiste and Minister for Health and Children if the HSE, formerly known as the regional health boards, has ever made a complaint about the treatment of a patient in a nursing home to the Garda; if so, the outcome; and if she will make a statement on the matter. [24122/05]

I propose to take Questions Nos. 211 and 216 together.

The Deputy's questions relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, the Department has requested the parliamentary affairs division of the executive to arrange to have these matters investigated and to have a reply issued directly to the Deputy.

Questions Nos. 212 to 214, inclusive, answered with Question No. 208.

Nursing Home Subventions.

Fergus O'Dowd

Ceist:

215 Mr. O’Dowd asked the Tánaiste and Minister for Health and Children if the HSE, formerly known as the regional health boards has, on a county basis since the year 2000, ever refused an application for a nursing home subvention on the basis that the applicant who is seeking the subvention was fully qualified in every respect but that the health board had insufficient funds to meet the cost of the subvention due to budgetary constraints; and if she will make a statement on the matter. [24121/05]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, the Department has requested the parliamentary affairs division of the executive to arrange to have these matters investigated and to have a reply issued directly to the Deputy.

Question No. 216 answered with QuestionNo. 211.

Nursing Homes.

Fergus O'Dowd

Ceist:

217 Mr. O’Dowd asked the Tánaiste and Minister for Health and Children if the HSE, formerly known as the regional health boards, has on a yearly basis in the past five years ever taken prosecutions in the courts against nursing home proprietors and persons in charge for breaches of regulations; if she will list the breaches of the regulations in each case; the name of the persons who were successfully prosecuted; if the nursing home closed or if new proprietors or persons in charge were in place as a result; and if she will make a statement on the matter. [24123/05]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, the Department has requested the parliamentary affairs division of the executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Fergus O'Dowd

Ceist:

218 Mr. O’Dowd asked the Tánaiste and Minister for Health and Children if the HSE, formerly known as the regional health boards, has ever carried out an HSE or health board internal inquiry into the running of nursing homes as a result of a death or a serious breach of the regulations; the outcome of such inquiry and the action taken. [24124/05]

Fergus O'Dowd

Ceist:

219 Mr. O’Dowd asked the Tánaiste and Minister for Health and Children if the HSE, formerly known as the regional health boards, has ever set up an inquiry by a specialist or other person outside the nursing home inspectorate into the death of a resident or serious breach of the regulations in any nursing home; the outcome of such an inquiry; the recommendations of same and the actions taken as a result; and if she will make a statement on the matter. [24125/05]

Fergus O'Dowd

Ceist:

225 Mr. O’Dowd asked the Tánaiste and Minister for Health and Children if all nursing homes here have complied with directions from coroners from 2001 to date which were to be implemented rigorously with regard to procedures to be followed in the event of the death of a resident of a nursing home, that bodies must not be removed for burial without first being certified dead by a doctor; and that in the circumstances the coroner should be notified if a patient dies and there is no documented record of a consultation with their GP during the four weeks prior to death, if a patient dies and there is any history of injury in the days prior to death, if the patient dies and the cause of death is not obvious; and if she will make a statement on the matter. [24131/05]

I propose to take Questions Nos. 218, 219 and 225 together.

The Deputy's questions relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, the Department has requested the parliamentary affairs division of the executive to arrange to have these matters investigated and to have a reply issued directly to the Deputy.

Fergus O'Dowd

Ceist:

220 Mr. O’Dowd asked the Tánaiste and Minister for Health and Children if the HSE, formerly known as the regional health boards, is satisfied that sufficient incontinence wear has been and is available at all times in all nursing homes to all subvented patients as required under the nursing home regulations; and if she will make a statement on the matter. [24126/05]

Fergus O'Dowd

Ceist:

221 Mr. O’Dowd asked the Tánaiste and Minister for Health and Children if the HSE, formerly known as the regional health boards, is satisfied that sufficient dressings for the treatment of pressure sores have been and are available at all times in all nursing homes to all subvented patients; and if she will make a statement on the matter. [24127/05]

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

The Deputy's questions relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, the Department has requested the parliamentary affairs division of the executive to arrange to have these matters investigated and to have a reply issued directly to the Deputy.

Fergus O'Dowd

Ceist:

222 Mr. O’Dowd asked the Tánaiste and Minister for Health and Children the number of complaints about nursing homes her Department has received since the year 2000 on a county basis; the nature of such complaints and the action taken by her Department in each case. [24128/05]

Fergus O'Dowd

Ceist:

229 Mr. O’Dowd asked the Tánaiste and Minister for Health and Children the number of complaints about nursing homes received by her Department for each year since 2000; the action taken by her Department; and if she will make a statement on the matter. [24135/05]

I propose to take Questions Nos. 222 and 229 together.

I wish to advise the Deputy that it is not possible, within the timeframe allowed, to collate the information requested by the Deputy. The Department will forward the information requested to the Deputy as soon as it is collated.

Fergus O'Dowd

Ceist:

223 Mr. O’Dowd asked the Tánaiste and Minister for Health and Children the reason the HSE decided, after inspection, not to recommend the transfer of Leas Cross residents to certain other nursing homes in the Dublin area; the breaches of regulations found at these further homes and to name these homes; if these homes are registered homes under the Health Acts and if they continue to be so registered; if there are public patients resident in these homes and if they will now be moved to other homes; if there are subvented patients, if they will now be advised to move and, if not, the reason therefor. [24129/05]

Fergus O'Dowd

Ceist:

224 Mr. O’Dowd asked the Tánaiste and Minister for Health and Children the reasons the HSE decided that all public patients would be moved out of Leas Cross nursing home and all other residents advised to move out; the medical and other concerns of the inspection teams who went to Leas Cross; and if she will make a statement on the matter. [24130/05]

I propose to take Questions Nos. 223 and 224 together.

The Deputy's questions relate to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, the Department has requested the parliamentary affairs division of the executive to arrange to have these matters investigated and to have a reply issued directly to the Deputy.

Question No. 225 answered with QuestionNo. 218.
Questions Nos. 226 to 228, inclusive, answered with Question No. 208.
Question No. 229 answered with QuestionNo. 222.
Questions Nos. 230 to 237, inclusive, answered with Question No. 208.

Appointments to State Boards.

Ruairí Quinn

Ceist:

238 Mr. Quinn asked the Tánaiste and Minister for Health and Children if she will provide a list of the vacancies on the boards of statutory or State bodies and other statutory appointments which currently exist and which must be made by her or the Government; the reason, in each case, for the vacancy; and when each vacancy will be filled. [24177/05]

Ruairí Quinn

Ceist:

239 Mr. Quinn asked the Tánaiste and Minister for Health and Children if she will provide a list of boards of statutory or State bodies and statutory appointments to which vacancies are expected to fall due between now and 31 December 2005 for appointments to be made by her or the Government; and the mechanisms envisaged by which the appointees will be selected. [24191/05]

I propose to take Questions Nos. 238 and 239 together.

Information on membership vacancies in statutory bodies where appointments are made by the Minister for Health and Children is shown in Table 1. However, the Deputy will wish to be aware in the context of the table that in some instances the relevant legislation may provide for a maximum number of members rather than setting an exact numerical membership requirement. The information contained in the Table 1 takes into account the full membership potential of the body.

The term of office of the most recent board of the postgraduate medical and dental board, PGMDB, expired in March 2002. The Prospectus report recommended that the PGMDB should be abolished and that its functions should be taken on by other bodies in the restructured health service. The Department, in consultation with the Health Service Executive and the Medical Council, is considering how best the functions of the PGMDB and other functions relating to medical education and training should be provided for in the future by the HSE. In relation to dental education and training, consultation with the Dental Council will also be undertaken. The abolition of the body and the transfer of its functions will be effected by the new medical practitioners Bill, which is being drafted by the Parliamentary Counsel. The information requested by the Deputy in regard to expected vacancies is set out in Table 2.

The process by which a person is appointed to a state board or body reflects the conditions for the appointment laid down in the relevant statutory instrument or Act. Nominations under the aegis of my Department can arise in different ways. Some members are nominated by prescribed bodies, individual office holders or organisations and others are appointed by the Minister for Health and Children, having due regard to the nature of the work of the body and the consequent requirement for any appointee to hold the necessary skills and expertise required to discharge the functions of that particular body. The time required to appoint members therefore varies. It is my intention, however, to fill vacancies in a timely manner.

Table 1.

Name of Board

No. of Vacancies

Reason for Vacancy

An Bord Altranais

1

Resignation

Beaumont Hospital Board

1

Member deceased

Comhairle na Nimheanna

18

Term expired

Dental Council

1

Term expired

Food Safety Consultative Council

2

22 of 24 appointed

Health Research Board

2

Term expired

Hospital Trust Board

1

Term expired

Leopardstown Park Hospital Board

5

Term expired

National Haemophilia Council

1

10 of 11 appointed

National Social Work Qualifications Board

1

Resignation

Pre-Hospital Emergency Care Council

2

Resignation

St. James’s Hospital

13

Term expired

Womens Health Council

15

Term expired

Table 2.

Name of Board

Vacancy Date

No. of Vacancies

Advisory Committee for Human Medicines (IMB)

31/12/2005

12

Advisory Committee for Veterinary Medicines (IMB)

31/12/2005

12

Beaumont Hospital Board

31/12/2005

6

Board of the Adelaide and Meath Hospitals

31/07/2005

24

Dental Council

12/11/2005

17

Food Safety Authority of Ireland

31/10/2005

2

Food Safety Consultative Council

31/12/2005

10

Irish Blood Transfusion Service

30/09/2005

1

30/11/2005

1

Irish Health Service Accreditation Board

01/09/2005

1

02/09/2005

10

Irish Medicines Board

31/12/2005

8

Tallaght Hospital Board

31/12/2005

8

Adoption Services.

Paul Nicholas Gogarty

Ceist:

240 Mr. Gogarty asked the Tánaiste and Minister for Health and Children the position with regard to intercountry adoptions with Morocco; and if she will make a statement on the matter. [24209/05]

The Adoption Board considered the Adoption Law of Morocco at its meeting on 3 July 2001. The board decided on that date that adoptions effected in Morocco are not recognised under Irish law.

Legislation is being prepared by Department of Health and Children to ratify the Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption 1993. The heads of the Bill have gone to the Parliamentary Counsel for drafting and it is hoped the Bill will be published in early 2006. It will provide a framework within which Ireland, by establishing a system of co-operation with those countries who have ratified the 1993 Hague Convention or who operate within the spirit of the convention, may regulate the process of intercountry adoption. Morocco has not signed or ratified the Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption 1993.

Health Services.

Róisín Shortall

Ceist:

241 Ms Shortall asked the Tánaiste and Minister for Health and Children the number of times which the working group reviewing the current configuration and delivery of services to persons with cystic fibrosis here has met since its establishment; its terms of reference; when she expects its report; and if its recommendations will be provided for in time for the 2006 estimates. [24215/05]

Following the publication of the Pollock report, which reviewed the existing hospital services for person with cystic fibrosis, the Health Service Executive established a working group to examine cystic fibrosis services. The working group is multi-disciplinary in its composition and includes representation from the Cystic Fibrosis Association.

The terms of reference of the working group is to review the current configuration and delivery of services to cystic fibrosis patients in the Republic of Ireland, across hospitals and the community, and to make recommendations for reconfiguration, improvement and development. The working group will consider the report prepared by Dr. Pollock on behalf of the Cystic Fibrosis Association in Ireland and will encompass aspects of service alluded to but not covered in depth in that report, including cystic fibrosis services delivered in the community, the cystic fibrosis register, training and development of clinical staff, cost structures, and cross-border arrangements.

The group held its first meeting in early April and there have been three further meetings. I understand that it hopes to complete its work over the next few months. The work of the group will result in an agreed proposal for the development and reconfiguration of services for cystic fibrosis patients in Ireland.

The Health Service Executive will have the responsibility for implementing and funding any recommendations made by the group. My Department will, therefore, request the executive to reply directly to the Deputy in relation to her query regarding the timetable for the finalisation of the Group's recommendations in the context of the 2006 Estimates.

Communications Masts.

Ruairí Quinn

Ceist:

242 Mr. Quinn asked the Minister for Finance the services that avail of the mast on the Garda station in Letterkenny; and if he will make a statement on the matter. [23754/05]

In addition to the Garda Síochána, a mobile phone operator has equipment installed on the mast in Letterkenny for the purposes of providing a GSM service.

Garda Stations.

Róisín Shortall

Ceist:

243 Ms Shortall asked the Minister for Finance the progress to date in providing a new Garda station for Ballymun, Dublin 9; when he expects construction to begin; when he expects the station to be completed; if arrangements have been finalised for the temporary relocation of the station to Stormanston House on Ballymun Road; and if he will make a statement on the matter. [23916/05]

Negotiations between the Commissioners of Public Works and Ballymun Regeneration Limited in relation to acquisition of a site for a new Garda station and Government offices in Ballymun are progressing. A timetable for development of the site cannot be finalised until after the acquisition of the site. Discussions with Ballymun Regeneration Limited regarding the temporary relocation of Ballymun Garda station are at a preliminary stage.

Departmental Properties.

Ciarán Cuffe

Ceist:

244 Mr. Cuffe asked the Minister for Finance if he has plans to remove the railings that separate the car park on the Kildare Street side of Leinster House from the National Museum and the National Library; if he will tender proposals for improving this civic space; and if he will make a statement on the matter. [24066/05]

The provision of the railings that separate the car park on the Kildare Street side of Leinster House from the National Museum and the National Library, is security-related and is a matter for the Houses of the Oireachtas Commission in the first instance. The commission has not requested OPW to review the matter.

The OPW recently presented sketch proposals to the Joint Committee on House Services to improve the space on the National Library side of the Kildare Street entrance following completion in early 2005 of the entrance pavilion on the National Museum side. The committee has approved the drawing-up of a detailed design in this regard.

Departmental Properties.

Paul Kehoe

Ceist:

245 Mr. Kehoe asked the Minister for Finance if he plans to sell any building or property in County Wexford; if so, if he will provide the details of such a sale; and if he will make a statement on the matter. [23578/05]

Identification of properties surplus to State requirements is continuously evolving and it is not possible to confirm what properties will be disposed of in County Wexford in the remainder of 2005. Premature release of disposal information and timescales would also affect the potential income form such disposals.

Parliamentary Questions.

Paul Kehoe

Ceist:

246 Mr. Kehoe asked the Minister for Finance when this Deputy will receive a reply to Parliamentary Question No. 157 of 22 June 2005; and if he will make a statement on the matter. [23579/05]

The compilation of the information requested, in Parliamentary Question No.157 of 22 June 2005 is nearing completion in my Department. It is expected that the information will be forwarded directly to the Deputy next week.

Flood Relief.

Damien English

Ceist:

247 Mr. English asked the Minister for Finance if the Office of Public Works has plans to carry out flood alleviation works on the Swan river; and if he will make a statement on the matter. [23580/05]

The Office of Public of Works has no responsibility for the maintenance of the Swan river and officials of Meath County Council have been advised accordingly. The Commissioners of Public Works have no plans to carry out flood alleviation works on the Swan river at this time.

Special Savings Incentive Scheme.

John Cregan

Ceist:

248 Mr. Cregan asked the Minister for Finance the requirements which SSIA holders must satisfy prior to the cashing in of their investment accounts in the short term and at the end of the maximum investment period; when the first SSIAs will mature; if the holders will be written to; if they must initiate repayment; if they will be offered further investment terms; and if he will make a statement on the matter. [23581/05]

I am informed by the Revenue Commissioners that on commencement of an SSIA account, the account holder had to certify that the following conditions would be satisfied for the duration of the scheme: the holder was over 18 years of age and resident in the State at commencement; the holder would operate only one SSIA; subscriptions to the account would only be made by the holder or his-her spouse and from his-her own resources; subscriptions to the account would not be funded by borrowing or the deferral of repayment, whether in respect of capital or interest, of amounts already borrowed; and subscriptions to the account in each of the first 12 months would be of an amount, not less than €12.50 and not more than €254, agreed between the holder and the qualifying savings manager, financial institution, at the commencement of the account. For the remainder of the scheme, the only statutory restriction is that the maximum subscription in any month must not exceed €254; funds held in an SSIA would not be used as security for a loan.

Prior to the maturity of the SSIA, the account holder must complete a declaration confirming that for the duration of the scheme, s/he held only one SSIA; he or she is the person who beneficially owns the qualifying funds held in the account; he or she was resident or ordinarily resident in the State since commencement of the account; the account was funded from resources available him-her, or spouse, without recourse to borrowing or by the deferral of repayment, whether in respect of capital or interest, of sums already borrowed; and he or she did not sign or pledge funds held in the account as security for a loan.

The first accounts are due to mature at the end of May 2006. Each financial institution will, at the appropriate time, circa 14 weeks prior to the maturity date, supply a maturity declaration to each SSIA holder for completion and return to the institution. The financial institution will mature the account at the appropriate time and pay over to Revenue the appropriate tax on the income earned by the account. The account holder can then either maintain and continue the account, without the benefit of the Exchequer top up, or withdraw funds as he or she wishes.

In regard to further investment terms, the specific goal of the SSIA scheme was to encourage people to save over a period of at least five years. Its effect has been to stimulate such savings over varying income ranges which is evident in the extensive take-up by many low income earners. The scheme has been a success in those terms. The scheme has a specific duration. Any proposals for tax-based incentives for the continuation of savings would be considered as part of the normal annual budgetary process taking account of public policy objectives and Exchequer cost implications. The use to which the monies arising on maturity of the SSIAs are put is ultimately a matter for the individual account holder.

Stamp Duty.

Seán Haughey

Ceist:

249 Mr. Haughey asked the Minister for Finance if he will outline the change in policy by the Revenue Commissioners in relation to exemption from stamp duty for first-time buyers who are required to add the name of a parent to their mortgage; if he will reconsider this issue; and if he will make a statement on the matter. [23582/05]

Finian McGrath

Ceist:

250 Mr. F. McGrath asked the Minister for Finance if he will re-examine any proposed decision by the Revenue Commissioners to charge the most vulnerable of the first-time house buyers that is those that require parental assistance on the mortgage; and if he will make a statement on the matter. [23680/05]

I propose to take Questions Nos. 249 and 250 together.

A stamp duty exemption for first-time buyers of second hand houses under €317,500 was brought in by budget 2005. Previously it had applied only to houses up to €190,500, so the very significant increase in the threshold made this exemption relevant to a much broader range of purchasers. Reduced rates of duty were also made available for purchases up to €635,000.

The relief from stamp duty is intended to benefit only genuine first-time buyers. It is essential that the stamp duty advantage intended for first-time buyers should not be diluted by allowing persons who are not first-time buyers circumvent the rules, by borrowing in tandem with another person who is a first-time buyer.

Revenue has always accepted that a person would not have been precluded from obtaining first-time buyer relief where a parent provides funds by means of an unconditional gift towards the purchase of a house or where a parent acts as financial guarantor in relation to purchase moneys which are borrowed by his or her son or daughter in connection with the purchase.

In a statement issued on Friday last, 24 June 2005, the Revenue Commissioners have offered reassurance to first-time buyers in relation to situations involving parents of first-time buyers acting as co-mortgagors. The Revenue Commissioners are now prepared to accept that a child, who is a first-time buyer, will not be precluded from claiming first-time buyer relief where a parent acts as a co-mortgagor in the following circumstances: the transfer of the house is taken in the name of the child; it is the intention of both the child and the parent that the parent is not to take a beneficial interest in the house; the parent has been joined into the mortgage solely at the request of the lending institution for the purpose of providing additional security for the moneys being advanced for the purchase; it is not intended that the parent will be contributing to the repayment of the mortgage in the normal course.

Where the four conditions set out above are satisfied, Revenue will treat the parent as effectively acting in the role of guarantor for the loan.

I am also advised that the Revenue Commissioners do not propose to seek a clawback of stamp duty where transfers have taken place before last Friday which comply with the conditions outlined above.

Tax Code.

Joan Burton

Ceist:

251 Ms Burton asked the Minister for Finance the amounts received in respect of relevant contracts tax for each year from 1997 to date; the amounts outstanding in respect of relevant contracts tax for each year from 1997 to date; the number of contractors; his estimate of the amounts outstanding to date; and the number of outstanding amounts in excess of €500,000 in band €100,000 upward. [23741/05]

I am informed by the Revenue Commissioners that the amounts of relevant contracts tax, RCT, received in respect of each year from 1997 to date, 28 June 2005, are as follows:

RCT

Gross

Repayments

NET

1997

195,067,568.87

112,531,660.63

82,535,908.24

1998

222,700,214.81

120,833,741.65

101,866,473.16

1999

248,549,625.45

216,127,731.69

32,421,893.76

2000

339,284,824.75

272,467,544.87

66,817,279.88

2001

422,193,597.87

340,128,304.25

82,065,293.62

2002

394,286,052.35

351,203,196.17

43,082,856.18

2003

476,874,365.84

423,688,168.85

53,186,196.99

2004

611,590,909.18

562,308,663.24

49,282,245.94

2005 to date

360,272,110.34

323,302,871.45

36,969,238.89

Total

3,270,819,269.46

2,722,591,882.80

548,227,386.66

There are four categories of contractors on Revenue's records. The number of live registrations in each category is as follows: principal contractors including principals that are also uncertified subcontractors — 15,998; certified subcontractors, i.e. have a C2 certificate — 22,056; principal contractors that are also certified subcontractors — 19,488; and uncertified subcontractors, i.e. do not have a C2 certificate — 58,862. The total number of live registrations is 116,404.

A major programme of work has been undertaken by Revenue in recent years to upgrade the RCT computer systems to the standard available for other business taxes. RCT is now fully integrated into Revenue's integrated taxation systems and has recently been integrated into its case management system, which allows individual case management of cases with RCT tax debts. Using this case management system, Revenue caseworkers are now deploying the full range of collection and compliance activities against individuals and companies that are non-compliant or have arrears of RCT, as part of a whole case management approach.

The final stage of the computer development programme for RCT is the development of management information systems and reports. These are expected to be available early next year. Until then Revenue is unable to provide authoritive data on overall amounts outstanding for each year.

Decentralisation Programme.

Fergus O'Dowd

Ceist:

252 Mr. O’Dowd asked the Minister for Finance the progress made to date in relation to the decentralisation of Government Departments and associated agencies to Drogheda, County Louth; and if he will make a statement on the matter. [23767/05]

Three Ministers have responsibility for offices decentralising to Drogheda. These are the Minister for Communications, Marine and Natural Resources, Environment, Heritage and Local Government and Social and Family Affairs. The Ministers for Communications, Marine and Natural Resources and Environment, Heritage and Local Government will answer in respect of their own areas of responsibility. I will answer on behalf of the Minister for Social and Family Affairs. The headquarters of the Department of Social and Family Affairs, REACH and Comhairle are to relocate to Drogheda, County Louth.

I understand from the Department of Social and Family Affairs that 213 staff of the Department have applied through the Central Applications Facility, CAF, to relocate to Drogheda. However, no formal offers have yet been made.

Comhairle will transfer a total of 47.5 posts to Drogheda. Some 14 of Comhairle's staff applied through the CAF to relocate with Comhairle. Comhairle has not as yet made formal offers to any of these staff. REACH will transfer to Drogheda with 11 posts. No assignments have been made yet.

With reference to accommodation, agreement in principle has been reached on a site on local authority owned lands and detailed negotiations are progressing in tandem with site investigations.

Tax Code.

John Cregan

Ceist:

253 Mr. Cregan asked the Minister for Finance the number of persons over 70 who pay tax; the total and average amount paid; the highest figure paid; if a total exemption for all persons over 70 is recommended; if a gradual increase in the exemption limit is more advisable; and if he will make a statement on the matter. [23768/05]

I am informed by the Revenue Commissioners that the relevant information available is in respect of income earners on tax records aged 65 years and over. On the basis of income tax returns received for 2002, the latest year for which the relevant data has been compiled, the available information is as follows: total numbers with a tax liability — 56,000; total amount of tax —€403 million; average amount of tax —€7,196, based on income earners aged 65 or over with a tax liability, €2,702, based on all income earners aged 65 or over.

Because of the Revenue Commissioners obligation to observe confidentiality in relation to the taxation affairs of individual taxpayers and small groups of taxpayers, the highest figure for tax paid cannot be divulged due to the small numbers of income earners with significantly high tax payments. It should be noted that a married couple who has elected or has been deemed to have elected for joint assessment is counted as one tax unit.

The Government's policy on taxation and the elderly is set out in An Agreed Programme for Government which refers to "delivering further real improvements to pensioners and people on low incomes". This has been the guiding principle underlying the tax treatment of elderly persons, including those aged over 70, in recent budgets.

The age exemption limits, under which those aged 65 or over are exempt from income tax up to specified limits, have been increased in every budget since 1997. In the last four budgets alone, the limits have increased by almost 53% which is well ahead of inflation. After budget 2005, they stand at €16,500 per annum in the case of a single or widowed person and €33,000 per annum in the case of a married couple where one spouse is or both spouses are aged 65 or over.

Within available resources, the focus has been on assisting elderly persons on low incomes through annual increases in the age exemption limits. Such an approach is considered preferable to one where elderly income earners who reach a particular age threshold would be completely exempted from income tax regardless of their income. However, I point out to the Deputy that in the 2002 tax year the majority of income earners aged 65 or over on Revenue's records had no liability for tax.

Stamp Duty.

John Cregan

Ceist:

254 Mr. Cregan asked the Minister for Finance if he will consider changes to stamp duty due to the perceived view that it is a tax on freedom of movement, is a disincentive against trading up and an unfair tax in settled and established areas; if he will consider alternations to allow the tax rate on that bracket only rather than on full sale value; if he will consider a further increase in threshold; and if he will make a statement on the matter. [23769/05]

Stamp duty is a duty on the transfer of title to property. It is paid largely by the better off. It has been in existence since the 1960s and has not hindered persons moving, trading up or settling down. Accordingly, I do not propose to change the stamp duty code along the lines suggested by the Deputy.

Tax Collection.

John Cregan

Ceist:

255 Mr. Cregan asked the Minister for Finance if he will make a statement on the perceived delays with correspondence and queries in the Dublin PAYE offices; if delays can be quantified; the reason for the delays; if a timetable for working off arrears will be given. [23770/05]

I am advised by the Revenue Commissioners that the peak period for receiving PAYE correspondence extends from January to June each year.

The volume of contacts from PAYE taxpayers in the Dublin region, in the period January 2005 through June 2005 was as follows:

PAYE tax returns and correspondence

320,832

PAYE phone calls answered

404,831

Callers to public offices

161,125

Total

886,788

This represents an increase of 17.35% in contacts over 2004.

All available resources during this period were concentrated primarily in dealing with the substantial increase in PAYE 1890 phone calls and callers to our public offices. The volume of unworked post reached its peak in mid April 2005.

The reasons for the delays included a significant increase in economic activity in the Dublin region resulting in a sizable increase in thecasebase, for example approximately 20,000 new PAYE registrations in the first six months of 2005; the 17.35% overall increase in contacts from PAYE taxpayers in the same period; the reduction in the time period for repayment claims from ten years to four years resulted in a significant increase in the number of claims and in the complexity of those claims; many claims were for a ten-year period; and greater awareness by taxpayers of their entitlements to tax credits and reliefs as a consequence of an intensive advertising campaign by Revenue and other media coverage.

Revenue inform me that through determined efforts by Dublin management and staff, the April backlog has now been substantially reduced and it is planned to have dealt with all the pre-July correspondence by 31 July. Management and staff have been working in full co-operation to clear the arrears. There have been no industrial relation problems during this period and staff shortages have not been an issue. Staff have in fact been working extremely long hours in a determined effort to clear the arrears and overtime has been made available where necessary.

Tax Code.

John Cregan

Ceist:

256 Mr. Cregan asked the Minister for Finance if he will examine the case of a person (details supplied).

I appreciate the concerns of the case in question. However, if there is no income tax liability then it is not possible to reclaim tax on medical expenses incurred.

Credit Unions.

Richard Bruton

Ceist:

257 Mr. Bruton asked the Minister for Finance the annual budget and resources allocated to the Registrar of Credit Unions since its establishment. [23772/05]

With the enactment of the Central Bank and Financial Services Authority of Ireland Act 2003 responsibility for the statutory supervision of credit unions passed from the Registrar of Friendly Societies, under the aegis of the Department of Enterprise, Trade and Employment, to the Registrar of Credit Unions within the Financial Regulator.

In accordance with section 33N of that Act, a statement of income and expenditure for the financial regulator, including the information sought by the Deputy, must be laid before the Houses of the Oireachtas. The following information relating to the annual budget and resources of the Registrar of Credit Unions was included in the statements provided in February 2004 and April 2005 respectively:

2004

2005

€000

€000

Budget

1,400

1,200

Staff

Staff

Resources

21

21

Richard Bruton

Ceist:

258 Mr. Bruton asked the Minister for Finance if his attention has been drawn to the fact that many credit unions representatives and volunteers believe that the Registrar of Credit Unions is seeking changes beyond his legislative remit and that both credit unions and the registrar are seeking a review of current legislation in this area; the timeframe for such a review; and if he will report on any discussions regarding such a legislative review. [23773/05]

Richard Bruton

Ceist:

259 Mr. Bruton asked the Minister for Finance if his attention has been drawn to the fact that individual credit union officials should now compete for board positions by way of proposals of intent and that credit committees should also have expertise appropriate to the type of loans approved; if his attention has further been drawn to the fact that these positions are voluntary and it is therefore unrealistic to expect specific expertise; and if he intends to pay for the education of the volunteers in these specialist areas. [23774/05]

Richard Bruton

Ceist:

260 Mr. Bruton asked the Minister for Finance if he has satisfied himself that the regulatory burdens imposed on credit unions may be excessive for some of the movement; his views on the merit of introducing some transitional arrangements to recognise the different ethos of credit unions from other financial institutions. [23775/05]

Richard Bruton

Ceist:

274 Mr. Bruton asked the Minister for Finance the reason the Registrar of Credit Unions organised a meeting with information technology suppliers regarding future needs of credit unions without consulting with credit unions on their future requirements. [24212/05]

I propose to take Questions Nos. 258 to 260, inclusive, and 274 together.

Credit unions are regulated by the Registrar of Credit Unions within the financial regulator. They are regulated primarily in accordance with the Credit Union Act 1997.

The decision to maintain a distinct regulatory structure for credit unions within the financial regulator was a deliberate one, designed to reflect their particular volunteer and community-based ethos. This ethos was already reflected in the Credit Union Act.

The Credit Union Act lays down, not only prudential and consumer protection rules, but also the separate and distinct legal structure from which credit unions benefit. This includes the rules governing the conditions for registration as a credit union and the procedure for the appointment of boards of directors, supervisory committees, credit committees, credit control committees and membership committees.

Oversight of the system laid down in the Act is the responsibility of the Registrar of Credit Unions, who occupies a statutory post within the financial regulator. The core function of the registrar is to take such action as appears necessary, within the terms of the legislation, to protect the savings of credit union members. In discharge of his duties, the registrar is free to issue to credit unions such guidelines as he considers desirable. The regulator also issues such guidelines to other sectors. Their general purpose is to provide advice and information regarding best practice to financial institutions. They are intended to support the continued development of an effective and efficient regulatory system that underpins the maintenance of financial stability and the protection of the consumer.

The manner in which the registrar carries out his supervisory duties under the Credit Union Act, including any guidance notes that he chooses to issue or meetings he chooses to arrange, are solely matters for the registrar, subject to any directions or guidelines that the regulatory authority may issue to him. It is a matter for credit unions themselves to address any training requirements that might arise for officers and staff of credit unions.

I am aware of views being expressed about the possible need for changes to the Credit Union Act to reflect the changing role of credit unions in present-day Irish society. Such views have been expressed by credit union representative bodies as well as by the registrar. I am also conscious of the demands that the credit union regulatory system can impose on volunteers and the need to ensure that the regulatory burden is proportionate to the objective of protecting the savings of credit union members. I am aware that the registrar has been consulting widely with a view to encouraging the maximum consensus on changes to the regulatory system. I have also asked the credit union advisory committee to advise me on the need for such change.

Tax Code.

Fergus O'Dowd

Ceist:

261 Mr. O’Dowd asked the Minister for Finance if his Department has plans to make the home carer’s tax credit available to those who have left the workforce to provide care and attention to seriously ill relatives and who are in receipt of carer’s benefit; and if he will make a statement on the matter. [23776/05]

Fergus O'Dowd

Ceist:

263 Mr. O’Dowd asked the Minister for Finance if his Department has plans to make the home carer’s tax credit available to carers who have left the workforce to provide care and attention to seriously ill relatives in cases in which a carer’s income exceeds €6,500 in the year in which the home carer’s tax is claimable; and if he will make a statement on the matter. [23779/05]

I propose to take Questions Nos. 261 and 263 together.

I am informed by the Revenue Commissioners that home carer tax credit is available in the case of a married couple who are jointly assessed to income tax where one spouse is a home carer. A "home carer" is a person who cares for one or more dependant persons.

A dependant person for the purposes of the tax credit must be either a child for whom social welfare child benefit is payable, a person aged 65 years or over or a person who is permanently incapacitated by reason of physical or mental infirmity. In addition, the dependant must reside either with the carer, on the same property as the carer or next door in a neighbouring residence to the carer or within 2 km of the carer.

The home carer tax credit currently amounts to €770 per annum. Where the home carer has some small income in his or her own right, the tax credit may still be due. The tax credit is due in full where the home carer's annual income does not exceed €5,080 and where it exceeds that amount, the tax credit is reduced by half the excess, effectively a reduction of €1 in the tax credit for every €2 of income, so that where the annual income exceeds €6,620 no tax credit is due. For example, if the income of the carer spouse is €5,850, a reduced tax credit of €385 applies. The income disregard was introduced to allow the home carer have a small income in his-her own right while retaining the tax credit. Also, the taper ensures that the credit is not lost all at once when income exceeds the amount of the disregard.

While the carer's allowance and carer's benefit payable by the Department of Social and Family Affairs are regarded as income for taxation purposes, no account is taken of these payments in determining the home carer's entitlement to the home carer tax credit.

In the case of a person who has left the workforce to care for seriously ill relatives and is in receipt of annual income in excess of €6,620, excluding the carer's allowance or carer's benefit from the Department of Social and Family Affairs, the home carer tax credit is not due. Any changes to the home carer tax credit would be a matter for consideration in the context of the annual budget and Finance Bill.

Gerard Murphy

Ceist:

262 Mr. G. Murphy asked the Minister for Finance when a person (details supplied) will receive a tax refund; and the amount of same. [23777/05]

I am informed by the Revenue Commissioners that according to their records, a claim for repayment of income tax has not been received. This claim should be made on a form P50 which will issue to the taxpayer today. Any queries regarding same can be directed to the person's local tax office at Sullivan's Quay, Cork which can be contacted at Revenue's Lo-call number 1890-444425.

Question No. 263 answered with QuestionNo. 261.

Fiscal Policy.

Michael Ring

Ceist:

264 Mr. Ring asked the Minister for Finance if, in relation to the capital allowance for hotels, a person had planning permission since December 2004 but due to difficulties with same, building has not commenced will still qualify for the capital allowance; the length of time the capital allowance is valid for; and if there will be an extension of the capital allowance for 2005. [23781/05]

The Finance Act 2003 extended the write-off period for capital allowances for hotels from seven to 25 years. It provided that capital expenditure incurred on or after 4 December 2002 on the construction or refurbishment of a hotel is to be written off at the rate of 4% per annum over 25 years. However, certain transitional provisions ensured that where a full and valid planning application was received by a planning authority before 31 December 2004 in respect of hotel projects, capital expenditure incurred on such projects on or before 31 July 2006 could continue to be written off over a seven year period at the rate of 15% per annum for the first six years and 10% in year seven. Thus, in cases where these transitional planning requirements have been met, capital expenditure incurred on the construction or refurbishment of a hotel can be written off over seven years where the expenditure in question represents work actually carried out on or before 31 July 2006. Expenditure incurred in respect of any work carried out after that date can be written off at 4% per annum over 25 years.

I directed my Department, together with the Revenue Commissioners, and in conjunction with external consultants to undertake a detailed review in 2005 of various property incentive reliefs, including this relief in respect of hotels. I also stated in budget 2005 that the termination dates for these schemes as laid down previously in Finance Act 2004 remain unchanged. In this regard I am not considering making any changes to the scheme until this review has been completed.

Mobile Telephony.

Paul Kehoe

Ceist:

265 Mr. Kehoe asked the Minister for Finance if VAT charged here to mobile telephone calls made and completed or initiated in another State is illegal; and if he will make a statement on the matter. [23833/05]

The position is that the charging of VAT on mobile telephone calls made and completed or initiated in another state is covered by section 5(5) of the Value Added Tax Act 1972, as amended, which transposes Article 9(1) of the sixth Council directive. This provides that VAT is charged in the place of establishment of the supplier.

Therefore, Irish suppliers of mobile phone services are liable to account for VAT on services provided to business and private customers, established or resident in the State, for their usage of those services anywhere in the world. Accordingly, the charging of VAT on mobile telephone calls made and completed or initiated in another state is not illegal.

Fiscal Policy.

Enda Kenny

Ceist:

266 Mr. Kenny asked the Minister for Finance the amount of his Department’s budgetary allocation for 2004; the amount of this allocation which was returned to the Department of Finance at year’s end; the vote head from which such returned allocations were derived; and if he will make a statement on the matter. [23974/05]

The 2004 gross allocation to my Department's Vote was €127.753 million. The net allocation, having deducted estimated appropriations-in-aid of €0.412 million, was €127.342 million. The provisional outturn figures for 2004 were €91.579 million gross and €90.548 million net. The provisional surplus for surrender to the Exchequer was €36.794 million.

The 2004 provisional surplus was derived from the subheads set out in the following table and a note has been appended: (a) Where the saving is significant, i.e. where it exceeds €10,000 and represents 25% or more of an administrative subhead allocation, or where it exceeds €10,000 and represents 5% or more of a programme subhead allocation — this is in line with the presentation of such information in the appropriation accounts; (b) Where part of the savings on a subhead were vired to meet additional expenditure on another subhead and as such were not available for surrender to the Exchequer.

Administrative Subheads — Provisional Savings

Description

Variation (Saving) from Estimate €000

Note

A.1

Salaries, Wages and Allowances

1,070

A.2

Travel and Subsistence

166

A.3.

Incidental Expenses

1,644

Savings arose primarily in respect of an administrative contingency provision which was not required in 2004.

A.4

Postal and Telecommunications Services

148

A.5

Office Machinery and Other Office Supplies

626

A.6

Office Premises Expenses

90

A.7

Consultancy Services

270

The saving is due to reduced and delayed spending on a number of consultancies.

A.8.

Centre for Management And Organisation Development

213

A number of projects, including a HRMS pension interface, were not proceeded with in 2004.

€1.049 million of the above savings were used to offset excess expenditure on subhead A.9 (European Presidency).

Programme Subheads — Provisional Savings

Description

Variation (Saving) from Estimate €000

Note

B.

Consultancy Services

2,523

Spending under this subhead can vary significantly from year to year due to legal and financial issues. The subhead also contained a programme contingency provision which was not required in 2004.

E.

Ordnance Survey Ireland (Grant-In-Aid)

10,331

Ordnance Survey Ireland did not require the level of grant-in-aid provided for in the estimate as they had a significant cash surplus accumulated from the previous year.

F

Gaeleagras Na Seirbhíse Poiblí

12

G.

Civil Service Arbitration and Appeals Procedures

24

There were fewer sittings of the boards in 2004 than anticipated.

H.1

Review Body on Higher Remuneration in the Public Service

1

H.2

Public Service Benchmarking Body

1

Token provision

H.3

Committee for Performance Awards

10

The estimate included a provision for consultancy expenditure which, in the event, was not required in 2004.

I.

Contribution to the Common Fund for Commodities

182

Ireland’s expenditure in respect of its contribution to the UN Common Fund for Commodities was less than originally anticipated.

J.1.

Structural Funds Technical Assistance and other Costs

621

Savings arose as a result of staffing changes, leading to reduced activities and lower programme costs in 2004. €1 million was vired to meet a supplementary estimate for N.2 (Northern Ireland Interreg).

J.2.

Technical Assistance costs of Regional Assemblies

1

Some €0.5 million was vired to meet a supplementary estimate for N.2 (Northern Ireland Interreg) and a token balance was surrendered to the Exchequer.

K.

Committees and Commissions

120

This is a demand-led scheme. There was no expenditure under this subhead in 2004 as no situations arose which required investigation by commissions or committees.

M.

Change Management Fund

907

This shortfall reflects the extent to which Departments and offices did not claim reimbursement of expenditure incurred in relation to projects approved for support by the Fund.

N.2

Northern Ireland Interreg

100

Savings of €8.8 million were vired into this subhead, of which €100,000 was unspent at year-end.

N.3

Special EU Programmes Body

179

The saving arose due to lower staff costs in 2004.

O.

Ireland-Wales and Transnational Interreg

200

Expenditure did not reach anticipated levels due, inter-alia, to certain contributions to multi-annual transnational programmes not being called for in 2004.

P.

Information Society

2,098

A number of projects which were expected to draw down considerable funding in 2004 did not commence or proceeded more slowly than was anticipated.

Q.

Civil Service Childcare Initiative

1,252

Delays in the identification and purchase of sites for crèches in a number of locations led to the reduced outturn in 2004. Some €1 million was vired to meet a supplementary estimate for N.2 (Northern Ireland Interreg.) and the balance was surrendered to the Exchequer.

R.

Procurement Management Reform

755

The slower than anticipated roll-out of this programme led to the savings identified.

S.

Decentralisation Fund

13,701

The estimate of €20 million was to meet any up-front investment required under the Government’s decentralisation programme. However, it was subsequently decided to meet the capital costs that arose (site acquisition deposits) from Vote 10 Office of Public Works. €6.299 million was vired to meet a supplementary estimate for N.2 (Northern Ireland Interreg) and the balance was surrendered to the Exchequer.

T.

Appropriations-In-Aid

619

Tax Code.

John Cregan

Ceist:

267 Mr. Cregan asked the Minister for Finance when the tax age allowance was first introduced; the rate of same when introduced; when it was last increased; the level to which it was increased; and if he will consider an increase in the allowance in budget 2006. [23987/05]

The age tax credit, then the age tax allowance, was introduced by the Finance Act 1974. This provided an additional income tax personal allowance for the 1974-75 tax year and subsequent years. On its introduction, the age allowance was, in the case of a married person, £50 or €63 and for a single or widowed person, £25 or €32. The age tax credit was last changed in budget 2002 when, in the context of the changeover to the euro, its value was increased slightly to €205 per annum for a single person aged 65 or over and to €410 per annum for a married couple where one spouse is or both spouses are aged 65 or over.

The question of a further increases in the value of the age tax credit will be a matter to be considered in the context of future budgets. However, I would point out to the Deputy that the approach adopted in recent years with regard to tax policy and the elderly has been to assist such persons primarily through increases in the age exemption limits under which those aged 65 or over are exempt from income tax up to specified limits.

Brian O'Shea

Ceist:

268 Mr. O’Shea asked the Minister for Finance his proposals to remove the 21% VAT rate which applies to a medication used to treat bees (details supplied); and if he will make a statement on the matter. [24005/05]

The VAT rating of goods and services is subject to the requirements of EU VAT law with which Irish VAT law must comply. The position is that the VAT rating of medicine of a kind used for animal oral consumption is generally subject to the zero rate of VAT. However, under EU law, the supply of non-oral animal medicine does not qualify for the zero rate. The veterinary medicine in question, Bayvarol, is not taken orally and its supply is, therefore, subject to VAT at the rate of 21%.

Under the EU sixth VAT directive, I am precluded from adding to the range of supplies subject to the zero rate of VAT.

Irish Language.

Brian O'Shea

Ceist:

269 Mr. O’Shea asked the Minister for Finance the amount his Department has spent to date in 2005 on the implementation of the provisions of the Official Languages Act 2003; his estimate of the amount which his Department will spend on the implementation of the Official Languages Act 2003 for the full year in 2005; and if he will make a statement on the matter. [24008/05]

My Department has not allocated a specific overall provision in its 2005 Estimates towards the cost of implementing the provisions of the Official Languages Act 2003.

The main area of expenditure on the Irish language in my Department is through Gaeleagras na Seirbhíse Poiblí. Gaeleagras was established in the Department in 1971 with the general aim of promoting the Irish language throughout the Civil Service. Gaeleagras continues to make a significant contribution to the promotion and development of the use of Irish in the Civil Service including supporting the implementation of the Official Languages Act 2003. In anticipation of an increased level of activity in 2005, the allocation for Gaeleagras this year is €369,000, an increase of €131,000 over the 2004 outturn. Up to June, 2005, Gaeleagras have spent €74,000 ofthis allocation. It is anticipated that the full allocation will be spent during the remainder of 2005.

Outside Gaeleagras, work relating to implementing the Official Languages Act 2003 is spread across the Department and is undertaken in conjunction with officials' existing duties. It is, therefore, not possible to provide an overall cost for the implementation of the Act in the Department in 2005. However, the additional costs incurred by the Department associated with using external translation and printing services etc. arising from the Act is €6,342 to-date in 2005 and is estimated at around €40,000 for the full year in 2005.

Tax Code.

Ciarán Cuffe

Ceist:

270 Mr. Cuffe asked the Minister for Finance the reason the Government opposed the French proposal for a tax on aviation fuel at a meeting of Finance Ministers; and if he will make a statement on the matter. [24072/05]

At recent meetings of EU Finance Ministers, there has been discussions about exploring the possibility of introducing a tax on aviation fuel or a levy, compulsory or optional, on airline tickets for the purposes of raising revenue for development aid. Opinions differed on the wisdom of such an approach. Following these discussions, the European Commission was asked to submit an analysis of all the issues involved in a compulsory or optional levy on the purchase of airlinestickets.

However, some member states, including Ireland, expressed concerns about the impact on competitiveness which would arise from the imposition of a compulsory tax. This is of particular concern to a country like Ireland on the periphery of Europe where transport costs are particularly significant.

Tax Collection.

Richard Bruton

Ceist:

271 Mr. Bruton asked the Minister for Finance the extent of the practice of discretionary waivers at the Revenue Commissioners in respect of interest in the 1980s; if the practice was widespread; the number of cases that received such waivers; if he can state who in the Revenue Commissioners had the authority to allow such waivers; and if he will make a statement on the matter. [24148/05]

Levying of interest charges is a matter for the Revenue Commissioners and the application or waiving of an interest charge in any instance is dealt with by Revenue under its powers of care and management. The exercise of these powers is carried on by and under the authority of the commissioners. I am informed by Revenue that payment of interest is considerably more problematic than payment of tax. Even in the present climate, where meeting tax obligations is increasingly seen as the correct thing to do, payment of interest is still strongly resisted with many taxpayers putting forward arguments for mitigation of the interest charge.

It is clear that in the 1980s tax collection was radically different from what it is today. There was a significant and widespread problem of non-payment of tax at the time. Revenue's computer systems automatically calculated and issued an interest demand in respect of every late payment. However, this was entirely a process driven programme with no direct personal contact with the taxpayer and no differentiation between cases with genuine difficulties and those who were deliberately delaying payment.

The bulk of the collection effort had to be directed towards the recovery of the tax itself. I have been advised by Revenue that it was not in a position to follow through on the interest charges and inevitably, the approach to interest was unsuccessful. In the circumstances, I am advised by Revenue that "discretionary waivers" in regard to interest did not generally arise. The reality was that, while interest charges were raised, widespread non-payment was the de facto situation with taxpayers systematically taking advantage of the fact that Revenue was not in a position to pursue payment. In the relatively limited number of cases where a taxpayer would have responded to the interest demand from Revenue by way of a request for waiver, such a request would have been considered on its merits and would in the normal course have been decided by the relevant officials in the Collector-General’s office handling the case.

Revenue policy and practice today in relation to interest collection are clear and very effective. This is borne out by the fact that in 2004 debt was a mere 2.4% of collection for that year compared to 68% in 1988. This has been achieved through a combination of measures, including vastly improved collection performance and write-off of uncollectible debt.

Appointments to State Boards.

Ruairí Quinn

Ceist:

272 Mr. Quinn asked the Minister for Finance if he will provide a list of the vacancies on the boards of statutory or State bodies and other statutory appointments which currently exist and which must be made by him or the Government; the reason, in each case, for the vacancy; and when each vacancy will be filled. [24178/05]

One vacancy exists on each of the national treasury management agency advisory committee and the national pensions reserve fund commission, due, respectively, to the retirement and to the expiry of the term of office of members. There are three vacancies on the disabled drivers medical board of appeal arising from the recent expansion of the board. Arrangements are in train for the filling of these vacancies.

Ruairí Quinn

Ceist:

273 Mr. Quinn asked the Minister for Finance if he will provide a list of boards of statutory or State bodies and statutory appointments to which vacancies are expected to fall due between now and 31 December 2005 for appointments to be made by him or the Government; and the mechanisms envisaged by which the appointees will be selected. [24192/05]

Three vacancies will arise on the board of An Post National Lottery Company in November 2005. These vacancies will be filled in accordance with section 14 of the National Lottery Act 1986.

In considering persons for appointment to boards under the aegis of my Department, I have regard to a range of factors, including the guidelines set out in the Cabinet handbook regarding eligibility, transparency and gender balance.

Question No. 274 answered with QuestionNo. 258.

Benchmarking Awards.

Willie Penrose

Ceist:

275 Mr. Penrose asked the Minister for Communications, Marine and Natural Resources if his Department will take steps to make payment due under parallel benchmarking to persons in general operative grades employed by the Central Fisheries Board and regional fisheries board; and if he will make a statement on the matter. [23780/05]

Payment of the second phase of benchmarking and general round increases is due to be paid to the general operatives and foreman grades of the central and regional fisheries boards subject to the approval of their modernisation action plan. The performance verification group has recently approved the plan and the Department has instructed the Central Fisheries Board to apply the pay increases as soon as possible.

Ethics in Public Office.

Aengus Ó Snodaigh

Ceist:

276 Aengus Ó Snodaigh asked the Minister for Communications, Marine and Natural Resources if his Department has issued ethical guidelines to public representatives in keeping with the Kimberly process and to assist them in ensuring that they do not inadvertently invest in conflict diamonds. [23898/05]

The Deputy will be aware that my Department has not issued ethical guidelines to public representatives in keeping with the Kimberly process.

Post Office Network.

Cecilia Keaveney

Ceist:

277 Cecilia Keaveney asked the Minister for Communications, Marine and Natural Resources his views on requests (details supplied) made by the Irish Postmasters Union; and if he will make a statement on the matter. [23525/05]

The Government and the board of An Post are committed to the objective of securing a viable and sustainable rural post office network as set out in the programme for Government. The overarching objective continues to be the retention of post office services in as many locations as possible in the manner which best meets consumer needs whether services are provided via post offices, postal agencies or the Postpoint network. I would like to outline my commitment and that of the Minister for Social and Family Affairs, Deputy Brennan, to the post office network. This has been demonstrated in meetings with interested parties, including my meetings and those of the Minister for Social and Family Affairs with the IPU.

I reiterate my view and that of my colleague, Deputy Brennan that we want to see An Post delivering social welfare payments to the maximum number of people. Quality customer services, however, mean that people must be allowed to choose their preferred method of payment. An Post has commenced work on a new business model for the post office network that will involve a substantial upgrade of information technology systems to offer electronic funds transfer functionality to social welfare recipients and a wider suite of financial and other services to new and existing customers. Pending progress on the system upgrades, I have agreed with the Minister for Social and Family Affairs that, for the moment, all payment options will receive equal standing on social welfare forms and that the Department of Social and Family Affairs will not actively push EFT for social welfare clients.

On the issue of upgrading post offices, the automation of the network was completed in 1997 and it has only been in very exceptional circumstances, such as an existing automated office closing and its equipment being transferred to a suitable neighbouring location that transacts significant volumes of welfare business, that further offices were automated since then. However, I am convinced that An Post's long-term strategy must satisfactorily address electronic technology in a comprehensive fashion. In the interim, a pilot project will see ten small post offices computerised. In a separate initiative, the company, in conjunction with the Department of Community, Rural and Gaeltacht Affairs, is working on an initiative to automate nine island post offices. As many strands of the upgrade strategy are being advanced, I have informed the IPU that a meeting at this stage would not add much to the process but I have undertaken to keep it informed on this issue.

Parliamentary Questions.

Paul Kehoe

Ceist:

278 Mr. Kehoe asked the Minister for Communications, Marine and Natural Resources when this Deputy will receive a reply to Question No. 159 of 22 June 2005; and if he will make a statement on the matter. [23684/05]

As indicated in my reply to Question No. 159 of 22 June 2005, my Department is compiling the relevant material and I will write to the Deputy in this regard as soon as possible.

Fishing Industry Development.

Paul Kehoe

Ceist:

279 Mr. Kehoe asked the Minister for Communications, Marine and Natural Resources when the report commissioned by his Department on the decommissioning requirements of the scallop fishing fleet will be published; and if he will make a statement on the matter. [23685/05]

I understand that the report of the review that I announced on 10 June 2005 will be presented to me next week. I intend to have the report published as soon as possible thereafter.

Electricity Generation.

Paul Kehoe

Ceist:

280 Mr. Kehoe asked the Minister for Communications, Marine and Natural Resources if his Department has made a study of the most suitable areas for wave or tidal generated electricity in this country; if so, the areas which were most suitable; and if he will make a statement on the matter. [23686/05]

The technologies to harness wave and tidal energies to produce electricity are at an early stage of research globally. An extensive research and development programme must be successful before this significant potential resource can be efficiently harnessed and the most suitable sites identified. Ireland participates in the International Energy Agency's research and development implementing agreement on ocean energy to monitor and benefit from worldwide expertise. In addition, at the national level, Sustainable Energy Ireland, SEI, and the Marine Institute have jointly commenced a research and development programme to identify the potential of wave and tidal energy in Ireland and also to assist industry to investigate prototype devices.

Research projects under way include Tidal and Marine Current Energy Resource in Ireland, a study on the potential economic benefits from the development of ocean energy in Ireland and a study to establish the total, feasible, practical Irish offshore wave energy resource. Other research supported by SEI and the Marine Institute in recent years include Marine Institute — Development and Evaluation Protocol for Ireland in 2004, the Hydam Technology Limited design study support to finalise the mathematical model of the MWP in 2004, University College Dublin's tidal energy feasibility study in 2004, the ESBI's Inshore Atlantic Wave Regime: County Clare in 2003, Ocean Energy's B2D2 wave energy pilot plant in 2003 and Wavebob Limited's The Wavebob in 2004. It is anticipated that reports of these studies will be published in due course. I will continue to monitor progress to ensure that as the technologies develop, we are well placed to harness the significant wave and tidal resources.

Paul Kehoe

Ceist:

281 Mr. Kehoe asked the Minister for Communications, Marine and Natural Resources if his Department has made a study of the most suitable areas for wind generated electricity in this country; if so, the areas which were most suitable; and if he will make a statement on the matter. [23687/05]

The most suitable locations for wind farms are those sites that can secure planning permission or a foreshore lease and licence in the case of offshore projects, have suitable wind speeds and can access the electricity network. Sustainable Energy Ireland, SEI, has published a digital map of our onshore and offshore wind resource. The wind atlas is available on DVD-ROM from the Renewable Energy Information Office, Bandon, County Cork and a lower resolution version is accessible on the SEI website at www.sei.ie. These resources allow any interested party to identify suitable wind energy resources at heights of 50, 75 and 100 metres at any location.

In addition, the draft wind farm planning guidelines published by the Department of the Environment, Heritage and Local Government in 2004 propose that areas suitable for the development of wind farms should be identified within each county development plan and will be published in final form shortly. As county development plans identify suitable sites, these can be cross-referenced to the wind resource map. It will then be possible to target infrastructure upgrades on the electricity networks at identified locations to maximise the contribution of wind energy to the electricity mix at least additional cost to consumers.

Search and Rescue Service.

Cecilia Keaveney

Ceist:

282 Cecilia Keaveney asked the Minister for Communications, Marine and Natural Resources when urgent structural and physical works will be carried out on a building (details supplied) in County Donegal; and if he will make a statement on the matter. [23688/05]

There are no urgent structural and physical works required at the Marine Rescue Centre at Malin Head, County Donegal. However, as part of the future development of the marine emergency co-ordination services of the Irish Coast Guard, proposals to develop the Malin Head station further are being considered at this time and this process will be completed as quickly as possible.

Natural Gas Grid.

Eamon Ryan

Ceist:

283 Mr. Eamon Ryan asked the Minister for Communications, Marine and Natural Resources if he will provide details of where the public can view the documents submitted in compliance with the consent issued under EU Directive 85/337EEC as amended, in respect of the development of the Corrib Gas pipeline. [23689/05]

Under Directive 85/337 and 97/11, assessment of the effects of certain public and private projects on the environment, the developers of the Corrib gas field project submitted to my predecessor an environmental impact statement, EIS, together with their application for consent to construct a pipeline. In accordance with the requirements of EU and national legislation, the documentation was put on public display by the developers for a period of one month for the making of objections and representations on the application.

The environmental aspects of the development were examined fully by the marine licence vetting committee, MLVC, which is an independent body composed of professional experts across the disciplines relevant to the project. In addressing the EIS, the MLVC brought its own expertise to bear and fully examined any views of interested parties and those expressed by persons who, during the public consultation process, submitted observations. Following the consultation process and the MLVC deliberations, it submitted to my predecessor its considered views and recommendations.

In line with the commitment given at a seminar held in Geesala on 25 July 2001 and in the interests of transparency, the MLVC report on which my predecessor's decisions on the various applications were based was published. The Department and the environmental monitoring group, EMG, which was set up as a condition attaching to the various approvals, are monitoring the documentation submitted by the developers in compliance with the conditions attached to the pipeline consent. The EMG is composed of professional experts from the Department and other bodies across the disciplines relevant to the environmental conditions attached to the various approvals as well as departmental officials and members of Mayo County Council, Shell E & P Ireland Limited and representatives from various local Mayo residents groups. This group meets on a monthly basis and has the responsibility, inter alia, of exchanging information on the Corrib gas field project in respect of environmental management and monitoring. There is no prohibition on any individual member or representative group on the EMG providing this information publicly. I am aware that the resident groups' members hold regular meetings in their communities and this would be an appropriate opportunity for disseminating this information.

Fisheries Protection.

John Perry

Ceist:

284 Mr. Perry asked the Minister for Communications, Marine and Natural Resources further to the recent confirmation from a laboratory in France of the discovery of bonania ostria in live oysters in Lough Foyle, the action he will take to allay the fears of the fishermen in Lough Swilly to prevent this outbreak spreading to Lough Swilly; and if he will make a statement on the matter. [23691/05]

In line with the requirements of EU regulations, measures are in place that provide for the control of movements of oysters and other shellfish from bays around the coast. Immediately on the Department's receipt of notification from its scientific advisers, the Marine Institute, of a possible positive test for bonamia in Lough Foyle, applications made to the Department of Communications, Marine and Natural Resources to move oysters and other shellfish originating in Lough Foyle for growing in areas free of bonamia would be refused as a precautionary measure. The ban on such movements is still in force and will remain so. Officials of this Department are working closely with their counterparts in Northern Ireland, the Marine Institute and the Loughs Agency to arrange for sound practical measures to be put in place for shellfish operators to follow in Lough Foyle. In addition, the Marine Institute will work with this Department, the Northern Ireland authorities, the Loughs Agency and operators in Lough Foyle to carry out an epidemiological study, as required by EU regulations, into the possible causes of the outbreak.

Fishing Industry Development.

Thomas P. Broughan

Ceist:

285 Mr. Broughan asked the Minister for Communications, Marine and Natural Resources his views on decommissioning and compensation for coastal communities reliant on fishing; and if he will report on any progress in respect of the grave difficulties endured by the scallop fishing fleets of the south east. [23750/05]

On 10 June, I announced a review of the overall need for decommissioning. This review is ongoing and involves an assessment of the need and extent of the decommissioning requirement for the various demersal and shellfish fleets, including scallops. This review will be completed shortly and will give an important overall perspective. It will examine the various issues, including eligibility for decommissioning aid where strict EU rules apply. I cannot pre-empt the outcome of this review. It is a planned and structured approach and I look forward to receiving the report within the next week or so, following which I will urgently examine it.

Postal Services.

John Cregan

Ceist:

286 Mr. Cregan asked the Minister for Communications, Marine and Natural Resources if he will report on ongoing staff negotiations at An Post; the reason matters are being allowed to drift on; if he is directly involved; if they are being left to management; the details of increases in payment to the board and the chair; and the reason for same. [23751/05]

I have no statutory function in regard to industrial relations issues within An Post. It is an operational issue for the board and management of the company. The full resources of the State's industrial relations machinery continue to be made available to management and unions to assist in resolving industrial relations issues at An Post. I have urged both sides to make full use of that machinery and I understand that the process is still ongoing. The difficulties within An Post are long-standing and deep-seated and, therefore, obtaining agreement to a recovery strategy by all stakeholders has been difficult.

In regard to the non-payment of Sustaining Progress increases, in which An Post has invoked the "inability to pay" clause, the unions have referred this matter to the Labour Relations Commission, LRC, and the Labour Court. Following a hearing in the Labour Court in March 2005, the LRC appointed assessors to examine whether the company was correct to invoke the "inability to pay" clause. The assessors' report was presented to both parties in the LRC in early June. The key recommendation was for an increase of 5% backdated to 1 January 2005. An Post unions have not accepted this recommendation and the issue will now be referred to the Labour Court. An Post intends to implement the assessors' recommendation and will pay employees a 5% increase at the end of June 2005 backdated to 1 January 2005.

The Government decides the remuneration scale for the chairpersons of State bodies. Essentially, the remuneration package is dependent on the size of the body. Given its size and the importance of the services it provides, An Post is a category one State body and the fee level for the chairperson is €19,046 per annum. However, a higher fee level than the norm can be approved by the Minister for Finance for individual chairpersons. This tends to arise when a State body is facing particular challenges and the commitment required of the chairperson would be greater than the norm. The board of An Post would have no role in deciding the remuneration package for the chairperson.

The appointment of the current chairperson of An Post was made in February 2003 subject to payment of the normal fee for category one chairpersons. However, the chairperson sought an increased rate of remuneration in June 2003 arising from the significant time commitment that the chairperson considered was necessary. The fee sought was based on a rate per day that, when aggregated, amounted to an annual package of approximately €50,000. By this time, it was clear that An Post was facing significant challenges both on the financial and industrial relations fronts and, as a result, the chairperson of An Post considered that a greater time commitment than the norm was required.

The key role of the board was reiterated when my predecessor, Deputy Dermot Ahern, met the board in October 2003 and reminded its members of their crucial oversight obligations in regard to the recovery strategy for An Post. To reflect the importance of the role of the chairperson in overseeing the recovery strategy, it was decided by the Minister for Finance that the chairperson could be offered a remuneration package of €50,000 per annum which she has accepted. Members of the board at An Post are paid €12,635 per annum in line with Department of Finance guidelines.

Industrial Relations.

Seán Ryan

Ceist:

287 Mr. S. Ryan asked the Minister for Communications, Marine and Natural Resources if his attention has been drawn to a company (details supplied) which has announced recently that it plans to outsource its remaining three vessels that operate on the Irish Sea with low cost foreign labour and to fund this job replacement policy with a similar arrangement; the steps he proposes to take to prevent this policy being implemented; and his proposals to ensure that commitments guaranteed by both the Government and this company in respect of future employment of the workforce are met in full. [23752/05]

The Department of Communications, Marine and Natural Resources does not have a role in industrial relations matters. An agreed joint statement was issued from Irish Ferries and SIPTU on 16 June 2005, stating that the parties have agreed to appoint assessors to conduct a comprehensive review of operations encompassing the Irish Sea and continental corridors. The parties have requested the assessors to develop to set of recommendations designed to meet the requirements of the business for their consideration within a six week timeframe. According to the joint statement, it was also agreed that there would be no action in any form nor would there be any further media statements for the duration of the assessment process.

Water Pollution.

John Perry

Ceist:

288 Mr. Perry asked the Minister for Communications, Marine and Natural Resources the measures his Department and the fisheries board intend to take following the Environmental Protection Agency report on water quality (details supplied). [23755/05]

Primary responsibility for protecting water quality rests with the relevant local authorities and proposals to deal with environmental threats in this area are a matter for these bodies to decide in consultation with the Environmental Protection Agency and the Department of the Environment, Heritage and Local Government. Under the Fisheries Acts, the central and regional fisheries boards that have primary responsibility for the protection, conservation and management of inland fisheries stocks and operate under the aegis of this Department are co-operating closely with the Department of the Environment, Heritage and Local Government and its agencies in rolling out the water framework agenda. I am assured by the fisheries boards that for their part they will make every effort to ensure that under this agenda, sufficient priority and focus will be placed on addressing water quality and the impact on fisheries identified in the EPA reports.

Grant Payments.

John Perry

Ceist:

289 Mr. Perry asked the Minister for Communications, Marine and Natural Resources if grant assistance will be provided to assist in the development of a marina at Fahan in County Donegal (details supplied); and the grants available to private developers of marinas in the State. [23756/05]

An application was submitted under the port infrastructure and marine safety measure, INTERREG IIIA Ireland-Northern Ireland programme for the development of a marina and onshore facilities at Fahan, Lough Swilly, County Donegal. The project is the subject of correspondence between the promoter's solicitors and the Chief State Solicitor in respect of compliance with the terms and conditions of the foreshore lease relating to the development. In the circumstances and pending the resolution of these fundamental issues, consideration of an application by the company for funding under the INTERREG programme cannot be progressed. Other than the INTERREG programme, since the suspension of the marine tourism grant scheme in December 2002, no funds have been available from the Department to support the development of marinas in the State.

Fishing Vessel Licences.

John Perry

Ceist:

290 Mr. Perry asked the Minister for Communications, Marine and Natural Resources if a ship (details supplied) is having its name changed; if the shortfall in tonnage for said vessel will be made up; the history of said vessel; and if it will be used in the future for fishing purposes. [23757/05]

I understand that an application was made to my Department on 23 May 2005 for a name change for the vessel concerned. The ministerial consent required under section 67 of the Mercantile Marine Act 1955 in respect of the name change was conveyed to the vessel owners' solicitors on 26 May 2005. I understand that the name change for the vessel has not been effected yet pending completion of certain registration procedures by the vessel owners with the Registrar of Shipping at Sligo Port.

The Licensing Authority for Sea-fishing Boats, to which responsibility for the licensing of sea-fishing boats transferred under the Fisheries (Amendment) Act 2003, has informed me that there is no outstanding shortfall in replacement capacity in respect of the current vessel. Full replacement capacity was provided prior to licensing of the newly built vessel on 10 April 2001. Replacement tonnage was provided on the basis of gross registered tonnes in accordance with licensing policy in place at that time.

The licensing authority understands that the owners of the current vessel propose to introduce a new replacement vessel later this year and to register it under the present name on the vessel. It also understands that they propose to remove the current vessel from the register and expects that the capacity of the vessel will be used towards the licensing of the replacement vessel. Any shortfall in replacement capacity would need to be provided before the replacement vessel could be licensed and registered by the licensing authority. The licensing authority is not at this stage aware of the proposed future use of the current vessel following its deregistration. In the meantime it proposes to renew the sea-fishing boat licence for the vessel with effect from 1 July 2005.

Departmental Properties.

Róisín Shortall

Ceist:

291 Ms Shortall asked the Minister for Communications, Marine and Natural Resources his Department’s interest in retaining a property (details supplied) in County Donegal; his Departments plans for this building and when it will be used; and if his Department will provide an explanation to the person in question regarding its intentions in this matter. [23759/05]

The Irish Coast Guard of the Department proposes to retain the property in question for the storage of emergency response and counter pollution equipment.

Fisheries Protection.

John Perry

Ceist:

292 Mr. Perry asked the Minister for Communications, Marine and Natural Resources his views on the recent study by the Royal Irish Academy, Biology and the Environment: Threatened Irish Freshwater Fishes; and if he plans to draft a future programme to protect valuable native Irish species (details supplied). [23761/05]

On 15 June 2005, I was pleased to launch on behalf of the Royal Irish Academy and the Irish Char Conservation Group its publication on Threatened Irish Freshwater Fishes. This publication makes a very valuable contribution to our knowledge of some of Ireland's rare native species which are an important and unique aspect of our natural heritage. The publication brings together important information as to what these rare fish species are, their distribution and status as well as recommendations for their future conservation.

Under the Fisheries Acts, primary responsibility for the protection and conservation of freshwater fish stocks rests with the central and regional fisheries boards. I understand that measures to protect the species referred to in the Royal Irish Academy's publication are being taken by the fisheries boards in the context of the European Union's water framework directive. In this regard, I am advised by the Central Fisheries Board that the status of smelt, shads and lamprey populations is currently being investigated by it and the regional fisheries boards as part of the national fisheries research programme and in specific locations on behalf of the national parks and wildlife service and the Department of the Environment, Heritage and Local Government.

I am sure that the knowledge shared through the publication referred to by the Deputy will assist the fisheries boards meaningfully in their task of conserving and protecting these species. The central and regional fisheries boards are co-operating closely with other Departments and agencies in rolling out the water framework agenda. I am assured by the fisheries boards that for their part they will make every effort to ensure that, under this agenda, sufficient priority and focus will be placed on addressing the pressures on these particular species.

Inland Fisheries.

John Perry

Ceist:

293 Mr. Perry asked the Minister for Communications, Marine and Natural Resources the measures he will take to help snap fishermen on the River Suir; and if his attention has been drawn to the fact that the outflow pipe (details supplied) was installed into the river by Tipperary County Council without any foreshore licensing. [23762/05]

I met representatives of snap net fishermen who operate on the River Suir inCarrick-on-Suir on 3 June. I have noted the issues and concerns that were raised at the meeting and will have the points that were put to me considered carefully in conjunction with the report on the matter that has been prepared by the Department's engineering division. The engineering division's report states that the effect on fishing of the waster water treatment plant outfall can only be described as localised and minor. The fishermen have also been invited to furnish to the Department copies of the fishing records for the section of the river that they say has been affected by the outfall. The formal granting of a licence under the Foreshore Acts in respect of the outfall is being finalised.

Research Funding.

John Perry

Ceist:

294 Mr. Perry asked the Minister for Communications, Marine and Natural Resources if the Government is financially supporting the marine research programmes on which Norway and Ireland are due to co-operate; the length of time co-operation is due to last between the two countries on this project; if the Government is financially supporting this co-operation, the length of time funding will last; and if funding will be increased if necessary for the programme. [23764/05]

The agreement for collaboration between the Marine Institute in Ireland and the Institute of Marine Research in Norway was set out in a memorandum of understanding signed on 15 June 2005. The programmes of research undertaken by the Marine Institute are funded through the annual grant made to it through the Department's Vote. The areas of collaboration include seabed, habitat and oceanographic surveys, fish farming and fish health, joint use of major equipment, exchange of personnel, collaboration on the ship time and best practice for the operation of research vessels. The collaboration will consist of creative exchange and facilities on approved national programmes at little additional cost to either partner.

Under the programme on fisheries acoustics, the annual blue whiting acoustic survey measures the size of the blue whiting stock as it aggregates to spawn off the west of Ireland. The RV Celtic Explorer, Ireland, and RV Geosars, Norway, work closely together and exchange personnel. The total cost of this project is €402,138, which is funded 50% by the Marine Institute and 50% by the EU. The survey fulfils Ireland’s obligations under the EU data collection regulation, EU Council Regulation 1543/2000. The memorandum of understanding is in force for a four-year period and it is not anticipated that any funding additional to that approved annually for the Marine Institute’s overall research programmes will be required. The collaboration is designed to be mutually beneficial and to enhance the quality of the research work undertaken, and it is anticipated that it will deliver considerable additional value for money.

Inland Fisheries.

John Perry

Ceist:

295 Mr. Perry asked the Minister for Communications, Marine and Natural Resources if the Fisheries Board has sourced the reason behind the recent fish kill of 600 trout and young salmon on the campus grounds of the University of Limerick; and the measures being put in place to prevent a similar reoccurrence. [23765/05]

Under the Fisheries Acts, primary responsibility for the protection, conservation and management of inland fisheries stocks is a matter for the relevant regional fisheries board, in this case the Shannon Regional Fisheries Board. I am advised by the chief executive officer of that board that a fish kill occurred on a mill stream off the main River Shannon at the University of Limerick on 11 June 2005. I understand that in the course of its investigation, the board observed a total of 544 dead fish in the millrace. While trout were the predominant species killed, other species killed included salmon parr, sea lamprey, dace, stoneloach and minnow.

The fisheries board advises me that it has now identified the suspected source of the pollution and is compiling the evidence necessary to consider initiating a prosecution in the matter. I understand that the board has already been in contact with the suspected offender and requested that certain works be undertaken to prevent a recurrence of the incident. In the wider context, the regional fisheries board is strongly urging people on or near rivers to recheck their pollution control systems to ensure that they are sufficient for the task required.

Water Quality.

John Perry

Ceist:

296 Mr. Perry asked the Minister for Communications, Marine and Natural Resources the source behind these chemicals entering fish in the Liffey; the way in which his Department and the Fisheries Board are working to stop these chemicals interfering with fish. [23766/05]

Primary responsibility for protecting water quality rests with the relevant local authorities and proposals to deal with environmental threats in this area are a matter for these bodies to decide in consultation with the Environmental Protection Agency and the Department of the Environment, Heritage and Local Government. Under the Fisheries Acts, the central and regional fisheries boards have primary responsibility for the protection, conservation and management of inland fisheries stocks and operate under the aegis of this Department. They co-operate closely with the Department of the Environment, Heritage and Local Government and its agencies.

In this regard, I understand that the Eastern Regional Fisheries Board provided assistance to the Environmental Protection Agency in its recent investigations carried out on water quality and its impact on fisheries in the River Liffey. I understand that the fisheries board agrees with the conclusion of the EPA that further investigations are required to identify and quantify the substances causing the oestrogenic effects. It is the board's view that such an analytical programme, due to its complexity, should be confined to locations where biological or oestrogenic effects are indicated. I am assured by the board's chief executive officer that it will continue to liaise with the EPA and give whatever assistance it can to further these investigations.

Departmental Expenditure.

Enda Kenny

Ceist:

297 Mr. Kenny asked the Minister for Communications, Marine and Natural Resources the amount of his Department’s budgetary allocation for 2004; the amount of this allocation which was returned to the Department of Finance at year’s end; the Vote head from which such returned allocations were derived; and if he will make a statement on the matter. [23975/05]

A total of €1.48 million of the Communications, Marine and Natural Resources 2004 Estimate provision was surrendered to the Exchequer. A table shows the budgets and outturns at a subhead level in 2004 for expenditure together with total estimated and actual receipts. The surrender to the Exchequer in any one year is a function of both expenditure and receipts in that year. It is not possible, therefore, to associate the surrender with specific subheads, although the table below does set out details of variations from planned expenditure at subhead level that contributed to overall gross savings.

In general, savings under the annual Vote provisions arise within capital expenditure programmes. Prior to the introduction of the multi-annual capital investment framework in 2004, Departments were allocated within the annual Estimates process a capital budget for the current year. No provision was made for the carry over of any capital savings to future years. This process did not facilitate best practice multi-annual project planning or guarantee the position in respect of future allocations for capital projects.

The multi-annual capital investment framework, announced by the Minister for Finance in the December 2003 budget, provides for multi-annual capital envelopes of five years and year-to-year carry overs and addresses these difficulties by enabling Departments and their agencies to plan and manage more efficiently and effectively their capital investment programmes. Savings arising in one year can now be carried forward to fund future requirements as part of a multi-annual capital investment plan. A total of €10 million of overall 2004 savings were, accordingly, carried over to 2005. The framework will also ensure that both a proper balance is maintained between different areas of investment and that value for money is obtained from capital investment.

Subhead

Estimate

Outturn

Carryover to 2005

Total Appropriated (2+3)

Variation (4-1)

(€000s)

(€000s)

(€000s)

(€000s)

(€000s)

1

2

3

4

5

A1-A9

Administration

49,419

55,493

55,493

6,074

B1

Irish Coast Guard

25,984

23,633

500

24,133

-1,851

B2

Maritime Safety & Marine Regulation

4,893

4,677

4,677

-216

C1

Seaports & Shipping

2,039

1,408

1,408

-631

C2

Development & Upgrading of Harbours for Fishery Purposes

21,243

14,272

1,270

15,542

-5,701

C3

Coast Protection & Management

780

2,117

2,117

1,337

C4

Marine & Natural Resources Tourism Programme

2,851

11

11

-2,840

C5

Foreshore Development

849

82

82

-767

D1

Marine Institute (Grant-in-Aid)

18,956

18,952

500

19,452

496

D2

Salmon Research Agency

259

259

259

D3

National Seabed Survey

4,300

4,514

500

5,014

714

E1

Bord Iascaigh Mhara

28,475

28,475

28,475

E2

Fisheries Conservation & Management

2,300

1,558

350

1,908

-392

E3

Fish Processing

1,500

1,045

1,045

-455

E4

Aquaculture Development

4,930

4,462

445

4,907

-23

E5

Aquaculture Licences Appeals Board

263

252

252

-11

F

Inland Fisheries

23,018

21,880

1,665

23,545

527

G1

Petroleum Services

2,579

2,579

2,579

G2

Energy Conservation (Grant-in-Aid)

13,741

13,741

13,741

G3

Farm Electrification Grant Scheme

150

65

65

-85

H1

Regional Broadband & Technology Demonstration Programme

32,500

26,450

4,770

31,220

-1,280

H2

Multimedia Development

1,270

1,271

1,271

1

I1

Grant to RTE for Broadcasting Licence Fees (Grant-in-Aid)

167,294

160,569

160,569

-6,725

I2

Payment to An Post for Collection of Broadcasting Licence Fees

12,229

12,189

12,189

-40

I3

Broadcasting Commission of Ireland (Grant-in-Aid)

6,345

4,991

4,991

-1,354

I4

RTE — Deontas i leith Theilifis na Gaeilge (Deontas-i-gCabhair)

24,161

24,161

24,161

I5

Broadcasting Fund

8,804

8,451

8,451

-353

J

Change Management Fund

300

192

192

-108

K

Other Services

4,496

3,331

3,331

-1,165

Total

465,928

441,080

10,000

451,080

-14,848

Receipts

208,346

194,977

194,977

13,369

Net Outturn-Surrender

257,582

246,103

10,000

256,103

-1,479

Brian O'Shea

Ceist:

298 Mr. O’Shea asked the Minister for Communications, Marine and Natural Resources the amount his Department has spent to date in 2005 on the implementation of the provisions of the Official Languages Act 2003; his estimate of the amount which his Department will spend on the implementation of the Official Languages Act 2003 for the full year in 2005; and if he will make a statement on the matter. [24009/05]

My Department provisionally estimates that €13,300 has been spent to date in 2005 on the implementation of the provisions of the Official Languages Act 2003. My Department is not in a position to provide an estimate of expenditure for the full year. Expenditure will continue to be monitored closely.

Natural Gas Grid.

Paul Nicholas Gogarty

Ceist:

299 Mr. Gogarty asked the Minister for Communications, Marine and Natural Resources if there are plans to introduce regulations regarding the qualifications of gas installers; and if he will make a statement on the matter. [24044/05]

Natural gas and, in particular, the safe use of this important resource is a key priority. I have undertaken to strengthen existing legislation with the aim of enhancing public safety and reducing the number of gas related accidents taking place annually. To this end, I have obtained Government approval to prioritise the drafting of natural gas safety legislation that will be included in the energy (miscellaneous provisions) Bill.

The legislation being drafted by the Office of the Parliamentary Counsel provides, inter alia, that the promotion and regulation of safety in the downstream natural gas sector, including gas installers, shall become a function of the Commission for Energy Regulation, CER. Stemming from this, it is proposed the CER will establish and implement a natural gas safety regulatory framework and report to me on its functioning.

In parallel with this process, my Department has carried out a public consultation process in conjunction with the CER in respect of natural gas safety, both as a clear signal to the market of my intention to see regulation strengthened in this area and also to allow the sector to provide positive inputs on the new safety regime proposed. The legislation also provides for a scheme of regulation specifically aimed at gas installers. Such a scheme will ensure that all future work on natural gas fittings conforms to the appropriate safety standards. It will also make it unlawful for any person who is not a certified natural gas installer to work on a natural gas fitting.

Regional Fisheries Boards.

Denis Naughten

Ceist:

300 Mr. Naughten asked the Minister for Communications, Marine and Natural Resources if he will intervene in and review the unjust fishing permit system on the River Suck; if he will meet with a delegation (details supplied); and if he will make a statement on the matter. [24100/05]

As I have already informed the House several times, under the Fisheries Acts 1959 to 2001 the regional fisheries boards are empowered to apply a permit charge for angling on fisheries under their control and management. However, the application of such a permit charge is an operational matter solely for the relevant board to decide, in this instance the Shannon Regional Fisheries Board, and is not an issue over which I as Minister of State have any function.

I am advised by the Shannon Regional Fisheries Board that it has had a permit charge for trout angling for many years on fisheries that it controls and manages in the region. I understand that the fisheries board, in reviewing its management and the fees charged for its fisheries in 2002, decided to extend the permit charges to cover coarse angling on the board controlled fisheries on the basis that it was unfair to charge one angler to fish for one species while another angler fishing for a different species on the same water was not charged.

The Shannon Regional Fisheries Board assures me that the permit income is reinvested in the conservation and day-to-day management and development of these fisheries. In this regard, the board is actively promoting the region's fisheries abroad in partnership with tourist bodies and others relevant interested parties. However, the board advises me that while the Suck Valley Development Co-Operative Limited was invited to participate in this approach, it has so far declined to take part. As this is an operational matter for the board to determine, it would be inappropriate for me to intervene.

Departmental Appointments.

Ruairí Quinn

Ceist:

301 Mr. Quinn asked the Minister for Communications, Marine and Natural Resources if he will provide a list of the vacancies on the boards of statutory or State bodies and other statutory appointments which currently exist and which must be made by him or the Government; the reason, in each case, for the vacancy; and when each vacancy will be filled. [24179/05]

Ruairí Quinn

Ceist:

302 Mr. Quinn asked the Minister for Communications, Marine and Natural Resources if he will provide a list of boards of statutory or State bodies and statutory appointments to which vacancies are expected to fall due between now and 31 December 2005 for appointments to be made by him or the Government; and the mechanisms envisaged by which the appointees will be selected. [24193/05]

I propose to take Questions Nos. 301 and 302 together.

The information requested by the Deputy is provided in a table. Vacancies will be filled as soon as practicable.

Current vacancies and reason why occurring

Method of appointment

Vacancies occurring to end of 2005 and reason why occurring

Method of appointment

Communications

Broadcasting Complaints Commission

No current vacancies

Nine vacancies on 5 September 2005. Term of all board members expires

Appointed by Government. Broadcasting Authority (Amendment) Act 1976, section 4(8)

Digital Hub

Three current vacancies. 11 current members but board has potential for 14

Ministerial nominations. Digital Hub Development Agency Act 2003, paragraphs 15(10) and (11)

No vacancies to end of 2005

Electronic Communications Appeals Panel

One current vacancy. Resignation of member

Ministerial nominations. European Communities (Electronic Communications Networks and Services)(Framework) Regulations 2003. S.I. 307/2003, sections 6 and 7

Three vacancies on 21 September 2005. Term of members expires

Ministerial nominations. European Communities (Electronic Communications Networks and Services)(Framework) Regulations 2003. S.I. 307/2003, sections 6 and 7

RTE

Two vacancies, one pending election of a staff representative.

Appointed by Government. Broadcasting Authority Act 1960 — Section 6

No further vacancies to end of 2005

Energy

Bord Gáis

Two current vacancies. Expiry of terms

Ministerial nomination. Gas Act 1976 — first Schedule, para 7

One vacancy on 2 October 2005. Expiry of term

Ministerial nomination. Gas Act 1976 — first Schedule, para 7

Bord na Móna

Two current vacancies. Expiry of terms

Ministerial nomination, with consent of Minister for Finance. Turf Development Act 1998, section 18(2)

One vacancy on 31 December 2005

Ministerial nomination, with consent of Minister for Finance. Turf Development Act 1998, section 18(2)

EirGrid

One current vacancy. Resignation of member

Ministerial nomination with consent of Minister for Finance. S.I. No. 445/2000: European Communities (Internal Market in Electricity) Regulations, 2000, Section 53(9)

No further vacancies to end of 2005

ESB

One current vacancy. Deceased

Appointed by Government. Electricity (Supply) Act 1927 — Section 5(1)

One vacancy on 5 September 2005. Expiry of term

Appointed by Government. Electricity (Supply) Act 1927 — Section 5(1)

Sustainable Energy Ireland

Three current vacancies. Expiry of term

Ministerial nomination. Sustainable Energy Act 2002, sections 10(13) & (15)

No further vacancies to end of 2005

Natural Resources

Bord Iascaigh Mhara

One current vacancy. Expiry of term

Ministerial nomination. Sea Fisheries (Amendment) Act 1952 Schedule, para 2(7)

No further vacancies to end of 2005

Loughs Agency

No current vacancies

Six vacancies 12 December 2005. Expiry of term

Cross-Border Body. North-South Ministerial Council appointments. British-Irish Agreement Act 1999, Annex 2, Part 6, paras 9.1 to 10.4

Current vacancies and reason why occurring

Method of appointment

Vacancies occurring to end of 2005 and reason why occurring

Method of appointment

Marine Institute

One current vacancy. Expiry of term

Ministerial nomination. Marine Institute Act 1991, Schedule, para 4 and para 11

One vacancy on 19 November 2005

Ministerial nomination. Marine Institute Act 1991, Schedule, para 4 & para 11

National Salmon Commission

20 current vacancies. Expiry of terms

Ministerial nomination. Fisheries (Amendment) Act 1999, section 22(1)

No further vacancies to end of 2005

Inland Fisheries

Eastern Regional Fisheries Board, RFB

Three current ministerial vacancies. One current vacancy in elected category. Three removed for non attendance at meetings One deceased

Ministerial nomination. Fisheries Act 1980, section 10(4)(a)(ii). Elected under Fisheries Act 1980, section 10(4)(a)(i)

Four ministerial vacancies to end of 2005 .12 elected vacancies. One staff nomination vacancy. Expiry of terms

12 elected under Fisheries Act 1980, section 10(4)(a)(i). One staff representative

Northern RFB

One current ministerial vacancy. One current vacancy in elected category. Removed for non attendance at meetings

Ministerial nomination. Fisheries Act 1980, section 10(4)(a)(ii). Elected under Fisheries Act 1980, section 10(4)(a)(i)

Seven ministerial vacancies to end of 2005. 12 elected vacancies. One staff nomination vacancy. Expiry of terms

12 elected under Fisheries Act 1980, section 10(4)(a)(i). One staff representative

North Western RFB

One current vacancy in elected category. Resigned

Ministerial nomination Fisheries Act 1980, section 10(4)(a)(ii). Elected under Fisheries Act 1980, section 10(4)(a)(i)

Eight ministerial vacancies to end-2005. 12 Elected vacancies. Expiry of terms

Elected under Fisheries Act 1980, section 10(4)(a)(i)

Shannon RFB

No current vacancies

Seven ministerial vacancies to end of 2005.14 elected vacancies. One staff nomination. Expiry of terms

Ministerial nomination. Fisheries Act 1980, section 10(4)(a)(ii)

Southern RFB

Two current ministerial vacancies. One current vacancy in elected category. Two resignations

Ministerial nomination. Fisheries Act 1980, section 10(4)(a)(ii). Elected under Fisheries Act 1980, section 10(4)(a)(i)

Four ministerial vacancies to end of 2005. 14 elected vacancies to end of 2005. One staff nomination. Expiry of terms

Elected under Fisheries Act 1980, section 10(4)(a)(i)

South Western RFB

Six current vacancies. Six resigned

Ministerial nomination. Fisheries Act 1980, section 10(4)(a)(ii). Elected under Fisheries Act 1980, section 10(4)(a)(i)

14 ministerial vacancies to end of 2005

Western RFB

One current ministerial vacancy. Resigned

Ministerial nomination. Fisheries Act 1980, section 10(4)(a)(ii). Elected under Fisheries Act 1980, section 10(4)(a)(i)

Six ministerial vacancies to end of 2005. 14 vacancies in elected category. One staff nomination

Marine Ports

Dundalk Port Company

One current ministerial vacancy. Expiry of term

Ministerial nomination with consent of Minister for Finance Harbours Act 1996 section 17(3)(b)

No further vacancies to end of 2005

Port of Cork Company

No current vacancies

One ministerial vacancy on 21 November 2005. Expiry of term

Ministerial nomination with consent of Minister for Finance Harbours Act 1996 section 17(3)(b)

Decentralisation Programme.

Fergus O'Dowd

Ceist:

303 Mr. O’Dowd asked the Minister for Communications, Marine and Natural Resources the progress made to date in respect of the decentralisation of Departments and associated agencies to Drogheda, County Louth; and if he will make a statement on the matter. [24280/05]

The Government's decentralisation programme involves the relocation of the Maritime Safety Directorate and the Irish Coast Guard to Drogheda. The physical relocation of staff depends on the provision of accommodation in Drogheda and this is a matter for the Office of Public Works. The Government's decentralisation implementation group has set a timetable of late 2006 for facilities in Drogheda and the Office of Public Works is working to deliver on this schedule with the Departments concerned, including my Department. My Department is progressing arrangements for staff transfers both internally and with other Departments in advance of physical relocation to Drogheda. There are 71 expressions of interest for the 47 posts in the Maritime Safety Directorate and coast guard in Drogheda.

Question No. 304 withdrawn.

Human Rights Issues.

Cecilia Keaveney

Ceist:

305 Cecilia Keaveney asked the Minister for Foreign Affairs his views on the calls (details supplied) to have a change in legislation in Britain requiring the automatic dismissal of any member of the British armed forces found guilty in a court of law of a serious human rights violation, whether murder, rape or torture; and if he will make a statement on the matter. [23561/05]

This call by members of the McBride family for a change in British legislation to require the automatic dismissal of a member of the British armed forces found guilty of a serious human rights violation is the latest effort in their campaign to ensure the dismissal of British army personnel James Fisher and Mark Wright. In 1995, Scots Guardsmen Fisher and Wright were convicted of the 1992 murder of Mr. Peter McBride, an unarmed Catholic teenager who was killed by two shots in the back. The two men were released after serving six years in prison and re-admitted to the British army despite their murder convictions. Since then, Mr. McBride's family has been seeking their dismissal from the army but several appeals of army board decisions to retain them have been unsuccessful.

Legislation is in place that would allow for the dismissal of Mr. Fisher and Mr. Wright. The Court of Appeal in Belfast gave a majority ruling on 13 June 2003 that there were "no exceptional circumstances" justifying the retention of the men. Mrs. McBride took further judicial review proceedings in April 2004 focusing on the refusal of the British armed forces minister to review the retention of the two soldiers in light of the appeals court's decision. Regrettably, Belfast High Court ruled yesterday that the decision to retain the soldiers remained effective even though the majority of judges found that there was no basis for it.

As the family members of Mr. McBride make clear, the retention of the men in the British army in this context raises questions about the expected standards of behaviour for members of the British army. I fully support their call for these standards to be examined. While the enactment of legislation is a matter for the British Government and Parliament at Westminster, it certainly would be one way of undertaking that exercise and making changes where these were deemed necessary. The Government's objection to the continued retention of Mr. Fisher and Mr. Wright has been repeatedly raised with the British side, including through the British-Irish Intergovernmental Conference, BIIGC. We have also continued to raise the case through the offices of the Secretariat to the BIIGC.

Overseas Missions.

Caoimhghín Ó Caoláin

Ceist:

306 Caoimhghín Ó Caoláin asked the Minister for Foreign Affairs if he will report on the support in materials, cash and personnel provided to UNMIK, IPTF and non-governmental organisations working in Kosovo for 2004 and 2005. [23568/05]

Caoimhghín Ó Caoláin

Ceist:

307 Caoimhghín Ó Caoláin asked the Minister for Foreign Affairs if he will report on the support in materials, cash and personnel provided to the Government of Bosnia-Herzegovina and non-governmental organisations working in Bosnia for 2004 and 2005. [23569/05]

Caoimhghín Ó Caoláin

Ceist:

308 Caoimhghín Ó Caoláin asked the Minister for Foreign Affairs if he will report on the support in materials, cash and personnel provided to the Government of Macedonia and non-governmental organisations working in Macedonia. [23570/05]

I propose to take Questions Nos. 306 to 308, inclusive, together.

Since the early 1990s, Ireland has provided in excess of €30 million in assistance to the western Balkans, including Bosnia-Herzegovina, Kosovo and the Former Yugoslav Republic of Macedonia. In recent years, the focus has shifted from the provision of emergency humanitarian assistance to projects and programmes that encourage the development of functioning public administrations, economic development, including poverty reduction, and the emergence of a civil society. The objective is to work with the countries of the region to consolidate peace and stability and to ensure full respect for human rights and European democratic standards. Ireland also contributes significantly to projects that are implemented on a regional basis, including through the stability pact for south-eastern Europe.

Details of support from my Department for Kosovo, Bosnia-Herzegovina and the Former Yugoslav Republic of Macedonia for 2004 and committed for 2005 are provided. We have also provided development personnel funding for the region amounting to approximately €130,000. Four members of the Defence Forces are serving as military observers with UNMIK in Kosovo. For the period January 2004 to June 2005, Ireland's contribution to UNMIK amounted to approximately €1.2 million. The United Nations International Police Task Force, IPTF, concluded its mission in Bosnia-Herzegovina at the end of 2002.

Funding from the Department of Foreign Affairs 2004-05.

Country

Organisation

Project

2004

2005

Bosnia & Herzegovina

International Trust Fund for de-mining and mine victims assistance

Mine clearance, de-mining and mine victims assistance

115,450

Bosnia and Herzegovina

Office of the High Representative, OHR, for Bosnia and Herzegovina

Secondment of Irish expert to Criminal Institutions Prosecutorial Reform Unit and to War Crimes Chamber

€102,992 for year end 30.09.2004, €28,725 from October to December 2004

143,880

Bosnia and Herzegovina

Catholic Relief Services, CRS

Active citizens and good governance

128,948

Bosnia and Herzegovina

CARE

Strengthening SMEs for employment generation

154,124

Bosnia and Herzegovina

CARE

Strengthening democracy and increasing citizen participation

150,000

Bosnia and Herzegovina

CARE

Strengthening women’s civil society organisations in the north, west and east

167,826

Bosnia and Herzegovina

Economic Cooperation Network

Collection of organic wild forest products

169,822

Bosnia and Herzegovina

International Organisation for Migration, IOM

HIV-AIDS national capacity building

50,000

Bosnia and Herzegovina

Catholic Relief Services, CRS

Building just structures: An ongoing community capacity-building development programme: Training in advocacy, budgeting and leadership skills.

139,226

Bosnia and Herzegovina, Croatia and Serbia and Montenegro

International Rescue Committee, IRC

Provide NGO support through cross border cooperation of civil society organisations and implementation of joint projects and sharing of experience. A further objective is to support the development of a voice for the NGO sector at a regional level.

163,994

Bosnia and Herzegovina and Kosovo

TOGETHER Foundation

Psycho-social training for teachers

117,500

Bosnia and Herzegovina and Serbia and Montenegro

Catholic Relief Services, CRS

Strengthening advocacy capacities of organisations for disabilities

42,949

Kosovo

UNDP

Helping returning families

100,000

Kosovo

Handikos

Training and awareness raising for people with disabilities

140,000

Kosovo

UNICEF

Immunisation programme

220,000

150,662

Kosovo

Irish Defence Forces

Small scale projects by the Irish Army in Kosovo

25,000

55,000

Kosovo

Council of Europe

Development of local democracy

8,565

Kosovo

International Centre for Community and Enterprise Development, ICCED

Training for civil society development

64,125

Kosovo

Trócaire

Education centre

136,270

Former Yugoslav Republic of Macedonia

European Centre for Minority Issues

Implementation of the Ohrid Agreement

150,000

Former Yugoslav Republic of Macedonia

Ireland and European Commission

Conference on “Small States Catching Up”

7,000

Former Yugoslav Republic of Macedonia

Organisation for Security and Cooperation in Europe

Referendum on Territorial Re-organisation November 2004. Election monitors.

Three short-term observers

Kosovo

Council of Europe

Assembly Elections October 2004

Four short-term observers

Former Yugoslav Republic of Macedonia

Organisation for Security and Cooperation in Europe

Municipal Elections March 2005

Three short-term observers

Human Rights Issues.

Ciarán Cuffe

Ceist:

309 Mr. Cuffe asked the Minister for Foreign Affairs if his attention has been drawn to the recent shocking and tragic death of a person (details supplied); if the Irish Government can ask the Chinese Government to investigate this person’s death; and if he will make a statement on the matter. [23692/05]

I have learned with regret of the death of Ms Gao Rong Rong, a Falun Dafa practitioner, who, according to reports, died on 16 June 2005. I have asked my officials to request the EU Presidency to raise the case of Ms Gao Rong Rong and the circumstances of her death with the Chinese authorities at the next session of the EU-China human rights dialogue which is due to take place in September. The EU-China human rights dialogue, established in 1996, is the formal framework through which the EU raises its concerns about individual human rights cases, including those of Falun Dafa practitioners and more general issues, such as the protection of freedom of religion and expression, which have a particular impact on practitioners of Falun Dafa.

Military Neutrality.

Olwyn Enright

Ceist:

310 Ms Enright asked the Minister for Foreign Affairs if there has been a change in policy on foreign military landings in Irish airports and overflights in Irish air space in the past three years; and if he will make a statement on the matter. [23724/05]

There has been no change in the criteria applied to the landing and overflights of foreign military aircraft. Policy in this area is based on the Air Navigation (Foreign Military Aircraft) Order 1952 which gives the Minister for Foreign Affairs discretion in the granting of permission to foreign military aircraft to overfly or land in the State. Permission is normally granted on certain conditions, such as that the aircraft is unarmed, is not carrying arms, ammunition or explosives, is not engaged in intelligence gathering and is not taking part in military exercises or operations. These conditions are not legal requirements but are policy stipulations that are applied at the discretion of the Minister for Foreign Affairs and that he can waive or vary at any time.

In this latter regard, the Government made a specific offer to waive these normal criteria in the case of aircraft acting in pursuit of UN Security Council Resolution 1368 adopted after the terrorist attacks of 11 September 2001. However, no country sought to avail of this exemption. As regards overflights and landings of US military aircraft relating to the situation in Iraq, Dáil Éireann voted on 20 March 2003, following an extensive discussion of the issues surrounding the US invasion of Iraq, to support the Government's decision to allow US military aircraft to continue to overfly and land in Ireland. Furthermore, the United Nations Security Council has, since October 2003, adopted a number of resolutions asking members of the United Nations to give assistance to the multinational force in Iraq. The regulation of matters relating to commercial air carriers carrying foreign military personnel is primarily a matter for the Department of Transport.

Human Rights Issues.

Bernard J. Durkan

Ceist:

311 Mr. Durkan asked the Minister for Foreign Affairs the steps he has taken at EU or UN level with regard to the continued human rights abuses and killings in Zimbabwe; if any attempts are being made to enlist the aid of neighbouring African countries in this regard; and if he will make a statement on the matter. [23891/05]

The Government remains gravely concerned at the deteriorating situation of human rights in Zimbabwe and the continuing failure of the Mugabe government to end repressive policies that have only succeeded in impoverishing and worsening the plight of millions of ordinary Zimbabweans. Ireland and its EU partners have taken the lead internationally, including through action at the UN General Assembly, in highlighting the serious human rights situation in Zimbabwe and in mobilising international pressure on the Zimbabwean Government to introduce long overdue democratic reforms.

My officials and I have also been active in drawing attention to the serious plight of the former Movement for Democratic Change, MDC, MP in Zimbabwe, Mr. Roy Bennett, sentenced to a 12-month prison term last October for pushing the Zimbabwean Minister for Justice during a parliamentary debate last year and whose situation was the subject of a Dáil motion adopted last March. I very much welcome that Mr. Bennett was granted early release and freed on 28 June.

The EU has also condemned the recent actions of the Zimbabwean Government under the guise of Operation Restore Order which has resulted in many thousands of illegal street traders being arrested and an estimated 275,000 people left homeless as a result of a Government campaign to clear away the businesses of informal street traders and unregistered homes built by the urban poor. The European Union issued a declaration on 7 June condemning the actions undertaken by the Zimbabwean Government within the framework of Operation Restore Order and calling for its immediate end. A joint statement was also issued following the EU-US summit in Washington DC on 20 June expressing grave concern at the current situation and calling on the Zimbabwean Government to reverse its anti-democratic policies. The Irish ambassador to South Africa, who is also accredited to Zimbabwe, visited Zimbabwe in early June to assess the humanitarian effects of Operation Restore Order and has submitted a full report on the situation.

The Government continues to support the activities of Irish missionaries and NGOs, both national and international, who are responding to the worsening humanitarian situation provoked by Operation Restore Order. The Government has now decided to make an additional €1 million available to the UN World Food Programme to support emergency feeding programmes in Zimbabwe for those worst affected by the current humanitarian crisis, with part of this assistance also being used for similar emergency feeding programmes in Malawi.

I also very much welcome the decision by UN Secretary General, Kofi Annan, to appoint Ms Anna Kajumulo Tibaijuka, the executive director of UN Habitat, as his special envoy to assess the humanitarian consequences of the forcible eviction policies being pursued by the Zimbabwean Government. Ms Tibaijuka arrived in Zimbabwe on 26 June and will submit a full report on the situation to the Secretary General following her visit. This report will be of considerable assistance to the international community in gauging the appropriate international response to assist those who have been left homeless and without a livelihood as a result of this deliberate action on the part of the Zimbabwean Government.

It is clear that Zimbabwe's neighbours in the southern Africa development community, SADC, also have a potentially useful role to play in exerting influence on the Mugabe Government to stop Operation Restore Order, address its humanitarian consequences and also begin the process of implementing genuine reforms aimed at improving the situation of respect for democracy, human rights and the rule of law in Zimbabwe. The EU regularly encourages the members of SADC and of the African Union to use their influence with Zimbabwe in this regard during the course of ongoing political dialogue with those organisations.

The EU's concerns with Operation Restore Order were raised at a senior officials meeting with SADC in Johannesburg on 20 June while EU ambassadors are also being directed to make similar representations in SADC capitals. It would be appropriate for and I would encourage African Union leaders to address the human rights and humanitarian crisis resulting from Operation Restore Order at their forthcoming summit meeting in Sirte, Libya on 4 and 5 July.

Diplomatic Representations.

Finian McGrath

Ceist:

312 Mr. F. McGrath asked the Minister for Foreign Affairs the position regarding the case of a person (details supplied); and the action he will take in seeking their release. [23892/05]

My Department monitors the situation in Colombia, including the question of hostages and kidnap victims, through our embassy in Mexico City, which is also accredited to Colombia, as well as in co-operation with our EU partners with resident diplomatic missions in that country. As the House is aware from my replies to previous questions on this subject, Ms Ingrid Betancourt, a candidate in the 2002 Colombian presidential election, was kidnapped by the Revolutionary Armed Forces of Colombia, FARC, on 23 February 2002.

During the Irish Presidency of the European Union last year, the General Affairs and External Relations Council, GAERC, underlined the European Union's view of the importance of a rapid release of all remaining hostages and kidnapped persons. Ireland participated at the international meeting in support of the peace process in Colombia that took place in Cartagena in February 2005. The Cartagena Declaration issued at its conclusion called for the immediate freeing of all those kidnapped. At the 61st session of the Commission on Human Rights, the chairperson's statement on Colombia of 21 April 2005, to which Ireland actively contributed, also urged the immediate and unconditional release of all the kidnapped persons in Colombia.

The Minister of State at the Department of Foreign Affairs, Deputy Treacy, met Mr. Juan Carlos Lecompte, the husband of Ms Ingrid Betancourt, on 28 June 2005 during his visit to Ireland. Deputy Treacy assured Mr. Lecompte that the Government shares his concern about the plight of his wife and the many others who are held hostage in Colombia. He said that Ireland, together with our EU partners, strongly condemns the practice of hostage-taking and kidnapping and we call upon all illegal armed groups in Colombia to release hostages immediately and unconditionally.

The Minister of State added that we continue to support the Government of Colombia in its search for a negotiated solution to the internal armed conflict, including through direct engagement with those illegal armed groups who may be prepared to negotiate a peace agreement. We will continue to work with our EU partners to encourage a resolution to the plight of Ms Betancourt and the other kidnap victims in Colombia.

Overseas Development Aid.

Michael D. Higgins

Ceist:

313 Mr. M. Higgins asked the Minister for Foreign Affairs the date by which he expects the Government to be in a position to deliver on its commitment to provide 0.7% of gross national product for overseas development aid; and if he will make a statement on the matter. [23893/05]

The allocation to Vote 29 on international co-operation for 2005 is €470.8 million, an increase of €70 million on the 2004 figure. As a result, total official development aid, ODA, for 2005 is expected to amount to approximately €545 million when contributions from other Departments have been taken into account. This represents the highest allocation in the 30-year history of the Irish aid programme. In addition, the Government has agreed to provide further increases of €65 million in each of the years 2006 and 2007. These very substantial increases mean that over the three years from 2005 to 2007, €1.8 billion will be spent by Ireland on development assistance. This three-year multi-annual commitment incorporating very substantial annual increases gives my Department a sound basis to carry forward the long-term planning that is so important for development work.

The Deputy will be interested to know that the EU has recently agreed new targets for ODA. These provide that the EU 15 will reach a new collective target of 0.56% by 2010, while member states that have not yet reached a level of 0.51% undertake to individually reach that by 2010. Member states also undertake to achieve the UN target of 0.7% by 2015. The newer member states, which joined after 2002, have lower targets. This decision will bring an estimated €20 billion extra funding by 2010 into play for developing countries and represents a strong signal to other non-European donors. The Government remains strongly committed to the UN target and will take a decision on a date for achieving this in advance of the UN millennium summit in September 2005.

Northern Ireland Issues.

Aengus Ó Snodaigh

Ceist:

314 Aengus Ó Snodaigh asked the Minister for Foreign Affairs his views on whether the appointment of a former UDR commander to head up training in the PSNI sends an appropriate signal to Nationalists; and if he will make a statement on the matter. [23894/05]

Mr. David Strudley was appointed on 23 June 2005 to head up the new PSNI policing college in Cookstown, County Tyrone, following a UK-wide advertisement campaign, interview and selection process. Mr. Strudley will take up his new post this September. The Patten commission recommended that recruit training for the police service should move away from a military focus, have a high degree of civilian input, dramatically reduce the amount of hours spent on drill and move away from command and control approaches to problem-solving community oriented approaches. The Government fully supports that objective as a key part of the move toward community policing, which is at the very heart of the Patten report.

The issue of police training was recognised by the Patten report and the independent commission as critical to the overall success of the policing reforms. The oversight commissioner in his most recent 13th report acknowledges that significant progress has been made on the training recommendations made by the commission but emphasised that more needs to be done in this area. This crucial area will be the subject of continuing oversight by the oversight commissioner. I am aware that he is to carry out a major thematic report into the area of training later this year, which will assess progress in this area. I am confident that under his supervision and that of the policing board the Patten commission's vision will be realised.

Aengus Ó Snodaigh

Ceist:

315 Aengus Ó Snodaigh asked the Minister for Foreign Affairs if his attention has been drawn to the loyalist attack on the home of a person (details supplied); if his attention has further been drawn to the fact that the victim had to be taken to hospital as a consequence; if he has contacted this victim to express his sympathy; and the other actions he may take with respect to this incident. [23895/05]

Aengus Ó Snodaigh

Ceist:

321 Aengus Ó Snodaigh asked the Minister for Foreign Affairs if his attention has been drawn to the recent arson attack by loyalists from White City on Nationalist homes in the Throne area of north Belfast, which is a mixed area with a number of mixed marriages; if his attention has further been drawn to the fact that eight children were asleep in one house at the time of the attack and that this was the fifth sectarian attack by loyalists in Belfast in 48 hours; the actions he is taking in response; and if he has made or will make any representations to Unionist politicians to urge them to exercise leadership in their communities to stop these attacks. [23902/05]

I propose to take Questions Nos. 315 and 321 together.

The incidents in north Belfast referred to by the Deputy are a matter of great concern to the Government. These incidents, as with all such sectarian attacks, are reprehensible and without justification. I am aware that the summer is a particularly difficult time of year for many Nationalist residents of Belfast and the north east generally. Officials of my Department closely monitor the situation in north Belfast through their contacts locally with local business, community leaders and members of the clergy across the community divide.

I assure the Deputy that incidents to which he refers were immediately raised with the British Government through the British-Irish Intergovernmental Secretariat in Belfast. Additionally, this recent spate of attacks on Nationalist homes in north Belfast was specifically discussed at the most recent meeting of the British-Irish Intergovernmental Conference in London on 27 June 2005 at which both the British Prime Minister and the Taoiseach were in attendance. I will continue to seek reassurances from the British Government that appropriate security measures are in place to ensure the safety of all the residents of north Belfast.

Interface tension has been eased somewhat in recent years through the establishment of a number of cross-community partnerships designed to provide an early warning system to diffuse potential flashpoint situations. These schemes have contributed significantly toward the improved atmosphere witnessed in recent years. The Government is very supportive of these co-operative schemes that foster trust and respect within communities and will continue to promote their use in improving community relations. Furthermore, I have reiterated in my most recent meetings with political parties in the North the desirability for those with influence to do whatever they can to ease tensions and assist the efforts being made to ensure that the marching season passes off peacefully.

Aengus Ó Snodaigh

Ceist:

316 Aengus Ó Snodaigh asked the Minister for Foreign Affairs if he has asked or will ask the PSNI chief constable to state publicly whether the officers involved in the original investigation into the killing of Mr. Seán Browne are still members of the PSNI, and to explain the way in which files in this case went missing from the PSNI barracks at which only his officers had access to them. [23896/05]

The Police Ombudsman has published information on the status of the PSNI officers who were involved in the original Seán Browne investigation in her report on the original investigation published on 19 January 2004. The report states that the senior investigating officer responsible for that investigation has now retired. The ombudsman also states that under the law, a retired officer cannot be made amenable for any misconduct occurring before his retirement.

The ombudsman also investigated the role of the deputy senior investigating officer on the case. The ombudsman states in her report that due to the absence of the relevant file, it was impossible for her to audit the decision-making process and the degree of autonomy that the officer in question had. The officer was still serving in the PSNI at the time of the ombudsman's findings and I have made inquiries as to whether this is still the case. An extensive search was carried out by the Police Ombudsman for the missing file.

As recommended by the ombudsman, a complete reinvestigation into the murder of Mr. Seán Browne is under way and the PSNI officers involved in this new investigation have no link with the original police investigation. Additionally, officials from my Department sit on the advisory group to this investigation along with members of the Browne family, their legal adviser, a representative of the Pat Finucane Centre and an external consultant.

Aengus Ó Snodaigh

Ceist:

317 Aengus Ó Snodaigh asked the Minister for Foreign Affairs if his attention has been drawn to the fact that more than 80 loyalist flags and bunting were erected in the mixed Edenmore Road area of Limavady in May 2005 and that this infringes on the right of Nationalists in this area to live free of fear and sectarian intimidation; and the representations he has made to Unionist politicians with respect to this unwelcome development. [23897/05]

The display of flags and emblems in Northern Ireland is an emotive and often controversial practice that has been the subject of much discussion both internally within the relevant agencies in the North and also between my officials and their British counterparts. The specific situation in Limavady was highlighted in media reports earlier in the week and, as a result, I have asked the British authorities to update me with regard to the ongoing efforts to resolve the situation to the satisfaction of all those in the Edenmore area. I hope to receive a reply on the matter in the coming days.

More generally, I note the recent signing of a protocol that will lead to renewed efforts to prevent illegal banners appearing in public places. The PSNI, the Offices of the First and Deputy First Minister, the Department for Regional Development, the Department of the Environment, the Department for Social Development and the Housing Executive in Northern Ireland have agreed to tackle this scourge cumulatively, particularly focusing their efforts on those flags and banners that show support for proscribed organisations. Community engagement on this issue has led to the removal of a number of these illegal banners in recent years, mainly in the wider Belfast area, and it is hoped that continued involvement in this process at a local level will generate similar results throughout Northern Ireland.

The Government views the use of flags to mark out territory, promote sectarianism or intimidate people as completely unacceptable. I can assure the Deputy that the progress of this recently established multi-agency partnership will be closely monitored as it attempts to remove flags and emblems from arterial routes and town centres and the removal of all paramilitary flags and displays throughout the North.

Foreign Conflicts.

Aengus Ó Snodaigh

Ceist:

318 Aengus Ó Snodaigh asked the Minister for Foreign Affairs the actions he has taken or will take in response to the request of the UN Secretary General for more financial support to the African Union peacekeeping mission in Darfur. [23899/05]

The Government remains fully supportive of the African Union's crucial role in attempts to resolve the ongoing political, security and humanitarian crisis in Darfur. The AU's observer mission, AMIS, in particular, is playing an extremely valuable role in addressing the security situation in Darfur. It has been demonstrated that where AMIS is deployed in Darfur, a marked reduction in violence follows. There is a clear need, though, to increase further the size of the AMIS mission if the situation locally is to be fully stabilised and suitable conditions created for the safe return of internally displaced persons, IDPs, and refugees.

I welcome the recent decision by the AU Peace and Security Council to expand its mission from 3,200 to more than 7,700 personnel. The strong support evident at the donors conference held in Addis Ababa last month at which $300 million was pledged to assist with the planned expansion of AMIS demonstrates the international community's confidence in the African Union's efforts to try and resolve the Darfur conflict.

The External Relations Council agreed on 23 May that the EU should lend all possible support to AMIS's military, police and civilian efforts and a specific package of assistance focusing on logistical and planning support was outlined by the High Representative, Mr. Javier Solana, at the donors conference in Addis Ababa. Ireland was also represented at the Addis Ababa meeting and pledged to provide additional financial support for the expansion of AMIS as part of the overall EU package of support. I subsequently informed the UN Secretary General, Kofi Annan, when I met him in New York on 2 June that Ireland would contribute an additional €1 million to support the expanded AMIS operation. It is intended that this further contribution will be earmarked for the humanitarian and human rights components of the AMIS mission. This is in addition to the €500,000 for the humanitarian and human rights elements of AMIS that Ireland provided last year.

The Government has also agreed to make available an officer from the Permanent Defence Force to serve as a logistics planner in supporting the expansion of AMIS. An Army officer has also served as an EU observer with the AMIS mission, though his 12-month assignment will finish at the end of this month. Ireland's support to AMIS is in addition to €15 million that has been pledged to Sudan over the next two years. This funding will be used to meet immediate needs such as food security, return of the displaced and basic education and will also begin to address the long-term development needs of the Sudan.

Military Neutrality.

Aengus Ó Snodaigh

Ceist:

319 Aengus Ó Snodaigh asked the Minister for Foreign Affairs if the 25 troops and crew on board the US C130 Hercules en route from a US Air Force based in Germany to Newfoundland, Canada, that made an emergency landing at Shannon earlier in June 2005 were armed or were carrying personal weapons. [23900/05]

Permission for foreign military aircraft to overfly or land in the State is the responsibility of the Minister for Foreign Affairs under the Air Navigation (Foreign Military Aircraft) Order 1952. It is not the practice of the Government to release the details of individual military aircraft landings.

Diplomatic Representation.

Aengus Ó Snodaigh

Ceist:

320 Aengus Ó Snodaigh asked the Minister for Foreign Affairs if his attention has been drawn to the findings of the recent publication, State Growth and Social Exclusion in Tibet: the Challenges of Recent Economic Growth, that Tibetans suffer the highest poverty rates in China and that most investment in the Tibet Autonomous Region reflects strategic military value for the Chinese rather than human need; and the representations he has made to the Chinese in view of these findings. [23901/05]

I am aware of the book State Growth and Social Exclusion in Tibet: the Challenges of Recent Economic Growth by Mr. Andrew Fischer and the claims he makes based on his research. I raised the issue of Tibet and recent developments there during the official talks with Vice Premier, Huang Ju, in Dublin on 16 November 2004. In response, the Vice Premier said that the channels of communications between the Chinese government and the Dalai Lama were open and China would continue to work to ensure peace and development in Tibet.

An EU troika of human rights experts visited Tibet between 20 and 23 September 2004. Ireland will encourage similar contacts during the forthcoming British Presidency. The Government has consistently called on the Chinese authorities to respect fully the rights of the Tibetan people, including their socio-economic and human rights. We will continue to address our ongoing concerns regarding Tibet, both bilaterally and within the framework of the EU-China dialogue.

Question No. 321 answered with QuestionNo. 315.

Northern Ireland Issues.

Aengus Ó Snodaigh

Ceist:

322 Aengus Ó Snodaigh asked the Minister for Foreign Affairs the action he is taking to help de-escalate tensions during the 2005 Orange Order marching season; if he has asked the Orange Order and other senior Unionist politicians to desist from sabre-rattling in a bid to overturn Parades Commission decisions; if he has asked the Orange Order to engage in direct dialogue with Nationalist residents; the action he is taking to support Nationalist areas that are threatened with contentious parades; and the action he is taking to support the work of the Parades Commission. [23903/05]

The Government has consistently sought to promote local accommodation in instances where parades are contentious. It has done so by promoting direct dialogue between all parties to such disputes and by consistently supporting the work of the Parades Commission. The Government has also paid close attention to the policing of parades, to monitor the way the commission's determinations are policed and to ensure that the intent of the commission is fully upheld. Concerns regarding these issues are raised through the British-Irish Intergovernmental Conference.

My officials are in regular contact with residents groups throughout Northern Ireland, including in Ardoyne, west Belfast, Portadown, Derry, Dunloy and east Belfast, and also with community leaders who have influence. During our contacts with members of the loyal orders we have stressed the desirability of contentious parades being resolved through dialogue and mutual agreement. In this regard, I welcome the agreement reached by the community forum in Derry that will result in the 12 July parade in the city going ahead with the support of all concerned. The Chamber of Commerce in Derry deserves particular praise for bringing the relevant stakeholders together and for providing a forum through which outstanding concerns from all perspectives could be answered in a positive and tolerant setting. I hope that the continuing example of mutual respect and tolerance for diversity shown by those in Derry can highlight to others in Northern Ireland that the parades issue is resolvable and need not be an annual source of conflict between the two communities.

Departmental Expenditure.

Enda Kenny

Ceist:

323 Mr. Kenny asked the Minister for Foreign Affairs the amount of his Department’s budgetary allocation for 2004; the amount of this allocation which was returned to the Department of Finance at year’s end; the vote head from which such returned allocations were derived; and if he will make a statement on the matter. [23976/05]

The Department of Foreign Affairs has responsibility for two Votes, Vote 28 on foreign affairs and Vote 29 on international co-operation. The 2004 allocation for Vote 28 was €163,240,000. The Department did not return any of this allocation to the Department of Finance at year's end. Under the terms of the Administrative Budget Agreement 2002-2004, the Department of Finance approved a carry forward of savings of €6,519,000 from the 2004 administrative budget subheads to the Department's 2005 budgetary allocation for Vote 28. The 2004 budgetary allocation for Vote 29 was €400,030,000. Outturn for the period amounted to €397,541,000 resulting in an underspend of €2,489,000. Under the terms of the Administrative Budget Agreement 2002-2004, an amount of €789,000 was carried forward to 2005. The net amount surrendered to the Exchequer was €1,700,000 broken down as follows.

Subhead Title-Description

Amount € million

A1-A7 — Administrative subheads

1.392

C — Emergency Humanitarian Assistance

0.470

D — Payment to International Funds for the benefit of Developing Countries

0.005

F — Appropriations-in-Aid

0.256

Totals

1.700

Brian O'Shea

Ceist:

324 Mr. O’Shea asked the Minister for Foreign Affairs the amount his Department has spent to date in 2005 on the implementation of the provisions of the Official Languages Act 2003; his estimate of the amount which his Department will spend on the implementation of the Official Languages Act 2003 for the full year in 2005; and if he will make a statement on the matter. [24010/05]

It was already my Department's policy, prior to the coming into effect of the Official Languages Act 2003, to publish most classes of documentation intended for public dissemination in both Irish and English. A training programme was also in place to assist staff in developing their Irish language skills. This was and is part of a wider policy aimed at developing the Department's capability to accommodate those customers who would prefer to conduct their business with the Department through Irish. As a consequence, there has been no expenditure to date in 2005 that can be attributed solely to implementing the provisions of the Act.

The only expenditure likely to arise in this regard during 2005 relates to the publication by the Department of a notice under section 13 of the Act. This requirement will arise when the Department is formally requested by the Minister for Community, Rural and Gaeltacht Affairs to prepare a draft scheme specifying the services that the Department will provide through Irish or English only and those that will be provided through both languages. The notice will invite submissions from the public and a draft scheme will then be prepared and submitted for approval to the Minister for Community, Rural and Gaeltacht Affairs. The cost of publishing the notice is estimated at €12,000 to €15,000. It is unlikely that the scheme itself will fall to be published this year as the Minister for Community, Rural and Gaeltacht Affairs has not yet formally requested the Department to prepare it and as the Act provides a period of up to six months for its preparation.

Ministerial Appointments.

Ruairí Quinn

Ceist:

325 Mr. Quinn asked the Minister for Foreign Affairs if he will provide a list of the vacancies on the boards of statutory or State bodies and other statutory appointments which currently exist and which must be made by him or the Government; the reason, in each case, for the vacancy; and when each vacancy will be filled. [24180/05]

Ruairí Quinn

Ceist:

326 Mr. Quinn asked the Minister for Foreign Affairs if he will provide a list of boards of statutory or State bodies and statutory appointments to which vacancies are expected to fall due between now and 31 December 2005 for appointments to be made by him or the Government; and the mechanisms envisaged by which the appointees will be selected. [24194/05]

I propose to take Questions Nos. 325 and 326 together.

Four bodies operate under the aegis of the Department of Foreign Affairs, namely, the Advisory Board for Development Co-operation Ireland, the Development Education Advisory Committee, the Board of the Ireland-United States Commission for Educational Exchange, or the Fulbright Commission, and the Díon Committee. The three year term of the Advisory Board for Development Co-operation Ireland is due to end this year and a new board will be appointed in the autumn. The appointees will be selected on the basis of their individual expertise and their ability to contribute to the work of the board. New members are in the process of being appointed to the Development Education Advisory Committee. There are no current or expected vacancies on the board of the Fulbright Commission or on the Díon Committee.

National Aquatic Centre.

Joan Burton

Ceist:

327 Ms Burton asked the Minister for Arts, Sport and Tourism the arrangements his Department and the OPW have made for the proper management and supervision of the National Aquatic Centre in Abbotstown; the role being played by the OPW; and the role being played by Campus and Stadium Ireland Development Limited. [23740/05]

Joan Burton

Ceist:

346 Ms Burton asked the Minister for Arts, Sport and Tourism the role his Department is playing in the management and supervision of the National Aquatic Centre in Abbotstown in respect of the shareholding held by the Taoiseach and the Minister of Finance in the project; if his Department made any inquiries into the recent closure of the complex for five months as a result of storm damage in the new year and the further recent reports of significant problems with the pool’s plant and equipment, leading to extensive water leaks. [24146/05]

I propose to take Questions Nos. 327 and 346 together.

The management of the National Aquatic Centre, NAC, is undertaken by Campus and Stadium Ireland Development Limited, CSID, a company specifically established under the legislation to manage the Abbotstown project. Its shareholders are the Taoiseach, the Minister for Finance and myself as Minister for Arts, Sport and Tourism. The chairman of the board of CSID is a member of the staff at the Department of Arts, Sport and Tourism. The Office of Public Works acts as a technical adviser to the Department in matters relating to Abbotstown.

The Department works closely with the CSID on all matters relating to Abbotstown, including the operation of the National Aquatic Centre. My Department and I have been kept fully informed of developments at the NAC, including the matter of the repair work that was necessary as a result of the storm damage to the roof in January. At the request of the Department, the Office of Public Works commissioned Kavanagh, Mansfield and Partners to examine the damage to the roof and provide a report on the matter. The findings of the report guided the response of the CSID and were taken into account in agreeing the repair programme that was carried out in the shortest possible timeframe. There are legal, contractual and financial issues that are still ongoing and are being considered in the light of this report and it would not be appropriate to publish it or comment on its findings at present. It was unfortunately necessary to close the centre during the period while work was taking place as the primary concern was the safety of members of the public and the staff employed at the National Aquatic Centre.

As I have stated already, I am not prepared to comment on unsubstantiated media reports about the National Aquatic Centre except to state that the centre has been reinstated and is now fully operational. The centre was developed to provide a 50 metre pool for Ireland's needs and specifically to provide a suitable location for hosting the aquatic events of the Special Olympics World Summer Games. Since the centre was opened to the public in March 2003, it has successfully hosted the Special Olympics World Summer Games and later in that same year the European Short Course Championships, both to significant acclaim. Indeed, the National Aquatic Centre has justly drawn much well deserved admiration from those who have visited it and used its facilities. In its first year of operations, it had close to 1 million visitors, which placed the facility among the top attractions in Ireland.

Sports Capital Programme.

Paul Kehoe

Ceist:

328 Mr. Kehoe asked the Minister for Arts, Sport and Tourism when applications will be accepted for the new round of national lottery funding; the types of applications that will be accepted; and if he will make a statement on the matter. [23635/05]

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 2004. The closing date for receipt of applications was 4 February 2005. All of the 1,362 applications received before that deadline are currently being evaluated against the programme's assessment criteria, which are outlined in the guidelines, terms and conditions of the programme.

I intend to announce the grant allocations for the programme as soon as possible after the assessment process has been completed and to announce details of and invite applications to the 2006 sports capital programme before the end of this year. The guidelines, terms and conditions for the next programme have yet to be decided but are likely to be generally similar to those used for the 2005 programme. Consideration has been given to applications submitted by or on behalf of voluntary and community organisations, including sports clubs, in certain circumstances, schools, colleges and local authorities and national governing bodies of sport and third level education institutions, where it is evident that the proposed facility will contribute to the regional and-or national sporting infrastructure.

Applications from schools and colleges must be made jointly with local sports clubs or community groups and must provide for significant levels of usage by the local community during periods when the facilities are not being used by the school itself, at least 30 hours per week throughout the year, and demonstrate that the facilities concerned will meet an identified deficiency in that locality, as formally agreed with other local groups and-or the local authority. Projects must be directly related to the provision of sport and recreation facilities and be of a capital nature, which, for the purpose of the programme, is defined as expenditure on the improvement or construction of an asset and includes any costs directly incurred in this process and purchase of permanently based sports equipment, for instance, it is securely housed and will remain in use for five years or more. The programme does not assist in the purchase of sites, premises or personal equipment such as sports kits, gloves, shoes, boots, personal protective clothing, etc.

Grant Payments.

Damien English

Ceist:

329 Mr. English asked the Minister for Arts, Sport and Tourism when a development grant 2003 (details supplied) will be paid out in full; the reason for the delay in paying out the grant; and if he will make a statement on the matter. [23636/05]

A grant of €200,000 was provisionally allocated to the project in question under the 2003 national lottery-funded sports capital programme administered by my Department. The grant allocation was subject to the terms and conditions of the programme, including the execution of a Deed of Covenant and Charge, which provides, inter alia, for a refund of the grant in the event of the facility not continuing to be used for the purpose for which the grant was allocated. My Department’s legal adviser, the Chief State Solicitor’s office, CSSO, deals with the grantee’s solicitor in executing this deed.

I understand that the CSSO is still awaiting some of the required documentation from the organisation's solicitor and sent a further reminder to the solicitor last week regarding the documentation still awaited. No payment of the grant can be made until the deed of covenant and charge is executed. In the event that the relevant documentation is not provided expeditiously, the question of the withdrawal of the grant will fall to be considered.

Swimming Pool Projects.

Emmet Stagg

Ceist:

330 Mr. Stagg asked the Minister for Arts, Sport and Tourism further to Parliamentary Question No. 99 of 16 June 2005, when Kildare County Council will be given permission to draw up contract details; and if he will make a statement on the matter. [23637/05]

As I indicated in my reply to Question No. 99 of 16 June 2005, I approved the detailed contract documents, submitted by Kildare County Council, for the Naas swimming pool project in March 2005. It is now a matter for the council to further this project by inviting tenders.

Olwyn Enright

Ceist:

331 Ms Enright asked the Minister for Arts, Sport and Tourism the position in respect of the funding application of a pool (details supplied); when a decision will be reached on this application; and if he will make a statement on the matter. [23639/05]

Under the terms of the local authority swimming pool programme, Offaly County Council applied grant aid to refurbish the swimming pools in Clara and Birr, to provide a new pool in Tullamore and to replace the pool in Edenderry. As I indicated in a reply to Parliamentary Question No. 192 by the Deputy on 12 October 2004, the council was asked to identify its priorities concerning the development of swimming pools in the county, as projects of this nature require considerable capital commitment by local authorities. In this regard, the council recently indicated to my Department that it had decided to prioritise its applications for the refurbishment of the pool in Birr in 2005 and for the provision of a pool in Tullamore in 2006. Accordingly, I am pleased to advise the Deputy that I recently approved the preliminary report for the refurbishment of the pool in Birr. This approval allows the council to have the detailed contract documents prepared for the project.

Sports Capital Programme.

Fergus O'Dowd

Ceist:

332 Mr. O’Dowd asked the Minister for Arts, Sport and Tourism the position regarding an application (details supplied) in County Louth; and if he will make a statement on the matter. [23642/05]

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 2004. The closing date for receipt of applications was 4 February 2005. All of the 1,362 applications received before that deadline, including one from the organisation in question, are currently being evaluated against the programme's assessment criteria, which are outlined in the guidelines, terms and conditions of the programme. I intend to announce the grant allocations for the programme as soon as possible after the assessment process has been completed.

National Concert Hall.

Jimmy Deenihan

Ceist:

333 Mr. Deenihan asked the Minister for Arts, Sport and Tourism if he intends to bring the proposals for the purchase of the Medicine and Engineering faculties at Earlsfort Terrace from UCD by the OPW to Cabinet before the end of July, to facilitate a major expansion of the facilities at the National Concert Hall; and if he will make a statement on the matter. [23643/05]

I refer the Deputy to my oral reply to Parliamentary Questions Nos. 15 and 22 on 16 June 2005, which outlined details of the extensive consultations and investigations carried out by officials from my Department and the Office of Public Works with a view to identifying a suitable location for a state-of-the-art National Concert Hall in Dublin. The situation remains as outlined in that response.

Arts Plan.

Jimmy Deenihan

Ceist:

334 Mr. Deenihan asked the Minister for Arts, Sport and Tourism the steps he intends to take to mark the centenary of the birth of Samuel Beckett; the agencies that will have responsibility for the planning and organisation of the events; and if he will make a statement on the matter. [23644/05]

I am actively considering the establishment of a high level group to assess the potential involvement of the Government in marketing the Beckett centenary in 2006 in Ireland. Of particular interest to me is the opportunity of any synergies that would exploit educational and-or cultural opportunities. Synergies of this nature were pursued very successfully during the "Bloomsday" centenary celebrations in 2004.

National Aquatic Centre.

Joan Burton

Ceist:

335 Ms Burton asked the Minister for Arts, Sport and Tourism if his attention has been drawn to reports of extensive leaks from the National Aquatic Centre and of problems with the plant operating the swimming pools; if he has carried out an assessment of these problems; the scale of and likely cost to rectify any such problems; if these issues were included in the engineering examination and report commissioned by the OPW from a firm of consulting engineers; if he will publish the outcome of this engineering examination; and if he will make a statement on the future of the National Aquatic Centre. [23737/05]

As I have stated in the House previously, the Office of Public Works, at the request of my Department and in consultation with Campus and Stadium Ireland Development Limited, commissioned Kavanagh, Mansfield & Partners to examine the damage at the National Aquatic Centre and to provide a report. The findings of that report have been taken into consideration in the repair works that have been carried out. There are ongoing legal, contractual and financial issues that are being considered in the light of the report and it would not be appropriate to publish it or comment on its findings at this time.

I am not prepared to comment on unsubstantiated media reports about the National Aquatic Centre, except to state that the centre has been reinstated and is fully operational. As the Deputy is aware, CSID has initiated legal proceedings against Dublin Waterworld Limited and, as these matters are currently before the commercial court, it would be inappropriate for me to comment on them.

The National Aquatic Centre was developed to provide a 50 metre pool for Ireland's needs and specifically to provide a suitable location for hosting the aquatic events of the Special Olympics World Summer Games. Since the centre was opened to the public in March 2003, it has successfully hosted the Special Olympics World Summer Games and, later in that same year, the European Short Course Championships, both to significant acclaim. Indeed, the National Aquatic Centre has justly drawn much well deserved admiration from those who have visited it and used its facilities. In its first year of operations, it had close to one million visitors, which placed the facility among the top attractions in Ireland.

Joan Burton

Ceist:

336 Ms Burton asked the Minister for Arts, Sport and Tourism the breakdown of the costs associated with the development of the National Aquatic Centre, including project management costs, design costs, construction costs, equipment and plant and fitting out and commissioning costs; the breakdown of the cost headings for sums in excess of €500,000 and any consultancy fees in excess of €10,000; the persons to whom these amounts were payable; and their jurisdictions. [23739/05]

The contract for the development of the National Aquatic Centre was awarded by Campus and Stadium Ireland Development Limited to a consortium comprising Rohcon Limited, Dublin Waterworld Limited and Waterworld (UK) Limited. The final account agreed with Rohcon is €63,325,294, which is made up of the contract amount of €62,090,192 plus change orders of €1,235,102. These figures are exclusive of VAT. The Rohcon account included design and plant costs. Equipment, fit out and commissioning costs would have been a matter for Dublin Waterworld Limited, a private company established to operate the National Aquatic Centre.

Project management-contract administration was provided to the CSID by Davis Langdon PKS. The original fee was €839,931. The post practical completion fee was €27,648. Expenses were €30,000. Consultancy fees in excess of €10,000 were paid to the executive services team led by Magahy and Company and McCann FitzGerald, legal advisers. The amounts paid would have related not only to the National Aquatic Centre but also to the wider Sports Campus Ireland project. A consultancy fee of €313,069 was paid to High Point Rendel for the provision of the overview report of Campus and Stadium Ireland Development Limited. With the exception of High Point Rendel, which was a UK-based company, the jurisdiction of the firms to whom the above amounts were paid was Ireland but some of these firms would have had sub contractors from outside Ireland.

National Conference Centre.

John Cregan

Ceist:

337 Mr. Cregan asked the Minister for Arts, Sport and Tourism the position regarding the national conference centre; the target dates for progress; and if he will make a statement on the matter. [23742/05]

Jimmy Deenihan

Ceist:

339 Mr. Deenihan asked the Minister for Arts, Sport and Tourism when the successful tenderer will be announced for the proposed national conference centre; and if he will make a statement on the matter. [23744/05]

I propose to take Questions Nos. 337 and 339 together.

I would refer the Deputies to the text of my reply to Parliamentary Questions Nos. 37 and 43 on Thursday, 16 June 2005. The position as outlined then remains unchanged.

Arts Funding.

Jimmy Deenihan

Ceist:

338 Mr. Deenihan asked the Minister for Arts, Sport and Tourism the level of funding available under the festivals and cultural events fund for 2005; the persons and organisations who have benefited to date from the fund; and if he will make a statement on the matter. [23743/05]

My Department does not provide direct funding for festivals and cultural events. The festival and cultural events initiative, a scheme set up some years ago to expand regional tourism through festivals and cultural events by both assisting with the marketing activities of existing festivals as well as promoting new events, is administered by Fáilte Ireland. Information about the funding available under the scheme, including the specific events supported by Fáilte Ireland — which is a day-to-day operational matter for that body — is available on Fáilte Ireland`s website www.failteireland.ie.

Question No. 339 answered with QuestionNo. 337.

Sports Capital Programme.

Gerard Murphy

Ceist:

340 Mr. G. Murphy asked the Minister for Arts, Sport and Tourism to outline the stage reached by an application on behalf of a club (details supplied) in County Cork. [23745/05]

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 2004. The closing date for receipt of applications was 4 February 2005. All applications received before the deadline, including one from the organisation in question, are currently being evaluated against the programme's assessment criteria, which are outlined in the guidelines, terms and conditions of the programme. I intend to announce the grant allocations for the programme as soon as possible after the assessment process has been completed.

Access to Sporting Facilities.

Finian McGrath

Ceist:

341 Mr. F. McGrath asked the Minister for Arts, Sport and Tourism if Beaumont, Artane, Santry and Whitehall, Dublin will be granted a public basketball facility; and if he will work with Dublin City Council on this issue. [23748/05]

Funding is available from my Department for sports related projects through the national lottery-funded sports capital programme. This programme allocates funding towards the provision of sporting and recreational facilities to sporting and to voluntary and community organisations at local, regional and national level throughout the country. The programme is advertised on an annual basis. No application was received under the 2005 programme from a local authority or from any organisation in the areas listed by the Deputy in respect of a public basketball facility. The deadline for receipt of applications under the 2005 programme was 4 February.

I expect to be in a position to advertise the 2006 sports capital programme later this year. At that time, it will be open to local authorities or any other qualifying group to make an application, should they have a suitable project that meets the guidelines, terms and conditions of the programme. I would like to assure the Deputy that my Department continues to work closely and effectively with Dublin City Council and the other local authorities in respect of the provision of public sports facilities. The Government, through my Department, has provided substantial funding towards the provision of a number of municipal-multi-sport facilities throughout Dublin city and other areas of the country. In this regard, my Department would be pleased to consult with Dublin City Council on any proposals it may wish to bring forward regarding the provision of public basketball facilities in the areas mentioned by the Deputy.

I would also like to inform the Deputy that the Government, through my Department, has allocated a total of €779,000 in sports capital grants since 1999 to Basketball Ireland, the nationalgoverning body for the sport, towards its community hoops programme. This programme aims to install outdoor basketball hoops in parks and playgrounds throughout Ireland with a particular focus on areas of disadvantage. This allowsfor instant and free access to the sport forall members of the community. Furtherinformation on the community hoops programme, including an application form to have hoops installed, is available to interested parties on www.basketballireland.ie.

Community Games.

John Perry

Ceist:

342 Mr. Perry asked the Minister for Arts, Sport and Tourism if a venue for the community games national finals is being developed. [23749/05]

Following a series of meetings last year with representatives of the National Community Games to discuss issues relating to the hosting of the annual community games finals in Mosney, I approved funding of €100,000 towards the renovation of the accommodation at the Mosney Holiday Centre specifically to ensure that the facilities there were of a comfortable standard for use by the community games' participants. In the context of those discussions, the Reception and Integration Agency, RIA, confirmed its continuing willingness to facilitate the availability of Mosney to host the games.

The community games' representatives have expressed their satisfaction with the range and quality of the facilities and services available at Mosney and their suitability for future national events. They also acknowledged that there is no other venue in Ireland with the scale and variety of facilities required for their national events as currently structured and also that any question of providing a special, dedicated venue on the scale required, which would be used only a few times a year, would be completely unrealistic. I am pleased that the RIA has confirmed that for as long as the agency continues to use Mosney, the community games can avail of the facilities there. A new contract was signed between Mosney Irish Holidays Limited and the Minister for Justice, Equality and Law Reform on 18 November 2004.

Departmental Expenditure.

Enda Kenny

Ceist:

343 Mr. Kenny asked the Minister for Arts, Sport and Tourism the amount of his Department’s budgetary allocation for 2004; the amount of this allocation which was returned to the Department of Finance at year’s end; the vote head from which such returned allocations were derived; and if he will make a statement on the matter. [23977/05]

The funding provided for my Department under Vote 35 and the surplus surrendered to the Department of Finance for 2004 is set out in the following table.

Year

Estimate

Surplus Surrendered

2004

€444.4 million

€4.9 million

The net surplus is derived mainly from savings on subheads B6, tourism product development, C1, sports capital grants, and D5, cultural development together with an excess spend on subhead C2, grants for local authority swimming pools and a shortfall in appropriations-in-aid. My ministerial Vote group also includes the Vote for the National Gallery of Ireland, Vote 33. The funding provided for the National Gallery and the surplus surrendered for the year in question is set out in the following.

Year

Estimate

Surplus Surrendered

2004

€8.6 million

€0.173 million

The surplus on this Vote is derived from the administration subheads A1 to A7.

Brian O'Shea

Ceist:

344 Mr. O’Shea asked the Minister for Arts, Sport and Tourism the amount his Department has spent to date in 2005 on the implementation of the provisions of the Official Languages Act 2003; his estimate of the amount which his Department will spend on the implementation of the Official Languages Act 2003 for the full year in 2005; and if he will make a statement on the matter.

Prior to the enactment of the Official Languages Act 2003, my Department was already meeting the required standards of bilingual practice in areas, for example, such as stationery and in the placing of public advertisements. The costs arising to date in 2005 amount to €2,000. My Department was included in the first tranche of public bodies required to produce an Irish language scheme under section 11 of the Official Languages Act. Following a public consultation process, such a scheme was prepared by my Department in line with the central guidelines prepared by the Department of Community, Rural and Gaeltacht Affairs on preparation of language schemes. The scheme, which covers the three year period 2005-08, was recently confirmed by my colleague the Minister for Community, Rural and Gaeltacht Affairs, Deputy Ó Cuív, and becomes effective on 1 July 2005. A copy of the scheme will be available on the Department's website on 1 July. It is estimated that the total costs arising from the implementation of the Official Languages Act 2003 for the full year 2005 will be approximately €45,000. These costs which include staff training costs will be met from within my Department's existing budget.

Swimming Pool Projects.

Denis Naughten

Ceist:

345 Mr. Naughten asked the Minister for Arts, Sport and Tourism if he will approve funding for a project (details supplied); and if he will make a statement on the matter. [24092/05]

Under the local authority swimming pool programme administered by my Department, proposals for the provision of a swimming pool in Ballaghaderreen were submitted by Roscommon County Council and Ballaghaderreen and Districts Development Limited. It is a requirement of the programme that projects not being developed directly by a local authority must be submitted through and have the full support of the relevant local authority. This is particularly important in the context of financing the capital and ongoing costs of such projects. Roscommon County Council has been asked for an update of the feasibility study for this project and, when received, the matter can be considered further.

Question No. 346 answered with Question 327.

Ministerial Appointments.

Ruairí Quinn

Ceist:

347 Mr. Quinn asked the Minister for Arts, Sport and Tourism if he will provide a list of the vacancies on the boards of statutory or State bodies and other statutory appointments which currently exist and which must be made by him or the Government; the reason, in each case, for the vacancy; and when each vacancy will be filled. [24181/05]

Ruairí Quinn

Ceist:

348 Mr. Quinn asked the Minister for Arts, Sport and Tourism if he will provide a list of boards of statutory or State bodies and statutory appointments to which vacancies are expected to fall due between now and 31 December 2005 for appointments to be made by him or the Government; and the mechanisms envisaged by which the appointees will be selected. [24195/05]

I propose to take Questions Nos. 347 and 348 together. There are currently three vacancies on the board of Campus and Stadium Ireland Development Limited, which it is not proposed to fill at this time pending the establishment of Campus and Stadium Ireland Development Limited on a statutory basis.

The vacancies expected to arise on the boards of statutory or State bodies between now and 31 December 2005 to which appointments are made by me are as follows;

Body

Number of vacancies

Method of selection

Irish Sports Council

One

The Irish Sports Council Act provides that all board appointments are made by the Minister for Arts, Sport and Tourism.

Horse Racing Ireland

Four

Under the Horse Racing Ireland (Membership) Act 2001, the vacancies which will arise are subject to nomination from;(i) Racing Regulatory Board — Turf Club(ii) Racehorse breeders(iii) Authorised bookmakers(iv) Representative of persons employed in thehorseracing industry.

Irish Manuscripts Commission

With the process under way to establish the Irish Manuscripts Commission — IMC — on a new legal basis, an entirely new board with a maximum of 20 members will fall to be appointed between now and 31 December, 2005

All of the board members will be appointed by the Minister for Arts, Sport and Tourism. Nine nominations will be sought from the National Universities and the Directors of the National Library of Ireland, the National Archives and the Public Record Office of Northern Ireland will be appointed as ex-officio members.

In appointing persons to the boards under the aegis of my Department, I follow the guidelines set out in the Cabinet handbook regarding eligibility, transparency and gender balance. The Department of Finance, in conjunction with other relevant Departments, including my own, has been considering whether tax clearance certificates can and should be required of persons being considered for appointment to State boards. Based on the outcome of that process, further consideration will be given as to whether any change to the existing arrangements is appropriate.

Public Transport.

Seán Crowe

Ceist:

349 Mr. Crowe asked the Minister for Enterprise, Trade and Employment if he has received any communication regarding the installation of sub-standard driver seating on public transport buses and the possible health effects on employees; and if, in view of the heightened public awareness regarding safety on public transport, he is satisfied that adequate mechanisms are in situ throughout the public transport system in terms of bus, passengers and drivers’ health and safety; if he has received any communications on these issues; and if he will make a statement on the matter. [23909/05]

My Department has received no communication of the nature referred to in the Deputy's question. My Department does not have overall responsibility for public transport matters or public transport safety matters specifically, except to the extent that occupational safety, health and welfare legislation, which is administered and enforced by the Health and Safety Authority, applies to employees in the sector, as it does to employees in every sector of the economy.

Directive 2002/44/EC of the European Parliament and of the Council of 25 June 2002 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents — vibration — is due to be transposed into national legislation by the member states this year. This directive applies to activities in which workers are or are likely to be exposed to risks from mechanical vibration during their work. It relates to "hand-arm vibration" and "whole body vibration" and will apply, inter alia to vehicles with poor suspension and vehicles with badly designed or positioned controls or which require drivers to adopt a poor driving posture. It may be possible that some public transport vehicles fall into this category and it will be a matter for companies operating public transport services to comply with the directive when it is transposed. Transposition regulations are being developed by the Health and Safety Authority, which, when signed and brought into operation, will involve protecting workers from risks in this area.

Migrant Workers.

Aengus Ó Snodaigh

Ceist:

350 Aengus Ó Snodaigh asked the Minister for Enterprise, Trade and Employment if his attention has been drawn to the findings of the International Organisation for Migration’s world migration report 2005 that common concerns on migration, such as that it is spiralling out of control and that it causes job losses, lower wages and increased social welfare costs, are not only unfounded but contrary to the evidence; and if he will make a statement on the matter. [23972/05]

I am aware of the findings of the report to which the Deputy refers. I would add that these findings coincide with Ireland's experience of economic migration. Research undertaken by the Economic and Social Research Institute has found that as a result of inward migration, economic growth in Ireland was 3.7% higher in the period 1999 to 2003, than it otherwise would have been without any loss of employment or reductions in wage levels.

Job Creation.

Paul Kehoe

Ceist:

351 Mr. Kehoe asked the Minister for Enterprise, Trade and Employment the number of jobs IDA or Enterprise Ireland have created in County Wexford for each year between 1992 and to date in 2005; when each one was created; and if he will make a statement on the matter. [23615/05]

The Forfás employment survey is the authoritative source measuring employment in companies supported by the enterprise development agencies. The employment survey is undertaken on an annual basis and as such, 2004 is the latest and most definitive information available. Enterprise Ireland, EI, and IDA Ireland report the following new jobs being created in County Wexford over the period 1992 to 2004:

1992

1993

1994

1995

1996

1997

1998

1999

2000

2001

2002

2003

2004

IDA

117

39

234

186

229

139

123

82

152

78

173

134

333

EI

241

292

25

28

36

30

34

355

371

416

535

272

241

IDA Ireland's strategy for County Wexford, for the medium to long term, is to concentrate resources on the national spatial strategy hub and county town of Wexford as the location with the greatest potential to develop as a first class location for inward investment from overseas. Other towns in the county, including Enniscorthy, New Ross and Gorey, are expected to benefit from the greater dynamism that the national spatial strategy gateway and hub locations of Waterford, Wexford and Kilkenny can bring to the wider south-east region. For the short term, IDA will concentrate efforts on Enniscorthy and New Ross where there are available advance technology buildings to market to overseas clients. County Wexford has a total of 1,993 people working in IDA-supported companies as at the end of 2004. This compares with 1,839 people in 2002 and 1,740 people in 2001.

Over the last number of years, IDA Ireland has been seeking to attract overseas companies in newer sectors to Wexford and the profile of clients has been changing, with Lake Region and Waters Corporation — medical technologies, as well as PFPC and Equifax — international services, now firmly established in the county. IDA Ireland is committed to continue marketing Wexford as a location for knowledge-intensive industries.

Enterprise Ireland approved funding of over €43 million and made payments of over €33 million to client companies in County Wexford in the period 1992 to date to assist them with development projects. The development of community-based enterprise centres is a crucial part of the drive to create new regional enterprise. Since 1993, Enterprise Ireland has provided support of over €640,000 towards the development of community enterprise centres in Tagoat, Wexford and Enniscorthy in County Wexford. In addition, almost €60,000 has been provided in support of management development in these centres.

Enterprise Ireland continues to foster job creation in County Wexford. Enterprise Ireland job creation activity is focused on the creation of new jobs through supporting entrepreneurs setting up new high potential start-up companies, the retention and creation of new jobs in existing companies and in enhancing the innovation capability of Ireland at a national and regional level through support of research in companies and third level institutions.

Departmental Reports.

Paul Kehoe

Ceist:

352 Mr. Kehoe asked the Minister for Enterprise, Trade and Employment when he, Deputy Kehoe, will receive a reply to Parliamentary Question No. 180 of 22 June 2005; and if he will make a statement on the matter. [23616/05]

In my reply to the Deputy's question relating to the number, name, cost, publication date and preparation time for reports published in my Department since 1997, I informed the Deputy that I would forward the requested information to him as soon as it was compiled by officials of my Department. There is a significant amount of work involved in compiling this information, which covers an eight-year period, across the Department. I expect to be in a position to forward the information to the Deputy by next week at the latest.

Employment Rights.

Damien English

Ceist:

353 Mr. English asked the Minister for Enterprise, Trade and Employment further to a decision by the Employment Appeals Tribunal, details supplied, if he has plans to review or change the legislation governing this area of employment law; and if he will make a statement on the matter. [23726/05]

There are no plans at present to review or change the legislation governing this particular area of employment law. However, the Government has recently established the employment rights review group, comprising representatives of this Department, the employment rights bodies — Labour Court, Employment Appeals Tribunal and Labour Relations Commission — Rights Commissioner Service — and the social partners. The employment rights review group will work to improve considerably the levels of customer service that the various employment rights bodies can offer to those using the dispute resolution services. It will also facilitate the simplification and modernisation of procedures and provide greater transparency and ease of access for all users. The employment rights review group will be chaired by an assistant secretary at the Department of Enterprise, Trade and Employment and will report annually to the Government on progress and issues arising.

A related programme of work is to be undertaken by the Department of Enterprise, Trade and Employment, in co-operation with the Office of the Attorney General to simplify, harmonise and consolidate the corpus of employment rights legislation. This programme, to be assisted by the employment rights review group, will bring forward proposals for a coherent and consolidated corpus of legislation for consideration by Government. This will not involve changes in statutory employment rights entitlements or affect the adjudicative independence of the employment rights bodies.

Research Funding.

John Gormley

Ceist:

354 Mr. Gormley asked the Minister for Enterprise, Trade and Employment if the Government has ever commissioned or evaluated any formal research on the efficacy of animal experiments; and, if not, if it plans to do so. [23727/05]

My Department has not commissioned or evaluated such research and has no plans to do so.

Bullying in the Workplace.

John Gormley

Ceist:

355 Mr. Gormley asked the Minister for Enterprise, Trade and Employment the steps his Department has taken to deal with bullying in the workplace; if his Department has a definition of the term “bullying”; and if he will make a statement on the matter. [23728/05]

In August 2004, my predecessor, Deputy Frank Fahey, then Minister with responsibility for labour affairs, established the expert advisory group on workplace bullying. I have received the report of the group and it is intended that the group's report will be submitted to Government in July 2005. I would hope to publish the report quite soon thereafter.

On the issue of a definition of the term "bullying", the definition in current use is that contained in the report of the task force on the prevention of workplace bullying which defines bullying as: ...repeated inappropriate behaviour, direct or indirect, whether verbal, physical or otherwise, conducted by one or more persons against another or others, at the place of work and/or in the course of employment, which could reasonably be regarded as undermining the individual's right to dignity at work. An isolated incident of the behaviour described in this definition may be an affront to dignity at work but as a once off incident is not considered to be bullying.

Departmental Expenditure.

Enda Kenny

Ceist:

356 Mr. Kenny asked the Minister for Enterprise, Trade and Employment the amount of his Department’s budgetary allocation for 2004; the amount of this allocation which was returned to the Department of Finance at year’s end; the Vote head from which such returned allocations were derived; and if he will make a statement on the matter. [23978/05]

The net Estimate for the Department of Enterprise, Trade and Employment for 2004 was €1,124,471,000. The amount surrendered to Department of Finance at year's end was €55,029,000. Some €34,237,000 of unspent capital expenditure was carried over into 2005 under the terms of the capital investment framework agreement which exists between both Departments.

Brian O'Shea

Ceist:

357 Mr. O’Shea asked the Minister for Enterprise, Trade and Employment the amount his Department has spent to date in 2005 on the implementation of the provisions of the Official Languages Act 2003; his estimate of the amount which his Department will spend on the implementation of the Official Languages Act 2003 for the full year in 2005; and if he will make a statement on the matter. [24012/05]

To date in 2005, it has been calculated that my Department has spent a sum of €20,783 on the implementation of the provisions of the Official Languages Act 2003. It is estimated that €56,000 will be spent on the Act in 2005.

Work Permits.

Richard Bruton

Ceist:

358 Mr. Bruton asked the Minister for Enterprise, Trade and Employment the number of work permits issued in each of the past five years, classified by sector of the economy in which persons are employed and by skill level. [24022/05]

The sectors of the economy in which work permits were issued for each of the past five years are appended for the Deputy's information. Statistics by skill level are not at present compiled.

Appendix: Work permits issued by sector from 2000 to 2004.

Category

2000

2001

2002

2003

2004

Agriculture and fisheries

2,980

5,714

6,249

7,242

3,740

Catering

3,920

9,129

10,305

11,557

8,336

Domestic

200

521

788

944

722

Education

370

480

610

759

717

Entertainment

651

1,021

874

945

801

Exchange Agreements

75

61

297

272

146

Industry

1,750

3,119

3,092

3,382

2,174

Medical and nursing

1,360

1,766

2,883

2,712

2,469

Service industry

6,580

14,018

15,069

19,511

14,705

Sport

120

121

153

227

207

Total permits issued

18,006

36,436

40,321

47,551

34,067

Job Losses.

Paul Nicholas Gogarty

Ceist:

359 Mr. Gogarty asked the Minister for Enterprise, Trade and Employment if his attention has been drawn to the recent or pending job losses of up to 100 persons at a company, details supplied, in County Kildare; the plans in place to find replacement jobs in the Leixlip and Lucan area; and if he will make a statement on the matter. [24050/05]

I understand from IDA Ireland that the company in question has confirmed that there have been no recent job losses, nor are any job losses planned, at its facility in County Kildare where over 2,500 people are employed. The company, which employs over 150,000 people worldwide, has recently announced a global workforce reduction of 15,000, but this is not expected to impact on the Leixlip facility.

The State development agencies, under the aegis of my Department, are promoting the Leixlip and Lucan areas for employment creation and investment. I am satisfied that the strategies and policies being pursued by the agencies will continue to provide sustainable job creation and investment in these areas.

Employment Rights.

Ciarán Cuffe

Ceist:

360 Mr. Cuffe asked the Minister for Enterprise, Trade and Employment if he will provide a synopsis on the legislation in the area of baby-sitting, indicating the minimum ages for those entrusted with the care of children, the hourly wage and maximum hours that can be worked; and if he will make a statement on the matter. [24060/05]

My Department does not have a function in regard to the regulation of child care, including baby-sitting. With regard to employment rights generally, the position is that, where there is an employer-employee relationship through a contract of employment — whether express or implied, oral or in writing — the provisions of a wide range of Employment Rights Acts apply. There are however, no provisions in any of these Acts that refer specifically to the task of baby-sitting or the care of children.

Currently, the National Minimum Wage Act 2000 provides that every adult worker is entitled to receive a statutory minimum rate of pay of €7.65 per hour. In certain circumstances, the Act also provides for the application of sub-minimum rates. For example, employees who are under 18 years of age are entitled to €5.36 per hour.

The Protection of Young Persons (Employment) Act 1996 is concerned with the establishment of maximum hours of work that may be undertaken by children — persons under 16 years of age — and young persons — 16 and 17 year olds. Employers may not employ children in a regular full-time job, but may take on 14 and 15 year olds on light work, during the school holidays, part-time during the school term or as part of an approved work experience or educational programme where this work is not harmful to their safety, health or development. Under the 1996 Act, 14 and 15 year olds may work nil or eight hours, respectively, per week during term time; may work 40 hours work experience during holidays; are entitled to 30 minutes rest after four hours work and 14 consecutive hours rest in every 24 hour period and employment may not begin before 8 a.m. or after 8 p.m. The 1996 Act also provides that for 16 and 17 year olds hours of work should not exceed a maximum of 40 hours per week; rest periods should be 12 consecutive hours in every 24 hour period; rest breaks should be of 30 minutes duration after working four and a half hours and employment may not begin before 6 a.m. or after 10 p.m. The employment rights information unit of my Department can make available a series of information booklets that cover the essential elements of each piece of legislation mentioned above. These can also be downloaded from the Department's website at http://www.entemp.ie/employmentrights.

Anti-competitive Practices.

Ciarán Cuffe

Ceist:

361 Mr. Cuffe asked the Minister for Enterprise, Trade and Employment his views on the near monopolies that companies (details supplied) hold in the areas of event hosting and booking; and if he will make a statement on the matter. [24062/05]

As I have advised the House previously, I am aware of the high market share held by certain companies engaged in the promotion and sale of concert and theatre tickets. The Competition Act 2002 prohibits the abuse of a dominant position and other anti-competitive activities. The Act is enforced by the Competition Authority, which operates independently of my Department. Accordingly, if there are any allegations of anti-competitive practices, they should be referred to the authority for investigation.

Job Creation.

Denis Naughten

Ceist:

362 Mr. Naughten asked the Minister for Enterprise, Trade and Employment the average cost of creating an IDA and Enterprise Ireland-supported job, respectively; and if he will make a statement on the matter. [24094/05]

The issue regarding the cost of creating IDA Ireland and Enterprise Ireland-supported jobs is a day-to-day matter for the agencies themselves and not one in which I am directly involved. Data indicating the average cost of creating IDA Ireland and Enterprise Ireland-supported jobs is compiled from an annual employment survey carried out by Forfás — see following table. The cost per job is calculated by taking into account all agency expenditure on all firms in the period of calculation. Enterprise Ireland reports that the average cost per job created and sustained over the seven-year period 1998 to 2004 was €7,956. Over the seven-year period 1998-2004, there have been 101,438 jobs created in Enterprise Ireland-supported companies. The sustainability of these jobs is reflected in the decreasing cost per job over the same period. IDA Ireland reports that the average cost per job created and sustained over the seven-year period 1998 to 2004 was €14,673. The employment survey tables show a trend towards a falling cost per job in firms supported by both agencies.

Cost per job sustained.

Period/year

1994/2000

1995/2001

1996/2002

1997/2003

1998/2004

€ Euro

IDA Ireland

14,861

14,799

16,815

16,529

16,529

Source: Forfás annual employment survey 2004.

Enterprise Ireland.

Period/year

1994/2000

1995/ 01

1996/02

1997/03

1998/04

€ Euro

Cost per job

10,777

9,408

9,846

8,961

7,956

Source: Forfás annual employment survey 2004.

Consumer Affairs.

Denis Naughten

Ceist:

363 Mr. Naughten asked the Minister for Enterprise, Trade and Employment the position regarding Parliamentary Questions Nos. 99 and 100 of 14 April 2005; and if he will make a statement on the matter. [24095/05]

The final report of the consumer strategy group, entitled Make Consumers Count — A New Direction for Irish Consumers, was published on 18 May 2005. It has as its core recommendation that a new national consumer agency be established. This recommendation has been accepted in principle by the Government. The establishment of the new agency will require primary legislation and my Department has already commenced preparatory work on this matter. In order to maintain the momentum of the consumer strategy group's report, earlier this month I appointed a board to the new agency to act in an interim capacity until such time as the national consumer agency is established on a statutory footing.

The report has also recommended that the Restrictive Practices (Groceries) Order 1987 be revoked in its entirety. As indicated in my response to the House on 14 April 2005, I have now commenced a public consultation process whereby all interested parties are invited to make submissions on this recommendation, up until 31 July 2005. The views of all interested parties will be taken into consideration before any decision is taken in relation to the order.

Ministerial Appointments.

Ruairí Quinn

Ceist:

364 Mr. Quinn asked the Minister for Enterprise, Trade and Employment if he will provide a list of the vacancies on the boards of statutory or State bodies and other statutory appointments which currently exist and which must be made by him or the Government; the reason, in each case, for the vacancy; and when each vacancy will be filled. [24182/05]

The position regarding current vacancies on the boards of statutory or State bodies under the remit of my Department is set out in the following paragraph.

There is one vacancy at present on the board of the National Standards Authority of Ireland. The reason for the vacancy is retirement by rotation, as required under the National Standards Authority of Ireland Act 1996. The decision on the filling of the vacancy is under consideration. There is currently one vacancy on the board of Shannon Free Airport Development Company due to the resignation of a board member. The decision on the filling of the vacancy is under consideration. Under the recently enacted Safety, Health and Welfare at Work Act 2005, the number of board members on the Health and Safety Authority will be increased by one. The formal appointment will be made shortly.

Ruairí Quinn

Ceist:

365 Mr. Quinn asked the Minister for Enterprise, Trade and Employment if he will provide a list of boards of statutory or State bodies and statutory appointments to which vacancies are expected to fall due between now and 31 December 2005 for appointments to be made by him or the Government; and the mechanisms envisaged by which the appointees will be selected. [24196/05]

The position regarding vacancies expected to arise before 31 December 2005, on the boards of statutory or State bodies under the remit of my Department is set out in the following paragraphs.

There is currently one vacancy on the board of the National Standards Authority of Ireland. No further vacancies are expected this year. Subject to paragraph 1(3) of the Second Schedule of the National Standards Authority of Ireland Act 1996, the members of the board are appointed by the Minister from among those interests involved in the process of standardisation and certification of commodities, processes and practices, without any single interest predominating, taking into account guidelines issued from time to time by the Government and, in particular, providing for staff representation and gender balance on the board.

Two vacancies are expected to arise on the board of Science Foundation Ireland between now and 31 December 2005. In accordance with section 8(4) of the Act, appointments to the board of Science Foundation Ireland are made by the Minister, with the consent of the Minister for Finance following consultation with the Minister for Education and Science. Appointments are made on the basis of the relevant experience and skills of the individuals concerned. The issues of gender balance and industrial and higher education expertise are also taken into consideration.

Appointments to the board of Enterprise Ireland are subject to the conditions of the Industrial Development (Enterprise Ireland) Act 1998, which provides for two members to retire annually by rotation from the board. Two such retirements are expected before the end of 2005. Following consultation with Enterprise Ireland, the Department of Enterprise, Trade and Employment proposed that the Minister reappoint the outgoing board members. The Minister has approved the reappointment of both members and has sought the consent of the Minister for Finance. The chairperson of Enterprise Ireland is also due to retire before the end of 2005. The Department of Enterprise, Trade and Employment proposed his reappointment for a further three years. Following consultation with the Taoiseach and the Tanáiste, the Minister has approved the reappointment and has sought the consent of the Minister for Finance.

Two vacancies are expected to arise on the board of the IDA before the end of 2005. Appointments to the board of the IDA are subject to the conditions of the Industrial Development Acts, which provide for two members to retire annually by rotation from the board. A decision will be made on potential candidates, bearing in mind the needs of the agency.

Social Welfare Benefits.

Bernard J. Durkan

Ceist:

366 Mr. Durkan asked the Minister for Social and Family Affairs the total amount spent by way of rent support in lieu of housing in each of the past five years; and if he will make a statement on the matter. [22323/05]

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 rent supplement to assist eligible people who are unable to provide for their immediate accommodation needs from their own resources and who do not have accommodation available to them from any other source. Details of expenditure on rent supplements in each of the past five years are set out in the following table.

Expenditure on rent supplement for the years 2000 to 2004.

Year

Expenditure

€ million

2000

150.59

2001

179.40

2002

252.34

2003

331.47

2004

353.76

The 2005 Estimates allocation for this scheme is €369 million.

Departmental Reports.

Paul Kehoe

Ceist:

367 Mr. Kehoe asked the Minister for Social and Family Affairs the number of reports which have been published in his Department since June 1997; the name of each report; the estimated cost of each report; the date of publication of each; the length of time it took to prepare each one; and if he will make a statement on the matter. [23518/05]

My Department publishes a range of reports in line with its responsibilities for the development and delivery of social welfare services. These include annual reports about the Department's activities, reports under the ongoing programme of expenditure reviews, research undertaken with regard to policy development and reports of working groups and inter-departmental policy groups established to complete specific tasks, such as those established under the social partners' agreements.

In the period in question, some 83 reports were published by my Department. The names of the reports and the dates of publication are set out in the appendix. Details of the costs and the preparation time involved are included where this information is readily available.

APPENDIX

Statistical Information on Social Welfare Services 1996.

Estimated cost: €15,500

Date of publication: 24 July 1997

Length of time taken to prepare: 6 months approximately

Annual Report of the Department of Social Welfare, 1996

Estimated cost: Not readily available

Date of publication: late 1997

Length of time taken to prepare: 8 months approx

The final Report of the Commission on the Family ‘Strengthening Families for Life’

Estimated cost: Not readily available

Date of publication: June 1998

Length of time taken to prepare: 3 years

Social Inclusion Strategy of the Department of Social, Community & Family Affairs.

Estimated cost: €13,189

Date of publication: August 1998

Length of time taken to prepare: Information not readily available

Statistical Information on Social Welfare Services 1997.

Estimated cost: €15,768

Date of publication: 2 August 1998

Length of time taken to prepare: 6 months approximately

Annual Report of the Department of Social, Community and Family Affairs, 1997

Estimated cost: €7,630 (design cost)

Date of publication: late 1998

Length of time taken to prepare: 8 months approximately

Annual Report of the NAPS Inter Departmental Policy Committee.

Estimated cost: €17,874

Date of publication: 1998/99

Length of time taken to prepare: Information not readily available

Annual Report of the Department of Social, Community and Family Affairs, 1998

Estimated cost: €7,700 (design cost)

Date of publication: late 1999

Length of time taken to prepare: 8 months approximately

Statistical Information on Social Welfare Services 1998.

Estimated cost: €15,313

Date of publication: 1 August 1999

Length of time taken to prepare: 6 months approximately

Ireland’s National Report on the Implementation of the Outcome of the UN World Summit for Social Development.

Estimated cost: €5,786

Date of publication: September 1999

Length of time taken to prepare: Information not readily available

Annual Report of the NAPS Inter Departmental Policy Committee.

Estimated cost: €7,522

Date of publication: 1999/2000

Length of time taken to prepare: Information not readily available

Statistical Information on Social Welfare Services 1999.

Estimated cost: €15,959

Date of publication: 27 June 2000

Length of time taken to prepare: 6 months approximately

Evaluation of the Family Services Project by Nexus Research Co-operative

Estimated cost: €37,000

Date of publication: October 2000

Length of time taken to prepare: 1 year approximately

Annual Report of the Department of Social, Community and Family Affairs, 1999

Estimated cost: €9,800 (design cost)

Date of publication: late 2000

Length of time taken to prepare: 8 months approximately

MABS Evaluation by Eustace Patterson

Estimated costs: €103,098

Date of publication: 2000

Length of time to prepare: 2 years, 10 months

Balancing Work and Family Life: the Role of Flexible Working Arrangements — Families Research Programme

Estimated cost: €22,897

Date of publication: December 2000

Length of time taken to prepare: 12 months approximately

Annual Report of the NAPS Inter Departmental Policy Committee.

Estimated cost: €10,558

Date of publication: 2000/2001

Length of time taken to prepare: Information not readily available

Annual Report of the Department of Social, Community and Family Affairs, 2000

Estimated cost: €8,350 (design cost)

Date of publication: late 2001

Length of time taken to prepare: 8 months approximately

Report of the Task Force on Foot and Mouth Disease in County Louth.

Estimated cost: Standard administrative overheads

Date of publication: 12th April 2001 Length of time taken to prepare: 1 month approximately

Marital Breakdown Research Project — Families Research Programme

Estimated cost: €19,046

Date of publication: April 2001

Length of time taken to prepare: 1 year 6 months approximately

“Employability and its relevance for the management of the Live Register” ESRI

Estimated cost: €43,000

Date of publication: May 2001

Length of time taken to prepare: 8 months approximately

National Action Plan against Poverty and Social Exclusion (NAPincl).

Estimated cost: €7,300

Date of publication: June 2001

Length of time taken to prepare: Information not readily available

Statistical Information on Social Welfare Services 2000.

Estimated cost: €13,728

Date of publication: 7 August 2001

Length of time taken to prepare: 6 months approximately

Grandparenthood in Modern Ireland — Families Research Programme

Estimated cost: €36,335

Date of publication: September 2001

Length of time taken to prepare: 2 years approximately

Final Report of the Social Welfare Benchmarking and Indexation Group.

Estimated cost: €5,046

Date of publication: September 2001

Length of time taken to prepare: Information not readily available

Supporting Parenting — Families Research Programme

Estimated cost: €38,092

Date of publication: November 2001

Length of time taken to prepare: 2 years approximately

Review of the National Anti-Poverty Strategy Framework Document.

Estimated cost: €62,768

Date of publication: November 2001

Length of time taken to prepare: Information not readily available

Processes of Family Formation in Ireland — Families Research Programme

Estimated cost: €40,720

Date of publication: February 2002

Length of time taken to prepare: 2 years approximately

Building an Inclusive Society: Review of the National Anti Poverty Strategy under the PPF.

Estimated cost: €7,579

Date of publication: February 2002

Length of time taken to prepare: 3 months

How was it for You? — Families Research Programme

Estimated cost: €38,066

Date of publication: May 2002

Length of time taken to prepare: 2 years 6 months

Statistical Information on Social Welfare Services 2001.

Estimated cost: €20,039

Date of publication: 24 July 2002

Length of time taken to prepare: 6 months approximately

Statistical Information on Social Welfare Services 2002.

Estimated cost: €14,862

Date of publication: 25 August 2002

Length of time taken to prepare: 6 months approximately

Actuarial Review of Social Insurance Fund.

Estimated cost: £90,000 (Sterling), excluding VAT.

Date of publication: September 2002

Length of time taken to prepare: 1 year 5 months approximately

Annual Report of the Department of Social, Community and Family Affairs, 2001

Estimated cost: €11,360 (design cost)

Date of publication: late 2002

Length of time taken to prepare: 8 months approximately

Evaluation of MABS Regional Development Officers by Eustace Patterson

Estimated costs: EUR 19,118

Date of publication: 2002

Length of time taken to prepare: 2 years, 2 months

Contemporary Family Policy — Families Research Programme

Estimated cost: €38,092

Date of publication: November 2002

Length of time taken to prepare: 3 years

Childrens’ Experience of Parental Separation in Ireland — Families Research Programme

Estimated cost: €38,092

Date of publication: December 2002

Length of time taken to prepare: 3 years

Unhappy Marriages: Does Counselling Help? — Families Research Programme

Estimated cost: €57,138

Date of publication: December 2002

Length of time taken to prepare: 3 years

Study to Examine the Future Financing of Long term Care in Ireland.

Estimated cost: €130,229

Date of publication: June 2003

Length of time taken to prepare: 2 years 7 months approximately

Report on Consultation for National Action Plan against Poverty and Social Exclusion 2003 — 2005 — Ireland.

Estimated cost: €9,650

Date of publication: July 2003

Length of time taken to prepare: 5 months

National Action Plan against Poverty and Social Exclusion 2003 — 2005 — Ireland.

Estimated cost: €12,480

Date of publication: July 2003

Length of time taken to prepare: 6 months

Annual Report of the Department of Social and Family Affairs, 2002

Estimated cost: €23,330 (design and print costs)

Date of publication: late 2003

Length of time taken to prepare: 8 months approximately

Family Well-being: What Makes a Difference — Families Research Programme

Estimated cost: €38,913

Date of publication: February 2004

Length of time taken to prepare: 2 years

Distressed Relationships: Does Counselling Help? — Families Research Programme

Estimated cost: €53,785

Date of publication: February 2004

Length of time taken to prepare: 4 years 6 months

Marginalised Men — Families Research Programme

Estimated cost: €12,697

Date of publication: February 2004

Length of time taken to prepare: 4 years 6 months

Families and Family Life: Challenges for the Future.

Estimated cost: €15,300

Date of publication: February 2004

Length of time taken to prepare: 3 months

Statistical Information on Social Welfare Services 2003.

Estimated cost: €18,785

Date of publication: 29 August 2004

Length of time taken to prepare: 6 months approximately

A Nine-Year Psychosocial Follow-up Study of Children and their Families — Families Research Programme

Estimated cost: €45,712

Date of publication: September 2004

Length of time taken to prepare: 5 years approximately

Annual Report of the Department of Social and Family Affairs, 2003

Estimated cost: €29,092 (design and print costs)

Date of publication: late 2004

Length of time taken to prepare: 8 months approx

Strengthening Families Through Fathers — Families Research Programme

Estimated cost: €23,395

Date of publication: Nov 2004

Length of time taken to prepare: 4 years

Preventing Chronic Disability from Low Back Pain

RENAISSANCE PROJECT

Cost: EUR 6,463.80

Date of publication: September 2004

Time to prepare: 15 months

First Annual Report of the Office for Social Inclusion.

Estimated cost: €9,309

Date of publication: December 2004

Length of time taken to prepare: 4 months

An Oifig um Chuimsiu Soisialta. An Chead Tuarascail Bhliantuil.

Estimated cost: €4,983 (excluding translation costs).

Date of publication: December 2004

Length of time taken to prepare: 4 months

Co-ordination of Social Security in an Enlarged Europe — now and tomorrow.

Estimated cost: €45,674

Date of publication: 30th May 2005

Length of time taken to prepare: 1 year approximately

Details of the expenditure review reports.

Evaluations of the Back to Work Allowance Scheme i.e. the employment and self employment strands, by WRC Social & Economic Consultants Ltd.

Date of publication: October 1997

Estimated cost: €55,794

National and Smokeless Fuel Schemes

Date of publication: July 1998

Carer’s Allowance

Date of publication: October 1998.

Actuarial Review & National Pensions Policy Initiative

Estimated costs: EUR 57,150

Date of publication: February 1999.

Credited PRSI Contributions

Date of publication: February 1999.

Disincentive effects of Secondary Benefits

Estimated costs: EUR 32,850

Date of publication: April 1999.

Back to Work Allowance Scheme

Date of publication: August 1999.

Interdepartmental Working Group examining the treatment of Married, Cohabiting and One Parent Families under the Tax and Social Welfare Codes

Date of publication: January 2000.

Free Schemes

Date of publication: May 2000.

Qualifying Conditions for Old Age (Contributory) and Retirement Pensions (Phase 1)

Date of publication: August 2000

One-Parent Family Payment

Date of publication: July 2000.

An evaluation of the Back to Work Allowance and Area Allowance Enterprise Schemes (Indecon)

Estimated costs: EUR 104,437

Date of publication: December 2000.

Evaluation of the First Step Back to Work Allowance Fund, by Ernst & Young

Estimated costs: EUR 38,641

Date of publication: February 2001

Urban and Gaeltacht School Meals

Estimated costs: EUR 8,126

Date of publication: December 2002

Orphans Pensions/Allowances

Date of publication: March 2003

Illness and Disability Payment Schemes

Date of publication: September 2003

Back to School Clothing and Footwear Allowance

Date of publication: August 2004

Supplementary Welfare Allowance — Phase 1

Date of Publication: December 2004

The following reports were published under the Community Development Programme during the period 1997 — 2002. Responsibility for the programme transferred to the Department of Community, Rural and Gaeltacht Affairs from that date. Information about the costs involved and the preparation time is not readily available.

Family Resource Centres Review by Carmel Kelleher and Patricia Kelleher

Date of publication: June 1997

Review of the Schemes of Grants to Locally-based Women’s Groups by Sourcelines Consultancy

Date of publication: October 1997

Review of the Scheme of Grants to Locally-based Men’s Groups

Date of publication: October 1997

Review of Scheme of Grants for locally-based Women’s Groups and for locally-based Men’s Groups

Date of publication: June 1998

Review of Family and Community Services Resource Centre Programme

Date of publication: June 1998

Review of the Scheme of Community Support for Older People

Date of publication: April 1999

The National Community Development Handbook

Date of publication: September 1999

Equality in Community Development — Anti-Racist Code of Practice

Date of publication: November 1999

Developing a funding framework for Support Agencies in the Community Development Programme

Date of publication: April 2000

The White Paper on a Framework for Supporting Voluntary Activity and for Developing the Relationship between the State and the Community and Voluntary Sector

Date of publication: September 2000

Postal Services.

Cecilia Keaveney

Ceist:

368 Cecilia Keaveney asked the Minister for Social and Family Affairs his views on requests, details supplied, made by the Irish Postmasters Union; and if he will make a statement on the matter. [23526/05]

The range and type of services which An Post provides to its customers is, in the first instance, a commercial matter for the company. I have met with the Irish Postmasters Union and An Post regarding the further delivery of welfare entitlements. I have no role or function in this regard. I am aware that An Post is mindful of the need to move to a more modern payment system. As a result, I have been assured that An Post will respond to developments and product innovation in the money transmission market so that it can maintain its position as a leading player in this area of commercial activity.

The Government is committed to maintaining a viable network of post offices throughout the country and the issues involved are under consideration by my colleague, the Minister for Communications, Marine and Natural Resources, who is the Minister responsible for An Post. I have already met with him on this matter and I will continue to liaise with him as appropriate. My Department's policy is to ensure that a range of payment options is available to customers and that service is continually improved by providing access to the wide range of payment options and new services and facilities now available. Some 58% of customers currently receive payment through their local post office, 10% are paid by cheque through the postal system and 32% receive direct electronic payment to their accounts with financial institutions.

The growth in the number of customers opting for the direct payment option can be attributed to a number of reasons, such as the growing use of electronic payments in business and society generally, the increase in the use of electronic banking and debit-credit cards by people and the changing profile of our customer base across all schemes. As I have stated in the past, it is my responsibility to ensure that welfare customers are given choices as regards the payment methods for their entitlements. My priority is to ensure that the most modern, the most flexible and widest range of options are available to our welfare customers.

An Post and my Department have been partners in the delivery of social welfare payments since the foundation of the State. There is a very good working relationship between my Department and the company and I am sure that An Post will continue to have an important role in the delivery of social welfare payments in the future.

Question No. 369 answered with QuestionNo. 6.

Departmental Publications.

David Stanton

Ceist:

370 Mr. Stanton asked the Minister for Social and Family Affairs if the forms review committee has completed its work; if so, its findings and recommendations; if not, when its work will be completed; and if he will make a statement on the matter. [23528/05]

The ongoing review of forms and information leaflets is an integral part of the day-to-day business of my Department. My Department uses a variety of consultative methods to assist with these reviews and to help identify areas for improvement. For example, feedback is obtained from our day-to-day contacts with customers, my Department's information officers, customer panels, customer surveys and from Comhairle, the national information agency. This enables my Department to be responsive to our customers' needs and ensures that forms and information material are customer-friendly, simple and easy to understand.

As a result of our internal reviews and consultation with our customers, my Department has now implemented a "plain English" policy on all application forms and leaflets. Staff from the information services unit work closely with the National Adult Literacy Agency, NALA, and currently all our application forms and information leaflets are vetted by NALA before going to print.

Question No. 371 answered with QuestionNo. 86.

Budgeting Advice.

David Stanton

Ceist:

372 Mr. Stanton asked the Minister for Social and Family Affairs the average amount of debt that clients of the MABS are in; their average earnings per annum; and if he will make a statement on the matter. [23530/05]

My Department has overall responsibility for the money advice and budgeting service, MABS, which provides assistance to people experiencing indebtedness. There are 52 independent companies nationwide operating the service. MABS does not generate statistics on indebtedness and, consequently, the information sought by the Deputy is not available.

MABS, through MABS National Development Limited, is in the process of developing a computer system that will provide relevant statistics on indebtedness. MABS is centred on the needs of the customer and it is vital that the various needs of customers are met. This system, when operational, will add another positive dimension to the role of MABS.

Question No. 373 answered with QuestionNo. 51.
Question No. 374 answered with QuestionNo. 45.
Question No. 375 answered with QuestionNo. 44.

Social Welfare Benefits.

David Stanton

Ceist:

376 Mr. Stanton asked the Minister for Social and Family Affairs the amount of overpayments his Department has written off as bad debts for each of the years 2002, 2003 and 2004; and if he will make a statement on the matter. [23534/05]

My Department operates a policy, under sanction of the Department of Finance, whereby overpayments, in respect of which there has been no recovery activity for three years and there is no immediate prospect of such recovery, are written off. The purpose of this provision, when introduced, was to avoid carrying forward large irrecoverable overpayments in the accounts of this Department.

The amounts written off in each of the three years in question were €7.9 million in 2002, €6.7 million in 2003 and €6.4 million in 2004 — provisional. The fact that a case is written off for accounting purposes does not mean that it cannot be recovered at a later date and if the opportunity subsequently arises to do so, recovery is pursued. Sums recovered post write off for the three years in question are €1.3 million in 2002, €1 million in 2003 and €1.5 million in 2004 — 2004 figures are provisional figures.

Social Welfare Appeals.

David Stanton

Ceist:

377 Mr. Stanton asked the Minister for Social and Family Affairs the average duration of the appeals process for cases appealed to the social welfare appeals office; and if he will make a statement on the matter. [23535/05]

The average processing time for appeals closed in 2004 was 20 weeks and 90% of cases were finalised within 15 weeks. This covers all phases of appeals, including, where appropriate, examination by medical assessors of the Department and oral hearings, which are now afforded in approximately 70% of the cases determined by appeals officers.

Some appeals will always take a particularly long time to process, generally for reasons which are outside the control of the appeals office, for example, delays can occur if the appellant furnishes new evidence which requires investigation at a late stage in the proceedings or where adjournments are sought by the appellant and his/her representative. The social welfare appeals system is judicial in nature and the procedures involved are designed to ensure that every appellant's case gets full and satisfactory consideration. While the achievement of further improvement in processing times is a major objective of the office, at all times it is necessary that progress in this regard is achieved in a manner which ensures that every appeal is fully investigated and examined on all its merits.

Social Welfare Fraud.

David Stanton

Ceist:

378 Mr. Stanton asked the Minister for Social and Family Affairs the way in which inspectors from his Department in pursuit of defaulters work with the Revenue Commissioners; and if he will make a statement on the matter. [23536/05]

Social welfare inspectors appointed under section 212 of the Social Welfare (Consolidation) Act, 1998 are responsible, inter alia, for ensuring that employers and the self employed comply with the legal requirements regarding pay related social insurance, PRSI, contributions. In 1990, joint inspection units — JIU — comprising personnel from both the Department of Social and Family Affairs, DSFA, and Revenue Commissioners inspectorates were established countrywide to combat social welfare fraud and tax evasion. These units work together to identify employers who are not complying with the PAYE/PRSI regulations and who are abusing social welfare schemes.

A service level agreement between this Department and the office of the Revenue Commissioners defines the administrative and operational arrangements of these units. This joint co-operation, drawing as it does on the expertise and experience of those involved in planning and conducting joint projects, has been beneficial in the detection of non-compliance and the collection of outstanding PRSI liabilities arising. In addition, the use of both social welfare and revenue legislation has been effective in this regard.

As a result of the ongoing employer inspection programme, carried out by the JIU and the general social welfare inspectorate, arrears of PRSI/PAYE, totalling €3.86 million and €3.82 million were recovered in respect of the years 2003 and 2004, respectively. Furthermore, to assist inspectors in carrying out this employer inspection programme and to enhance its effectiveness, non-compliant employers are targeted in a number of ways. Arising from the ongoing liaison and co-operation between my Department and the Revenue Commissioners, appropriate data are obtained from the Revenue Commissioners which identifies those employers who are failing to meet their legal obligations with regard to the PRSI scheme. Section 222 of the Social Welfare Consolidation Act 1998 provides for the sharing of data between my Department and the Revenue Commissioners.

Such information is issued to the nationwide network of inspectors for follow up action. This involves inspectors conducting wage inspections with a view to regularising the PRSI position and, where appropriate, assessing and collecting outstanding PRSI liabilities.

Postal Services.

Joe Higgins

Ceist:

379 Mr. J. Higgins asked the Minister for Social and Family Affairs if he will make representations to An Post to reinstate a post office service in Castleknock village, Dublin 15, in view of the hardship that the closure of the post office has caused pensioners. [23540/05]

The post office referred to by the Deputy was closed temporarily on 7 April 2005 due to flooding. The Department has been notified by An Post that the premises is no longer available to it but it is actively seeking new premises in the area. In the meantime, social welfare customers have been redirected to one of four alternative post offices within a two mile radius of the closed office. It is understood that these arrangements are working satisfactorily.

My Department is notified in advance by An Post of the closure of any post office. On receipt of the notification, customers who are affected by the closure are redirected to the nearest post office or, alternatively, to a post office designated by the customer. Where these arrangements do not suit a customer, my Department provides alternative payment arrangements either by cheque or by direct payment into a customer's account with a financial institution. Customers may contact my Department at any time if they wish to make alternative payment arrangements.

Social Welfare Benefits.

Michael Ring

Ceist:

380 Mr. Ring asked the Minister for Social and Family Affairs the reason a person, details supplied, in County Mayo is being denied unemployment assistance. [23541/05]

Following a review of his entitlements, a deciding officer disallowed the unemployment assistance claim of the person concerned on 15 June 2005 on the grounds that he is not available for and genuinely seeking full-time work. The person concerned has appealed this decision and his file has been forwarded to the independent social welfare appeals office for determination. Every effort is being made to have the appeal of the person concerned determined as soon as possible.

Under social welfare legislation, decisions regarding 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 Expenditure.

Enda Kenny

Ceist:

381 Mr. Kenny asked the Minister for Social and Family Affairs the amount of his Department’s budgetary allocation for 2004; the amount of this allocation which was returned to the Department of Finance at year’s end; the Vote head from which such returned allocations were derived; and if he will make a statement on the matter. [23979/05]

My Department's Estimate for 2004 was €5,999,368,000. The surplus to be surrendered to the Exchequer at year end was less than 0.7% at €40,168,236. Underspends on the following heads contributed to the amount to be surrendered: A, administration; E, unemployment assistance; F, farm assist scheme; G, employment support services; I, one-parent family payment; J, widow's/widower's and orphan's non-contributory pensions; L, family income supplement; N, supplementary welfare allowance; P, free schemes; Q, the money advice and budgeting service; R, the Family Support Agency; S.2, social exclusion programme and U, miscellaneous services.

The expenditure for each of the main schemes operated by my Department is demand led and the underspends therefore represent a lower than expected demand in 2004. The number of those claiming unemployment assistance last year, for example, reflected a better than expected overall labour market performance.

Social Welfare Benefits.

John Cregan

Ceist:

382 Mr. Cregan asked the Minister for Social and Family Affairs when the living alone allowance was first introduced; the rate of same when introduced; when it was last increased; the level to which it was increased; if he will consider an increase in the allowance; and if it will be increased to all persons over 66 years living alone whether receiving a social welfare pension or not. [23990/05]

The living alone allowance is an additional payment of €7.70 per week made to people aged 66 years or over who are in receipt of certain social welfare type payments and who are living alone. It is also available to people under 66 years of age who are living alone and are receiving payments under one of a number of invalidity type schemes. The allowance was first introduced in 1977 and the payment rate at the time was £1 per week. The allowance is not a payment in its own right but a supplement to an Irish social welfare pension or other payment. As such, it cannot be paid to people without a social welfare entitlement or those whose pension payments are made under the social security regimes of other countries.

The allowance was last increased in 1996. The policy with regard to support for pensioners since then has been to commit resources to improving the personal pension rates for all pensioners, rather than supplementary payments such as the living alone allowance. This approach ensures that the position of all our pensioners is improved.

Irish Language.

Brian O'Shea

Ceist:

383 Mr. O’Shea asked the Minister for Social and Family Affairs the amount his Department has spent to date in 2005 on the implementation of the provisions of the Official Languages Act 2003; his estimate of the amount which his Department will spend on the implementation of the Official Languages Act 2003 for the full year in 2005; and if he will make a statement on the matter. [24013/05]

As indicated in a previous reply, it has always been an objective of my Department to aim to provide quality customer service in Irish. This includes provision for translation of forms, leaflets and other documents; training of staff in spoken and written Irish and providing bilingual signage in public areas.

To date in 2005, €8,504 has been spent on Irish translation, €3,176 on Irish advertising and €30,173 on bilingual signage. It is estimated that expenditure on Irish training in 2005 will be €131,000 and €64,500 on bilingual signage. It is not possible at this stage to give an estimate of the final 2005 cost of translating Department documents into Irish or the cost of advertising in Irish.

The total budget for all translation in 2005 is €100,000 and €500,000 for all advertising. It is difficult to separate the portion in respect of Irish from costs generally as the cost of the Irish element is, in many instances, included in the total cost and cannot be separately identified.

Social Welfare Benefits.

Róisín Shortall

Ceist:

384 Ms Shortall asked the Minister for Social and Family Affairs if his attention has been drawn to the anomalous position vis-à-vis welfare entitlement of students, whereby those who had been living independently of their parents with the support of welfare benefits and who later took a place at a third level institution have few social welfare entitlements purely on account of their student status and irrespective of their special circumstances; if his attention has further been drawn to the gross disincentive this presents for students to continue in education, particularly when rent allowance is affected; if he will examine the case of a person (details supplied) which highlights this problem in full; and if he will make a statement on the matter. [24080/05]

Rent supplements are available through the supplementary welfare allowance scheme which is administered on my behalf by the community welfare division of the Health Service Executive. In general, people in full-time education are excluded from receiving assistance, including rent supplement, under the supplementary welfare allowance scheme. However, there is provision for continued payment of rent supplement to eligible long-term social welfare recipients who wish to resume full-time education in approved courses through the back to education allowance or VTOS schemes, subject to satisfying the other standard conditions of the rent supplement scheme. Otherwise, there is no provision whereby a person in full-time education can qualify.

The Dublin north-east area of the Health Service Executive has advised that, in the course of a routine review of her entitlements, it became aware that the person concerned is a full-time student. As she is not participating in either the back to education allowance or VTOS schemes, she does not satisfy the conditions for continued payment of rent supplement. She has been informed by the executive, therefore, her rent supplement entitlement will cease in the event that she resumes full-time education next September.

David Stanton

Ceist:

385 Mr. Stanton asked the Minister for Social and Family Affairs his views on the fact that €3 million worth of social welfare cheques were not cashed in 2004; if this has been attributed to the fact that one in three welfare recipients do not have a bank account and so rely on local traders to exchange the cheques for cash or goods; and if he will make a statement on the matter. [24084/05]

My Department issued over 6.7 million cheques in 2004, of which 16,428 remained uncashed at their expiry date. Cheques issued by my Department can be cashed anytime up to six months after the date of issue. The reason cheques remained uncashed at their expiry date was because they had been lost, stolen, destroyed or were not cashed by customers or traders neglected to redeem them. In cases where my Department was satisfied that the original cheque had not been cashed by the customer or the value redeemed by the trader, replacement cheques were issued to them. A total of 8,732 replacement cheques were issued in 2004.

Cheques are but one of a range of payment methods offered to customers and account for about 10% of total payments issued by my Department. Departmental cheques are drawn on the Bank of Ireland and may be cashed at any bank branch on production of necessary identification. In addition, Bank of Ireland has an agreement with An Post whereby social welfare cheques may be cashed at any post office subject to satisfactory proof of identity.

While precise statistics are not available, it is estimated that about one third of social welfare customers in receipt of cheque payments cash them at retail outlets without any difficulty. My Department is not aware that customers receiving payment by cheque are experiencing any difficulties in encashing them.

Paul Kehoe

Ceist:

386 Mr. Kehoe asked the Minister for Social and Family Affairs the reason a person (details supplied) has been discontinued payment of the diet supplement; the options available to them; and if he will make a statement on the matter. [24085/05]

Diet supplements are provided for under the supplementary welfare allowance scheme which is administered on my behalf by the community welfare division of the Health Service Executive. The amount of supplement payable is subject to a means test and depends on which of two categories of diet — low cost or high cost — has been prescribed by the applicant's medical adviser and the income of the individual and his or her dependants.

The southern region of the executive has advised that the person concerned had been in receipt of a diet supplement of €44.20 per month — equivalent to €10.20 per week — in respect of a low cost, low fat diet, in addition to his invalidity pension of €264.40 per week from my Department. The person concerned was awarded retirement pension of €295.30 per week by my Department in place of his invalidity pension, with effect from 24 March 2005.

The executive subsequently reviewed the rate of diet supplement payable to him to take account of the increase of €30.90 in his weekly pension income. Following this review, the executive ceased payment of diet supplement to him, as his means were in excess of the prescribed limit for entitlement. This revised determination by the executive is based on the income and diet information available to it regarding the person concerned. He has a right of appeal to the executive against this decision and to present to it any new facts or information which might be relevant to his diet supplement eligibility.

Question No. 387 answered with QuestionNo. 19.
Question No. 388 answered with QuestionNo. 29.
Question No. 389 answered with QuestionNo. 6.

Bernard J. Durkan

Ceist:

390 Mr. Durkan asked the Minister for Social and Family Affairs if he has plans to improve the various benefits other than at budget time; and if he will make a statement on the matter. [24156/05]

Improvements in social welfare schemes and services are normally introduced by way of the annual budget and/or the biannual Social Welfare Acts. Due to the funding implications normally associated with such improvements, I have no immediate plans to introduce them in another context.

Bilateral Social Security Agreements.

Bernard J. Durkan

Ceist:

391 Mr. Durkan asked the Minister for Social and Family Affairs the number of countries with which Ireland has bilateral welfare agreements; if, in all such cases, the procedures are working effectively and efficiently; and if he will make a statement on the matter. [24157/05]

Ireland has concluded bilateral social security agreements with seven countries:Austria, Australia, Canada, New Zealand, the United Kingdom, the USA and Switzerland. Ireland also entered into a bilateral understanding with Québec on 1 October 1994. All of these agreements are currently in operation.

The main purpose of these agreements is to protect the social security pension rights of workers who have worked both in Ireland and the other country to which the agreements apply. With Austria, Switzerland and the United Kingdom, they have limited application as the EU regulations apply in most cases.

The bilateral agreements provide for the adding together of periods of insurance and, where appropriate, periods treated as equivalent to periods of insurance, completed in Ireland and the other country involved, for the purposes of calculating and awarding pensions. They also provide that temporarily posted workers may continue for a specified period under the social insurance system of the country in which they were previously insured instead of transferring for a short period into the other country's system.

Liaison procedures have been established with each country and are kept under constant review. Regular contact is made with the appropriate foreign agencies to ensure the smooth transfer of the necessary information required to decide on these types of claims. At present, no significant difficulties are being experienced with any of the agreements.

For all schemes, the time taken to process claims that fall to be examined under bilateral agreements is longer than that for standard Irish entitlements, reflecting the added complexity that arises in determining entitlements under these agreements. While every effort is made to minimise processing times, the overriding objective in dealing with these claims is to ensure that people receive their full entitlements.

I assure the Deputy that delays in processing applications will not result in any losses to pensioners and those who qualify for payment will have their claims backdated fully in accordance with the normal regulations for backdating pension claims. I am satisfied that, overall, the procedures are working effectively and efficiently.

Social Welfare Appeals.

Bernard J. Durkan

Ceist:

392 Mr. Durkan asked the Minister for Social and Family Affairs the number of appeals lodged against decisions in respect of social welfare entitlements in each of the past four years; and if he will make a statement on the matter. [24158/05]

The figures requested are as follows:

Year

Appeal

2001

15,961

2002

15,017

2003

15,224

2004

14,083

The decrease in the overall number of appeals over the period is due largely to the reduction in the number of appeals under the Department's unemployment schemes.

Social Welfare Benefits.

Bernard J. Durkan

Ceist:

393 Mr. Durkan asked the Minister for Social and Family Affairs the number of recipients of family income supplement in each of the past three years; the extent to which this has increased and decreased; and if he will make a statement on the matter. [24159/05]

There are 15,503 families currently in receipt of the supplement. The number of persons who applied for family income supplement in the year to December 2004 was 21,020, which represents a substantial increase on 2003 when the numbers of applications received was 18,164. The number received in 2002 was 17,868. The number of persons in receipt of family income supplement at 31 December 2004 was 14,727, with an average weekly payment of €69.68. The number of persons who were in receipt of family income supplement in each of the three previous years was: 2002 — 12,043; 2003 — 12,317 and 2004 — 14,727.

Over the past number of years, improvements to the scheme have been made, particularly with regard to the income limits that apply. This year, I provided for further increases in the family income supplement income limits with effect from January 2005. These increases raised the weekly limit by €39.00 at each point, adding an additional €24.00 to the payments of most existing family income supplement recipients. A minimum weekly rate of €20 applies.

Additionally, my Department undertakes a number of proactive measures to ensure that people are aware of possible entitlement to family income supplement. These include advice to all persons who are awarded one-parent family payment and back to work allowance recipients. All employers are provided annually with information about the scheme in PRSI mailshots.

Information on family income supplement is contained in all child benefit books and can be accessed on the Department's website. The scheme has previously been extensively advertised through local and national media outlets, including newspapers and radio, as well as through poster campaigns and targeted mailshots. These methods of information provision will continue to be used to promote the scheme.

Bernard J. Durkan

Ceist:

394 Mr. Durkan asked the Minister for Social and Family Affairs if he will consider increasing child benefit substantially to compensate for child care, in view of the fact that both parents may be in the workforce; and if he will make a statement on the matter. [24160/05]

My Department administers a number of child income support measures, including child benefit which delivers a standard rate of payment in respect of all children in a family regardless of income levels or employment status. Child benefit supports all children but delivers proportionately more assistance to those on low incomes and with larger families. It is not intended primarily to meet child care costs. However, the substantial increases in benefit in recent years can make a significant contribution to meeting those costs.

Since April 2005, monthly rates of child benefit have increased to €141.60 in respect of each of the first two children and €177.30 in respect of the third and subsequent children. Monthly rates of child benefit have increased by €103.51 at the lower rate and €127.78 at the higher rate since 1997, increases of 272% and 258% respectively. This level of increase is unprecedented and is in line with the Government's objective of improving income for children generally. The question of further increases in child benefit would have to be considered in a budgetary context.

Officials from my Department have had discussions with the Departments of Justice, Equality and Law Reform, Health and Children, Education and Science and the Health Service Executive to identify and put in place suitable funding arrangements consistent with the limited, but socially important, responsibility which my Department currently has in this area.

Bernard J. Durkan

Ceist:

395 Mr. Durkan asked the Minister for Social and Family Affairs the extent to which the number of recipients of rent allowance has increased and decreased; and if he will make a statement on the matter. [24161/05]

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 rent supplement to assist eligible people who are unable to provide for their immediate accommodation needs from their own resources and who do not have accommodation available to them from any other source. Details of recipients of rent supplement in each of the last five years and current recipients of rent supplement are set out in the following table.

Recipients of rent supplement 2000-2004.

Year

Recipients

2000

42,683

2001

45,028

2002

54,213

2003

59,976

2004

57,874

2005*

58,015

*As at 24 June 2005.

Bernard J. Durkan

Ceist:

396 Mr. Durkan asked the Minister for Social and Family Affairs his proposals to improve or enhance payments of entitlements in respect of recipients of widow’s pension; and if he will make a statement on the matter. [24162/05]

In recent years, the Government has introduced a number of specific measures which benefit widows and widowers. With regard to those who are over 66 years of age, the Government had committed to bringing their rate of payment into line with that of the old age contributory pension. This was achieved through a series of special increases in recent budgets and the process was completed in budget 2004.

The maximum rate of both old age and widow's/widower's contributory pension is now €179.30 per week. Overall, since 1997, this payment has increased by €89.02 or 98%. The increase in the consumer price index over the same period was 30.7%. Payments for those under 66 years increased by over 70% in the same period.

Widows and widowers are also benefiting from the changes in the household benefits scheme announced over a number of budgets. Under these arrangements, all persons aged over 70 years of age are now entitled to the full range of benefits, regardless of their means or household composition. Widows and widowers with dependent children can benefit from the widowed parent grant introduced in 2000 to provide additional assistance following a bereavement. The grant is currently valued at €2,700 and is paid in addition to the usual after death payments.

Increases in the rates of child benefit are also of benefit to widows and widowers with children. Since 1997, the monthly rates of child benefit have been increased dramatically. Since April, child benefit payments are €141.60 per month for each of the first and second children and €177.30 per month for the third and subsequent children.

Increases in payment supports for widows and widowers have more than covered increases in living costs in recent years. I will continue to look for opportunities to improve their position and, in this regard, the various provisions for widows and widowers under the social welfare code will be kept under review in a budgetary context.

Bernard J. Durkan

Ceist:

397 Mr. Durkan asked the Minister for Social and Family Affairs when one-parent family allowance will be restored in the case of a person, details supplied, in County Kildare who has three dependent children and, contrary to his Department’s assertion, is not cohabiting; and if he will make a statement on the matter. [24164/05]

The person concerned had her entitlement to lone parent allowance terminated on the grounds of cohabitation. It is a condition for the receipt of lone parent allowance that the lone parent is not cohabiting, that is, living with someone as husband and wife. She subsequently appealed this decision to the social welfare appeals office. Following an oral hearing, the appeals officer upheld the decision of the deciding officer with regard to cohabitation.

If the circumstances of the person concerned have changed, it is open to her to re-apply for one-parent family payment. Under social welfare legislation, decisions with regard to claims must be made by deciding officers. Appeals against such decisions are decided by appeals officers. These officers are statutorily appointed and I have no role in regard to making such decisions.

Bernard J. Durkan

Ceist:

398 Mr. Durkan asked the Minister for Social and Family Affairs if he will accept the previously agreed payment of €7.00 per week in respect of recoupment of overpayment in the case of a person, details supplied, in County Kildare; and if he will make a statement on the matter. [24166/05]

As the Deputy is aware from my replies to previous Parliamentary Questions regarding this case, a significant overpayment of diet supplement arose because the person concerned did not notify the community welfare officer that he had commenced employment. The Dublin/mid-Leinster area of the Health Service Executive has advised that following protracted negotiations with the person concerned, a repayment schedule of €40 per month had been agreed to address the overpayment.

To date only one payment has been made by the person concerned and the executive has recently been in contact with him in an attempt to progress this matter. The specific recoupment arrangements in this case are a matter for resolution between the Health Service Executive and the person concerned.

Bernard J. Durkan

Ceist:

399 Mr. Durkan asked the Minister for Social and Family Affairs the reason a person, details supplied, in County Dublin has been refused rent allowance; and if he will make a statement on the matter. [24167/05]

The Dublin/mid-Leinster area of the Health Service Executive has advised that it referred the person concerned to her local authority for an assessment of her housing needs, following her application for rent supplement. The local authority advised the executive subsequently that the person concerned was assessed as not being in need of housing, as she has the option of living in the family home and is not at risk of homelessness. In the circumstances, she does not satisfy the statutory conditions for receipt of rent supplement. Her application was rejected by the executive on this basis.

As I stated in my reply to Parliamentary Question No. 397 of 21 June 2005, the executive has advised that it received an appeal in June from the person concerned against this decision regarding her rent supplement eligibility. She will be notified by the executive of the outcome of this appeal as soon as it is completed.

Seán Ryan

Ceist:

400 Mr. S. Ryan asked the Minister for Social and Family Affairs if he will address the anomalies in the treatment of certain claimants of deserted wife’s benefit (details supplied); if he will implement the necessary changes to ensure that the entitlements established during that period are maintained and preserved; if he will abolish the means test for the persons concerned and, furthermore, will he modify the existing scheme to enable persons who may exceed the present earning limit of €17,776.33 a year to receive a reduced rate of payment, to enable such persons to be eligible for deserted wife’s benefit should their earnings be reduced and come within the earning guidelines in future years. [24168/05]

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

Following the introduction of the one-parent family payment in 1997, the deserted wife's benefit scheme was closed to new applications with effect from 2 January in that year. A parent with dependent children is eligible for benefits under the one-parent family payment scheme, irrespective of gender or the circumstances that gave rise to the lone parenthood. Lone parents are encouraged under the scheme to maximise their income from different sources and the means test for the scheme makes provision for the exemption of earnings and maintenance payments.

With regard to employment, lone parents may earn up to €146.50 per week without affecting their payment. Earnings above this limit are assessed at 50%, up to a maximum of €293.00 per week. In addition, transitional arrangements can apply for parents who have been in receipt of the one-parent family payment for more than a year. If these recipients' weekly income exceeds the upper income limit, they can still retain half their payment for an additional six months. Lone parents are also eligible to avail of the full range of employment support schemes operated by my Department.

The schemes for deserted wives under social insurance have been retained to the extent that existing entitlements already acquired before August 1992, when the earnings limit was introduced for new claimants, and before 1997, when the one-parent family payment scheme was introduced, have been preserved. All new claimants, irrespective of gender or previous claims and entitlements, who seek income support as lone parents are treated equally under the terms of the one-parent family payment scheme.

Michael Ring

Ceist:

401 Mr. Ring asked the Minister for Social and Family Affairs the regulation with regard to a person drawing unemployment benefit after receiving a redundancy payment; the guidelines for someone drawing unemployment benefit after receiving a redundancy payment; if he will provide a breakdown of any restrictions with regard to this scheme. [24170/05]

Section 47(4) of the Social Welfare (Consolidation) Act 1993 sets out the circumstances under which a person may be disqualified from entitlement to unemployment benefit. One such circumstance relates to customers who receive a redundancy lump sum payment, which, in accordance with the terms of the Redundancy Payment Acts, is in excess of €19,046.07.

In accordance with this legislation, any person, provided he or she is under age 55, who has received a redundancy payment from his or her employer in excess of €19,046.07, shall be disqualified from receiving unemployment benefit for up to nine weeks from the last date of employment. The actual duration of the disqualification is a matter for the deciding officer but the guidelines recommend that the length of the disqualification be linked to the size of the redundancy payment in each case.

Certain payments are disregarded in determining the duration of the disqualification, for example, encashment of pension entitlements where the person has paid into an insurance fund on a voluntary basis, moneys paid in lieu of notice or accrued holiday entitlements. The guidelines also advise that in considering an unemployment benefit claim made by a person who has just been made redundant, account should be taken of a range of factors which could include, for example, the claimant's age, family difficulties and so forth.

In addition, in cases where the customer intends to use some of the redundancy payment to clear or reduce debts which have accrued, deciding officers may offset these debts against the amount received before determining an appropriate period of disqualification, for example, arrears of mortgage or rent, arrears of telephone/electricity/gas bills and particularly debts to moneylenders. Regard may similarly be had to costs related to any exceptional needs.

John Cregan

Ceist:

402 Mr. Cregan asked the Minister for Social and Family Affairs the position for persons on social welfare payments who change the payment system from book to bank account and who feel they lose a week’s payment in the process; if he will report on the system; if a week’s loss will be avoided; and if the system will be changed to avoid the perception of loss. [24172/05]

My Department provides people receiving social welfare payments with a choice of payment options. People who choose payment of pensions by electronic fund transfer — EFT — to personal bank accounts do so on a voluntary basis. The majority of those who opt for the EFT facility do so at the start of their claim and are paid on a regular weekly basis once their claim is put into payment.

At present, customers who opt to change from payable order book to EFT move to a different payment cycle as a result. To address this issue, payments for pension customers paid by EFT were changed from two weeks to one week in arrears in November 2004. The full alignment of EFT payments with that of other payment methods, including the elimination of the week in arrears payment, is something which I am anxious to progress and the necessary arrangements will be made in the near future.

Question No. 403 answered with QuestionNo. 29.

John Cregan

Ceist:

404 Mr. Cregan asked the Minister for Social and Family Affairs the situation with regard to the granting of supplementary benefits by community welfare officers to immigrants and others in need; his views on the stories of persons obtaining grants towards purchasing cars and so on due to racist taunts on public transport; the number of times such grants were given; the number of times grants of over €1,000 were given for the purchase of cars or other transport means; the reason such perceptions still exist if they are not based on fact; and if special grants for immigrants on any social or cultural grounds are given. [24175/05]

The supplementary welfare allowance scheme is administered on my behalf by the community welfare division of the Health Service Executive. The main objective of the scheme is to make up the difference between a person's means and their needs. Where a person has access to resources, through the social welfare system or otherwise, the relevant legislation requires that this be taken into account in determining entitlement to supplementary welfare allowance.

From 10 April 2000, asylum seekers have been provided with full board accommodation, including meals and other services, under the direct provision system operated by the Department of Justice, Equality and Law Reform. In this situation, they receive a weekly allowance of €19.10 per adult and €9.60 per child to provide for personal requisites.

Asylum seekers who applied for asylum before 26 July 1999 but whose cases had not been decided and people who have been given permission to remain in Ireland on the basis of being the parent/s of Irish born children are entitled to seek employment. In addition, any person who has been through the asylum process and has been granted refugee status can also seek employment. If these people are unable to secure work, they will qualify for unemployment or other social assistance from my Department on the same basis as any Irish resident, subject to the normal eligibility conditions. Applications made after May 2004 are subject to the statutory habitual residence condition.

The executive has discretion, within the rules of the supplementary welfare allowance scheme, to make an exceptional needs payment to any person, including an asylum seeker, on a once-off basis if he or she has a special need or expense which he or she is unable to meet from his or her own resources. Such payments typically relate to public transport costs for interviews, equipment for a child, small household items and so forth.

I am aware that there have been stories from time to time that asylum seekers and refugees are in receipt of special payments through the supplementary welfare allowance scheme for high cost items such as cars. These reports are without foundation; in so far as it is possible to identify the individual cases about which the allegations were made, no such payments are, or have ever been, made for that purpose through the scheme or through any other social welfare support system. More generally, no special grants or payments are issued under the scheme to any group of people on social or cultural grounds.

With regard to these stories, it is relevant to note that the majority of non-nationals currently residing in the State are not asylum seekers or refugees. They are mainly EU citizens or people from other parts of the world who have been granted work permits and who are in employment. There are also significant numbers of non-nationals who are studying in this country. Whether studying or working, they are people with their own financial resources to meet their own needs with regard to their living expenses, accommodation, car purchase and so forth without any recourse to the social welfare system.

Unfounded racist stories or taunts of the sort referred to by the Deputy in his question are always unacceptable. They serve only to hinder the development of mutual understanding and acceptance among the increasingly diverse range of people that comprise Irish society today.

Social Welfare Code.

John Cregan

Ceist:

405 Mr. Cregan asked the Minister for Social and Family Affairs the situation with regard to policy and commitment to women over 65 years who have no payment or recognition for their years of work in the home; and if he will report on the system of credit stamps currently given to women taking time off from work to rear families; when this system was introduced; the system which can be introduced for women who provided such service prior to that; the number of spouses in receipt of the dependent adult allowance who receive the contributory old age pension; and the cost to give these spouses the full non-contributory pension. [24176/05]

The homemaker's scheme was introduced in 1994 to protect the pension entitlements of those who take time out of the paid workforce for caring duties. The scheme allows up to 20 years to be disregarded when a person's insurance record is being averaged to assess entitlement for contributory pension purposes. The scheme will not of itself qualify a person for a pension as the standard qualifying conditions relating to the type and number of contributions paid or credited must also be satisfied.

The scheme was looked at in the context of a phase one review of qualifying conditions for old age contributory and retirement pensions. That review suggested a number of developments for the scheme, including backdating to an earlier date and replacing the disregard system with actual pension credits. The conclusions of that report are being examined in more detail but the suggestion with regard to backdating does give rise to significant costs as well as complex issues vis-à-vis other groups excluded from social insurance cover at different times.

The Government is committed to increasing the payment for qualified adults — age 66 years or over — to the same level as the personal rate of the old age non-contributory pension and a number of special increases have been given over several budgets in pursuit of this target. In addition, since October 2002, new pension claimants can opt to have the part of the payment in respect of their spouse or partner paid direct to that person.

At the end of 2004, there were 33,823 people aged 65 and over in receipt of a qualified adult allowance on either an old age contributory or retirement pension. The estimated cost of increasing the qualified adult allowance to the full rate of the non-contributory pension is €70 million.

The old age non-contributory pension is a social assistance scheme designed to provide financial support for all older people, whatever their circumstances, who do not qualify for one of the contributory pension schemes. In common with other social assistance schemes, it features a means test which is intended to ensure that available resources are targeted at those who are most in need. In this regard, budget 2005 provides for the disregard of the first €20,000 of savings or other assessable assets — such as shares or bonds — when means are being assessed. The operation of the means test is kept under review and changes are made as required.

Ministerial Appointments.

Ruairí Quinn

Ceist:

406 Mr. Quinn asked the Minister for Social and Family Affairs if he will provide a list of the vacancies on the boards of statutory or State bodies and other statutory appointments which currently exist and which must be made by him or the Government; the reason, in each case, for the vacancy; and when each vacancy will be filled. [24183/05]

The five statutory agencies operating under the aegis of my Department are the Pensions Board, the Combat Poverty Agency, Comhairle, the Family Support Agency and the Social Welfare Tribunal. In addition, the Pensions Ombudsman comes under the remit of my Department.

There are currently no vacancies on the Pensions Board. There are currently no vacancies on the board of the Combat Poverty Agency. There are three vacancies on the board of Comhairle at present as a result of three members reaching the end of their term of office. However, it is not proposed to fill these vacancies as the Comhairle Amendment Bill 2005 proposes to reduce the numbers on the board from 20 to 15. There are currently no vacancies on the board of the Family Support Agency. There are currently no vacancies on the Social Welfare Tribunal.

Ruairí Quinn

Ceist:

407 Mr. Quinn asked the Minister for Social and Family Affairs if he will provide a list of boards of statutory or State bodies and statutory appointments to which vacancies are expected to fall due between now and 31 December 2005 for appointments to be made by him or the Government; and the mechanisms envisaged by which the appointees will be selected. [24197/05]

The five statutory agencies operating under the aegis of my Department are the Pensions Board, the Combat Poverty Agency, Comhairle, the Family Support Agency and the Social Welfare Tribunal. In addition, the Pensions Ombudsman comes under the remit of my Department.

The Pensions Board was established in December 1990 under the Pensions Act 1990. The role of the board is to monitor and supervise the provisions of the Pensions Acts, as amended, relating to occupational pensions and to advise the Minister on all matters relating to its functions and on matters relating to pensions generally. The current Pensions Board term of office will finish in December 2005. The method of selection to the board is mainly by nomination by representative bodies as laid down in the Pensions Act.

The Combat Poverty Agency was established in September 1986 under the Combat Poverty Agency Act 1986. The main functions of the agency are to advise the Minister for Social and Family Affairs on all aspects of economic and social planning with regard to poverty, to initiate and evaluate measures aimed at overcoming poverty and to promote greater public understanding of the nature, causes and extent of poverty and the measures necessary to overcome poverty. The term of office of the staff representative on the board of the Combat Poverty Agency is due to expire on 4 December 2005. The replacement will be selected by the staff of the agency. No other vacancies are expected between now and 31 December 2005.

Comhairle was established on 12 June 2000 under the provisions of the Comhairle Act 2000. Comhairle is responsible for supporting the provision of independent information, advice and advocacy services for citizens throughout the country, including people with disabilities. Seven vacancies fall due later this year as a result of these members reaching, including the chairman, the end of their term of office.

The Family Support Agency was established on 6 May 2003, under the Family Support Agency Act 2001. The remit of the agency is to provide a family mediation service; support, promote and develop the provision of marriage and relationship counselling and other family supports; support, promote and develop the family and community; undertake research, provide and disseminate information about parenting and family issues and provide advice to the Minister on matters relating to its functions. There are no vacancies expected between now and 31 December 2005.

The Social Welfare Tribunal is a statutory body set up in 1982 to deal with cases where entitlement to unemployment benefit or unemployment assistance is refused due to an involvement in a trade dispute. The tribunal is an independent agency. The members are appointed by the Minister on foot of nominations by the Irish Congress of Trade Unions and the Irish Business Employers Confederation. There are no vacancies expected between now and 31 December 2005.

Emergency Planning.

Olwyn Enright

Ceist:

408 Ms Enright asked the Minister for Transport if there is a serious incident plan available in the vicinity of Shannon Airport in the event of serious accident or attack; the capacity of this plan to cope with highly toxic and dangerous materials; and if he will make a statement on the matter. [23723/05]

The authorities at Shannon Airport are required, under the Irish Aviation Authority's aerodrome licensing procedures, to establish an emergency plan which provides for the co-ordination of the actions to be taken in an emergency occurring at the aerodrome or in its vicinity. The plan must be tested by conducting a full scale emergency exercise at intervals not exceeding two years and I understand that the next full exercise is planned for late 2005. I am also informed by the airport authorities that the emergency plans are linked to the mid-western regional plans of the Garda Síochána, Clare County Council and the Health Services Executive mid-west region in the event of any serious incident, including toxic and dangerous materials.

Public Transport.

Caoimhghín Ó Caoláin

Ceist:

409 Caoimhghín Ó Caoláin asked the Minister for Transport if Dublin Bus will ensure that it has sufficient stock to replace the recently failed private bus route from Howth Junction station to the airport. [23566/05]

AerDart formally requested a temporary suspension of the route licence until such time as the DART upgrade works at Howth Junction DART station are completed. My Department agreed to the temporary suspension of the licence and it is now a matter for the company to notify my Department two weeks prior to the proposed date on which it has indicated it intends to reintroduce the licensed services following the completion of the DART upgrade works. To date, Dublin Bus has not notified the Department of its wish to operate this route.

Parliamentary Questions.

Paul Kehoe

Ceist:

410 Mr. Kehoe asked the Minister for Transport when this Deputy will receive a reply to Parliamentary Question No. 225 of 22 June 2005; and if he will make a statement on the matter. [23651/05]

The information requested by the Deputy is being collated by officials in my Department and will be forwarded to him within the next few days. I regret the delay which arises from the necessity to collect and verify a range of details from 1997 and over a period when the functions of the Department changed.

Alternative Energy Projects.

Paul Kehoe

Ceist:

411 Mr. Kehoe asked the Minister for Transport the steps taken by his Department for research into and development of hydrogen fuel cell technology as applied to motor vehicle transport in this country; and if he will make a statement on the matter. [23653/05]

My Department has not engaged in research and development of hydrogen fuel cell technology.

Driving Tests.

Willie Penrose

Ceist:

412 Mr. Penrose asked the Minister for Transport if he will expedite an application for a driving test by a person, details supplied, in County Westmeath who applied for same six months ago; and if he will make a statement on the matter. [23678/05]

A driving test will be arranged in due course for the person concerned.

Road Network.

Finian McGrath

Ceist:

413 Mr. F. McGrath asked the Minister for Transport if he has satisfied himself with all safety plans for the port tunnel, especially at Fairview, Dublin 3; and the potential for flooding in this area. [23681/05]

Safety issues at the Dublin Port tunnel are matters for the contractor, Dublin City Council, and the National Roads Authority — NRA. I am satisfied that in supervising the design and construction of the port tunnel, the NRA has been fully cognisant of the need to ensure the highest standard of safety provision and has taken account of the most up-to-date standards and codes of practice.

Safety has been a primary consideration in the development and implementation of the scheme. A recent safety audit of the project confirms that the port tunnel complies in all respects with the requirements of the proposed EU directive on safety in road tunnels. The drainage provisions of the tunnel have been developed as part of the design and construction process to cater for the drainage requirements of the project. These provisions include drainage gullies and sumps, pumping equipment plus power and emergency power arrangements. These installations comply with the prevailing standards and address in full any flooding potential within the tunnel.

Public Transport.

Finian McGrath

Ceist:

414 Mr. F. McGrath asked the Minister for Transport if Bus Éireann school buses are tested for safety; if it is correct that its own mechanics will not sign testing forms giving clearance; and if he has satisfied himself that all school buses are safe for pupils. [23682/05]

Every vehicle used for the carriage of passengers for reward, including buses used in the school transport service, is subject to a range of safety measures that includes annual roadworthiness testing. In the case of vehicles with eight or more passenger seats, the roadworthiness tests are carried out by authorised testers appointed by local authorities under regulations made by the Minister for Transport.

The regulations transpose EU Directive 96/96 on periodic roadworthiness testing into Irish law. The regulations specify standards for premises, equipment and skills and training of vehicle testers. The items to be tested and the methods of testing are set out in the heavy goods vehicle testers manual or the manual covering light vehicles, as appropriate to the vehicle undergoing test.

In addition, vehicles with seats for more than eight passengers and that are used for the carriage of passengers for reward, including school buses, are subject to a range of other safety related measures that includes statutory standards covering construction, equipment, use, lighting, weights and dimensions, a maximum speed limit of 80 km/h, mandatory fitment of a speed limiter device, controls on the numbers of passengers that may be carried and statutory vehicle and driver licensing requirements. These measures are intended to support the safe transport of passengers in buses.

The day-to-day operation of the school transport service is a matter for the Department of Education and Science working together with its service providers.

Road Network.

Finian McGrath

Ceist:

415 Mr. F. McGrath asked the Minister for Transport if he will give an update on the completion of the Dublin Port tunnel. [23683/05]

The planning, design and implementation of national road improvement projects, including the Dublin Port Tunnel, is a matter for the National Roads Authority — NRA — and the local authorities concerned. I understand from the NRA that the primary construction work on the port tunnel is expected to be completed in December 2005 and that the tunnel will be open to traffic early in 2006, following commissioning of the tunnel's operations and safety features.

Road Safety.

Thomas P. Broughan

Ceist:

416 Mr. Broughan asked the Minister for Transport if he has plans to introduce tachographs or black box type technology into passenger vehicles operated by public and private bus operators. [23904/05]

Tachograph recording equipment in passenger vehicles is regulated under the Council Regulations (EEC) No. 3820/85 and Council Regulation (EEC) No. 3821/85 and also S.I. No. 392 and 393 of 1986. These regulations are enforced in respect of buses with a seating capacity of more than 17 persons, including the driver. There are, however, a number of exemptions under both EU regulations, including an exemption for buses on routes which do not exceed 50 kilometres.

The basic EU rules provide that: after four and a half hours of driving, a driver must take a break of at least 45 minutes; a daily driving period shall not exceed nine hours but may be extended twice in any one week to a maximum of ten hours; in each period of 24 hours, a driver must have a daily rest period of at least 11 consecutive hours and after six days driving, a driver must observe a weekly rest period of 45 hours.

Tachograph paper based record sheets are used daily by the driver and these record the hours driven, breaks and rest periods. These record sheets are inspected on a regular basis by inspectors from my Department. The enforcement occurs at the premises of operators and at roadside checks. Both operators and drivers have a responsibility to ensure compliance with the regulations and both are prosecuted in the case of non-compliance on drivers' hours.

Passenger vehicles that do not come within the scope of the above regulations are covered by section 114 of the Road Transport Act 1961, No. 24 of 1961, and also article 15 of the Road Traffic (Public Service Vehicles) Regulations 1963, S.I. No. 191 of 1963, applies. These regulations are enforced by the Garda and provide that: a driver shall observe a break of 30 minutes after five and a half hours of driving; it prescribes a driving time of 11 hours and a rest period of ten hours in each period of 24 hours and the regulations of 1963 state that a driver shall observe a weekly rest period of 24 hours after each period of seven days driving.

The phasing out of analogue tachographs will commence later in the year, to be replaced by digital tachographs which will involve the issue of personalised smart cards to all drivers to replace paper based record sheets.

Rail Services.

Denis Naughten

Ceist:

417 Mr. Naughten asked the Minister for Transport if he will report on plans to upgrade the rail service between Sligo and Dublin; and if he will make a statement on the matter. [23908/05]

In the coming months, Iarnród Éireann will take delivery of new diesel railcars, which, following a period of commissioning will be introduced into service on the Sligo to Dublin line. When introduced on the Sligo line, they will replace the 30 year old life expired locomotive hauled carriages. From December 2005, the company will increase the frequency of trains between Sligo and Dublin from the current three per day in each direction to five per day in each direction.

To prepare the way for the introduction of the new rolling stock and the more frequent train service, the infrastructure and stations along the line are being substantially upgraded. All the track on the line has now been relaid with continuous welded rail, the signalling system is currently being renewed with new computer controlled equipment, and each of the stations is being provided with upgraded platforms in line with current safety standards. In total €150 million will have been expended on track, platforms, signalling, stations and trains on the Sligo line by the time the new services commence this coming December.

Public Transport.

Seán Crowe

Ceist:

418 Mr. Crowe asked the Minister for Transport is he has satisfied himself that the best practices in terms of ensuring passenger and driver safety are being followed on public transport buses; if he has had any communications on these issues; and if he will make a statement on the matter. [23910/05]

An extensive range of requirements must be satisfied in order to use a bus in a public place. All buses are required to comply with statutory requirements relating to the construction, equipment and use of vehicles as set out in the Road Traffic (Construction, Equipment and Use of Vehicles) Regulations 1963 to 2002, the Road Traffic (Construction and Use of Vehicles) Regulations 2003 to 2004 and the Road Traffic (Lighting of Vehicles) Regulations 1963 to 1996.

Safety standards applied under these regulations relate, inter alia, to maximum passenger accommodation including the circumstances where standing passengers may be carried, maximum dimensions, overall vehicle weight and axle weight limits and the fitment of speed limiters. Notwithstanding the general speed limits that apply to vehicles, single deck buses are subject to a maximum speed limit of 80 km/h with double deck buses subject to a maximum speed of 65 km/h. Buses over one year old are liable to annual roadworthiness testing in accordance with the European Communities (Vehicle Testing) Regulations 2004.

In order for a private bus operator to operate a passenger road service, the operator must hold a passenger licence issued by my Department in accordance with the Road Transport Act 1932. One of the requirements to be satisfied for such a licence is that each bus to be used on the proposed route is licensed as a large public service vehicle in accordance with the Road Traffic (Public Service Vehicles) Regulations 1963 to 2002.

Tachograph recording equipment in passenger vehicles comes under the Council Regulations (EEC) Nos. 3820/85 and 3821/85 and also Statutory Instruments Nos. 392 and 393 of 1986. These regulations are enforced in respect of buses with a seating capacity of more than 17 persons including the driver. Tachograph record-sheets are used daily by the driver and these record the hours driven, breaks and rest periods.

The basic rules provide that after four and a half hours driving, a driver must take a break of at least 45 minutes. A daily driving period shall not exceed nine hours but may be extended twice in any one week to a maximum of 10 hours. In each period of 24 hours, a driver must have a daily rest period of at least 11 consecutive hours. After six days driving a driver must observe a weekly rest period of 45 hours. The tachograph record-sheets are inspected on a regular basis by inspectors from my Department. The enforcement occurs at the premises of operators and at roadside checks. Both operators and drivers have a responsibility to ensure compliance with the regulations and both are prosecuted in the case of non-compliance on drivers hours.

All other passenger vehicles that do not come within the scope of the above regulations are covered by section 114 of the Road Traffic Act 1961 and also article 15 of the Road Traffic (Public Service Vehicles) Regulations 1963 applies. These regulations are enforced by the Garda and provide that a driver shall observe a break of 30 minutes after five and a half hours driving and a driving time of 11 hours and a rest period of ten hours must be observed in each period of 24 hours. In accordance with regulations of 1963, a driver must observe a weekly rest period of 24 hours after each period of seven days driving.

Bus Éireann and Bus Átha Cliath have confirmed to my Department that they comply fully with all relevant legislation on drivers, vehicles and health and safety. As with all matters of public importance, my Department receives correspondence concerning these issues from time to time. I am, however, satisfied that the aforementioned regulations and controls provide a framework for a safe, convenient and comfortable bus transport system for both passengers and drivers.

Taxi Hardship Panel.

Tony Gregory

Ceist:

419 Mr. Gregory asked the Minister for Transport if he will request the taxi hardship fund to further review the appeal of a person (details supplied); and if he will make a statement on the matter. [23911/05]

Area Development Management Limited is administering and managing the taxi hardship payments scheme which is implementing the recommendations of the taxi hardship panel report. The processing and consideration of applications under the scheme is being undertaken by ADM independently of my Department and the Department has no details of individual applications made to ADM under the scheme. I have no role in the review of applications or appeal decisions under the scheme.

Road Safety.

Róisín Shortall

Ceist:

420 Ms Shortall asked the Minister for Transport further to his reply to the Adjournment Debate of 23 June 2005 regarding the driver testing centre in Finglas, Dublin 11, if his attention has been drawn to the fact that there is a HGV ban on all of the roads surrounding this test centre; that the proposed truck testing will not involve any driving on local roads; if he will reconsider this location in view of the highly residential nature of this area; and if he will make a statement on the matter. [23913/05]

Driving tests for the full range of vehicles are carried out in the Finglas driving test centre, which is located in an industrial estate. While I am aware of the three tonne restriction on HGVs on certain roads near the centre I am informed by Dublin City Council that there is not a currently general ban on HGVs in the area.

Public Transport.

Róisín Shortall

Ceist:

421 Ms Shortall asked the Minister for Transport, further to a recent interview of his (details supplied), the details of his proposals for a Dublin transport authority; the statutory powers which this body would have; the democratic accountability which it would have; when he proposes to introduce legislation to establish such a body; and if he will make a statement on the matter. [23914/05]

I am committed to reforming the public transport market in order to provide opportunities for both public and private companies to deliver increased public services and to ensure the taxpayer and the customer gets a high quality of service and best value for money. To this end, I propose to establish an independent national public transport commission to, inter alia, allocate Exchequer subvention for public transport services, both bus and rail, through public service contracts, license commercial bus services and regulate fares on all rail, LUAS and bus services.

In addition to modernising the regulatory framework, I am currently finalising plans for a major programme of investment in public transport and am considering the structures and arrangements which will need to be put in place to ensure that the best possible return is achieved from this investment. In this context, I am giving consideration to the institutional structure required to ensure the timely, coordinated and integrated delivery of public transport investment in the greater Dublin area.

Work will continue in my Department to identify the best way forward, including the most appropriate arrangements to ensure democratic accountability. However, I envisage that whatever arrangements are put in place will work effectively with the proposed national public transport commission. I should add that operational planning of services will remain with the public transport providers. Officials in my Department are continuing to meet with stakeholders on how to modernise the regulatory structure governing public transport.

Road Traffic Offences.

Róisín Shortall

Ceist:

422 Ms Shortall asked the Minister for Transport further to Parliamentary Questions Nos. 40 and 47 of 22 June 2005, the legislative reforms he intends to introduce to counter the numerous successful challenges to road traffic legislation in the courts; when this will happen; and when random breath testing will be provided for in legislation. [23917/05]

As I indicated in response to the earlier questions, the current road safety strategy recommends that the introduction of random breath testing should be pursued within its operational timeframe of 2004 to 2006. Against that background I am examining the development of a scheme for a more general basis for roadside testing. The evolution of road traffic legislation is affected by numerous factors, including the outcome of relevant court proceedings.

Allowing for the operation of full random breath testing needs to be considered very carefully. Road traffic legislation, including drink driving legislation, is subjected to challenge from time to time and the interpretation of legislative provisions is ultimately a matter for the courts. As a legislator, I have to seek to ensure that road traffic legislation is sound, robust and reasonable. It is for this reason that I do not intend to pursue any policy initiative in the area of random breath testing until I am satisfied that a more generally applied system of roadside testing provides clear potential for improving road safety on a sustained basis for the future.

In the meantime the Garda is now empowered to require that all drivers involved in road collisions or detected committing any traffic offences must submit to road-side breath tests. This is in addition to the power to demand that a driver who in the opinion of a garda has consumed alcohol must submit to such a test.

Road Safety.

Róisín Shortall

Ceist:

423 Ms Shortall asked the Minister for Transport the reasons he has to date refused to meet an organisation (details supplied) to discuss road safety and cycling promotion; the reason he has not replied to three letters from the organisation since 1 February 2005; and if he will make a statement on the matter. [23918/05]

I received correspondence from the Irish Cycling Campaign requesting a meeting to discuss transport policy and its impact on cyclists. A reply to their request was issued on 18 April 2005 stating that officials from my Department are available for an initial meeting with Irish Cycling Campaign. Further correspondence was issued on 23 June 2005 suggesting that the Irish Cycling Campaign contact relevant officials to arrange the meeting. The Irish Cycling Campaign contacted officials in my Department on the issue on 28 June 2005. Arrangements for a meeting to discuss the issues that come within the remit of my Department are currently being made.

Public Transport.

Eamon Gilmore

Ceist:

424 Mr. Gilmore asked the Minister for Transport the total amount spent by the State in public transport over the past five years, broken down by year and by project; the total amount spent on road building by the State for each year in the past five years; and the number and percentage of cars here that are either electric or hybrid electric. [23919/05]

The information sought by the Deputy is set out in the following tables.

Project

2000

2001

2002

2003

2004

Total

€m

€m

€m

€m

€m

€m

Road Improvement

622.2

908.2

1,083.5

1,169.4

1,178.9

4,962.2

Luas

71

127

127

129

130

584

Railway Safety

123.86

148.45

127.16

103.94

86.71

590.12

Rolling Stock

23.56

5.59

62.52

88.28

76.25

256.2

Iarnród Éireann Projects

5.83

21.82

42.87

82.4

79.55

232.47

Dublin Bus Projects

22.53

22.06

28.01

12.69

5.01

90.3

Bus Éireann Projects

6.48

19.9

2.81

9.57

3.33

42.09

Other Public Transport Projects

0

0

0

5.49

9.49

14.98

Accessibility

0

0

2.1

2.48

3

7.58

Integrated Ticketing

0

0

0.35

1.87

3.61

5.83

Rural Transport Initiative

0

0.17

3

3

3

9.17

Transport Interchanges

0

0

0

0.12

0.78

0.9

Research

0

0

0.1

0.2

0.1

0.4

Traffic Management

18.12

23.48

15.04

18.72

27.9

103.26

The position on electric or hybrid electric cars is set out below.

Type of Fuel

2002

2003

2004

Electric

70(0.0038%)

88(0.0045%)

90(0.0044%)

Petrol/Electric

8(0.0004%)

12(0.0006%)

248(0.0122%)

Total Vehicles

1,850,046

1,937,429

2,036,307

Departmental Expenditure.

Enda Kenny

Ceist:

425 Mr. Kenny asked the Minister for Transport the amount of his Department’s budgetary allocation for 2004; the amount of this allocation which was returned to the Department of Finance at year’s end; the vote head from which such returned allocations were derived; and if he will make a statement on the matter. [23980/05]

A provisional total of €1.991 million from the Department's 2004 allocation of €1.981 billion was returned to the Department of Finance at the end of 2004. The amount returned represents 0.1% of the Department's Vote. Details of the subheads are set out in the following table.

€000’s

Subhead A7 — Consultancies

154

Subhead B2 — Road Haulage Development Programme

7

Subhead B3 — Vehicle & Driver Licensing Expenses

17

Subhead B4 — Other Roads & Related Services

666

Subhead C2 — Public Transport Projects

2

Subhead C3 — Expenses Dublin Light Rail

882

Subhead C5 — Public Transport Safety & Development

14

Subhead C7 — Expenses for Railway Procurement Agency

217

Subhead C8 — Dublin Transportation

16

Subhead D1 — Aircraft Accident Insurance

168

Subhead D2 — Regional Airports

16

Subhead D4 — Miscellaneous Aviation Services

2

Subhead E2 — Miscellaneous Services

7

Gross Total

2,168

Less shortfall on Appropriations in Aid

177

Net Total

1,991

Pension Provisions.

John Cregan

Ceist:

426 Mr. Cregan asked the Minister for Transport if the deficiency in the Aer Lingus pension fund for existing pensioners, who received annual increases far below the equivalent of other semi-State employees, will be corrected with a substantial transfer of financial resources into the pension fund from the proposed future partial privatisation; and if he will make a statement on the matter. [23998/05]

I refer the Deputy to my reply to Parliamentary Questions Nos. 467 and 475 of 28 June 2005. I accepted a letter from the retired aviation staff association yesterday afternoon following their demonstration to Dáil Éireann which I will be considering. I also expressed a willingness to have a further meeting with the association.

Vehicle Safety.

John Cregan

Ceist:

427 Mr. Cregan asked the Minister for Transport the checks or requirements regarding the drivers and vehicles of full size private hire buses; the organisation which checks on the roadworthiness of such vehicles; if they are subject to annual NCT tests or the equivalent; if such evidence should be available to clients hiring a bus; and the person who checks on concerns or reports of clients after use. [24000/05]

Every vehicle used for the carriage of passengers for reward is subject to a range of safety measures that includes annual roadworthiness testing. In the case of vehicles with eight or more passenger seats, the roadworthiness tests are carried out by authorised testers appointed by local authorities under regulations made by the Minister for Transport. The regulations transpose EU Directive 96/96 on periodic roadworthiness testing into Irish law. The regulations specify standards for premises, equipment and skills and training of vehicle testers. The items to be tested and the methods of testing are set out in the heavy goods vehicle testers manual or the manual covering light vehicles, as appropriate to the vehicle undergoing test.

Vehicles with seats for more than eight passengers used for the carriage of passengers for reward are subject to a range of other safety-related measures that includes statutory standards covering construction, equipment, use, lighting, weights and dimensions, a maximum speed limit of 80 km/h, mandatory fitment of a speed limiter device, controls on the numbers of passengers that may be carried, vehicle licensing requirements under the Road Transport Act 1932, driver licensing requirements under the Road Transport Act 1932 and the Road Traffic Acts 1961 to 2004, including maximum permissible driving times.

It is not obligatory for a transport operator to provide evidence of a roadworthiness certificate in respect of a vehicle to a person seeking to hire the vehicle. However, there would not appear to be a good reason for the operator to decline to provide such evidence if so requested by the hirer.

Official Languages Act.

Brian O'Shea

Ceist:

428 Mr. O’Shea asked the Minister for Transport the amount his Department has spent to date in 2005 on the implementation of the provisions of the Official Languages Act 2003; his estimate of the amount which his Department will spend on the implementation of the Official Languages Act 2003 for the full year in 2005; and if he will make a statement on the matter. [24014/05]

My Department has spent approximately €10,000 on the implementation of the Official Languages Act 2003 to date in 2005. A provisional estimate for translation services for the remainder of 2005 is €12,000. However, this amount may vary depending on the number and length of documents to be translated. It is difficult to give a precise estimate of the total amount that will be spent on all elements relating to the Official Languages Act for the remainder of 2005 as this is dependant on various factors.

Archaeological Sites.

Ciarán Cuffe

Ceist:

429 Mr. Cuffe asked the Minister for Transport his views on the progress which has been made with the announcement on 16 September 2002 that he would examine the potential for the location of an archaeological heritage park at the Carrickmines castle site in Dún Laoghaire-Rathdown. [24073/05]

Following ongoing consultations in August and September 2002 regarding the Carrickmines site, it has been agreed that the National Roads Authority and Dún Laoghaire-Rathdown County Council would examine the potential for the location of an archaeological heritage park at the Carrickmines castle site.

Archeological work is continuing on the site and examination of the potential for the location of an archaeological park will be considered within the context of the conservation plan which will be completed in due course by Dún Laoghaire-Rathdown County Council and forwarded to the national monuments section of the Department of the Environment, Heritage and Local Government.

Public Transport.

Ciarán Cuffe

Ceist:

430 Mr. Cuffe asked the Minister for Transport the total number of buses in the Dublin Bus fleet in each of the past five years; and if he will make a statement on the matter. [24074/05]

I have been advised by Dublin Bus that the total number of buses in the Dublin Bus fleet in each of the past five years is as follows:

Year

No. of Buses

2000

1,039

2001

1,062

2002

1,062

2003

1,062

2004

1,062

While the number of buses in the fleet has remained static at 1,062 since 2001, the company has replaced mini and single deck buses with higher capacity double deck buses, thus increasing the overall passenger carrying capacity of the fleet.

Ciarán Cuffe

Ceist:

431 Mr. Cuffe asked the Minister for Transport if he will make a statement on the DART upgrading project; and the increase in capacity, frequency and hours of service that will occur, together with costings and a timetable for the completion of works. [24075/05]

Iarnród Éireann has informed me that the DART upgrade project, at €176 million, is the largest investment in Iarnród Éireann's Dublin rail services since the DART services began in 1984, and will deliver a 33% increase in peak capacity on the service by the end of this year, completing a process which will have seen peak capacity on the service doubled since 2000.

This is being achieved through lengthening platforms to accommodate eight car trains, renewing overhead lines, enhancing the power supply to operate eight car trains, developing sidings to accommodate the expanded fleet, and improving accessibility in stations both for mobility-impaired customers and rail customers generally. In addition to the DART upgrade project, €80 million has been spent on 40 new DART carriages to allow eight car trains to operate.

Works have been taking place across the DART system since October 2003. In order to minimise the impact on customers, and ensure that the core Monday to Friday service was unaffected, whilst delivering the urgently needed additional capacity as soon as possible, Iarnród Éireann designed the work programme to ensure that interruptions to services were confined to weekends, which is off-peak for the DART.

Existing weekend works on the southside will be completed by mid-September 2005. The current phase of the DART upgrade works which will deliver the facilities for new services are anticipated to be completed by the end of 2005, with completion of minor works and tidy up during January 2006. While allowing for this substantial increase in capacity on each train, this phase of the project will not, and was not intended to, change the frequency or hours of service of the DART trains.

Ciarán Cuffe

Ceist:

432 Mr. Cuffe asked the Minister for Transport if he has plans to change the regulations in regard to bicycles being allowed on LUAS tracks in central Dublin in order that cyclists can avoid being exposed to unacceptable levels of risk on the Liffey Quays; and if he will make a statement on the matter. [24076/05]

I do not have any plans to amend the present road traffic regulations for cyclists and LUAS tracks.

Decentralisation Programme.

Denis Naughten

Ceist:

433 Mr. Naughten asked the Minister for Transport the timetable for the decentralisation of the NRA and the Railway Safety Commission to Ballinasloe; and if he will make a statement on the matter. [24089/05]

The National Roads Authority and the Railway Safety Commission are not being identified as early movers by the decentralisation implementation group. The two agencies are currently working to update their implementation plans and they are due to be completed shortly. Both agencies have recently completed staff accommodation schedules for the OPW and a site identification visit is being organised.

Driving Tests.

Denis Naughten

Ceist:

434 Mr. Naughten asked the Minister for Transport the waiting time for a driving test at each test centre; the number of applicants awaiting a test at each centre; the current pass rate at each centre; the current number of driving testers, supervisors and vacancies; and if he will make a statement on the matter. [24090/05]

Table 1 sets out the numbers waiting and the average waiting time for a test at each test centre. Table 2 sets out the pass rate at each test centre for 2004. There are currently 116 driver testers, ten supervisors and one chief tester employed by my Department. In addition there are nine driver tester vacancies. Arrangements are being made to recruit additional driver testers.

Table 1.

Centre

Applications on Hand

Average Weeks Waiting

North Leinster

Finglas

10,742

28

Dundalk

3,350

26

Mullingar

1,981

26

Navan

4,618

31

Raheny

7,984

45

South Leinster

Churchtown/Rathgar

11,884

40

Gorey

2,489

44

Naas

5,239

29

Tullamore

2,023

34

Wicklow

2,665

45

Tallaght

9,416

35

West

Athlone

1,206

27

Birr

1,288

25

Castlebar

2,199

30

Clifden

396

21

Ennis

1,293

18

Galway

3,251

27

Loughrea

1,136

15

Roscommon

949

15

Tuam

1,186

21

North West

Ballina

1,146

26

Buncrana

767

34

Carrick-on-Shannon

943

21

Cavan

1,687

26

Donegal

1,205

32

Letterkenny

2,340

37

Longford

954

24

Monaghan

1,317

23

Sligo

1,664

30

South East

Carlow

2,498

37

Clonmel

2,190

32

Dungarvan

1,650

41

Kilkenny

2,200

31

Nenagh

923

48

Portlaoise

1,689

42

Thurles

1,316

38

Tipperary

1,173

29

Waterford

3,029

31

Wexford

2,503

29

Sth.West

Cork

7,334

25

Killarney

2,315

29

Kilrush

502

25

Limerick

4,067

26

Mallow

2,195

28

Newcastle West

1,838

30

Shannon

911

21

Skibbereen

2,143

37

Tralee

1,753

21

Table 2.

Centre

% Pass

Athlone

59.5

Ballina

62.4

Birr

64.7

Buncrana

63.5

Carlow

50.0

Carrick-on-Shannon

55.5

Castlebar

63.0

Cavan

48.3

Churchtown

47.5

Clifden

59.3

Clonmel

51.5

Cork

55.5

Donegal

56.7

Dundalk

53.0

Dungarvan

60.8

Ennis

62.7

Finglas

47.8

Galway

61.8

Gorey

48.6

Kilkenny

55.1

Killarney

59.2

Kilrush

61.4

Letterkenny

56.8

Limerick

61.9

Longford

52.7

Loughrea

61.4

Mallow

56.9

Monaghan

47.7

Mullingar

55.8

Naas

51.9

Centre

% Pass

Navan

56.1

Nenagh

53.3

Newcastle West

60.4

Portlaoise

53.3

Raheny

52.4

Rathgar

41.3

Roscommon

62.0

Shannon

64.4

Skibbereen

61.6

Sligo

63.2

Tallaght

48.3

Thurles

53.6

Tipperary

48.9

Tralee

57.0

Tuam

64.4

Tullamore

49.4

Waterford

55.7

Wexford

53.7

Wicklow

44.7

Overall Total

54.0

Ministerial Appointments.

Ruairí Quinn

Ceist:

435 Mr. Quinn asked the Minister for Transport if he will provide a list of the vacancies on the boards of statutory or State bodies and other statutory appointments which currently exist and which must be made by him or the Government; the reason, in each case, for the vacancy; and when each vacancy will be filled. [24184/05]

The information requested by the Deputy regarding vacancies on State boards is on the following table. All vacancies will be filled as soon as possible.

Board

Current Vacancies

Reason for Vacancies

Aer Lingus

3

Resignations

Shannon Airport Authority

1

This vacancy is being reserved for the Chief Executives of these authorities who, when appointed, will be ex-officio directors of the boards of their respective airport authorities in accordance with sections 22 and 29 of the Air Navigation and Transport (Amendment) Act 1998 as amended by paragraphs 9 and 14 respectively of the Schedule to the State Airports Act 2004.

Cork Airport Authority

1

(See Above)

CIE

1

Resignations

National Roads Authority

2

Resignations

Ruairí Quinn

Ceist:

436 Mr. Quinn asked the Minister for Transport if he will provide a list of boards of statutory or State bodies and statutory appointments to which vacancies are expected to fall due between now and 31 December 2005 for appointments to be made by him or the Government; and the mechanisms envisaged by which the appointees will be selected. [24198/05]

There is one vacancy in this category expected to arise between now and 31 December 2005. The chairperson of the Dublin Transportation Office will retire on 1 July 2005. This vacancy will be filled as soon as possible after that date. Vacancies on State boards are filled having regard to the requirements of the relevant legislation and taking full account of eligibility, transparency and gender balance guidelines as set out in the Cabinet handbook.

Drugs Task Force.

Damien English

Ceist:

437 Mr. English asked the Minister for Community, Rural and Gaeltacht Affairs if he has received an action plan from the north-east regional drugs task force; if he has reviewed any such plan; when funding will be released for the plan to be implemented; and if he will make a statement on the matter. [23618/05]

I will shortly be making an initial allocation to the north-east regional drugs task force, along with five other task forces, to allow them to start implementing their regional plans. This funding will enable them to develop a range of new initiatives to tackle drug misuse in their areas.

Departmental Expenditure.

Enda Kenny

Ceist:

438 Mr. Kenny asked the Minister for Community, Rural and Gaeltacht Affairs the amount of his Department’s budgetary allocation for 2004; the amount of this allocation which was returned to the Department of Finance at year’s end; the vote head from which such returned allocations were derived; and if he will make a statement on the matter. [23981/05]

The gross budgetary allocation of the Department of Community, Rural and Gaeltacht Affairs for 2004 was €309.629 million. The amount returned to the Exchequer at the end of 2004 was €852,000 or 0.28% of the gross allocation. Taking extra appropriations-in-aid receipts into account, the total amount returned to the Exchequer was €3.842 million. The total is made up of the following: extra appropriations-in-aid receipts of €2.99 million — target figure, €19.998 million; amount received €22.988 million, of which €9.787 million was received in December, €4.731 million on 14 December and €5.056 million on 21 December; saving of €736,000 in the administrative budget of the Department with €150,000 of this amount being made available to my Department in 2005 under the efficiency dividend provisions of the Department's administrative budget agreement — savings on administration are not available for spending on programme budgets; and a saving of €116,000 on the programme spend of the Department, representing 0.04% of the gross programme budget of €292.052 million.

The Deputy will agree the above level of expenditure of available resources reflects the effectiveness of the Department in progressing its objectives.

Brian O'Shea

Ceist:

439 Mr. O’Shea asked the Minister for Community, Rural and Gaeltacht Affairs the amount his Department has spent to date in 2005 on the implementation of the provisions of the Official Languages Act 2003; his estimate of the amount which his Department will spend on the implementation of the Official Languages Act 2003 for the full year in 2005; and if he will make a statement on the matter. [24015/05]

I refer the Deputy to my reply to Question No. 373 of 30 Samhain 2004 which sets out the position in so far as my Department's services are concerned. The allocation for Oifig an Choimisinéir Teanga for 2005 is €700,000. In so far as my overall responsibility for ensuring that the provisions of the Act are implemented is concerned, the only additional cost incurred to date in 2005 by my Department related to the printing of additional copies of the statutory guidelines published under section 12 of the Act. The cost amounted to €7,431 and was once off.

While other minor costs of this nature may be incurred by my Department during the remainder of 2005, it is not possible to quantify them at this time.

Denis Naughten

Ceist:

440 Mr. Naughten asked the Minister for Community, Rural and Gaeltacht Affairs the reason an application (details supplied) was refused approval under the dormant accounts fund; if he will have this matter reviewed; when he plans to seek further applications under the fund; and if he will make a statement on the matter. [24097/05]

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 involving the disbursement of up to €60 million from the fund.

An application from the group to which the Deputy referred was received by ADM and evaluated against the criteria set out in the published guidelines. I understand the board decided not to approve the application and that the group was advised of the decision on 15 April 2005. I am advised that the group has requested the board to review its decision. The review is being processed and the outcome should be known shortly.

The Deputy will be aware that the Government decided in December 2003 to bring forward legislative changes to arrangements for dormant accounts funding. Arising from the decision, the Dormant Accounts (Amendment) Bill was published on 24 June 2004 and became law on 25 May 2005. The Act provides for key changes in decision making on disbursements from the fund and a reconstituted board. Arrangements for future allocations from the fund, which will be subject to the provisions of the amended Act, are under consideration.

Appointments to State Boards.

Ruairí Quinn

Ceist:

441 Mr. Quinn asked the Minister for Community, Rural and Gaeltacht Affairs if he will provide a list of the vacancies on the boards of statutory or State bodies and other statutory appointments which currently exist and which must be made by him or the Government; the reason, in each case, for the vacancy; and when each vacancy will be filled. [24185/05]

Of the statutory bodies under the aegis of my Department, there is currently one vacancy on the Údarás na Gaeltachta board. A new board is in situ arising from the recent election. Under legislation, 17 of the 20 member board are democratically elected and three, including the chairman, are nominated by me. To date, I have reappointed two persons to the board, including the chairman, and I anticipate that the remaining appointment will be made at an early date.

For completeness, I should also advise that seven vacancies are likely to arise on the board of Area Development Management over the coming weeks which will be filled on the nominations of Government.

Ruairí Quinn

Ceist:

442 Mr. Quinn asked the Minister for Community, Rural and Gaeltacht Affairs if he will provide a list of boards of statutory or State bodies and statutory appointments to which vacancies are expected to fall due between now and 31 December 2005 for appointments to be made by him or the Government; and the mechanisms envisaged by which the appointees will be selected. [24199/05]

Vacancies will arise in the new Dormant Accounts Board, the board of An Foras Teanga and the board of Area Development Management limited before the end of 2005. The filling of the vacancies will be undertaken in accordance with the relevant provisions of the Dormant Accounts (Amendment) Act 2005, the British Irish Agreement Act 1999 and ADM's memorandum and articles of association, respectively.

Grant Payments.

Olwyn Enright

Ceist:

443 Ms Enright asked the Minister for Agriculture and Food the reason an application to transfer single payment entitlements on foot of the acquisition of land by way of gift or inheritance after the reference period was refused to a person (details supplied) in County Carlow, if she will re-examine this decision; and if she will make a statement on the matter. [23576/05]

The person named submitted an application for consideration in respect of the inheritance measure of the single payment scheme. Following processing of his application, the person named was advised that his application was, in fact, successful and that the entitlements established by his late son would be transferred to him. However, the person named was advised that the entitlements may only be activated but not used by him as he is a participant in the early retirement scheme. The entitlements can only be used by the lessee of the holding if the lease agreement provides for the transfer of the entitlements and an application under the private contract clause option to transfer the entitlements has been submitted to my Department.

Enda Kenny

Ceist:

444 Mr. Kenny asked the Minister for Agriculture and Food if she can confirm that a person (details supplied) was successful in their appeal to the agriculture appeals office in relation to entitlements due under the 2003 bovine premium scheme; if she can also confirm whether the response give by her Department to an earlier parliamentary question dated 14 June 2005 was inaccurate where it was stated that no further payment was due to this person under the 2003 suckler cow scheme, given their successful appeal; if the person is due additional moneys under the 2003 suckler cow scheme; if she will ensure that this person’s full entitlements will be forwarded to them promptly; when this person can expect all balance of payments due to them; and if she will make a statement on the matter. [23645/05]

The appeal of the person named was not upheld originally by the agriculture appeals office. It was upheld, however, following a subsequent review of new information received. The agriculture appeals office sent written notification of this to the Cork office of my Department. An Post states that the notification was delivered but no record has been found to date of it having been received by the Cork office. In framing the answer to the parliamentary question of 14 June on the case, therefore, my Department assumed the appeal of the person named had not succeeded. Now that it is aware the appeal succeeded, it is arranging for payment to be made within the next fortnight of the €211.86 due under the 2003 suckler premium scheme and of any other payments due under other schemes as a consequence.

The agriculture appeals office has agreed to notify the outcome of every appeals decision in future to the relevant office of my Department by e-mail as well as by ordinary mail. In this way, I hope my Department will be able to act swiftly on foot of all successful appeals to pay the farmers concerned any entitlements arising as early as possible. In addition, I have directed my Department to check with the agriculture appeals office in respect of any future parliamentary question relating to appeals cases to ensure replies take into account the final decisions by the appeals office in all cases.

Animal Welfare.

Tony Gregory

Ceist:

445 Mr. Gregory asked the Minister for Agriculture and Food her views on an article in a newspaper (details supplied); if her officials confirmed that sledge-hammers were used and that attempts were made to suffocate pigs; the action that has been taken; and if she will make a statement on the matter. [23646/05]

Mary Upton

Ceist:

447 Dr. Upton asked the Minister for Agriculture and Food the investigations she has requested on a case (details supplied) in County Waterford; and if she will make a statement on the matter. [23654/05]

Mary Upton

Ceist:

450 Dr. Upton asked the Minister for Agriculture and Food if veterinary officers from her Department were informed of the intentions of a person (details supplied) to carry out a mass slaughter of pigs on their farm in July 2002; if so, the response given by her Department; and if she will make a statement on the matter. [23657/05]

Mary Upton

Ceist:

451 Dr. Upton asked the Minister for Agriculture and Food the assistance which was offered by her Department to a person (details supplied) in their efforts to humanely slaughter a large number of pigs; and if she will make a statement on the matter. [23658/05]

Mary Upton

Ceist:

452 Dr. Upton asked the Minister for Agriculture and Food if her Department appointed veterinary officers to oversee the mass slaughter of pigs at the farm of a person (details supplied) in County Waterford. [23659/05]

Mary Upton

Ceist:

453 Dr. Upton asked the Minister for Agriculture and Food the special circumstances that made it acceptable that 4,000 pigs be slaughtered on a farm (details supplied) in County Waterford over a six day period; and if she will make a statement on the matter. [23660/05]

Mary Upton

Ceist:

455 Dr. Upton asked the Minister for Agriculture and Food if appointed veterinary officers of her Department oversaw the mass slaughter of pigs at a farm (details supplied) in County Waterford over a six day period; if so, the reason it was considered appropriate or necessary for this procedure to be adopted; and if she will make a statement on the matter. [23662/05]

Mary Upton

Ceist:

456 Dr. Upton asked the Minister for Agriculture and Food if a person (details supplied) in County Waterford applied to her Department for permission to have animals slaughtered by appropriately trained persons at a suitable abattoir, slaughterhouse or meat plant; and if she will make a statement on the matter. [23663/05]

Mary Upton

Ceist:

457 Dr. Upton asked the Minister for Agriculture and Food if she received a copy of a video showing details of the mass slaughter of pigs on a farm in County Waterford; if so, the date and time she received the video; the date and time she first viewed the video; and if she will make a statement on the matter. [23664/05]

Mary Upton

Ceist:

458 Dr. Upton asked the Minister for Agriculture and Food if officials of her Department received a video showing the mass slaughter of pigs on a County Waterford farm; if so, the date and time did they first viewed the video; and if she will make a statement on the matter. [23665/05]

Mary Upton

Ceist:

459 Dr. Upton asked the Minister for Agriculture and Food the length of time veterinary officers were present at the slaughter of pigs at a farm (details supplied) in County Waterford; if they observed pigs being slaughtered without being restrained; and if she will make a statement on the matter. [23666/05]

Mary Upton

Ceist:

460 Dr. Upton asked the Minister for Agriculture and Food the instructions her Department gave to meat factories or abattoirs in relation to the slaughter of pigs belonging to a person (details supplied) in County Waterford; and if she will make a statement on the matter. [23667/05]

Mary Upton

Ceist:

461 Dr. Upton asked the Minister for Agriculture and Food the reason that her Department refused to lift a restriction order on movement of pigs belonging to a person (details supplied) in County Waterford; and if she will make a statement on the matter. [23668/05]

Mary Upton

Ceist:

462 Dr. Upton asked the Minister for Agriculture and Food if tests were carried out on behalf of her Department on pigs from a farm (details supplied) in County Waterford; if so, the purpose of the tests; the results obtained from the tests; and if she will make a statement on the matter. [23669/05]

Mary Upton

Ceist:

465 Dr. Upton asked the Minister for Agriculture and Food the tests which were carried out on behalf of her Department on a substance reported to be carbadox on the floor of pig pens at a farm (details supplied) in County Waterford; if samples were taken from the pig pens at any stage to confirm the nature of the substance; and if she will make a statement on the matter. [23672/05]

Mary Upton

Ceist:

467 Dr. Upton asked the Minister for Agriculture and Food the reasons given by a person (details supplied) in County Waterford to her Department for choosing not to pursue the option of making arrangements acceptable to her Department with a dedicated plant, for the slaughter of a large number of pigs; and if she will make a statement on the matter. [23674/05]

Mary Upton

Ceist:

468 Dr. Upton asked the Minister for Agriculture and Food the reason veterinary inspectors satisfied themselves that a person (details supplied) in County Waterford who had no training, no qualifications and no experience in animal slaughter, understood fully the procedure involved in the slaughter of over 4,000 pigs on their farm; the further reason the inspectors believed this person displayed the competence and confidence to undertake the task; and if she will make a statement on the matter. [23675/05]

Mary Upton

Ceist:

470 Dr. Upton asked the Minister for Agriculture and Food further to her having viewed a video (details supplied), her views on whether the slaughter of the animals was cruel; and if she will make a statement on the matter. [23677/05]

Seán Haughey

Ceist:

471 Mr. Haughey asked the Minister for Agriculture and Food her views on the horrific slaughter of 4,300 pigs on a farm in Waterford in 2002 which was presided over by officials from her Department; and if she will make a statement on the matter. [23729/05]

Mary Upton

Ceist:

477 Dr. Upton asked the Minister for Agriculture and Food if she will confirm that a test for a banned substance was carried out on an animal (details supplied) in County Waterford; if the results of the test were made available to the owner of the animal ; if the owner received a certificate of condemnation arising from the test results; if, subsequently, animal movement was restricted; and if she will make a statement on the matter. [23735/05]

Dan Boyle

Ceist:

479 Mr. Boyle asked the Minister for Agriculture and Food the role her Department officials played in overseeing the killing of 4,300 pigs in County Waterford, as recently revealed in a video tape report; and the actions she intends to take on foot of damning evidence of animal abuse. [23873/05]

I propose to take Questions Nos. 445, 447, 450, 451, 452, 453, 455, 456, 457, 458, 459, 460, 461, 462, 465, 467, 468, 470, 471, 477 and 479 together.

As Deputies are probably aware, the event referred to occurred during July 2002, which is almost three years ago. As the matter is the subject of litigation, it would be inappropriate of me to comment on many of the issues raised in the questions at this point in time as to do so might prejudice the outcome of the litigation or any further action to be taken by my Department or other authorities. However, I can make some general comments on the case.

I emphasise that the decision of my Department to require the slaughter of the pigs outside the food chain was based on the need to protect human health from the consumption of pigmeat containing a carcinogenic substance. As I indicated in my reply to Question No. 162 on 23 June, the case involved the slaughter on farm by the herdowner of some 4,000 pigs over a five day period following the discovery by Department veterinary inspectors of quantities of carbadox on the farm and an admission by the herdowner that he had spread the substance on the floors of pig pens. The movement of any animals from the herd, except under specific licence from the Department, had also been prohibited by the Department in the period preceding slaughter to protect public health. Notwithstanding this, some pigs were moved to slaughter plants and products from some of these did in fact enter the food chain.

Carbadox is a carcinogen, or cancer-causing substance, which is banned by the EU and deemed to be unsafe at any level. Prosecutions have since been issued against the herdowner, alleging a range of offences relating to the use of this feed additive and other matters including the illegal movement of pigs from the farm. The herdowner has issued proceedings against the Department under two headings. The video, reportedly commissioned by the herdowner, was brought to the attention of my Department by the media and was shown, but not handed over, to a number of Department officials. The video was also shown at a meeting of the farm animal welfare advisory council, FAWAC. My Department requested a copy of the video from the journalist concerned on 17 June but the journalist told an official of my Department that she had been advised by her sources not to provide one. In any event, neither I nor my Department have received it. If it is furnished, it will be reviewed and immediate consideration will be given to what action might be taken in relation to its content.

While there was no question of legally permitting the pigs to be slaughtered for human consumption, the Department wrote to the herdowner's solicitors on 7 May 2002 explicitly stating its willingness to allow him to pursue the option of his making arrangements, acceptable to the Department, with a dedicated plant for their slaughter. However, he did not pursue this option. Instead, he sought permission to slaughter the pigs himself on his farm on welfare grounds. He had discussed this approach with Department veterinary inspectors and they were satisfied that he understood fully what would be involved and that he displayed both the competence and confidence to undertake the task. During the five day period, two veterinary inspectors, including an animal welfare expert, from the Department visited the farm on numerous occasions to assess the ongoing slaughter operation. A non-veterinary official of the Department was present on the farm during the five day period in question whose primary function was ensuring proper disposal of the carcasses to ensure they did not enter the human food chain. At no point during the slaughter process did the herdowner express concerns or disquiet on animal welfare grounds in relation to the slaughter method or seek to suspend operations on grounds of professed animal welfare concerns.

An official of my Department observed the herdowner use a lump-hammer to slaughter a small number — five — of pigs and ordered the practice to cease immediately. The implement was seized and only returned to the farmer when the entire slaughter process was completed. With regard to the attempted suffocation of the pigs, records indeed show that the herdowner was legally instructed to maximise the ventilation capacity of his units to minimise the negative welfare impact associated with increased live-weight capacity of the units. Department veterinary staff did not report any attempt to deliberatively deprive the pigs of air.

The circumstances of the case were highly unusual. On-farm slaughter of animals in any number is an exception rather than the rule and occurs only in extreme circumstances, such as those of the foot and mouth disease outbreak in Cooley, where it is not possible to move the animals to a dedicated slaughter plant or where there are compelling reasons such as fear of disease spreading for not attempting to so do. In this case, the herdowner had himself decided to slaughter his animals on farm and the Department considered at the time that it could not legally have forced him to have the operation conducted in a slaughter plant. The approach which the Department itself generally employs in circumstances in which it proves necessary to have numbers of animals slaughtered — as in the case of cattle where BSE is detected — is to have slaughter carried out in a dedicated slaughter plant.

Grant Payments.

John Perry

Ceist:

446 Mr. Perry asked the Minister for Agriculture and Food when a person (details supplied) will receive the balance of premiums for ten month, 22 month suckler cow and bulls premia; the reason for the delay; the reason penalties were encountered when it was understood that none would apply in regard to derogation for the time to comply on decoupling payment; and if she will make a statement on the matter. [23648/05]

The person named submitted ten applications for special beef premium in 2004 in respect of a total of 343 animals. Following computer validation, six animals on the second application, which was received on 6 February 2004, were identified as being under age and, therefore, ineligible for premium on the date of application. The animals have since been deleted from the application. One animal on the tenth application was identified as slaughtered prior to application dated 31 December 2004 and was not eligible for payment. One animal on the same application was also identified as CMMS non-compliant. However, the entry in the CMMS has since been updated and payment made in respect of this animal.

Payment of interim balancing payments of €9,674.70 in respect of 336 animals issued to the named person on 22 June 2005. As the person named submitted over 25 animals, the special beef overshoot reduction must be applied to the balancing payments under the scheme. The person named applied for 56 animals under the 2004 suckler cow premium scheme and was paid advances of €4,034.70 on 23 November 2004 and €3,496.74 on 7 December 2004. However, a stocking density limit of 1.8 livestock units per hectare of the forage area of the holding applies in respect of the suckler cow premium and special beef premium schemes and animals over and above that limit are not paid premium. As a result payment under the suckler cow scheme to the person named was limited to 52.09 animals and the balancing payment of €4,144.53 due in respect of 52.09 cows issued on 22 June 2005.

Question No. 447 answered with QuestionNo. 445.

Animal Slaughter.

Mary Upton

Ceist:

448 Dr. Upton asked the Minister for Agriculture and Food the legislation which governs the slaughter of pigs here; and if she will make a statement on the matter. [23655/05]

The legislation which governs the slaughter of pigs in Ireland is the Slaughter of Animals Act 1935, the Abattoirs Act 1988 and regulations made thereunder and the European Communities (Protection of Animals at Time of Slaughter) Regulations 1995.

Mary Upton

Ceist:

449 Dr. Upton asked the Minister for Agriculture and Food her views on whether it is acceptable to use a captive bolt stun gun as the sole method for slaughter of pigs; if this method concurs with EU and Irish legislation; and if she will make a statement on the matter. [23656/05]

The captive bolt pistol is approved under Irish legislation as an instrument for stunning. There is clear scientific evidence and practical proof that the captive bolt pistol is capable of not only stunning animals but killing them. The captive bolt pistol, using a standard charge, is suitable for the stunning of 500-600 kg cattle and is also adequate for the slaughter of pigs of 90 kg body weight.

Question Nos. 450 to 453, inclusinve, answered with Question No. 445.

Mary Upton

Ceist:

454 Dr. Upton asked the Minister for Agriculture and Food the level of overseeing which is required by veterinary officers in the case of a mass slaughter operation of farm animals; if it is necessary for a veterinary surgeon to be present at all times; and if she will make a statement on the matter. [23661/05]

The level of overseeing on the part of veterinary inspectors in the case of a mass slaughter operation of farm animals is not defined. It is not considered necessary for a veterinary surgeon to be present at all time during such an operation.

Questions Nos. 455 to 462, inclusive, answered with Question No. 445.

Residue Testing Programme.

Mary Upton

Ceist:

463 Dr. Upton asked the Minister for Agriculture and Food the frequency with which tests for carbadox in food or feed is carried out; and if she will make a statement on the matter. [23670/05]

Mary Upton

Ceist:

464 Dr. Upton asked the Minister for Agriculture and Food the number of samples of pigmeat, and blood samples from pigs which have been tested on behalf of her Department for carbadox in the years 2001, 2002, 2003, 2004 and to date; the number which tested positive for carbadox; the number taken from imported products; and if she will make a statement on the matter. [23671/05]

Question No. 465 answered with QuestionNo. 445.

Mary Upton

Ceist:

466 Dr. Upton asked the Minister for Agriculture and Food the kind of test procedure carried out by her Department when testing for carbadox in animal feed, in food samples and in blood samples from animals suspected of being tainted with the banned substance; the accuracy of the test methods used; if the test method is a standard method and is carried out to correspond in accuracy with a reference method; if the method allows absolute confirmation of the substance; and if she will make a statement on the matter. [23673/05]

I propose to take Questions Nos. 463, 464 and 466 together.

Details of porcine liver samples analysed under the national residue monitoring programme for the banned substance carbadox in the years in question are set out as follows:

Number of Samples tested for Carbadox Irish Product.

Year

No. of Samples Taken

No. of Positive Results

2001

62

1

2002

85

0

2003

103

0

2004

86

0

2005 (To date)

33

0

No samples of imported product were tested for carbadox during the period in question. In this regard the following needs to be borne in mind: Under Single Market rules, a member state is precluded from routinely checking imports either from other member states, or from third countries which have already been cleared into free circulation through another member state: third country exports are allowed into the EU only where the country concerned has satisfied the EU Commission that equivalent guarantees exist, that is, the Commission must be satisfied that the country concerned has in place an equivalent level of consumer protection to that in the EU in terms of legislation and controls. To monitor this, third countries are required to submit annual residue control plans and the results thereof to the Commission: third countries are subject to on-the-spot inspections by inspectors from the Commission's Food and Veterinary office to verify the existence and effectiveness of controls. Where deficiencies are found, the Commission can and does implement sanctions which can result in the approval to export to the EU being rescinded or implements safeguard decisions under which member states are obliged to carry out testing on product imported from the country in question: the effectiveness of routine testing of product from third countries for residues is in many cases of limited effectiveness since the product imported, typically muscle meat, is often not the optimum matrix in which to detect the substance or metabolite in question, bearing in mind also depletion during transport.

Ireland's national residue monitoring programme is drawn up to protect public health and to meet obligations in this regard under EU Directive 96/23. The annual programmes for the years 2001-2004 have been examined and approved by the EU Commission and the programme for 2005 is currently going through the EU approval process.

The test method used is based on gas chromatography/mass spectrometry, GCMS, technology. This is an internationally recognised method for the purpose of testing for carbadox and meets relevant scientific criteria in terms of confirmation, accuracy and repeatability.

Questions Nos. 467 and 468 answered with Question No. 445.

Animal Slaughter.

Mary Upton

Ceist:

469 Dr. Upton asked the Minister for Agriculture and Food if employees of plants under the control of her Department who are engaged to slaughter animals on a commercial scale are required to be given training in the process; if they are furnished with appropriate equipment to carry out the slaughter humanely; and if she will make a statement on the matter. [23676/05]

Under the provisions of the European Communities (Protection of Animals at Time of Slaughter) Regulations, 1995, a person engaged to slaughter animals in a slaughterhouse must have the knowledge and skill necessary to perform the task humanely and efficiently and be licensed by a local authority. The responsibility for ensuring that the person employed for slaughtering has the necessary knowledge and skill lies with the owner-person in charge of the slaughterhouse. Where an officer of my Department is of the opinion that a person employed for slaughtering does not possess the necessary knowledge and skill, the officer may direct the owner-person in charge of the slaughterhouse, to arrange a staff training programme to enable the slaughter person achieve the standards appropriate to that type of employment. In addition, the owner-person in charge of the slaughterhouse must ensure that equipment used for the slaughter of animals is designed, maintained and used in compliance with the animal welfare legislative requirements.

Questions Nos. 470 and 471 answered with Question No. 445.

Decentralisation Programme.

Brendan Howlin

Ceist:

472 Mr. Howlin asked the Minister for Agriculture and Food if her attention has been drawn, despite her reply to Parliamentary Question No. 379 of 19 April 2005, to the fact that plans to move the beef carcase classification unit to Portlaoise are apparently being pursued within her Department; if she will clarify the position regarding decentralisation in regard to this specific unit; and if she will make a statement on the matter. [23730/05]

Under the Government's decentralisation programme my Department's Dublin headquarters will be transferred to Portlaoise, my Department's laboratories in Cork and Limerick will move to Macroom and my Department's local offices in Cork city and Mallow will move to Fermoy.

No other regional or local offices of my Department are included in the decentralisation programme. However, as part of a re-organisation of the livestock, beef and sheepmeat division of my Department, the relocation of the beef carcase classification work to Portlaoise, involving five posts, is currently being considered. Also under consideration is the relocation to Portlaoise of the related livestock breeding schemes, currently based in my Department's Cavan office. These moves are aimed at bringing greater efficiency and co-ordination to the Department work in these areas.

Lough Key Forest Park.

Denis Naughten

Ceist:

473 Mr. Naughten asked the Minister for Agriculture and Food if she will approve the lease of land (details supplied) in County Roscommon; and if she will make a statement on the matter. [23731/05]

I am pleased to inform the Deputy that I have recently given approval to Coillte Teoranta to enter into a joint venture arrangement with Roscommon County Council and Fáilte Ireland in the development of Lough Key Forest Adventure Park at a capital cost of just under €8 million.

This project involves the leasing of 110 acres of land by Coillte for the venture. As Coillte was established as a private commercial company under the Forestry Act 1988, this is an operational matter for Coillte Teoranta to finalise with Roscommon County Council.

Plant Protection Products.

Brian O'Shea

Ceist:

474 Mr. O’Shea asked the Minister for Agriculture and Food her proposals to limit the time for crop spraying near to bee keeping operations to the period from sundown to sunrise (details supplied); and if she will make a statement on the matter. [23732/05]

The regulatory system for plant protection products is designed to ensure a high level of protection for man, animals and the environment. The authorisation process for individual plant protection products involves a detailed assessment of the degree of potential exposure of honeybees that could arise as well as an assessment of possible impacts on honeybees. Plant protection products are not authorised for uses that involve unacceptable risks for honeybees. The permitted uses of products that present some risks for bees are adjusted to minimise the risks arising. For such products, labelling requirements must include safety advice for the farmer in regard to the use restrictions applied in crops where honeybees forage.

Single Farm Payment.

Jimmy Deenihan

Ceist:

475 Mr. Deenihan asked the Minister for Agriculture and Food the position regarding the implications for the single farm payment for those on the early farm retirement pension; and if she will make a statement on the matter. [23733/05]

In general, the single payment scheme is applicable to farmers who actively farmed during all or any of the three reference years 2000, 2001 and 2002, who were paid livestock premia and-or arable aid payments in one or more of those years and who, or whose successors, will farm in 2005 single payment scheme.

My Department has been aware, from an early stage in the negotiations leading to the introduction of the single payment scheme, of the possible implications for retired farmers who had leased their holdings during the reference years 2000 to 2002. In so far as it has proved possible in the context of the EU regulations governing the single payment scheme, and following lengthy discussions with the European Commission, provision has been made under the rules of the single payment scheme to address some of the concerns of retired farmers.

Where an individual had retired before the reference period, that person is not in a position to claim entitlements under the single payment scheme. However, a concession agreed with the European Commission will allow family members who take over a holding that was leased to third parties during the reference period to have access to entitlements from the national reserve. This will benefit the family members of retired farmers who decide to take up farming.

My officials are continuing to discuss with EU Commission officials the position of retired farmers in the context of the new single payment scheme.

Tuberculosis Incidence.

John Perry

Ceist:

476 Mr. Perry asked the Minister for Agriculture and Food her Department’s policy in regard to the eradication of tuberculosis in deer farming; when a national herd test will be put in place to prevent the spreading of tuberculosis to other stock; when financial assistance will be made available to herd owners to compensate them for having to slaughter or replace animals; if her attention has been drawn to the fact that the only information available from her Department is on tuberculosis in deer in New Zealand; the assistance which will be made available to a person (details supplied) in County Sligo in regard to tuberculosis in a deer farm; and if she will make a statement on the matter. [23734/05]

My Department operates an official bovine tuberculosis, TB, eradication programme through which farmers contribute by means of the payment of bovine disease levies on animals slaughtered and milk sold to co-operatives. In common with many other diseases my Department does not operate an official programme for the eradication of tuberculosis in farmed deer and therefore there is no compensation payable in respect of TB infected deer. There are no mandatory programmes at EU level dealing with the eradication of tuberculosis in deer. It is fair to say that most of the scientific publications concerning TB in deer originate in New Zealand, where deer farmers actively fund and participate in their TB eradication programme.

Advice on disease control measures and bio-security is available from the local Department district veterinary office, DVO, and the relevant Department regional veterinary research laboratory. The Department is aware that in some instances deer farmers have organised to pay for TB testing in their own herds through their private veterinary practitioner.

In the early 1990s, the Department offered a TB eradication programme to deer farmers on the basis that the programme would be self financing by the industry along the lines of the TB eradication programme for bovines. This programme would have required the registration of holdings with farmed deer and their individual identification. At that time the industry declined to participate in the programme on the terms offered by this Department. My Department will keep its policy in this area under review but has no immediate plans to introduce an official TB eradication programme for farmed deer.

Question No. 477 answered with QuestionNo. 445.

EU Directives.

Seymour Crawford

Ceist:

478 Mr. Crawford asked the Minister for Agriculture and Food the position regarding the nitrates directive; the number of zones being discussed from a slurry holding and spreading point of view; the number of counties in each zone; if she is satisfied that they are on a scientific basis; and if she will make a statement on the matter. [23736/05]

The implementation of the nitrates directive is a matter in the first instance for the Minister for the Environment, Heritage and Local Government.

Following the submission of an action programme in October 2004 and the EU Commission response that it did not fully meet Ireland's obligations under the nitrates directive, my Department has been working closely with the Department of the Environment, Heritage and Local Government on the preparation of a revised action programme. There has been a series of discussions with the Commission and I understand that the revised programme will be sent to the Commission shortly.

The nitrates action programme will apply from 1 January 2006 on a national basis and will include measures on the timing and procedures for the land application of fertilisers, limits on the land application of fertilisers, requirements on the capacity of storage vessels for livestock manure and general provisions on storage management. It will also provide for the monitoring of the effectiveness of these measures.

Question No. 479 answered with QuestionNo. 445.

Departmental Expenditure.

Enda Kenny

Ceist:

480 Mr. Kenny asked the Minister for Agriculture and Food the amount of her Department’s budgetary allocation for 2004; the amount of this allocation which was returned to the Department of Finance at year’s end; the vote head from which such returned allocations were derived; and if she will make a statement on the matter. [23982/05]

The Department's voted budget provision for 2004 was €1,405 million, gross. At the end of 2004, unspent budget amounted to €146.2 million. Of this, €17.949 million was carried over to 2005 under the multi-annual capital envelope arrangements agreed with the Minister for Finance, and a further €3.3 million was carried over under the administrative budget agreement.

Most of the Department's expenditure relates to demand led schemes, animal disease control measures and technical and financial costs relating to intervention. Expenditure in these areas is difficult to predict because it is demand or market-led, or dependent on the incidence of animal disease.

The savings in 2004 arose under the following subheads:

Administrative Budget (subheads A.1 to A.10)

12.1 m

Research and Training (subhead B)

4.6 m

Animal Health Area (subhead C)

26.4 m

Market Supports — technical and related costs

7.2 m

REPS (subhead F)

52.4 m

Land Mobility (subhead G)

14.6 m

Development of Agriculture (subhead H)

20.5 m

Forestry (subhead I —€14 m)

13.9 m

Other (subhead M)

0.7 m

Total savings

152.2 m*

*This was offset by additional spending on Income supports in disadvantaged areas — subhead E — amounting to €6.2 million.

Brian O'Shea

Ceist:

481 Mr. O’Shea asked the Minister for Agriculture and Food the amount her Department has spent to date in 2005 on the implementation of the provisions of the Official Languages Act 2003; her estimate of the amount which her Department will spend on the implementation of the Official Languages Act 2003 for the full year in 2005; and if she will make a statement on the matter. [24016/05]

In the year to date my Department has spent €27,000 on the implementation of the provisions of the Official Languages Act 2003. It is estimated that in the region of €100,000 will be spent in total on the implementation of the Act for the year 2005.

EU Directives.

Michael D. Higgins

Ceist:

482 Mr. M. Higgins asked the Minister for Agriculture and Food when the operation scheme for the nitrates directive will be announced (details supplied); the details of the agreement with the European Union with relation to this directive; and if she will make a statement on the matter. [24025/05]

The implementation of the nitrates directive is a matter in the first instance for the Minister for the Environment, Heritage and Local Government.

Following the submission of an action programme in October 2004 and the EU Commission response that it did not fully meet Ireland's obligations under the nitrates directive, my Department has been working closely with the Department of the Environment, Heritage and Local Government on the preparation of a revised action programme. There has been a series of discussions with the Commission and I understand that the revised programme will be sent to the Commission shortly.

The nitrates action programme will apply from 1 January 2006 on a national basis and will include measures on the timing and procedures for the land application of fertilisers, limits on the land application of fertilisers, requirements on the capacity of storage vessels for livestock manure and general provisions on storage management. It will also provide for the monitoring of the effectiveness of these measures.

Grant Payments.

Denis Naughten

Ceist:

483 Mr. Naughten asked the Minister for Agriculture and Food her plans to increase the level of installation aid for young farmers; and if she will make a statement on the matter. [24088/05]

The level of grant payable to qualified young farmers under the current installation aid scheme is €9,523.04, which represents a 34% increase on the amount payable under the preceding scheme. I have no plans at present to further increase the value of the grant payable under the scheme.

Appointments to State Boards.

Ruairí Quinn

Ceist:

484 Mr. Quinn asked the Minister for Agriculture and Food if she will provide a list of the vacancies on the boards of statutory or State bodies and other statutory appointments which currently exist and which must be made by her or the Government; the reason, in each case, for the vacancy; and when each vacancy will be filled; and if she will make a statement on the matter. [24186/05]

Ruairí Quinn

Ceist:

485 Mr. Quinn asked the Minister for Agriculture and Food if she will provide a list of boards of statutory or State bodies and statutory appointments to which vacancies are expected to fall due between now and 31 December 2005 for appointments to be made by her or the Government; and the mechanisms envisaged by which the appointees will be selected. [24200/05]

I propose to take Questions Nos. 484 and 485 together.

In appointing persons to the boards under my aegis, I follow the guidelines set out in the Cabinet handbook regarding eligibility, transparency and gender balance. The Department of Finance, in conjunction with other relevant Departments, has been considering whether tax clearance certificates can and should be required of those being considered for appointment to State boards. Based on the outcome of that process, further consideration will be given as to whether any changes to the existing arrangements is appropriate or not.

The position with regard to vacancies on boards of statutory or State bodies under the aegis of my Department is as follows. There are currently no vacancies on the board of An Bord Bia. Four vacancies will arise in the ordinary membership of the board of An Bord Bia between now and 31 December 2005. These vacancies will occur on the expiry of the terms of office of four members, all of whom are eligible for re-appointment.

On Coillte Teoranta, the period of appointment of the current worker representative expired on the 13 May 2005. Therefore a vacancy currently exists on the board. There is a long-standing arrangement concerning worker representation on the Coillte Teoranta board of directors, which rotates between IMPACT and SIPTU, and the Irish Congress of Trade Unions has been asked by this Department to forward the names of two nominees to fill the current vacancy.

There is at present one vacancy on the board of the National Milk Agency. Except for the chairmanship, I do not have discretion in the filling of places on the board of the agency. Producer members are elected by the registered producers, while representatives of the other sectors are nominated by various interest groups.

Departmental Programmes.

Jack Wall

Ceist:

486 Mr. Wall asked the Minister for Justice, Equality and Law Reform his views on correspondence (details supplied); the action he will take to assist the group; and if he will make a statement on the matter. [23778/05]

Jack Wall

Ceist:

541 Mr. Wall asked the Minister for Justice, Equality and Law Reform his views on correspondence (details supplied) on funding for child care facilities; if he will investigate the matter; and if he will make a statement on the matter. [23953/05]

I propose to take Questions Nos. 486 and 541 together.

On 22 June 2005, I approved additional capital grant assistance of €130,000 under the Equal Opportunities Childcare Programme, EOCP, 2000-2006, in respect of an application from the group in question. This brings the total capital amount approved to date to this community-based group to €1,130,000.

The approval of additional capital grant assistance is subject to the group's satisfactory compliance with a number of conditions regarding the development and completion of the project. I understand the group has been advised of my decision, by the child care directorate of my Department.

Area Development Management Limited, which is engaged to administer the EOCP on my behalf, will be in contact directly with the group regarding the conclusion of a contractual agreement which is necessary in order to draw down the grant. The Deputy may be aware the community-based group in question was also awarded a staffing grant of €146,250, over three years in November 2004.

Proposed Legislation.

Ciarán Cuffe

Ceist:

487 Mr. Cuffe asked the Minister for Justice, Equality and Law Reform if he has plans to modernise legislation in the area of bankruptcy in order that persons who have been declared bankrupt are not unduly penalised; and if he will make a statement on the matter. [24061/05]

There are no proposals in the current Government legislative programme with regard to the modernisation of the Bankruptcy Act 1988. However, the situation will be kept under review with a view towards considering any necessary future legislative action.

Child Care Services.

Jerry Cowley

Ceist:

488 Dr. Cowley asked the Minister for Justice, Equality and Law Reform if he will explore the option of providing funding to community playgroups; his views on whether the non-availability of and the high costs of child care facing young parents today is leading to financial hardship for many and with suitable child care buildings already in place a solution is within reach; and if he will make a statement on the matter. [22709/05]

The Deputy will be aware that there have been significant improvements in the provision of supports for the development of child care over the last number of years. Child care was identified as an investment priority under the National Development Plan 2000-2006.

The equal opportunities child care programme has an equal opportunities and social inclusion perspective and facilitates the further development and expansion of child care facilities to address the needs of parents, in reconciling their child care needs with their participation in employment, education and training. It aimed to increase the supply of centre based child care places by 55% — some 31,000 places — by its end and I am happy to report that this target has been surpassed.

Child care services, including playgroups, which address social policy objectives in relation to employment are eligible to apply, in line with the programme criteria, for funding from my Department. Playgroups are generally sessional in nature and under the programme would be expected to open for at least 46 weeks in a year, offering a service five days per week. In addition, sessional playgroups are encouraged to provide two sessions per day to maximise the use of the facility and to provide flexibility of access to child care for parents. It is important to note that all services applying under the programme are encouraged to provide as wide a range of child care as is possible.

The positive impact the programme is having on flexible access to child care is illustrated by a recently published 2004 survey of more than 1,000 grant recipients. The survey was compiled for my Department by ADM Limited, which carries out the day-to-day management of the programme on my behalf. The 2004 survey showed that 36.1% of services funded under the programme operated for 40 hours per week or more. It also indicated that the average operating hours of services was 33.4 hours per week, which was an increase from an average of 31.7 hours in 2003. It is interesting to note in the survey that 38.2% of facilities which received funding under the programme operated full day care services and that 33.4% of facilities provided a sessional service of two sessions per day. The survey also indicates that some services provide more than one category of child care and may provide a mix of full day, sessional and school age child care.

Total funding committed since the programme commenced in 2000 is over €444 million, of which over €389 million has been allocated to child care facilities. This includes €45.6 million which I announced last Wednesday, 22 June 2005. The funding under the programme addresses the development of child care from capital, staffing and quality improvement perspectives. It is worth noting that, in addition to large-scale capital allocations, the programme has committed substantial funding to staffing grant assistance. Support towards the staffing costs of employing child care workers in community-based child care centres in disadvantaged areas ensures that less advantaged parents in those areas have increased access to quality child care and that they are charged fees which are less than the economic cost of providing the service.

It is expected that the total funding allocated to child care facilities will lead to the creation of some 39,900 new child care places. Of these new places, I am delighted to note that 24,600 were already in place by December 2004. They offer parents greater access to affordable child care throughout the country as they balance their work and family needs.

This Government's record in providing enhanced child care supports is without parallel and I am confident that we are moving rapidly to ensure that there are quality services available to parents throughout the country.

Cecilia Keaveney

Ceist:

489 Cecilia Keaveney asked the Minister for Justice, Equality and Law Reform the position on a child care application for a group (details supplied) in County Donegal; and if he will make a statement on the matter. [23517/05]

As the Deputy may be aware the community-based group in question was awarded staffing grant assistance under the Equal Opportunities Child Care Programme, EOCP, 2000-2006, of €36,000 over three years in May 2002 and a further €24,000 over two years in September 2002. This brings the total staffing allocation approved for the group to €60,000, which was considered to be a sufficient contribution for the level of service being provided.

In January 2005, the group was informed by the child care directorate of my Department that staffing grant assistance will be maintained until 31 August 2005, at the current levels, for groups in receipt of staffing grant assistance for three or more years and subject to the groups' maintaining their approved level of service and implementing any conditions associated with the development of the service.

Following a detailed review of the existing staffing grants under the EOCP, I recently extended the terms of the grants to the end of December 2007 to groups which have received staffing grants 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 financial circumstances of the client group and which ensures that child care places subsidised by the EOCP are targeted towards those most in need.

Underage Drinking.

Cecilia Keaveney

Ceist:

490 Cecilia Keaveney asked the Minister for Justice, Equality and Law Reform the initiatives he plans to pursue to address the issue of underage drinking which is so prevalent in small rural and large urban centres; and if he will make a statement on the matter. [23557/05]

A consultation process on my proposals for a Bill to streamline and modernise the liquor licensing laws by repealing the Licensing Acts 1833 to 2004 and replacing them with updated provisions more suited to modern conditions has recently concluded. I will take account of the views of organisations and individuals who responded to my request for submissions in the context of drafting the Bill.

I am conscious of public concerns regarding alcohol-related harm in our society and my proposals contain both safeguards and increased penalties that are intended to combat such harm. These include: requiring all planning authorities to address the regulation and control of the location of licensed premises in their development plans; requiring applicants for retail licences, including off-sales licences, to present proof of planning permission and certification of compliance with planning conditions and fire safety standards to the District Court; extending the jurisdiction of the District Court to all retail licences and giving specified notice to parties, including the health authority and members of the public, the right to object to the grant of a licence; streamlining the system for renewing licences and clarifying the right of members of the public to object to renewal in any particular case on stated grounds; strengthening provisions designed to combat sales to under-age persons by, for example, requiring all off-sales premises to have written policies and control procedures; supplementing existing offences relating to under-age consumption of alcohol with a new offence of being in possession of a forged Garda age card; and increasing the levels of penalties and sanctions, including a proposal that all temporary closure orders should involve closure for a minimum of two days.

My proposals will also allow the Garda to object to applications for new retail licences on the grounds of an undue risk of public nuisance or a threat to public order or safety. In addition, the proposed Bill will contain provisions for dealing with drunkenness and disorderly conduct on licensed premises, as well as combating the sale and supply of alcohol to under-age persons.

Furthermore, I am taking a number of initiatives to strengthen the powers available to the Garda Síochána to combat public order offending and anti-social behaviour which are often related to abuse of alcohol. I have proposed a fixed charge procedure regarding certain public order offences in the Criminal Justice Bill 2004, which is awaiting Second Stage in the Dáil. Section 29 of the Bill amends the Criminal Justice (Public Order) Act 1994 to provide for a fixed penalty procedure in relation to certain public order offences under that Act. The procedure will apply to an offence under section 4 — intoxication in public place — and section 5 — disorderly conduct in a public place. It is intended that the fixed penalty procedure will be an alternative to criminal proceedings being taken in the first instance.

I am concerned that people, particularly the elderly, feel threatened by forms of harassment which of themselves may not be criminal offences but which may cause distress. I intend to include in the Criminal Justice Bill a provision which will empower the Garda to apply to the courts, by way of civil procedure, for an anti-social behaviour order.

The obligation to produce an age document in order to gain admission to the bar of licensed premises is intended to assist licensees to comply with legislative provisions relating to underage consumption of alcohol and to assist the Garda in enforcing the law.

The national age card scheme was initiated in April 1999 under the provisions of section 40 of the Intoxicating Liquor Act 1988. The scheme was introduced to help curb the growth in underage drinking by introducing a specially designed age card. Section 40 of the Intoxicating Liquor Act 1988 provides that the Minister for Justice, Equality and Law Reform may by regulations provide for the issue of an age card to those who have attained 18 years of age and are, therefore, legally entitled to purchase and consume alcohol in licensed premises. The Intoxicating Liquor Act 1988 (Age Card) Regulations 1999 set out detailed provisions in respect of the application and authentication procedure as well as procedures for the preparation and issue of age cards. To date, more than 181,000 cards have been issued by the Garda authorities.

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.

I am informed by the Garda authorities that Operation Encounter, which commenced nationwide in 2002, is designed to address specifically public disorder, underage drinking and other related issues, and targets key offences under the Criminal Justice (Public Order) Act 1997 and the Intoxicating Liquor Acts, particularly offences committed by, or on behalf of, persons under 18 years.

The Garda secondary school programme has been introduced as part of the social, personal and health education programme for second level students. One module in this programme deals with substance abuse and incorporates the various issues relating to alcohol use and abuse.

Liquor Licensing Laws.

Cecilia Keaveney

Ceist:

491 Cecilia Keaveney asked the Minister for Justice, Equality and Law Reform the initiatives he plans in the context of the review of the intoxicating liquor laws; and if he will make a statement on the matter. [23558/05]

I refer the Deputy to my reply to Question No. 387 on Wednesday, 29 June 2005.

Garda Deployment.

Cecilia Keaveney

Ceist:

492 Cecilia Keaveney asked the Minister for Justice, Equality and Law Reform when a garda sergeant will be appointed for a station (details supplied) in County Donegal; and if he will make a statement on the matter. [23588/05]

I have been informed by the Garda authorities, which are responsible for the detailed allocation of resources, including personnel, that the personnel strength of Malin Garda station as at 28 June 2005 was two — all ranks. The sergeant attached to Malin Garda station retired from an Garda Síochána on 2 June 2005.

Local Garda management reports that available resources are deployed to provide the most effective police service for the area. There is a sergeant in Carndonagh, four miles from Malin, and a sergeant in Clonmany, 12 miles from Malin.

It is the responsibility of the divisional officer for Donegal to allocate personnel within the division. I am advised that every effort is made to fill vacancies at sergeant rank arising as a result of retirements or promotions, in conjunction with the allocation of newly promoted sergeants. The situation will be kept under review and when the next group of newly promoted sergeants is being deployed the needs of Donegal division will be fully considered.

On Garda resources generally, I am very pleased that the Government has approved my proposal to increase the strength of the Garda Síochána to 14,000 members on a phased basis, in line with the An Agreed 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. In this context the needs of Donegal division will be fully considered with the overall context of the needs of Garda divisions throughout the country. Clearly, the additional resources will be targeted at the areas of greatest need, as is envisaged in the programme for Government. The programme identifies in particular areas with a significant drugs problem and a large number of public order offences, but it will also be possible to address other priorities, 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 front line, operational, high-visibility policing. They will have a real impact.

Tony Gregory

Ceist:

493 Mr. Gregory asked the Minister for Justice, Equality and Law Reform the number of gardaí involved in policing inside and outside Croke Park during the three U2 concerts last weekend; the costs involved; and the contribution made by the promoter. [23647/05]

I have been informed by the Garda authorities, which are responsible for the detailed allocation of resources, including personnel, that a total of 284 gardaí— all ranks — were employed each day for the three U2 concerts held in Croke Park on 24, 25 and 27 June 2005. Of this total, 194 gardaí— all ranks — were employed on public duty and 90 gardaí— all ranks — were employed on non-public duty on each of the days.

The total policing cost for these concerts is not yet available. However, the concert promoter, MCD, contributed €194,852 towards same in respect of the non-public duty costs.

Dublin-Monaghan Bombings.

Finian McGrath

Ceist:

494 Mr. F. McGrath asked the Minister for Justice, Equality and Law Reform if there are delays in paying medical expenses to a person (details supplied). [23649/05]

I refer the Deputy to Question No. 657 of 14 June 2005. The position remains unchanged. The commission is still awaiting additional information from the applicant in question.

Irish Prison Service.

Ciarán Cuffe

Ceist:

495 Mr. Cuffe asked the Minister for Justice, Equality and Law Reform if he will provide details on the wide range of considerations which would have to be taken into account before contemplating the issue of distributing condoms to prisoners, to which he referred in a previous written answer; and if he will make a statement on the matter. [23693/05]

Ciarán Cuffe

Ceist:

496 Mr. Cuffe asked the Minister for Justice, Equality and Law Reform if he will detail the manner in which the issue of condom distribution in prisons “is being kept under ongoing review” by his office; the persons tasked with monitoring this issue; the manner in which information is gathered to inform the reviews; the number of times annually a report is submitted to him or the director of the Irish Prison Service based upon this review; if such reports are made in written form; the date the last such report was made to him or the director of the Irish Prison Service; the threshold to be met before he will authorise condom distribution in prisons; and if he will make a statement on the matter. [23694/05]

I propose to take Questions Nos. 495 and 496 together.

The Irish Prison Service monitors developments, both nationally and internationally, in a wide variety of areas relevant to the organisation and operation of prisons. This would include the issue of whether the provision of condoms to prisoners by prison authorities is either necessary or appropriate. To date, I have not received any "reports" on this matter as referred to by the Deputy. I am not aware that there is, in fact, any demand by prisoners that they be provided with condoms while in prison.

I have no plans to distribute condoms in prisons. If the issue were to be considered in greater detail, a number of issues would have to be considered, including compatibility with a prisons regime, possible abuses, legal issues and the question of liability.

Garda Stations.

Paul Kehoe

Ceist:

497 Mr. Kehoe asked the Minister for Justice, Equality and Law Reform his plans to sell any Garda stations or property in County Wexford and if so, where; and if he will make a statement on the matter. [23695/05]

The Office of Public Works have the responsibility for acquiring and disposing of property on behalf of the State. That said, I have no plans to sell any Garda station or Garda property in County Wexford.

Parliamentary Questions.

Paul Kehoe

Ceist:

498 Mr. Kehoe asked the Minister for Justice, Equality and Law Reform when this Deputy will receive a reply to Question No. 252 of 22 June 2005; and if he will make a statement on the matter. [23696/05]

I expect that the information sought will be forwarded to him within the next two weeks.

Visa Applications.

Damien English

Ceist:

499 Mr. English asked the Minister for Justice, Equality and Law Reform the reason a person (details supplied) who is living here alone with their three children has been refused a visa despite the fact that their child is in urgent need of family support and help; if he will review the case and consider issuing a visa or permit; and if he will make a statement on the matter. [23697/05]

This application has already been subject to review. Following a further examination of the papers it has been decided to approve the visit visa. The applicant will be formally notified by the Department of Foreign Affairs in the next couple of days.

Damien English

Ceist:

500 Mr. English asked the Minister for Justice, Equality and Law Reform the reason a re-entry visa was refused to a person (details supplied) who has been residing and attending school in Ireland since March 1999, whose sibling is receiving a re-entry visa, and whose parents have been granted green cards from his Department granting them leave to remain in the State; if he will review the case again as a matter of urgency as the person has received summer holidays; and if he will make a statement on the matter. [23698/05]

The application in question was received in my Department on 1 October 2004 and sought a re-entry visa for a child whose parents have been granted leave to remain in the State. The visa officer who assessed the application was not satisfied with the information provided with the application, particularly regarding the immigration history and identity documentation in relation to the child.

The decision to refuse the visa was appealed and by letter dated 11 March 2005 the visa appeals officer sought additional information on the immigration history of the child, for example, details on the child's entrance into the State. As this information was not provided the decision to refuse the re-entry visa was upheld by the visa appeals officer on 23 March 2005.

The applicant may of course submit a new application. However, the additional information which was sought during the examination of the initial application by the visa appeals officer should accompany any new application

Garda Vetting Procedures.

Damien English

Ceist:

501 Mr. English asked the Minister for Justice, Equality and Law Reform further to Questions Nos. 8 and 43 of 23 June 2005, the number of times and the frequency with which the implementation group meets; when the Garda vetting will be expanded to include youth and community workers both paid and non-paid; if he will provide information regarding arrangements in operation for the exchange of information with the United Kingdom; and if he will make a statement on the matter. [23699/05]

Damien English

Ceist:

502 Mr. English asked the Minister for Justice, Equality and Law Reform further to Parliamentary Question Nos. 8 and 43 of 23 June 2005, if there are measures in place to vet leaders, organisers and coaches that are running summer camps and sports camps for children ranging from five to 18 years in age by the Garda central vetting unit; and if he will make a statement on the matter. [23700/05]

I propose to takes Questions Nos. 501 and 502 together.

The implementation group on Garda vetting, which is chaired by the Garda authorities, has met on six occasions to date since its first meeting in November 2004, with an average frequency of approximately one meeting every five weeks.

Regarding the exchange of information, I am informed by the Garda authorities that reciprocal arrangements are in place to facilitate direct contacts between the Garda Síochána and the police services of England, Wales, Scotland and Northern Ireland.

As previously advised, a phased extension of the current vetting arrangements to relevant sectors and groups involving the substantial, unsupervised access to children and vulnerable adults will take place, including to the kinds of client groups identified by the Deputy. It is not possible to provide precise dates for this phased extension but work within the implementation group is progressing apace in this regard.

Visa Applications.

Ned O'Keeffe

Ceist:

503 Mr. N. O’Keeffe asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the problems being experienced by a person (details supplied) married to an Irish person for the past five years who has to apply for a holiday visa to re-enter Ireland every time they leave the country; if his attention has further been drawn to the fact that this person has to travel to Dublin on each occasion; and if he intends to amend the legislation to permit non nationals married to Irish nationals exit and enter this country without such difficulties. [23701/05]

Marriage to an Irish national does not grant any automatic right to enter or reside in the State solely on that basis. A citizen of a visa required country, whether or not that person is married to an Irish national, is obliged to have a valid Irish visa on each occasion they arrive at the frontiers of the State. The person in question is a national of a visa required country.

The person was granted a multiple re-entry visa valid until 10 October 2005 on 1 November 2004. When this entry visa expires, it is open to the person to apply for a further multiple re-entry visa for a period of up to two years. The Deputy should note that it is possible to make applications for such a visa by post. The re-entry visa requirements for holders of valid registration cards will be reviewed by my Department in the context of the forthcoming Immigration and Residence Bill.

Citizenship Applications.

Ned O'Keeffe

Ceist:

504 Mr. N. O’Keeffe asked the Minister for Justice, Equality and Law Reform if he will outline the criteria to me met by a non-national person to apply and be approved for Irish citizenship. [23702/05]

There are four ways in which a person born outside Ireland can obtain Irish citizenship, namely: by means of a grant as a token of honour; by descent; by naturalisation; or by marriage to an Irish citizen, that is, post-nuptial citizenship. It is assumed, for the purposes of this reply, that neither honorary citizenship nor citizenship by descent are relevant in this context. Accordingly, I will set out some general information about naturalisation and post-nuptial citizenship. However, without further details, I am not in a position to advise as to which method is appropriate to the circumstances of the person concerned.

On post-nuptial citizenship, a non-national married to a person who is an Irish citizen, otherwise than by naturalisation, post-nuptial declaration or honorary citizenship, may accept Irish citizenship as his/her post-nuptial citizenship by lodging a declaration not earlier than the three years from the date of the marriage or three years from the date on which the applicant's spouse became an Irish citizen, whichever is the later. The marriage must be subsisting and the couple must be living together as husband and wife at the time of the lodgment of the declaration.

The continued availability of this process is finite. That is because it was repealed in the Irish Nationality and Citizenship Act 2001. However, it remains open to non-nationals who married prior to 30 November 2002 and who fulfil the statutory conditions, namely, three years marriage, etc. This window of opportunity will cease with effect from 29 November 2005. Persons who marry on or after 30 November 2002 or those who married prior to that date but who do not avail of the post-nuptial process prior to 29 November 2005 must apply for naturalisation in accordance with the provisions relating thereto.

With regard to naturalisation, the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. In the case of a non-national applicant who is the spouse of an Irish national, those conditions are that the applicant must be: of full age; of good character; married to the Irish citizen for at least three years; in a marriage recognised under the laws of the State as subsisting; living together as husband and wife with the Irish spouse; have had a period of one year's continuous residency on the island of Ireland immediately before the date of the application and, during the four years immediately preceding that period, have had a total residence in the island of Ireland amounting to two years; intend in good faith to continue to reside in the island of Ireland after naturalisation; and have made, either before a judge of the District Court in open court or in such a manner as the Minister, for special reasons, allows, a declaration, in the prescribed manner, of fidelity to the nation and loyalty to the State.

In other cases the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation providing that certain, more rigorous, statutory conditions are fulfilled. Those conditions are that the applicant must be: of full age or, by way of exception, a minor born in the State; of good character; have had a period of one year's continuous residency in the State immediately before the date of the application and, during the eight years immediately preceding that period, have had a total residence in the State amounting to four years; intend in good faith to continue to reside in the State after naturalisation; and have made, either before a judge of the District Court in open court or in such a manner as the Minister, for special reasons, allows, a declaration, in the prescribed manner, of fidelity to the nation and loyalty to the State.

It should be noted that, in the context of naturalisation, certain periods of residence in the State are excluded. These include periods of residence in respect of which an applicant does not have permission to remain in the State, periods granted for the purposes of study and periods granted for the purposes of seeking recognition as a refugee within the meaning of the Refugee Act 1996.

Further information and the necessary application forms may be obtained from my Department's website, www.justice.ie, or by telephoning the citizenship section helpline on Tuesdays or Thursdays between 10 a.m. to 12:30 p.m. at Lo-call 1890 551 500 or (01) 6167700.

Garda Transport.

Enda Kenny

Ceist:

505 Mr. Kenny asked the Minister for Justice, Equality and Law Reform if he will provide figures for the number of individuals killed or injured as a result of Garda car chases each year from 1997 to date; and if he will make a statement on the matter. [23703/05]

It has not been possible within the timeframe involved to collate the information required by the Deputy. I will contact the Deputy directly when information is to hand.

Visa Applications.

Fergus O'Dowd

Ceist:

506 Mr. O’Dowd asked the Minister for Justice, Equality and Law Reform further to Question No. 610 of 14 June 2005, if documents will be returned to a person (details supplied) in County Louth; and if he will make a statement on the matter. [23705/05]

The position relating to the residency application was advised in my reply of 14 June 2005 and has not changed. I assume the documents referred to are those that were withheld for examination in June 2004. Some of these documents remain in the custody of the Garda Síochána. As the retention of these documents by the Garda Síochána is the subject of court proceedings it would not be appropriate for me to make a statement on this issue.

Cecilia Keaveney

Ceist:

507 Cecilia Keaveney asked the Minister for Justice, Equality and Law Reform the position in respect of an application for a person (details supplied) in County Donegal; and if he will make a statement on the matter. [23706/05]

The person concerned arrived in the State on 14 March 2003 and applied for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.

Subsequently, in accordance with section 3 of the Immigration Act 1999, as amended, he was informed by letter, dated 16 February 2005, that the Minister proposed to make a deportation order in respect of him. He was given the options, to be exercised within 15 working days, of making representations to the Minister setting out the reasons he should be allowed to remain temporarily in the State, leaving the State before an order is made or consenting to the making of a deportation order.

His case file, including all representations submitted, will be considered under section 3(6) of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996 — prohibition of refoulement. I expect the file to be passed to me for decision in due course.

Garda Operations.

Bernard J. Durkan

Ceist:

508 Mr. Durkan asked the Minister for Justice, Equality and Law Reform the results to date of Operation Anvil; and if he will make a statement on the matter. [23707/05]

On 16 May the Commissioner initiated Operation Anvil, a special intelligence-led operation within the Dublin Metropolitan Region with additional resources made available to him. The primary focus of this operation is the targeting of active criminals and their associates involved in serious crime by preventing and disrupting this criminal activity, through extensive additional overt patrolling, and staticcheckpoints, by uniformed mobile and foot patrols, supported by armed plain-clothes patrols.

Operation Anvil is in addition to ongoing Garda operations and is not causing them to be scaled back. While Operation Anvil applies to the Dublin region, similar Garda actions are taking place in the rest of the State under existing arrangements. The operation is operating for an initial four month period after which it will be reviewed.

I understand from the Garda authorities that as a result of the operation, 420 arrests have been made to date and 83 firearms recovered. A number of investigations are ongoing, and investigation files will be submitted for directions to the law officers in due course.

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

CAB Seizures.

Bernard J. Durkan

Ceist:

509 Mr. Durkan asked the Minister for Justice, Equality and Law Reform the reason the value of properties seized by the CAB between 1997 and 2004, with the exception of 2002, were considerably lower than the value of property seized in 1996; and if he will make a statement on the matter. [23708/05]

I understand from the Garda authorities that the value of seizures was higher in 1996 than in subsequent years because the Criminal Assets Bureau was ready to take immediate action in a number of substantial cases as soon as the Proceeds of Crime Act 1996 was commenced.

Inquiries Into Garda Activities.

Ciarán Cuffe

Ceist:

510 Mr. Cuffe asked the Minister for Justice, Equality and Law Reform the date the Assistant Garda Commissioner Carty’s report on allegations that members of the Garda Síochána attached to Donegal division engaged in criminal and unethical behaviour in the execution of their professional duties between 1991 and 1998 was received by the then Minister for Justice, Equality and Law Reform. [23709/05]

Ciarán Cuffe

Ceist:

511 Mr. Cuffe asked the Minister for Justice, Equality and Law Reform the date the appendices to Assistant Garda Commissioner Carty’s report on allegations that members of the Garda Síochána attached to Donegal division engaged in criminal and unethical behaviour in the execution of their professional duties between 1991 and 1998 were received by the then Minister for Justice, Equality and Law Reform. [23710/05]

Ciarán Cuffe

Ceist:

512 Mr. Cuffe asked the Minister for Justice, Equality and Law Reform the date the then Minister for Justice, Equality and Law Reform received the full investigation file of Assistant Garda Commissioner Carty’s investigation into allegations that members of the Garda Síochána attached to Donegal division engaged in criminal and unethical behaviour in the execution of their professional duties between 1991 and 1998. [23711/05]

Ciarán Cuffe

Ceist:

513 Mr. Cuffe asked the Minister for Justice, Equality and Law Reform the date the then Minister for Justice, Equality and Law Reform received Acting Garda Commissioner Noel Conroy’s 37 page synopsis dated 4 August 2000 of Assistant Garda Commissioner Carty’s investigation into allegations that members of the Garda Síochána attached to Donegal division engaged in criminal and unethical behaviour in the execution of their professional duties between 1991 and 1998. [23712/05]

Ciarán Cuffe

Ceist:

514 Mr. Cuffe asked the Minister for Justice, Equality and Law Reform the date Assistant Garda Commissioner Carty’s report on allegations that members of the Garda Síochána attached to Donegal division engaged in criminal and unethical behaviour in the execution of their professional duties between 1991 and 1998 was first received by him in his current position as Minister for Justice, Equality and Law Reform. [23713/05]

Ciarán Cuffe

Ceist:

515 Mr. Cuffe asked the Minister for Justice, Equality and Law Reform the date the appendices of Assistant Garda Commissioner Carty’s report on allegations that members of the Garda Síochána attached to Donegal division engaged in criminal and unethical behaviour in the execution of their professional duties between 1991 and 1998 was first received by him in his current position as Minister for Justice, Equality and Law Reform. [23714/05]

Ciarán Cuffe

Ceist:

516 Mr. Cuffe asked the Minister for Justice, Equality and Law Reform the date Acting Garda Commissioner Noel Conroy’s 4 August 2000, 37 page synopsis of Assistant Garda Commissioner Carty’s investigation into allegations that members of the Garda Síochána attached to Donegal division engaged in criminal and unethical behaviour in the execution of their professional duties between 1991 and 1998 was first received by him in his current position as Minister for Justice, Equality and Law Reform. [23715/05]

Ciarán Cuffe

Ceist:

517 Mr. Cuffe asked the Minister for Justice, Equality and Law Reform the date the full investigation file of Assistant Garda Commissioner Carty’s investigation into allegations that members of the Garda Síochána attached to Donegal division engaged in criminal and unethical behaviour in the execution of their professional duties between 1991 and 1998 was first received by him in his current position as Minister for Justice, Equality and Law Reform. [23716/05]

Ciarán Cuffe

Ceist:

518 Mr. Cuffe asked the Minister for Justice, Equality and Law Reform if he will provide a copy of the then Minister of Justice, Equality and Law Reform’s May 2001 letter requesting advice as to the options available to him in comprehensively reviewing the Donegal situation while civil and criminal proceedings were pending, together with a copy of the schedule of documents attached to that letter. [23717/05]

Ciarán Cuffe

Ceist:

519 Mr. Cuffe asked the Minister for Justice, Equality and Law Reform if and when the then Minister for Justice, Equality and Law Reform requested the Garda Síochána to deliver to the Attorney General the report of Assistant Garda Commissioner Carty’s investigation into allegations that members of the Garda Síochána attached to Donegal division engaged in criminal and unethical behaviour in the execution of their professional duties between 1991 and 1998; and if he will provide copies of any correspondence relating to any such requests. [23718/05]

I propose to take Questions Nos. 510 to 519, inclusive, together.

On 4 August 2000, Deputy Commissioner Conroy submitted to the Department of Justice a 37 page synopsis of the Carty investigation file which had been submitted the previous month to the Director of Public Prosecutions.

At that stage, in addition to the consideration by the Director of Public Prosecutions of criminal prosecutions, there were Donegal-related civil proceedings under way, and Donegal-related complaints with the Garda Síochána complaints board.

On 22 May 2001, the former Minister, Deputy O'Donoghue, wrote to me in my role as Attorney General on the allegations of criminal and unethical behaviour by some gardaí in Donegal. He made clear that he wanted to see the truth of the matter determined. He was of the view that the nature of the Donegal situation was such that it required a comprehensive review that would examine and report on all aspects without interfering with potential civil and criminal proceedings. In this regard, the Minister said that he would be pleased to have the benefit of the Attorney General's preliminary advice as to whether he, the Minister, could proceed with any such examination, be it a sworn inquiry or otherwise, while civil and criminal proceedings were pending.

As Attorney General I replied with advice on 25 June 2001, making the preliminary point that neither I nor anyone in my office had seen the full report of Assistant Commissioner Carty. I set out the different options and the considerations attaching to each. I acknowledged that the establishment of a tribunal of inquiry was at first sight the most appealing course of action to take. However, my view was that the civil proceedings and criminal prosecutions pending should be allowed to run their course. I also recommended that, in the event of these proceedings being compromised or disposed of without the facts being fully ventilated, a tribunal of inquiry should be established to bring out the facts and to make recommendations. I emphasised that I was advising in the matter without the benefit of seeing the full Carty report, and I expressed the view that it was necessary for the Office of the Attorney General to see the report so as to advise and brief counsel in relation to pending civil actions against the State.

On 21 November 2001 those parts of the Carty investigation file that were considered relevant to the civil proceedings arising from the alleged incidents in the Donegal division were received by the Department from the Garda Commissioner. The papers were copied and passed to the Attorney General's office and to the legal team representing the State in the civil actions. The full Carty file was given to the Department by the Garda Commissioner in mid-January 2002.

Also in November 2001, Mr. Shane Murphy, SC, was requested to conduct a review of the papers in the Department and the Garda Síochána with a view to recommending how the matter might best be brought to finality. On 30 January 2002 he submitted his report. Mr. Murphy had access to documentation not seen by the Department or the Attorney General and gave a comprehensive account of the situation. While recognising the need to ensure that civil and criminal proceedings were not compromised, he endorsed the view that "a Tribunal of Inquiry represents the only comprehensive method of inquiry to resolve outstanding issues of fundamental public importance". He included draft terms of reference in his report. These formed the basis of the terms of reference of the Morris tribunal itself when it was established in April 2002.

In February 2002 the Government approved in principle the establishment of a tribunal of inquiry and the drafting of a Bill to amend the Tribunals of Inquiry Acts to facilitate the holding of an inquiry, allowing a tribunal to hold part of its hearings in private if necessary so as to avoid prejudicing a criminal prosecution.

At all times both I as the Attorney General and the then Minister, Deputy O'Donoghue, were anxious that the matter should be fully inquired into and that the truth should emerge. The only issue was the possible prejudice to pending or potential criminal proceedings. That difficulty was eventually overcome by amendment of the legislation.

All the relevant files and papers within my Department, including those requested by the Deputy, have been provided to the tribunal and are now subject to its control and scrutiny.

Visa Applications.

Kathleen Lynch

Ceist:

520 Ms Lynch asked the Minister for Justice, Equality and Law Reform the reason a person (details attached) in County Cork has been refused an application for his spouse to join him while he completes his PhD studies in this country; if his attention has been drawn to the fact that this person has a proven income that is sufficient to provide for both of them while completing the studies; if these visas have previously been issued to persons in similar circumstances to this applicant; and if he will make a statement on the matter. [23720/05]

I believe the visa application to which the Deputy is referring to is number 1713915. The visa was sought to allow the wife of a non-EEA national whose husband is in the State on a study visa to join her husband in the State until completion of his PhD studies in November 2006.

The visa application was refused for reasons of finances and that the applicant may not observe the conditions of the visa if it were granted.

In the case of spouses seeking to join partners in Ireland, the spouse in Ireland must be in a position to support the spouse without the need to have recourse to public funds or paid employment.

The spouse in the State is provided with a monthly stipend to cover the costs of his living expenses.

Unfortunately, it has not been demonstrated that the person is in a position to support his wife without recourse to public funds and the Department is therefore not in a position to grant such a visa. The same criteria applies to all applicants in similar circumstances.

The application was the subject of an appeal, however the visa appeals officer was unable to conclude that the initial decision should be overturned, consequently the decision to decline the visa was upheld.

State Airports.

Olwyn Enright

Ceist:

521 Ms Enright asked the Minister for Justice, Equality and Law Reform the steps taken to ensure that regular checks are carried out on military aircraft landing in Shannon Airport; and if he will make a statement on the matter. [23721/05]

Olwyn Enright

Ceist:

522 Ms Enright asked the Minister for Justice, Equality and Law Reform if he has established the truth or otherwise of reports of a transit of international ammunition through Shannon Airport; and if he will make a statement on the matter. [23722/05]

I propose to take Questions Nos. 521 and 522 together.

In the case of non-national military aircraft and-or chartered civilian aircraft transporting military cargo, the Garda Síochána is notified in advance of the arrival of all such flights and receives the manifest in respect of cargo.

As a matter of routine, physical checks are not conducted on such aircraft landing at Shannon Airport. However, the Deputy can be assured that the Garda Síochána would conduct a full investigation in any case in which a credible complaint of criminal activity is made, to include, where appropriate, an inspection of the aircraft in question.

With particular regard to allegations of the unlawful transportation of munitions, I am informed by the Garda authorities that no reports of this nature have been received by the Garda Síochána and, consequently, no such investigations are being pursued.

Registration of Title.

Michael Ring

Ceist:

523 Mr. Ring asked the Minister for Justice, Equality and Law Reform further to Parliamentary Question No. 244 of 22 June 2005, the outstanding queries for this issue; and the solicitor with whom these queries are outstanding (details supplied). [23725/05]

I am informed by the Registrar of Titles that the solicitors with whom the last query was raised is Patrick J. Durcan and Co., solicitors, James Street, Westport, County Mayo. The detailed nature of these queries is a matter between the lodging party and the Land Registry and not in the public domain. However, I repeat the assurance that once a satisfactory reply is received, the matter will be completed as soon as possible.

Róisín Shortall

Ceist:

524 Ms Shortall asked the Minister for Justice, Equality and Law Reform if he will provide a full explanation regarding the reason land owned by a person (details supplied) in County Donegal cannot be registered in the person’s name by the Land Registry Office. [23760/05]

I am informed by the Registrar of Titles that there is no record of an application pending with the details supplied by the Deputy at present. If the Deputy can provide me with the date of lodgment of the application and a Land Registry reference number I will make further inquiries on her behalf.

Closed Circuit Television Systems.

Róisín Shortall

Ceist:

525 Ms Shortall asked the Minister for Justice, Equality and Law Reform if he will report on the progress to date on the provision of closed circuit television in Finglas, Dublin 11; the reason for the delay; when he expects the system to be operational; and if he will make a statement on the matter. [23915/05]

I am informed by the Garda authorities that a key issue to be addressed in the installation of the Finglas Town Centre CCTV system is the provision of suitable accommodation to house the monitoring equipment.

It was initially hoped it could be accommodated in Finglas Garda station. However, this station is not of an acceptable standard and I have already stated that immediate priority is being given to providing a new Garda station there. A suitable site has been identified by the Office of Public Works on the Mellowes Road and I understand that the Office is in negotiation to agree the terms for the purchase. I am also advised that the brief of requirements for the planned new station in Finglas has been agreed and that provision will be made to include the requirement for CCTV monitoring in the new building.

In the interim, the Office of Public Works is negotiating the lease of a premises to temporarily accommodate the CCTV cameras in the Finglas area until such time as the proposed new station has been completed.

Child Care Services.

Seán Haughey

Ceist:

526 Mr. Haughey asked the Minister for Justice, Equality and Law Reform the measures he is taking to ensure adequate access to affordable child care; if new policy initiatives are being considered in this regard; and if he will make a statement on the matter. [23938/05]

The Government is firmly committed to supporting parents with their child care needs through increased capacity, choice and service quality. These aims are the hallmark of the Government's child care strategy. To this end, considerable progress has already been achieved in terms of increasing the supply of quality centre-based child care places and in enhancing the awareness of quality issues across the entire child care sector but with special emphasis on child minders, who are key providers of non-centre-based child care in Ireland.

The Deputy is aware that there have been significant improvements in the provision of supports for the development of child care in recent years. Child care was identified as an investment priority under the National Development Plan 2000 — 2006. This was a direct response to the recommendations of the expert working group on child care established under Partnership 2000 to develop a strategy for the development and delivery of child care to support parents in employment, education and training.

The current equal opportunities child care programme, a seven year programme, has an equal opportunities and social inclusion perspective and facilitates the further development and expansion of child care facilities to address the needs of parents in reconciling their child care requirements with their participation in employment, education and training. It aims to increase the supply of centre-based child care places by 55% or some 31,000 places, by the end of the programme and I am happy to report that this target has been surpassed.

Since it was launched in 2000, the funding for the programme for the 2000 to 2006 period has increased from €317 million to €499.3 million, or by 57%, the most recent increase being €50 million in the budget of 2005. The multi-annual capital envelopes announced that day also included the injection of a further €40 million in additional capital funding into child care between the end of the programme and 2009.

Total funding committed since the programme commenced in 2000 is over €444 million, of which over €389 million has been allocated to child care facilities. This includes €45.6 million, which I announced last Wednesday, 22 June 2005. It is expected that the total funding allocated to child care facilities will lead to the creation of some 39,900 new child care places. Of these, I am delighted to note that 24,600 new places were already in place by December 2004. These new places offer parents greater access to affordable child care throughout the country as they balance their work and family needs.

The Deputy should note that more than €150 million of the total funding committed has been allocated to staffing grant assistance. This provides support towards the staffing costs of employing child care workers in community-based child care centres in disadvantaged areas, ensuring that less advantaged parents in those areas have increased access to quality child care and that they are charged fees which are less than the economic cost of providing the service.

New policy initiatives to promote the supply of quality child care are under the remit of my Department and are under consideration on an ongoing basis. The Deputy may be aware that, on 22 June 2005, I launched a new policy initiative on the development of school age child care in Ireland. The report, entitled "Developing School Age Child care in Ireland", makes a number of recommendations for the development of school age child care to support the needs of parents, including the use of school premises, where appropriate, as locations to develop a quality school age child care service. It also lays down guidelines for the delivery of a quality school age child care service. It is hoped that the publication of the report and its guidelines will spark local interest in the opportunities that exist to build such facilities. I also announced that I was making further funding available to the city and county child care committees to enable them to publicise the report locally and to identify school management authorities who might be interested in developing a service to complement and link with their school. New policy initiatives, such as this one, will help to ensure that parents have increased access to quality child care.

The programme also has a focus on many of the quality issues which were identified in the child care strategy and aims to ensure that there is a co-ordinated approach to the delivery of child care services throughout the country. I have also allocated more than €55 million to quality improvement measures, including funding to the city and county child care committees, funding to the national voluntary child care organisations, the national childminding initiative and the new partnerships for quality child care initiative.

This Government's record in providing enhanced child care supports is without parallel and I am confident that we are moving rapidly to ensure that there are quality services available to parents throughout the country.

Citizenship Applications.

Bernard J. Durkan

Ceist:

527 Mr. Durkan asked the Minister for Justice, Equality and Law Reform the position in the matter of residency in the case of a person (details supplied) in Dublin 1; and if he will make a statement on the matter. [23939/05]

In my response to Parliamentary Question No. 424 of 19 April last, I informed the Deputy that I had decided to refuse the application for a certificate of naturalisation by the person concerned. I also informed the Deputy of the basis for my decision; that the person, who had been granted refugee status, had not resided in the State for three years at the time he applied.

Furthermore, I informed the Deputy that had the person been continuously resident in the State between April 2001 and April 2005, that would constitute sufficient residency for the purpose of a new application. To date, there is no record in the citizenship section of my Department of a new application having been submitted.

Visa Applications.

Damien English

Ceist:

528 Mr. English asked the Minister for Justice, Equality and Law Reform the position regarding a visa application (details supplied); and if he will make a statement on the matter. [23940/05]

The visa application in question was received in my Department on 2 June 2005. As processing times for visa applications are, on average, between four and six weeks, the applicant can expect a decision in this case within this timeframe.

Registration of Title.

John Cregan

Ceist:

529 Mr. Cregan asked the Minister for Justice, Equality and Law Reform the position regarding a householder who has lost house deeds; the agency under his Department which will provide a new set; and the way in which a person should process his or her requirements. [23941/05]

I am informed by the Registrar of Titles that there would appear to be a number of possible scenarios in the situation described by the Deputy and whether the property in question is registered or unregistered will be of particular relevance. In providing the following information, it is important to note that neither my Department nor the Land Registry has an advisory role in these matters and the person in question may wish to consult a solicitor in order to determine how to proceed.

If the property in question is unregistered, the safe storage of any documents relating to ownership is entirely a private matter and if lost, destroyed or mislaid there is no organisation which will replace them. While it may be that some party — possibly a solicitor, bank or building society — has retained a copy of the deeds for some reason, neither the Land Registry nor the Registry of Deeds has any role in this. I am informed that in such circumstances it is often the practice to lodge an application for first registration with the Land Registry in order to establish title. The practice where one or all original deeds relating to unregistered property are lost or mislaid is, I am advised, comprehensively set out in Fitzgerald's land registry practice and is also covered in the Land Registry's practice direction No. 31, chapter 1 which is available on the Land Registry website at www.landregistry.ie under the section on practice directions.

I am further informed that if the title to the property is registered, on completion of the registration all original documents are permanently retained by the Land Registry and a folio is opened which is effectively the title to the property. Thereafter no deeds to that title exist. A registered owner is entitled to apply for a certificate of his title, known as a land certificate, which is sometimes referred to as the title deed for registered property. Anyone is entitled to apply for a certified copy folio. However, only one land certificate can be issued. Where a land certificate is lost, an application for a duplicate can be made in accordance with the land registration rules of 1972 and the practice is also set out in Fitzgerald's land registry practice and is also covered in the Land Registry's practice direction No. 16, which is also available on the Land Registry website at www.landregistry.ie under the section on practice directions.

Immigration Issues.

John Cregan

Ceist:

530 Mr. Cregan asked the Minister for Justice, Equality and Law Reform the situation regarding Irish citizens who legally marry abroad and apply to bring their spouse here but encounter long delays with his Department; the length of time approval should take; the number of such applications made or approved in the past 12 months; if extra staff is required in the section; the number of cases refused in the past five years; the number which continue to be refused after appeal; the way in which such refusals are justified; and the way in which his Department seems justified in saving people from themselves. [23942/05]

Marriage to an Irish national does not grant any automatic right to enter or reside in the State solely on that basis. Non-EU national spouses of Irish citizens who marry abroad and who are visa-required nationals must apply for a visa to enter the State.

Applications for permission to remain in the State on the sole basis of marriage to an Irish national are not divided into those who marry outside the State and those married in Ireland. In 2004 the total number granted permission to remain in the State on this basis was 255. To 31 May this year, 83 have been granted residency on this basis. Figures available show that from 1 January 2001 to 31 May 2005 a total of 144 have been refused permission to remain in the State based on marriage to an Irish national.

The immigration division of my Department has growing experience of marriages being entered into for the sole purpose of enabling the non-national in question gain entry to, or remain in, the State. Frequently in these circumstances the Irish national may be totally unaware that this is the intention of the non-national and will feel aggrieved by the perception that the immigration authorities are interfering with his or her private life in refusing to allow a spouse to enter or remain in the State. On occasion, the Irish national may be a willing party for his or her own personal benefit. So-called convenience marriages, for the purpose of circumventing normal immigration controls, are experienced by immigration jurisdictions worldwide and, in this regard, holiday and Internet romances would feature frequently.

In order to prevent abuses of the immigration system, in so far as is possible and without unduly interfering with the Irish citizen's private circumstances, the immigration division will seek to establish various facts. These include the context in which the marriage took place, the validity of the marriage and whether the couple are residing in a family unit. It is a requirement of my Department that the non-EU national spouse of an Irish national is residing in the same household, in a family unit with the Irish national in order to acquire residency solely on this basis. This may involve requesting supporting documentation as evidence of the relationship or an interview by the immigration authorities of either or both parties.

Applications of the type referred to by the Deputy are dealt with in chronological order, in the interests of fairness to all other applicants and currently take approximately sixteen months to process. The resources allocated to process such applications are dependent on the prioritised work requirements of the immigration division of my Department at any one time, which is operating against a background of significant increases in demands for its services over a wide range of areas, including the type of applications referred to here.

My Department's primary concern in this matter is to maintain the integrity of the immigration system.

Prison Programmes.

John Cregan

Ceist:

531 Mr. Cregan asked the Minister for Justice, Equality and Law Reform the position regarding the €58 million provided in the national development plan for the connect project in the probation and prison area; the details of funding spent to date; the progress made; if the programme is on schedule; if it is being favourably viewed; and if he will make a statement on the matter. [23943/05]

The connect project was launched in 2000 as a part of the prison service training and development programme, amounting to €58 million under the national development plan. The funding involved is provided annually by the Exchequer as part of the prisons Vote. There is no separate budget for this programme. Expenditure since 2000 has been on funding salary and incidental costs incurred in providing vocational training in the prisons, as well as meeting the cost of some capital works and materials used in the manufacture of products in prison workshops for the Special Olympics in 2003.

The connect projects at Mountjoy Prison, the Dóchas Centre and the training unit were established with the support of the national training and development institute, NTDI, and are now capable of independent operation. A process of internal review during 2002 prompted a refocusing of the project, prior to its roll-out to further institutions. In particular, the review identified the need for new management structures in order to better support the project's sentence management processes in the delivering institutions. Following this internal review, roll-out of the project commenced at Limerick Prison but was subsequently put on hold against the background of the current industrial relations and attendant financial difficulties.

The connect project has now resumed roll-out at Limerick Prison with renewed NTDI support and the projects at Mountjoy Prison, the Dóchas Centre and the training unit, which have been affected by the current industrial relations and financial restrictions, will resume full operation when there is a successful outcome to the industrial relations process.

Citizenship Applications.

Bernard J. Durkan

Ceist:

532 Mr. Durkan asked the Minister for Justice, Equality and Law Reform if, as indicated in replies to numerous parliamentary questions, he generally refuses citizenship status to persons who have been in receipt of a social welfare payment in the past three years; if there are exceptions; and if he will make a statement on the matter. [23944/05]

As I have informed this House on several occasions in the recent past in response to parliamentary questions, some of which were tabled by the Deputy, I have adopted a general policy that applicants for naturalisation, other than refugees, programme refugees or stateless persons, should have been supporting themselves and their families without recourse to State support for a three year period prior to applying for naturalisation and, furthermore, they must show, as far as is practicable, that they have the capacity to support themselves into the future. I apply this general policy to all applications for naturalisation unless the exceptional circumstances of a particular case suggest otherwise.

I have no plans to change this general policy at the present time.

Northern Ireland Issues.

Seán Ryan

Ceist:

533 Mr. S. Ryan asked the Minister for Justice, Equality and Law Reform if he will report on the application to the commission for justice in respect of a person (details supplied) in County Dublin; the current position regarding this application; and when the matter will be finalised. [23945/05]

I understand from inquiries I have made with the Remembrance Commission, that an application under the scheme of acknowledgement, remembrance and assistance for victims in this jurisdiction of the conflict in Northern Ireland has been received from the person in question. I have also been informed that the applicant's husband was fatally injured in an incident in Northern Ireland which resulted in the applicant suffering in a cruel manner. I have been informed that the application is being considered by the commission.

Closed Circuit Television Systems.

Seán Ryan

Ceist:

534 Mr. S. Ryan asked the Minister for Justice, Equality and Law Reform if he will report on the application for a much needed Garda closed circuit television system in Swords, County Dublin; when approval will be given; and when the system will be installed. [23946/05]

Seán Ryan

Ceist:

535 Mr. S. Ryan asked the Minister for Justice, Equality and Law Reform if he will report on the application for a much needed Garda closed circuit television system in Malahide, County Dublin; when approval will be given; and when the system will be installed. [23947/05]

I propose to answer Questions Nos. 534 and 535 together.

I am informed by the Garda authorities that applications for Garda CCTV systems inMalahide and Swords have been received by the CCTV advisory committee. This committee was established by the Garda Commissioner to advise on all matters relating to CCTV systems. These applications are currently under consideration by the advisory committee along with applications from other towns throughout the country. However, it should be noted that there are currently approved plans for 17 Garda CCTV systems nationwide, six of which have been or are being installed. These will have to be completed prior to the initiation of future Garda CCTV projects.

I am anxious to accelerate the implementation of the CCTV programme and reduce, as far as possible, the workload of the Garda Síochána in this regard. The opportunity should be taken to outsource the installation of Garda CCTV systems to the greatest extent possible, making use not only of the technical but also of the project management expertise in the private sector. To that end, the Commissioner has been asked to submit proposals for the installation of CCTV in the outstanding 11 locations in the current phase, with a view to achieving implementation in priority locations by the end of 2006. It is, understandably, not possible for the Garda Síochána to install CCTV systems in all areas that have sought them. With this in mind, I launched the community-based CCTV scheme earlier this month in response to the demonstrated demand from local communities across Ireland, such as Swords and Malahide, for the provision of CCTV systems. The purpose of the scheme is to support local communities who wish to install and maintain CCTV security systems in their area, with the aim of increasing public safety and reducing the risk of anti-social and criminal activity.

The scheme is designed to provide financial assistance to qualifying local organisations, towards meeting the capital costs associated with the establishment of local community CCTV systems. Under this scheme, individual communities will be able to avail of grant aid funding of up to €100,000 from my Department to install a CCTV system in their area.

I am also pleased to say that further to discussions between our respective Departments, my colleague, the Minister Deputy Ó Cuív of the Department of Community, Rural and Gaeltacht Affairs has given a commitment to provide successful applicants from RAPID areas with a further grant to a maximum of €100,000 subject to the total grant aid from both Departments not exceeding €200,000 or 100% of the capital costs of the project, whichever is the lesser.

These CCTV systems will have to be installed to a high-end technical specification and operated in compliance with a strict code of practice. Access to these CCTV systems will also have to be given to the Garda Síochána as required.

The scheme is being managed, on behalf my Department, by Area Development Management Limited, ADM. Communities who are not ready to apply for full scheme funding may apply for pre-development supports to assist in the formulation of high-quality proposals which will have the necessary elements of local support and sustainability.

Full details of the scheme, together with the relevant application forms and guidelines, are available on my Department's website at www.justice.ie or the ADM website atwww.adm.ie. They are also available directly from ADM, Holbrook House, Holles St., Dublin 2.

Immigration Issues.

Brendan Howlin

Ceist:

536 Mr. Howlin asked the Minister for Justice, Equality and Law Reform if, in relation to a person (details supplied), his attention has been drawn to the fact that while this person’s passport has been returned, his Department is still holding other documentation despite requests for their return; if these documents will be returned to the person without further delay; and if he will make a statement on the matter. [23948/05]

Under the revised arrangements announced by me on 15 January 2005 for the processing of applications from the non-national parents of Irish born children for permission to remain in the State, the person concerned was granted permission to remain on 6 May 2005.

One of the conditions of the scheme is that an original birth certificate of the Irish born child is supplied with each application. These birth certificates are not returned to the applicants. The original birth certificate is held on file as a key document in establishing entitlement to permission to remain under the revised arrangements.

All of the original documents referred to, other than the Irish born child's birth certificate, have been returned to the person concerned.

Brendan Howlin

Ceist:

537 Mr. Howlin asked the Minister for Justice, Equality and Law Reform if he will review the application by a person (details supplied) to remain here; and if he will make a statement on the matter. [23949/05]

The person in question originally arrived in Ireland in February 2000 and sought asylum. He withdrew his asylum claim and sought to invoke European Union law on free movement to obtain residency in the State, following his marriage in December 2000 to an EU national. The applicant was requested to provide, inter alia, evidence of the EU national’s employment in Ireland. As his EU spouse was dependent on public funds and was not working in the State the application was refused.

In July 2004 a further application for residency based on his marriage to an EU national was refused as his spouse's circumstances had not changed. The applicant and his solicitor were informed that as they had not provided any evidence that the EU national was working in the State, the non-EU spouse was not entitled to residency under the relevant EU provisions.

My Department has no record of any subsequent application for residency on the basis of EU free movement rights.

Garda Security Escorts.

Richard Bruton

Ceist:

538 Mr. Bruton asked the Minister for Justice, Equality and Law Reform the cost involved in implementing the voluntary code of practice for secure transit and handling of cash agreed with the Irish Bankers Federation; the breakdown on the spread of costs indicating the proportion of the costs borne by the State and by other participants; the initial implementation date; and if he will make a statement on the matter. [23950/05]

I welcome the signing of the code of practice to create a safe, secure and efficient cash handling environment in Ireland. The code provides an integrated end to end solution for cash handling that will encourage the highest standards of operation while having due regard to the circumstances of individual cash movements.

Speaking at the signing ceremony, I indicated that the full costs of this new code are not known yet. However, there will be costs for all stakeholders. For security reasons, it would be inappropriate to provide too much detail on how this money will be spent but it should be pointed out that a considerable upgrading of systems will be required by the major cash in transit security companies and by the financial institutions to comply with the code.

The Garda Commissioner is committed to providing resources for the setting up of a Garda technical advisory group which will provide the security competence and technical capacity to consistently and proactively assist stakeholders in identifying and designing solutions as required by the code. There will be no further resource implications for the State in implementing the code.

Implementation of the code of practice starts immediately and stakeholders have agreed to be fully compliant with all aspects of the code within 18 months.

Child Care Services.

Dan Neville

Ceist:

539 Mr. Neville asked the Minister for Justice, Equality and Law Reform if grant assistance will be provided to construct a community-based child care facility at Broadford, County Limerick. [23951/05]

I understand an application for capital grant assistance under the equal opportunities child care programme, EOCP of 2000 — 2006, was submitted by this group to my Department in August 2004. This application was forwarded to Area Development Management Limited, ADM, which is engaged by my Department to carry out detailed assessments of all EOCP grant applications on my behalf. Each application for funding undergoes a thorough assessment by ADM to ensure that it meets the EOCP funding criteria.

I understand from inquiries I have made that this capital application is in the final stages of the assessment process, following which I will make a decision regarding funding. The group will be informed of the outcome in due course.

Garda Stations.

Emmet Stagg

Ceist:

540 Mr. Stagg asked the Minister for Justice, Equality and Law Reform further to Parliamentary Question No. 132 of 16 June 2005, if he intends to keep open the existing 109 Garda district headquarters; if some will be closed to enable the placing of more gardaí on outside duties; which Garda district headquarters he has decided to close; and if he will make a statement on the matter. [23952/05]

There are no plans at present to close any Garda district headquarters currently in operation.

Question No. 541 answered with QuestionNo. 486.

Garda Strength.

Emmet Stagg

Ceist:

542 Mr. Stagg asked the Minister for Justice, Equality and Law Reform the reason, if Garda figures nationally rose from 11,916 on 30 September 2003 to 12,245 on 1 June 2005, the number of gardaí serving in the Carlow-Kildare division fell by one in the same period, from 327 on 30 September 2003 to 326 on 1 June 2005; if the Carlow-Kildare division will be treated equitably in the allocation of Garda resources; and if he will make a statement on the matter. [23954/05]

I have been informed by the Garda authorities, who are responsible for the detailed allocation of Garda resources, including personnel, that the personnel strength of the Carlow-Kildare division as at 28 June 2005 was 327, all ranks. This represents an increase of 35, or 12%, on the personnel allocated to the division since 31 December 1997. This compares with an increase of 1,277, or 11.6%, in the overall strength of the force in the period from 31 December 1997 to 1 June 2005.

Newly attested groups of probationer gardaí are allocated throughout the country four times each year. It should therefore be noted that the personnel strength of each division will fluctuate in between each allocation as a result of promotions, retirements and so on.

Garda management states that the situation will be kept under review and when the next group of probationer gardaí is being allocated the needs of the Carlow-Kildare division will be fully considered.

Regarding Garda resources generally, I am very pleased that the Government has approved my proposal to increase the strength of the Garda Síochána to 14,000 members on a phased basis, in line with the agreed 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 Commissioner will now draw up plans on how best to distribute and manage these additional resources. In this context, the needs of the Carlow-Kildare division will be fully considered in the context of the needs of Garda divisions throughout the country. Clearly, the additional resources will be targeted at the areas of greatest need, as is envisaged in the programme for Government. The programme identifies areas with a significant drugs problem and a large number of public order offences, but it will be possible to address other priorities, 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 front line, operational, high visibility policing. They will have a real impact.

Deportation Orders.

Finian McGrath

Ceist:

543 Mr. F. McGrath asked the Minister for Justice, Equality and Law Reform if he will reconsider the deportation of persons (details supplied) and give them the maximum advice and support in dealing with their case. [23955/05]

There is no record of any deportation orders in respect of the persons referred to by the Deputy. However, it appears that their permission to remain in the State expired in July 2003. The persons concerned should contact the immigration division of my Department providing details of their activities in the State since that date.

Sexual Offences.

Kathleen Lynch

Ceist:

544 Ms Lynch asked the Minister for Justice, Equality and Law Reform his proposals to review the legislation which places a statute of limitation on sexual abuse cases in civil cases even when a guilty verdict has been returned in the criminal courts. [23956/05]

Statutes of limitation are not a feature of the criminal code of law, where the State, in the public interest, seeks to prosecute those who commit offences because the committing of such offences, which may result in injury to individuals, are an affront also to society at large, although the courts will prevent a prosecution from proceeding in particular cases where they are satisfied that because of the passage of time it would be unsafe to proceed.

By contrast, the civil law provides a means whereby an individual aggrieved by the actions of another can seek redress, in the context of the Deputy's question, usually in the form of monetary compensation, for the wrong alleged. Given the wide application of the civil law and the need for certainty in how people may arrange their affairs, statutes of limitation are a feature of the civil law as it relates, in particular, to claims made by one private individual against another private individual or body for compensation for civil wrongs.

The limitation period for civil actions arising out of personal injury is generally three years from the date of the injury or, if later, the date on which the victim became aware, or could have become aware, of the injury. Where the injured person was under a disability at the time of the injury or of the date of knowledge, the three-year period does not start to run until the person is no longer under a disability. In this context, the term "disability" is used in a technical way as meaning either a person of unsound mind or a minor. Thus, for an injury done to a person as a child, the latest point at which the person can commence civil proceedings would generally be age 21, that is, three years after reaching the age of majority.

In 2000, the Statute of Limitations (Amendment) Act was passed on foot of a Private Members' Bill proposed by Deputy O'Sullivan and supported by the Government. This Act made important changes to the Statute of Limitations 1957 as it relates to acts of sexual abuse done to a person while a child. As a result of that Act, a victim of child sex abuse is regarded as under a disability if, as a result of that abuse or any other act of the abuser, the person is suffering a psychological injury which substantially impairs his or her ability to make a reasoned decision in respect of bringing the civil action. Thus, the three-year period does not start to run in such cases until the victim has recovered sufficiently from the psychological injury to be able to decide whether to bring the action.

I am satisfied that this measure strikes an appropriate balance between the right of the victim of child sex abuse to seek redress from the perpetrator once he or she has overcome the trauma of that abuse sufficiently to be able to commence proceedings, on the one hand, and the rights of people generally to be protected against stale claims, on the other. The courts hearing such a claim are best placed to judge how the change made in the 2000 Act applies in the particular case and it is open to the parties to adduce evidence of whatever criminal proceedings may be relevant to the civil proceedings.

Asylum Applications.

Gay Mitchell

Ceist:

545 Mr. G. Mitchell asked the Minister for Justice, Equality and Law Reform if he will re-examine or allow a further appeal in the case of a person (details supplied) seeking asylum; and if he will make a statement on the matter. [23957/05]

The person concerned, a Cameroon national, arrived in the State on 22 April 2003 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 section 3 of the Immigration Act 1999, as amended, she was informed by letter, dated 14 June 2005, that the Minister proposed to make a deportation order in respect of her. She was given the options, to be exercised within 15 working days, of making representations to the Minister setting out the reasons she should be allowed to remain temporarily in the State, leaving the State before an order is made or consenting to the making of a deportation order. To date, no representations have been received by or on behalf of the person concerned other than a letter from her solicitors seeking a copy of her file in order to determine whether she has a basis for seeking judicial review of her situation.

The position is that her case file, irrespective of whether she chooses to make representations, will be considered under section 3(6) of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996 — prohibition of refoulement. I expect the file to be passed to me for decision in due course.

Child Care Services.

Seymour Crawford

Ceist:

546 Mr. Crawford asked the Minister for Justice, Equality and Law Reform the status of an application by a centre (details supplied) in County Monaghan for extension of after-school and crèche facilities; when the funding will be made available; and if he will make a statement on the matter. [23958/05]

The Deputy may be aware that the group in question has been awarded staffing grant assistance of €254,061 to date, under the equal opportunities child care programme 2000 to 2006.

I understand that an application for capital grant assistance under the EOCP was submitted by this group to my Department some time ago. This application has been forwarded to Area Development Management Limited, which is engaged by my Department to carry out detailed assessments of all EOCP grant applications on my behalf. Each application for funding undergoes a thorough assessment by ADM to ensure it meets the EOCP funding criteria.

The level of demand for capital grant assistance was such that I considered it important to increase the capital provision for the present programme. Following discussions with the Minister for Finance, an additional capital provision of €90 million was made available, over the period 2005-09, in the context of the 2005 budget.

This brings the total funding available for the programme to €499.3 million and the amount set aside for capital developments to €205 million. The availability of the additional capital funding is enabling me to make capital grant assistance available to groups which can show that they address significant child care service gaps and where their project proposals represent good value for money when considered in respect of the current guidelines on building costs.

In the light of this, the group in question was advised in December 2004 that while its project had not been prioritised for immediate funding at that stage, it would be reconsidered for possible support in the future.

The ongoing assessment of the applications in the pipeline will be concluded as speedily as possible to facilitate the development of additional child care facilities and places at the earliest opportunity. When the assessment on the project in question is completed, the application will then be considered by the EOCP appraisal committee, chaired by my Department, before I make a final decision regarding funding. The group will be informed of the outcome in due course.

Garda Deployment.

Denis Naughten

Ceist:

547 Mr. Naughten asked the Minister for Justice, Equality and Law Reform the budget allocated to providing security for Government Ministers’ holiday homes both inside and outside the State in 2004; the budget allocated to providing this security in 2005; and if he will make a statement on the matter. [23959/05]

The assessment and provision of security for Government Ministers is a matter for the Garda Síochána. As the Deputy will appreciate, it is not in the public interest to disclose funding levels in respect of such security matters because this information may provide an indication of the level and kinds of security in operation.

Proposed Legislation.

Ciarán Cuffe

Ceist:

548 Mr. Cuffe asked the Minister for Justice, Equality and Law Reform if, in light of a refusal of leave to appeal to the Supreme Court on points of law of exceptional public importance, under section 29 of the Courts of Justice Act 1924 in circumstances where, in the decision of the appeal court an applicant seeks leave to appeal (details supplied), he will consider amending relevant legislation to enable courts not to refuse such applications for leave to appeal on the basis that the applicant had failed in the appeal court to argue that a new fact was absence of common design rather than coercion; and if he will make a statement on the matter. [23960/05]

I have no plans to amend legislation in respect of the specifics of this case.

European Arrest Warrants.

Ruairí Quinn

Ceist:

549 Mr. Quinn asked the Minister for Justice, Equality and Law Reform the number of persons extradited from Ireland to the UK generally and to Northern Ireland specifically, on foot of the European arrest warrant since its introduction for terrorist and other offences; and if he will make a statement on the matter. [23962/05]

Ruairí Quinn

Ceist:

550 Mr. Quinn asked the Minister for Justice, Equality and Law Reform the number of persons extradited from Ireland to other EU countries on foot of the European arrest warrant since its introduction in respect of terrorist and other offences; and if he will make a statement on the matter. [23963/05]

Ruairí Quinn

Ceist:

551 Mr. Quinn asked the Minister for Justice, Equality and Law Reform if procedural difficulties have been encountered with requests from the United Kingdom with regard to the European arrest warrant; if so, the steps which have been taken to overcome them; and if he will make a statement on the matter. [23964/05]

I propose to take Questions Nos. 549 to 551, inclusive, together.

The European Arrest Warrant Act came into operation on 1 January 2004. Two persons have been surrendered from Ireland to the UK generally during this period. One of these was to Northern Ireland. Neither of the cases was terrorism related.

There have been no persons surrendered to date to other EU countries on foot of European arrest warrants. A number of other surrender orders have been made by the High Court but the persons concerned have not been surrendered because they have appealed the decisions to the Supreme Court.

With regard to European arrest warrants received from the UK and other member states, it has been necessary in some cases to seek clarification in respect of certain matters or to seek additional information. It was also necessary, prior to the coming into effect of the Criminal Justice (Terrorist Offences) Act 2005, which amended the European Arrest Warrant Act 2003, to require certain undertakings in all cases before a warrant could be presented to the High Court for endorsement. Under the amendments contained in the 2005 Act, this is no longer necessary unless the court requests the undertakings.

Racist Attacks.

Aengus Ó Snodaigh

Ceist:

552 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if a neo-Nazi group is now active and organising in Dublin; and if he will make a statement on the matter. [23965/05]

I am informed by the Garda authorities that there is no evidence to suggest that a neo-Nazi group is active in the Dublin area. However, I am further informed that, on 18 June last, a number of persons were arrested in connection with firearms offences. The associated Garda investigation is continuing in an effort to establish if the arrested persons have any links to such organisations either within or outside the jurisdiction.

Aengus Ó Snodaigh

Ceist:

553 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if he plans to toughen hate crime laws in response to the recent wave of anti-Semitic attacks in Dublin, which now average one a week. [23967/05]

The Prohibition of Incitement to Hatred Act 1989 offers comprehensive protection to persons having hatred incited against them on account of their race, colour, nationality, religion, ethnic or national origin, membership of the travelling community or sexual orientation.

Public incitement to hatred, on any of the above grounds, is a criminal offence under section 2 and section 3 of the 1989 Act in terms of material, written or oral, which is threatening, abusive or insulting. The hatred can be incited through, for example, the publication or distribution or display of written material or the use of words or behaviour in any place other than inside a private residence where such written material, words or behaviour are threatening, abusive or insulting and are intended or are likely to stir up hatred. It is open to any person to bring an alleged breach of the provisions of the Act to the notice of the Garda Síochána.

The provisions of other Acts such as the Criminal Justice (Public Order) Act 1994, the Non-Fatal Offences Against the Person Act 1997 and the Criminal Damage Act 1991 can also be used to protect persons and their property against attack, including racist attack.

In the context of a review in my Department, I am monitoring the number of racist incidents, those that end up in the courts, the legislation under which persons are being charged and the outcome of proceedings in the courts. A thorough appreciation of the above is essential in deciding what, if any, criminal legislation is required that could offer further protection to persons who are the victims of race crimes. To assist me in the matter, the steering group of the national action plan against racism is also assessing the effectiveness of the current legislation. The group is in the process of arranging for research to be conducted into the legislation and related issues.

Recidivism Rate.

Aengus Ó Snodaigh

Ceist:

554 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the fact that research published since the 1950s has consistently found that good family support deters repeat offending; if his attention has further been drawn to the recent research funded by the EU Commission which emphasises the effectiveness of programmes supporting the families of drug dependent offenders; and his plans to increase supports to the families of offenders in view of such findings as part of an overall programme of investment to decrease recidivism. [23968/05]

The study to which I believe the Deputy refers in his question, Supporting Families of Drug-Dependent Offenders, examined the level of support that was available to families of drug dependent offenders in four European countries. The purpose of the study was to find out what services were available and what services were valued or desired by offenders and their families. This study did not, I understand, examine the impact that such services may have on recidivism.

The need to develop family supports and guidance for families of substance abusers was highlighted throughout the consultation process of the recently published mid-term review of the national drugs strategy. It was felt that the family needs to be recognised as a support and a resource, as well as having their support needs addressed.

In this regard, the steering group overseeing the review recommended that the following action be included in the national drugs strategy in order to implement the recommendations in the 2004 national advisory committee on drugs report, Role of Family Support Services in Drug Prevention, namely: to increase the capacity of services to respond through an appropriate level of resources and training for staff in services; to strengthen inter-agency links and networks by building knowledge of local community issues and attitudes thus improving communications; and to develop relevant monitoring and evaluation tools to measure effectiveness of services.

In addition, the mid-term review of the national strategy states that the national drugs strategy team should: actively encourage the local drugs task forces and regional drugs task forces to prioritise the provision of family services in their areas; and support family support networks in their work in the area of information provision and assistance to local family support groups. The agencies responsible for this action are the Health Service Executive, the Department of Social and Family Affairs and the national drug strategy team.

One of the core values of the Irish Prison Service is to endeavour to help prisoners, where possible and appropriate, to maintain relationships with their families. The National and Economic and Social Forum, NESF, report on the reintegration of prisoners — No. 22 of 2002 — makes a number of recommendations in regard to the provision of support to the families of prisoners and the Irish Prison Service continues to work in partnership with the probation and welfare service and other statutory, voluntary and community agencies and services to provide the best possible service and support to prisoners' families.

New external visiting facilities have been provided in recent years at Castlerea, Mountjoy, Cloverhill, and the Midlands prisons, as well as at St. Patrick's Institution. In addition, new internal visitor facilities have been provided at Castlerea, Cloverhill and the Midlands prisons. A new visitors' reception centre was opened in mid-2004 at Limerick Prison and another was opened in early 2005 at Portlaoise Prison. The Society of St. Vincent de Paul and the Religious Society of Friends jointly manage, on behalf of the Prison Service, the visitors' centres including crèche facilities, at Mountjoy, Cloverhill and the Midlands prisons. The Bedford Row project manages the external visitors' centre at Limerick Prison. The new visiting facilities at Portlaoise Prison are managed by the Irish Prison Service.

In addition to these developments, families are facilitated in participating in a range of programmes in areas such as addiction, specific offending behaviour programmes and pre-release programmes. The recommendation in the NESF report as regards a prisoner family support strategy will also inform the elaboration of positive sentence management.

My Department, through the probation and welfare service, provides funding to 69 voluntary bodies which provide a range of services to offenders in local communities, for example, pre-industrial training and education, offender management programmes, residential accommodation, drug and alcohol abuse treatment — intervention — awareness programmes, work with offenders in custody and post release, as well as providing a vital ingredient of a focused daytime programme for those found guilty of criminal offences by the courts and placed on supervision to the probation and welfare service.

A number of these projects, which work with drug dependent offenders, see it as being essential that parents and partners are active participants in the recovery programmes.

Garda Investigations.

Aengus Ó Snodaigh

Ceist:

555 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if he will report on the status of the inquest into the killing of Seamus Ludlow; and the status of the Garda case file in this matter. [23969/05]

I understand that a preliminary hearing has been held by the Louth county coroner and that the inquest is due to be held on 5 September 2005 at the coroner's office inDundalk. I am informed by the Garda authorities that the coroner in question has requested a number of Garda files in this case, which have been provided to him.

Treatment of Prisoners.

Aengus Ó Snodaigh

Ceist:

556 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform his views on concerns raised in the third report by the Inspector of Prisons and Places of Detention that the Government has failed to invest in probation and other programmes to reduce recidivism; and his further views on the recent Amnesty International report finding that detention conditions do not comply with international standards due to the fact that they are overcrowded, lack adequate sanitation facilities and have insufficient education and employment programmes, that mentally ill patients continue to be held in prisons and that there is still no independent complaints mechanism for prisons as recommended by the European Committee for the Prevention of Torture. [23970/05]

The probation and welfare service operates under the aegis of my Department and has in the region of 430 staff and an annual budget of approximately €45 million. The objective of the service is to reduce re-offending and protect the public. It provides assessments on offenders to the courts and is responsible for the proposal and implementation of community sanctions. It also provides a probation service to prisons. My Department, through the service, provides funding to and works in association with 69 voluntary bodies in the provision of relevant services. The budget provision for assistance to voluntary bodies and their projects for the current year is €14.434 million.

The projects, which are made up of community groups and voluntary bodies, provide a range of services to offenders in local communities. I refer, for example, to pre-industrial training and education, offender management programmes, residential accommodation, drug and alcohol abuse treatment — intervention — awareness programmes, work with offenders in custody and post-release, as well as providing a vital ingredient of a focused daytime programme for those found guilty of criminal offences by the courts and placed on supervision to the probation and welfare service.

The effect is to make available to persons, as part of their supervision, access to intervention and facilities that might not otherwise be open to them because of their criminal histories. Many offenders fail to access or retain places in mainstream programmes or have become alienated from them, so they need the initial preparation of a positive learning experience from which they can move on to more specialised, community-wide services. For many too, particularly those released from custody, managed accommodation is vital to begin claiming social assistance, apply for training, commence employment, etc. With regard to the implementation of the Children Act 2001, Department of Finance sanction was obtained for an additional 30 staff for the probation and welfare service. Sections 78 to 87 of the Children Act 2001, which provide for a court-directed family conference convened by the probation and welfare service, were placed on a statutory footing with effect from 26 July 2004.

A pilot mentor project is due to commence shortly in the north Dublin area. The programme, located in the probation and welfare service office in Coolock, will serve as a model for the development of mentor — family support — orders provided for under sections 131 and 132 of the Act. 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.

I understand from the Garda authorities that the policy of the Garda Síochána in respect of dealing with juveniles who offend is to consider the offender for inclusion in the juvenile diversion programme. The programme provides that, in certain circumstances, a juvenile under 18 years of age, who freely accepts responsibility for a criminal incident, may be cautioned as an alternative to prosecution. The Children Act 2001 placed this programme on a statutory footing and the relevant sections of the Act were commenced in May 2002.

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, relating to 17,043 individual offenders, under the programme.

I have also been informed by the Garda authorities, which are responsible for the detailed allocation of resources, including personnel, that, as of 6 December 2004, there were 86 juvenile liaison officer gardaí and eight JLO sergeants working in the various divisions throughout the country. In addition, the national juvenile office has a staff of one superintendent, two inspectors and two sergeants.

Part 4 of the Children Act 2001 introduced the concept of restorative justice, specifically restorative cautioning and restorative conferencing, to the juvenile diversion programme. Essentially, these provisions provide for the inclusion, where appropriate and possible, of the victim, the juvenile's family and the wider stakeholding community in the process of diversion. To facilitate these innovative developments, most of the Garda juvenile liaison officers have now received training in mediation skills, with advanced training being provided to selected officers. Since the commencement of the relevant part of the Children Act in 2002, and up to the end of 2003, a total of 147 restorative justice events have been held. Early assessments indicate a high level of satisfaction from all those involved in the process.

In addition to the Garda juvenile diversion programme, there are in existence a total of 64 Garda youth diversion projects. These projects are a community-based, multi-agency crime prevention initiative which seeks 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.

As the Deputy may be aware, recent years have seen a dramatic increase in the number of these projects, 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 the new projects were decided upon according to local needs by the Garda authorities, in conjunction with my Department. Funding of €5.471 million has been allocated to these and related projects in the current year. These programmes are responsible, in part, for the significant reduction in recent years in the number of under-21 year olds being sent to prison.

Unfortunately, some Irish prisons, no less than prisons in many other jurisdictions in the developed world, suffer from overcrowding and poor living conditions. These are matters which were of concern to me and the prisons authority interim board prior to publication of either of the reports referred to in the question.

My priority is to proceed as quickly as possible with the replacement of Mountjoy, Portlaoise, and Cork prisons with new modern prison facilities. These are major long-term projects which will take a number of years to bring to fruition. I have availed of a number of recent opportunities to apprise the House of the significant progress already being made in relation to them.

I do not accept that education and employment programmes in Irish prisons are insufficient by international standards. The reality is that the participation rate of more than 50% in prison education in Ireland is regarded as being high by international comparison and vocational training opportunities for prisoners, leading to accredited certification and marketable skills, is well on a par with what is available to prisoners in other jurisdictions. That is not, of course, to say that there is room for complacency. There is constant updating and review of prisoner programmes to take account of changing needs and opportunities. I might add that every effort is being made in the course of the current industrial relations situation in the prisons to minimise disruption to education and vocational programmes.

It is a fact that, as in other countries, persons with mental illness are committed to prison. In many cases, appropriate psychiatric care can be provided for such persons by visiting psychiatrists, including those from the Central Mental Hospital. What has been of particular concern to me is that prisoners who require inpatient psychiatric care are in a position to access such care within a reasonable time. In this regard, I welcome the allocation of additional funding to the Central Mental Hospital and the indication that a new 15-bed unit for the treatment of male prisoners is due to open in the near future and that the recruitment of 33 additional staff is under way.

The reference in the Amnesty International report to a complaints mechanism for prisoners refers to a recommendation of the Council of Europe Committee for the Prevention of Torture and Inhumane or Degrading Treatment or Punishment, CPT, that "complaints procedures should offer appropriate guarantees of independence and impartiality, and persons who may have been ill-treated should not be discouraged from pursuing a complaint". The position is that prisoners already have a number of options in making complaints to independent and impartial persons and bodies, that is, the prison visiting committee, the Inspector of Prisons and Places of Detention, the prison chaplain, the prison doctor, the Minister and the CPT. Prisoners also have access to the courts and may complain to the European Court of Human Rights. Where allegations of assault or ill-treatment are involved, prisoners are facilitated in making complaints to the Garda Síochána. There are no proposals to establish a further independent complaints mechanism for prisoners. For further information on this matter, the Deputy may wish to refer to page 19 of the response of the Government to the report of the CPT on its visit to Ireland from 20 to 28 May 2002, which is in the Oireachtas Library.

Treatment of Travellers.

Aengus Ó Snodaigh

Ceist:

557 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform his views on the criticism of the Government by the International Committee for the Elimination of All Forms of Racial Discrimination over its policy of refusing to recognise Travellers as a distinct ethnic group; and if he will reconsider or otherwise review this policy in view of the concerns raised. [23971/05]

I note with interest the observations of the Committee for the Elimination of all Forms of Racial Discrimination, CERD, in respect of the issue of recognition of Travellers as an ethnic group. As the Deputy is aware, the CERD defines "racial discrimination" as any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin.

The Government is committed to challenging discrimination against Travellers and has defined membership of the Traveller community as a separate ground on which it is unlawful to discriminate under equality legislation. This was not meant to provide a lesser level of protection to Travellers compared to that afforded to members of ethnic minorities. On the contrary, the separate identification of Travellers in equality legislation guarantees that they are explicitly protected.

The Government accepts the right of Travellers to their cultural identity, regardless of whether it may be properly described as an ethnic group and is committed to applying all the protections afforded to ethnic minorities by the Convention for the Elimination of all forms of Racial Discrimination equally to Travellers.

However, the Government did not conclude that Travellers are ethnically different from the majority of Irish people. The point also needs to be made that the Government is not alone in making this assessment. The 1995 task force report on the Traveller community, which consisted of Departments, civil society and Traveller representatives did not recommend that Travellers should be identified as an ethnic minority.

Departmental Expenditure.

Enda Kenny

Ceist:

558 Mr. Kenny asked the Minister for Justice, Equality and Law Reform the amount of his Department’s budgetary allocation for 2004; the amount of this allocation which was returned to the Department of Finance at year’s end; the Vote head from which such returned allocations were derived; and if he will make a statement on the matter. [23983/05]

The information requested by the Deputy is set out in the attached tabular statement in respect of the individual Votes within the Justice Group for 2004.

Vote

Net Estimate Provision €000

Surplus to be Surrendered €000

Surplus to be Surrendered as a % of the Net Estimate Provision

Justice, Equality & Law Reform

339,098

5,812

1.71

Garda Síochána

1,069,777

1,142

0.11

Prisons

345,726*

12,785

3.70

The Courts Service

75,708

1,338

1.77

Land Registry and Registry of Deeds

33,558

307

0.91

*The allocation of €345,726,000 included funding to settle the overtime issue in the Irish Prison Service but this was not required in 2004 since discussions with the Prison Officers Association continued into 2005.

The surpluses to be surrendered are subject to audit at present and were derived from a range of subheads across the individual Votes in the justice group. The composition of the surpluses will be published later this year following completion of the audit of the 2004 accounts by the Comptroller and Auditor General.

Brian O'Shea

Ceist:

559 Mr. O’Shea asked the Minister for Justice, Equality and Law Reform the amount his Department has spent to date in 2005 on the implementation of the provisions of the Official Languages Act 2003; his estimate of the amount which his Department will spend on the implementation of the Official Languages Act 2003 for the full year in 2005; and if he will make a statement on the matter. [24017/05]

The costs of implementing the provisions of the Official Languages Act 2003 are met from my Department's administrative budget and cannot readily be distinguished from the cost of providing services generally. The provision in respect of 2005 is expected to be sufficient to meet any needs arising in the current year.

Deportation Orders.

Paul Nicholas Gogarty

Ceist:

560 Mr. Gogarty asked the Minister for Justice, Equality and Law Reform the correspondence which has taken place with a person (details supplied) since June 2005. [24040/05]

Paul Nicholas Gogarty

Ceist:

561 Mr. Gogarty asked the Minister for Justice, Equality and Law Reform if he will postpone indefinitely, or postpone for a further fixed period, the deportation order placed on a person (details supplied); if this person will be granted a one year working visa; and if he will make a statement on the matter. [24041/05]

I propose to take Questions Nos. 560 and 561 together.

This person has instituted judicial review proceedings challenging the deportation order. Accordingly, as the matter is sub judice, I do not propose to comment further on it.

Road Traffic Offences.

Paul Nicholas Gogarty

Ceist:

562 Mr. Gogarty asked the Minister for Justice, Equality and Law Reform the number of prosecutions which have taken place for breaching the three tonne limit on Kennelsfort Road, Palmerstown, in 2005; the way in which this compares to the three previous years; and if he will make a statement on the matter. [24042/05]

I am informed by the Garda authorities that the numbers of prosecutions for breaches of the three tonne limit on Kennelsfort Road, Palmerstown, for the years 2002 to 2005, inclusive, are shown on the attached table:

Year

Prosecutions

2002

8

2003

2

2004

5

2005

48

Garda Disciplinary Proceedings.

Ciarán Cuffe

Ceist:

563 Mr. Cuffe asked the Minister for Justice, Equality and Law Reform the number of criminal and civil cases which were begun in connection with allegations of criminal behaviour on the part of some gardaí in the Donegal division in which the State was either a party or was funding the legal costs of one or more of the parties; if he will identify these cases; when they were begun; the outcome of each of these cases; and the amount spent by the State on these cases between 1 August 2000 and 30 April 2005. [24057/05]

I understand from the Garda authorities that eight criminal cases were initiated in connection with allegations of criminal behaviour on the part of some gardaí in Donegal division. Details are provided in appendix 1 of this reply.

A total of 89 plenary summonses in respect of civil actions have been served on the State in connection with the allegations of wrongful behaviour of members of the Garda Síochána in the Donegal division which have been the subject of debate recently in this House. Details of these cases, including the date the proceedings commenced, are set out in appendix 2 of this reply. There are another two cases where initiating letters have been received. Of the 91 cases received, one case only has been settled. In the circumstances, it would not be the practice to divulge the settlement terms agreed with the plaintiff concerned.

Criminal Cases — Donegal Investigation — Appendix 1.

Name

Date Arrest and Charge

Charges

Status

Bernard Conlon 61 Cartron Bay Sligo

16/03/2001

Three charges under S.12(a) Criminal Law Act 1976 (Making false statements)

Convicted Sligo Circuit Court 21/03/2002 and on 05/06/2002 sentenced to three years suspended

Noel McBride Figart Raphoe County Donegal

05/06/2001

Six charges under Section 12a & 12b Criminal Law Act 1976 (knowingly making false statements & thereby causing the time of the Garda Síochána to be wastefully employed)

At Special Sitting of Letterkenny Circuit Court 22/06/2004 found Not Guilty

William Doherty Doorable Manorcunningham County Donegal

05/06/2001

(1)Six charges under Section 12a & 12b Criminal Law Act 1976 (knowingly making false statements & thereby causing the time of the Garda Síochána to be wastefully employed)(2)Also charged Contrary to Section 13(1)(a) Post Office (amendment) Act, 1951 as substituted by the Post and Telecommunications Services Act 1983 of sending a message that was menacing in character addressed to Frank McBrearty Snr. Of Tullyrap, Raphoe on the 5th November 1996(3)Perjury (Letterkenny Case)

At Special sitting Letterkenny Circuit Court on 22/06/2004 William Doherty pleaded guilty to three charges as follows(1)S. 12(a) Crim. Law Act 1976 False Statement to Gda J O Dowd(2)S 13(1)(a) Post Office (Amendment) Act as substituted — and(3)Perjury On 22nd November 2004 sentenced as followsCharge (1) 3 years Charge(2)2 years concurrent Charge(3)2 years concurrent from 18/06/2004. A nolle prosequi entered on remaining charges

Derrick Connolly Craigs Road Raphoe County Donegal

06/06/2001

One charge under Section 12(a) and one under Section 12(b) Criminal Law Act 1976 (Making false Statements)

Trial held at Letterkenny Circuit Court 21st-22nd May 2003 — Not Guilty

Sergeant John White Dreenan Ballybofey, County Donegal

20/06/2001

Charge contrary to Section 27A(1) of the Firearms Act 1964 as inserted by Section 8 of the Criminal Law (Jurisdiction) Act 1976 and amended by Section 14 Criminal Justice Act 1984 and Section 4 of the Firearms & Offensive Weapons Act 1990

Remanded on continuing bail to Letterkenny Circuit Court on the 4th October 2005 John White made application for Judicial Review to prohibit his trial proceeding in relation to this case at High Court on the 26/11/2004. The Application went for hearing on 31/05/2005 and following a three day hearing the Judge reserved judgment in the case

Roderick Donnelly

05/06/2001

Knowingly making false statement to D/Gda P Flynn. Section 12(a) of Crim. Law Act 1976. Wasting Garda time Section 12(b) of Crim. Law Act 1976

Trial held Letterkenny Circuit Court 6th February 2003 — Not Guilty

Sergeant John White Dreenan Ballybofey County Donegal

18/07/2002

Three Charges under Section 12(a) Criminal Law Act, 1976 (Making False Statements) & three charges of Attempting to pervert the course of Justice

At Letterkenny Circuit Court 11 January 2005 Jury directed by Judge O Donabhain to enter Not Guilty

Garda John Nicholson Sligo

26/07/2002

Three Charges under Section 6 of Forgery Act 1913 as amended by Section 16 Criminal Law Act 1997

At Riverstown District Court — Pleaded Guilty. Facts proven and case dismissed under Section 1(1)(1) of P.O.A.

Civil Proceedings relating to Donegal Cases — Appendix 2.

Date

1.

Francis McBrearty Snr -v- Sgt. John White, The Commissioner of An Garda Síochána, The Minister for Justice, Ireland and The Attorney General

April 1997

2.

Frank McBrearty Snr. -v- The Commissioner of An Garda Siobhan, The Minister for Justice and The Attorney General

March 1997

3.

Roisin McConnell -v- The Commissioner of An Garda Síochána, The Minister for Justice and The Attorney General

March 1997

4.

Mark McConnell -v- The Commissioner of An Garda Síochána, The Minister for Justice and The Attorney General

March 1997

5.

Frank McBrearty Jnr -v- The Commissioner of An Garda Síochána, The Minister for Justice and The Attorney General

March 1997

6.

(1) William George Flynn -v- John White, The Commissioner of An Garda Síochána, The Minister for Justice and The Attorney General

May 1997

7.

(2) William George Flynn -v- Chief Supt. Denis Fitzpatrick, Supt. Kevin Lennon, The Commissioner of An Garda Síochána, Ireland and The Attorney General

October 2001

8.

(3) William George Flynn -v- Supt. Kevin Lennon, The Garda Commissioner, Judge John O’Donnell, Val Cronin, Judge Michael Connellan, The Minister for Justice, Equality and Law Reform, Ireland and The Attorney General

November 1999

9.

(4) William George Flynn -v- The Commissioner of An Garda Síochána, The Minister for Justice and The Attorney General

February 1997

10.

Sean Crossan -v- The Commissioner of An Garda Síochána, Ireland and the Attorney General

November 1997

11.

Tina Fowley -v- Ireland, The Attorney General, The Minister for Justice, Equality and Law Reform, The Commissioner of An Garda Síochána

September 2000

12.

Edel Quinn -v- The Commissioner of An Garda Síochána, The Minister for Justice, Equality and Law Reform, Ireland and The Attorney General

November 1999

13.

Frank McBrearty Snr -v- The Commissioner of An Garda Síochána & Others

October 2001

14.

Frank McBrearty Snr -v- The Commissioner of An Garda Síochána, The Director of Public Prosecutions, Ireland and The Attorney General

October 2001

15.

Frank McBrearty Senior -v- The Commissioner of An Garda Síochána, Ireland and The Attorney General

November 2001

16.

Frank McBrearty Jnr -v- The Commissioner of An Garda Síochána, The Director of Public Prosecutions, Ireland & the Attorney General

September 2001

17.

Patricia McBrearty -v- The Commissioner of An Garda Síochána, TheMinister for Justice, Equality and Law Reform, Ireland and The Attorney General

November 2001

18.

Andrew McBrearty -v- The Commissioner of An Garda Síochána, The Director of Public Prosecutions, Ireland and The Attorney General

September 2001

19.

William Logan -v- The Commissioner of An Garda Síochána, The Director of Public Prosecutions, Ireland and The Attorney General

September 2001

20.

John Mitchell -v- The Commissioner of An Garda Síochána, The Director of Public Prosecutions, Ireland and The Attorney General

September 2001

21.

Liam O’Donnell -v- The Commissioner of An Garda Síochána, The Director of Public Prosecutions, Ireland and The Attorney General

September 2001

22.

Michael McConnell -v- The Commissioner of An Garda Síochána, The Director of Public Prosecutions, Ireland and The Attorney General

September 2001

23.

Martin McCallion -v- The Commissioner of An Garda Síochána, The Director of Public Prosecutions, Ireland and The Attorney General

September 2001

24.

Mark McConnell -v- The Commissioner of An Garda Síochána, The Director of Public Prosecutions, Ireland and The Attorney General

September 2001

25.

Richard McBrearty -v- The Commissioner of An Garda Síochána, The Director of Public Prosecutions, Ireland and The Attorney General

September 2001

26.

Eamonn Joseph McConnell -v- The Commissioner of An Garda Síochána, The Director of Public Prosecutions, Ireland and The Attorney General

September 2001

27.

Rosalind McBrearty -v- The Commissioner of An Garda Síochána, The Minister for Justice, Equality and Law Reform and The Attorney General

February 2000

28.

Charlotte Peoples -v- The Commissioner of An Garda Síochána, The Minister for Justice, Equality and Law Reform and The Attorney General

November 1999

29.

Michael Peoples -v- The Commissioner of An Garda Síochána, The Minister for Justice, Equality and Law Reform and The Attorney General

November 1999

30.

Katrina Brolly -v- The Commissioner of An Garda Síochána, The Minister for Justice, Equality and Law Reform and The Attorney General

November 1999

31.

Kevin Lennon -v- The Commissioner of An Garda Síochána, Ireland, The Attorney General and The Minister for Justice, Equality and Law Reform

December 2001

32.

Paul Quinn -v- The Commissioner of An Garda Síochána, The Minister for Justice, Equality and Law Reform, Ireland and The Attorney General

December 2001

33.

Thomas Coffey -v- Kevin Lennon, Denis Fitzpatrick, The Commissioner of An Garda Síochána, Ireland and The Attorney General

March 2002

34.

Anna Quinn -v- The Commissioner of An Garda Síochána, The Minister for Justice, Equality and Law Reform, Ireland and The Attorney General

March 2002

35.

Thomas Collins -v- Ireland and The Attorney General, The Minister for Justice, Equality and Law Reform, The Commissioner of An Garda Síochána and John White

May 2002

36.

David Power -v- Ireland and The Attorney General, The Minister for Justice, Equality and Law Reform, The Commissioner of An Garda Síochána and Det. Sgt. Hugh Smith

May 2002

37.

Timothy Collins -v- Ireland and The Attorney General, The Minister for Justice, Equality and Law Reform, The Commissioner of An Garda Síochána and Det. Sgt. James Leheny

May 2002

38.

John McCann -v- Ireland and The Attorney General, The Minister for Justice, Equality and Law Reform, The Commissioner of An Garda Síochána and Garda Michael Farren

May 2002

39.

Bernard Power -v- Ireland and The Attorney General, The Minister for Justice, Equality and Law Reform, The Commissioner of An Garda Síochána and Det. Sgt. Philip Gillespie

May 2002

40.

John Casey -v- Ireland and The Attorney General, The Minister for Justice, Equality and Law Reform, The Commissioner of An Garda Síochána and Det. Sgt. Thomas Burke

May 2002

41.

Michael McCann -v- Ireland and The Attorney General, The Minister for Justice, Equality and Law Reform, The Commissioner of An Garda Síochána and Garda Christopher Galligan

May 2002

42.

Donna Quinn -v- The Commissioner of An Garda Síochána, The Minister for Justice, Equality and Law Reform, Ireland and The Attorney General

August 2002

43.

Mark Quinn -v- The Commissioner of An Garda Síochána, The Minister for Justice, Equality and Law Reform, Ireland and The Attorney General

August 2002

44.

Kieran Jackson -v- The Minister for Justice, Equality and Law Reform, Ireland and The Attorney General

April 2002

45.

Edward McBrearty -v- The Commissioner of An Garda Síochána, The Minister for Justice, Equality and Law Reform, Ireland and The Attorney General

September 2002

46.

William George Flynn -v- Joseph Hannigan, The Commissioner of An Garda Síochána, Ireland and The Attorney General

September 2002

47.

Patrick Flynn -v- Kevin Lennon, Denis Fitzpatrick, The Commissioner of An Garda Síochána, Ireland and The Attorney General

September 2002

48.

Jacqueline Flynn -v- Kevin Lennon, Denis Fitzpatrick, The Commissioner of An Garda Síochána, Ireland and The Attorney General

September 2002

49.

Barney Shovlin -v- The Commissioner of An Garda Síochána, The Minister for Justice, Equality and Law Reform, Ireland and The Attorney General

October 2002

50.

Frank McBrearty & Co. Ltd -v- The Commissioner of An Garda Síochána, The Minister for Justice, Equality and Law Reform, Ireland and The Attorney General

March 2003

51.

Hugh Diver -v- The Minister for Justice, Equality and Law Reform, Ireland and The Attorney General

January 2002

52.

Alfie, Anne & James Gallagher -v- The Commissioner of An Garda Síochána, The Minister for Justice, Equality and Law Reform, Ireland and The Attorney General

June 2002

53.

Michael McConnell -v- The Commissioner of An Garda Síochána, Ireland and The Attorney General

July 2003

54.

Brid McConnell -v- The Commissioner of An Garda Síochána, Ireland and The Attorney General

July 2003

55.

Noel & Hannah McConnell -v- The Commissioner of An Garda Síochána, Ireland and The Attorney General

July 2003

56.

Eamonn & Sinead McConnell -v- The Commissioner of An Garda Síochána, Ireland and The Attorney General

July 2003

57.

Maria McBrearty -v- The Commissioner of An Garda Síochána, The Director of Public Prosecutions, Ireland and The Attorney General

June 2003

58.

Rosalind McBrearty -v- The Commissioner of An Garda Síochána, Ireland and The Attorney General

July 2003

59.

Mark & Roisin McConnell -v- The Commissioner of An Garda Síochána, Ireland and The Attorney General

July 2003

60.

Frank McBrearty Jnr. & Patricia McBrearty -v- The Commissioner of An Garda Síochána, Ireland and The Attorney General

July 2003

61.

Michael McBrearty -v- The Commissioner of An Garda Síochána, Ireland and The Attorney General

July 2003

62.

Kevin McBrearty -v- The Commissioner of An Garda Síochána, Ireland and The Attorney General

July 2003

63.

Joseph McBrearty -v- The Commissioner of An Garda Síochána, Ireland and The Attorney General

July 2003

64.

Edward McBrearty (son of Hugo McBrearty) -v- The Commissioner of An Garda Síochána, Ireland and The Attorney General

July 2003

65.

Richard & AnnMarie McBrearty -v- The Commissioner of An Garda Síochána, Ireland and The Attorney General

July 2003

66.

Hugh McBrearty -v- The Commissioner of An Garda Síochána, Ireland and The Attorney General

July 2003

67.

Hugo & Cathy McBrearty -v- The Commissioner of An Garda Síochána, Ireland and The Attorney General

July 2003

68.

Michael & Kay Breslin -v- The Commissioner of An Garda Síochána, Ireland and The Attorney General

July 2003

69

Christine Griffin -v- The Commissioner of An Garda Síochána, Ireland and The Attorney General

July 2003

70.

Francis & Donna McConnell -v- The Commissioner of An Garda Síochána, Ireland and The Attorney General

July 2003

71.

Andrew McBrearty -v- The Commissioner of An Garda Síochána, Ireland and The Attorney General

July 2003

72.

Dermot & Joanne O’Donnell -v- The Commissioner of An Garda Síochána, Ireland and The Attorney General

August 2003

73.

Edward McBrearty (son of Frank McBrearty) -v- The Commissioner of An Garda Síochána, Ireland and The Attorney General

August 2003

74.

Seamus McBrearty -v- The Commissioner of An Garda Síochána, Ireland and The Attorney General

August 2003

75.

Joseph Foley -v- The Commissioner of An Garda Síochána, The Minister for Justice, Equality and Law Reform, Ireland and The Attorney General

December 2002

76.

Hugo McBrearty -v- The Commissioner of An Garda Síochána, The Director of Public Prosecutions, Ireland and The Attorney General

September 2003

77.

William George Flynn -v- An Bord um Ghearáin i gCoinne an Gharda Síochána, The Commissioner of An Garda Síochána, Ireland and The Attorney General

November 2003

78.

William George Flynn -v- The Commissioner of An Garda Síochána, The Minister for Justice, Equality & Law Reform, Ireland and The Attorney General

February, 2004

79.

Frank McBrearty (a minor) -v- The Commissioner of An Garda Síochána, The Minister for Justice, Equality & Law Reform, Ireland and The Attorney General

August, 2004

80.

Bernard Power -v- Ireland and the Attorney General, The Minister for Justice, Equality and Law Reform, the Commissioner of An Garda Síochána and Detective Sgt Philip Gillespie,

Dec. 2004

81

Thomas Collins -v- Ireland and the Attorney General, The Minister for Justice, Equality and Law Reform, the Commissioner of An Garda Síochána and Sgt John White,

Dec. 2004

82.

John Casey -v- Ireland and the Attorney General, the Minister for Justice, Equality and Law Reform, the Commissioner of An Garda Síochána and Detective Sgt Thomas Burke,

Dec. 2004

83.

Timothy Collins -v- Ireland and the Attorney General, The Minister for Justice, Equality and Law Reform, the Commissioner of An Garda Síochána and Detective Sgt James Leheny

Dec 2004

84.

Michael McCann- V — Ireland and the Attorney General, The Minister for Justice, Equality and Law Reform, the Commissioner of An Garda Síochána and Garda Christopher Galligan

Dec. 2004

85.

David Power -v- Ireland and the Attorney General, the Minister for Justice, Equality and Law Reform, the Commissioner of An Garda Síochána and Sgt Hugh Smith

Dec. 2004

86.

John McCann -v- Ireland and the Attorney General, the Minister for Justice, Equality and Law Reform, theCommissioner of An Garda Síochána and Garda Michael Farren

Dec. 2004

87.

John White -v- the Commissioner of An Garda Síochána and Others Judicial Review

Dec. 2004

88.

Tina Fowley -v- Noel Conroy — Judicial Review

Dec. 2004

89.

Karen and Adrienne McGlinchey -v- Noel McMahon, Kevin Lennon, The Commissioner of An Garda Síochána , Ireland and the Attorney General

Notice to issue High Court proceedings from Solicitor — April 05

Garda Investigations.

Ciarán Cuffe

Ceist:

564 Mr. Cuffe asked the Minister for Justice, Equality and Law Reform if all statements given to the Garda regarding assault are thoroughly investigated; and if he will make a statement on the matter. [24070/05]

I am informed by the Garda authorities that complaints made to the Garda Síochána in respect of allegations of the kind referred to by the Deputy are thoroughly investigated by it in order to establish the facts of the complaint and to gather evidence in order to determine if a prosecution is warranted for submission to the Director of Public Prosecutions.

Provisions for victims are made by a number of Government agencies as well as non-governmental organisations. The rights and entitlements of victims of crime in Ireland are set out in the victims charter, published by my Department in 1999, following extensive consultations with all relevant agencies including the courts, the Garda Síochána, the Prison Service, the probation and welfare service and the Director of Public Prosecutions.

The charter makes specific provision for particularly vulnerable victims, such as victims of sexual offences and domestic violence, elderly victims, victims with disabilities and children. It also contains specific provisions in respect of keeping victims informed of the outcome of their complaints and the progress and outcome of any criminal proceedings.

The Garda charter for victims of crime, which is included in the victims charter, sets out what a victim can expect from the Garda Síochána. Victims who are not satisfied with the investigation of their case or have inquiries, suggestions or feedback on any aspect of treatment of the victims of crime by any member of the Garda Síochána may contact the victim liaison officer, Community Relations Section, Harcourt Square, Harcourt Street, Dublin 2, telephone 01 6663802, or their local superintendent.

Crime Prevention.

Ciarán Cuffe

Ceist:

565 Mr. Cuffe asked the Minister for Justice, Equality and Law Reform if he intends to provide sufficient funding for the publication of neighbourhood watch newsletters; and if he will make a statement on the matter. [24071/05]

Neighbourhood watch was established in 1985 as a crime prevention measure for urban areas and there are approximately 2,600 neighbourhood watch schemes in operation nationwide. In common with other community schemes, it enlists the voluntary help of the community in co-operation with the Garda and is most suitable for urban areas.

Although no dedicated departmental financial allocations have been allocated for neighbourhood watch schemes in 2005, discussions are ongoing concerning the possibility of funding.

Decentralisation Programme.

Denis Naughten

Ceist:

566 Mr. Naughten asked the Minister for Justice, Equality and Law Reform if he will outline the timetable for the decentralisation of the Land Registry to Roscommon town; and if he will make a statement on the matter. [24099/05]

Under the Government's decentralisation programme, 230 posts in the Land Registry are scheduled to be relocated to Roscommon town. The Land Registry's implementation plan in respect of this move is available on my Department's website.

The selection process with regard to property solutions to fulfil the accommodation brief for the staff decentralising to Roscommon is progressing and the Office of Public Works is at an advanced stage of negotiations in acquiring a suitable site. The Deputy will also be aware that a significant element of the Land Registry was decentralised to Waterford some years ago.

Citizenship Applications.

Denis Naughten

Ceist:

567 Mr. Naughten asked the Minister for Justice, Equality and Law Reform, further to Question No. 689 of 12 April 2005, the status of the residency application; and if he will make a statement on the matter. [24106/05]

I am pleased to inform the Deputy that residency has been granted to the person in question and that she was advised in writing of the decision on 21 June 2005.

Prison Building Programme.

Shane McEntee

Ceist:

568 Mr. McEntee asked the Minister for Justice, Equality and Law Reform the estimated cost of providing services including road access, water, sewerage and power to the proposed new prison complex at Thornton Hall, Killsallaghan, County Dublin; and if he will make a statement on the matter. [24144/05]

Shane McEntee

Ceist:

569 Mr. McEntee asked the Minister for Justice, Equality and Law Reform the estimated cost of additional land to provide for road access to the proposed new prison complex at Thornton Hall, Killsallaghan, County Dublin; and if he will make a statement on the matter. [24145/05]

I propose to take Questions Nos. 568 and 569 together.

Preliminary estimates of the cost of servicing the Thornton Hall site were prepared as part of the detailed site evaluation process which was carried out by engineering consultants on a number of sites. This placed the total estimated cost of providing mains water, foul sewer and power including gas and electricity to the site at €8.5 million.

Regarding the matter of road access, the existing access road has been assessed as adequate by the site evaluation report. The report, however, recommended some improvements to and upgrading of the road which will be pursued following consultations with the appropriate authorities.

Appointments to State Boards.

Ruairí Quinn

Ceist:

570 Mr. Quinn asked the Minister for Justice, Equality and Law Reform if he will provide a list of the vacancies on the boards of statutory or State bodies and other statutory appointments which currently exist and which must be made by him or the Government; the reason, in each case, for the vacancy; and when each vacancy will be filled; and if he will make a statement on the matter. [24187/05]

I can inform the Deputy that the Censorship of Publications Board currently has one vacancy for a member due to the death of one of the members. The Irish Legal Terms Advisory Committee has two vacancies, one being for chairperson due to the resignation of Mr. Pádraig Ó hUiginn. The other vacancy is due to Mr. Justice Aindrias Ó Caoimh taking up a position in the European Court of Justice. The Criminal Injuries Compensation Tribunal has one vacancy due to Mr. Con Murphy being appointed as a judge.

The Public Appointments Service is currently running a competition for the appointment of chairperson of the Refugee Appeals Tribunal. The current occupant of the post was appointed on an interim basis in December 2003 following the retirement of the then chairperson. The closing date for applications was 23 June 2005. It is expected that an appointment will be made later in the summer.

In addition, the existing vacancies on the prison visiting committees are set out in the attached tabular statement:

Name of Institution

Number of Existing Vacancies

Arbour Hill Prison Visiting Committee

6

Cloverhill Prison Visiting Committee

5

Loughan House Place of Detention Visiting Committee

2

Midlands Prison Visiting Committee

1

Mountjoy Prison Visiting Committee

4

Portlaoise Prison Visiting Committee

4

Shelton Abbey Place of Detention Visiting Committee

2

St. Patrick’s Institution Visiting Committee

6

Training Unit Place of Detention Visiting Committee

5

Wheatfield Prison Visiting Committee

6

A visiting committee is appointed to each prison under the Prisons (Visiting Committees) Act 1925 and Prisons (Visiting Committees) Order 1925. The legislation provides that each committee shall consist of at least six members and not more than 12 members. The minimum statutory requirement is currently being met in respect of the membership of all visiting committees to which appointments or reappointments are made on an ongoing basis.

Members of prison visiting committees are appointed for a term not exceeding three years. At that point they may either be reappointed for a further term or may be replaced by new members. The current vacancies arise due to the expiration of the terms of office of the persons concerned. It is hoped to fill the above mentioned vacancies as soon as practicable.

Ruairí Quinn

Ceist:

571 Mr. Quinn asked the Minister for Justice, Equality and Law Reform if he will provide a list of boards of statutory or State bodies and statutory appointments to which vacancies are expected to fall due between now and 31 December 2005 for appointments to be made by him or the Government; and the mechanisms envisaged by which the appointees will be selected. [24201/05]

Vacancies are due to arise in the following bodies between now and 31 December 2005:

Name of Board/Statutory/State Body

Courts Service Board

Prison Visiting Committees

Arbour Hill Prison Visiting Committee

Cork Prison Visiting Committee

Limerick Prison Visiting Committee

Loughan House Place of Detention Visiting Committee

Mountjoy Prison Visiting Committee

Portlaoise Prison Visiting Committee

Shelton Abbey Place of Detention Visiting Committee

St. Patrick's Prison Visiting Committee

Training Unit Place of Detention Visiting Committee

Garda Complaints Board — Appointment of Assistant

Commissioner as member of Board

Board of the National Disability Authority

In making appointments to these bodies, regard will be had for legislation specifically applicable to the body where the vacancies arise, as well as for the work of the bodies in question, and to the relevant public service guidelines regarding such appointments.

Asylum Applications.

Paul Nicholas Gogarty

Ceist:

572 Mr. Gogarty asked the Minister for Justice, Equality and Law Reform the position regarding the case of a person (details supplied); and if he will make a statement on the matter. [24208/05]

The person concerned arrived in the State on 29 March 2000 and applied for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal.

Subsequently, in accordance with section 3 of the Immigration Act 1999, as amended, he was informed by letter, dated 5 November 2001, that the Minister proposed to make a deportation order in respect of him. He was given the options, to be exercised within 15 working days, of making representations to the Minister setting out the reasons he should be allowed to remain temporarily in the State, leaving the State before an order is made or consenting to the making of a deportation order.

His case file, including all representations submitted, will be considered under section 3(6) of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996 — prohibition of refoulement. I expect the file to be passed to me for decision in due course.

School Accommodation.

Paul Kehoe

Ceist:

573 Mr. Kehoe asked the Minister for Education and Science the position regarding an application requesting grant aid towards the provision of accommodation for an additional teacher for a school (details supplied) in County Wexford; if grant aid will be sanctioned for the required accommodation before the start of the school year 2005-06; and if she will make a statement on the matter. [23543/05]

Paul Kehoe

Ceist:

574 Mr. Kehoe asked the Minister for Education and Science if she has received an application for funding towards the provision of accommodation for an additional teacher for a school (details supplied) in County Wexford; and if she will make a statement on the matter. [23544/05]

I propose to take Questions Nos. 573 and 574 together.

The major capital improvement works application form has been forwarded to the school authorities in question in recent days. The completed form has not yet been returned. The school is also due to submit an application for temporary accommodation to my Department.

On receipt of the completed applications the accommodation requirements of this school will be examined.

School Statistics.

David Stanton

Ceist:

575 Mr. Stanton asked the Minister for Education and Science the names and addresses of all primary schools in Count Wexford; the names of the principals at same; and if she will make a statement on the matter. [23545/05]

The information requested by the Deputy is available on the home page of my Department's website at www.education.ie under education provider search.

David Stanton

Ceist:

576 Mr. Stanton asked the Minister for Education and Science the names and addresses of all secondary schools in County Wexford; the names of the principals of same; and if she will make a statement on the matter. [23546/05]

I wish to advise the Deputy that the following is a list of all the post-primary schools in County Wexford, together with the details of the principal in each instance: FCJ secondary school, Bunclody, Enniscorthy — principal, Madeleine Ryan; FCJ, St. Mary's CBS., Millpark Road, Enniscorthy — principal, Mr. John Ryan; Coláiste Bride, Enniscorthy — principal, Mr. Thomas Sheridan; Christian Brothers secondary school, Mountgarrett, New Ross — principal, Mr. Raymond Murray; Good Counsel College, New Ross — principal, Fr. John Hennebry OSA; St. Mary's secondary school, Irishtown, New Ross — principal, Fr. Gene O'Sullivan; Our Lady of Lourdes secondary school, Rosbercon, New Ross — principal, Mr. Ken Moroney; Christian Brothers secondary school, Thomas Street — principal, Mr. Frank Duke; St. Peter's College secondary school, Summerhill — principal, Mr. Patrick Quigley; Loreto secondary school, Spawell Road — principal, Mr. William A. O'Shea; Presentation Secondary School, Grogan's Road — principal, Ms G. Croke — acting principal; Coláiste Abbain, Adamstown, Enniscorthy — principal, Mr. Sean Lillis; Bridgetown Vocational College, Bridgetown — principal, Mr. Tony Power; Vocational College Bunclody, Bunclody — principal, Mr. William Corcoran; Vocational College, Enniscorthy — principal, Mr. Thomas Kelly; Kilmuckridge Vocational College, Kilmuckridge, Gorey — principal, Mr. Séamus Redmond; New Ross Vocational College, New Ross — principal, Pat Murphy; Wexford Vocational College, Westgate — principal, Edward O'Reilly; Ramsgrange Community School, Ramsgrange, New Ross — principal, Mr. Liam Fardy; and Gorey Community School, Esmonde Street, Gorey — principal, Mr. Nicholas Sweetman.

School Enrolments.

Paul Kehoe

Ceist:

577 Mr. Kehoe asked the Minister for Education and Science the reviews she has carried out on primary and secondary education in Gorey, County Wexford; the findings of such reviews; the action she will take following the review; and if she will make a statement on the matter. [23547/05]

Paul Kehoe

Ceist:

579 Mr. Kehoe asked the Minister for Education and Science the action she has taken since September 2004 to date in relation to the catchment area crisis in Gorey, County Wexford, for pupils to attend a school (details supplied); the action she intends to take; and if she will make a statement on the matter. [23549/05]

Paul Kehoe

Ceist:

582 Mr. Kehoe asked the Minister for Education and Science the action she will take in primary and secondary education to cater for the huge growth in population in Gorey, County Wexford, and the surrounding areas; and if she will make a statement on the matter. [23552/05]

I propose to take Questions Nos. 577, 579 and 582 together.

The school to which the Deputy refers is heavily over-subscribed as a result of a significant number of pupils enrolling from outside its catchment area. The development of this type of situation can impact negatively on pupils from within the catchment area and who are entitled, as of right, to a place in a particular school. It also invariably impacts negatively on the school or schools to which these pupils should rightly attend and in which considerable capital investment has been made for this purpose. It is a matter for all school authorities, in the context of their enrolment policies, to limit enrolment to within their catchment areas to ensure that such situations do not arise. A school authority may offer places to pupils from outside the catchment area only if it does not have negative repercussions for additional accommodation and or transport costs.

The school planning section of my Department is currently examining educational provision at primary and post-primary level in the Gorey area. Factors under consideration include population growth, demographic trends, current and projected enrolments, recent and planned housing developments and the capacity of existing schools to meet the demand for places. When this examination has been completed, my Department will bring forward plans as to how best the school accommodation needs of the area might be met into the future.

School Accommodation.

David Stanton

Ceist:

578 Mr. Stanton asked the Minister for Education and Science the names of each school in County Wexford which have applied for extra accommodation; and if she will make a statement on the matter. [23548/05]

The information requested is not readily available in my Department. However, I will arrange for the information to be forwarded to the Deputy as soon as possible.

Question No. 579 answered with QuestionNo. 577.

Parliamentary Questions.

Paul Kehoe

Ceist:

580 Mr. Kehoe asked the Minister for Education and Science when this Deputy will receive a reply to Question No. 307 of 22 June 2005; and if she will make a statement on the matter. [23550/05]

The Deputy will appreciate that this information, in the detail required and over the period specified, is not readily available. Every effort will be made to have the material compiled and forwarded to the Deputy in the coming week.

School Accommodation.

Paul Kehoe

Ceist:

581 Mr. Kehoe asked the Minister for Education and Science the action she will take in primary and secondary education to cater for the huge growth in population in Enniscorthy, County Wexford, and the surrounding areas; and if she will make a statement on the matter. [23551/05]

The school planning section of my Department has received a number of applications for additional accommodation from schools in Enniscorthy. In response to these applications the school planning section will shortly undertake a review of provision in the area at both primary and post-primary level. This review will be completed later this year.

If a school has an immediate need for extra accommodation to cater for additional pupils, it can apply to my Department for temporary accommodation.

Question No. 582 answered with QuestionNo. 577.

Special Educational Needs.

Cecilia Keaveney

Ceist:

583 Cecilia Keaveney asked the Minister for Education and Science the position in relation to a review of an application for a special needs assistant for a person (details supplied) in County Donegal; and if she will make a statement on the matter. [23553/05]

Cecilia Keaveney

Ceist:

584 Cecilia Keaveney asked the Minister for Education and Science the position in relation to a review of an application for a special needs assistant for a person (details supplied) in County Donegal; and if she will make a statement on the matter. [23554/05]

I propose to take Questions Nos. 583 and 584 together.

As the Deputy is aware, special needs assistants, SNAs, are assigned to schools to meet the care needs of individual children who have been assessed by a psychologist as needing this type of support.

Applications for SNA support are now dealt with by the National Council for Special Education which processes all applications for support from schools and communicates the decisions directly to the schools. At this stage, the council has dealt with all new applications from schools for SNAs that will be required from the beginning of September 2005.

However, in order to ensure that resources are used in the most effective manner, a review has been conducted in recent months to establish whether primary schools have the level of SNA support that they need for children in their care, whether they have resources which they no longer need or whether they need extra resources.

The review has found that some schools no longer have the care needs for which the SNA was originally sanctioned, that is, in some cases the child may have left the school while in other cases the care needs of the child have diminished as the child has progressed through the school. In this regard, the schools where surplus SNA support was identified have been advised that they may retain this surplus until the end of the current school year.

I can confirm that a review of SNA support has been completed at the school in question. The review has taken account of the level of SNA support currently in place for both pupils referred to by the Deputy. My officials will be communicating the outcome of the review to the school as quickly as possible.

The Deputy will be aware that this Government has put in place an unprecedented level of support for children with special needs. Indeed, since 1998, the number of SNAs has increased from under 300 to over 6,000 nationally. In addition to this, more effective systems, such as the establishment of the National Council for Special Education, have been put in place to ensure that children get support as early as possible.

School Accommodation.

Cecilia Keaveney

Ceist:

585 Cecilia Keaveney asked the Minister for Education and Science the progress which has been achieved for pupils, teachers and education infrastructure from June 2002 to June 2005; and if she will make a statement on the matter. [23555/05]

The increased investment in education since 2002 has allowed major progress to be achieved for pupils and teachers and in the area of education infrastructure since 2002.

While progress has been achieved across a wide range of areas, at first, second and third level, particular areas of priority have been the provision of services for children with special needs and those from disadvantaged areas, increasing access to third level education and modernising our school facilities.

As regards education for children with special needs, the Deputy will be aware that since 2002, the Education for Persons with Special Educational Needs Act has been passed, the National Council for Special Education has been established, 71 local special needs organisers have been recruited and there have been major increases in staffing. Indeed, more than 1,100 extra teachers have been hired in the past year to work directly with primary school children with special needs. There are, in fact, now more than 5,000 teachers and almost 6,000 special needs assistants in our primary schools, catering for the education and care requirements of children with special needs.

A major emphasis has been placed on improving services for children and young people from socio-economically disadvantaged backgrounds. Last month I launched an action plan for educational inclusion. The new plan will mean more support than ever before to help children, involve parents and support teachers in disadvantaged areas so that every child can reach his or her full potential.

The new approach to tackling disadvantage will include better identification of levels of disadvantage in our schools and a single integrated programme of supports for schools with concentrated levels of disadvantage, which will bring together and build upon some ten existing schemes and initiatives. Each school in the programme will benefit from a package of supports, with the highest level of assistance being targeted at young people in the most disadvantaged schools.

Extra supports at primary level will include smaller classes, better supports for children during and outside of school time, targeted supports in the area of literacy and numeracy with a major focus on early intervention, and enhanced professional development for teachers.

At second level, measures will include more guidance counsellors, improved library facilities and greater curricular choice. The action plan will be introduced on a phased basis — starting in the next school year — and will involve an additional annual investment of €40 million on full implementation. It will also involve the provision of some 300 additional posts across the education system.

On third level participation among students from disadvantaged areas, I would like to point out the major increase in the level of the top-up grant since it was introduced in 2002. The maximum level of maintenance payable in 2005, including top-up, will be €5,355, compared to €4,000 in 2002 and compared to a maximum grant payment of just €2,032 in 1997. More than 11,000 students are benefiting from the top-up grant this year.

Unprecedented resources have been provided in recent years for the school buildings and modernisation programme. Between the start of 2002 and the end of 2004 over 220 large-scale primary and post-primary building projects were completed throughout the country. During this period, my Department also sanctioned 4,927 grants for small scale building works including grants for the purchase of furniture and equipment in schools. A further 130 large scale building projects are due to be completed this year. Nearly €500 million will be spent on school building projects in 2005, which includes: 122 large-scale projects to proceed to tender and construction over a 12 to 15-month period; over 170 schools to benefit under devolved initiatives to provide permanent accommodation solutions to the needs of small primary schools and those schools in need of additional classroom accommodation; over 740 schools to benefit with refurbishment works on a devolved basis under the summer works scheme; and design work commencing on large scale projects at 43 schools and progressing at a further 124 schools. These are just some of the areas in which major progress has been made since 2002.

Special Educational Needs.

Cecilia Keaveney

Ceist:

586 Cecilia Keaveney asked the Minister for Education and Science the position in relation to the development of the cross-Border centre of excellence for autism in Armagh; and if she will make a statement on the matter. [23559/05]

The joint launch last September by my predecessor and the Minister with responsibility for education in Northern Ireland of the Middletown Centre for Autism marked the successful completion of the purchase of the former St. Joseph's Adolescent Centre, Middletown, County Armagh, on behalf of the Department of Education in the North and the Department of Education and Science in the South. Both Departments plan to refurbish the property to meet the needs of a centre of excellence for children and young people with autism throughout the island of Ireland. The centre will be dedicated to improving and enriching the educational opportunities of children and young people with autistic spectrum disorders.

Four key services will be provided by the centre: a learning support service, on a residential basis; an educational assessment service, a training and advisory service; and an autism research and information service.

Since the launch, my officials have had a number of meetings with their counterparts in Northern Ireland regarding the further development of the centre. A number of working groups are continuing to address the legal, financial, organisational and infrastructural aspects of the proposal. For example, work is continuing on the development of a campus masterplan for the Middletown property which, when complete, will guide the commissioning of any necessary infrastructure and refurbishment works. At this stage it is anticipated that the centre will be operational by autumn 2006.

Schools of Music.

Cecilia Keaveney

Ceist:

587 Cecilia Keaveney asked the Minister for Education and Science the position in respect of progress on the Cork School of Music project; and if she will make a statement on the matter. [23560/05]

I refer the Deputy to my reply to Question No. 710 of 28 June 2005.

I am happy to provide the Deputy with information on the recent progress made on this project. On 3 December 2004, Jarvis, which was appointed preferred bidder for the Cork School of Music project, announced that it had reached agreement with Hochtief Developments (UK) Ltd to purchase the PPP bidding arm of its business. Following the announcement, various issues surrounding the purchase were being completed and a revised proposal and documentation in connection with the project were received on 19 January 2005.

As Hochtief had replaced Jarvis as the main member of the bidding consortium it had to satisfy the Department that had it applied under the terms of the original PPP advertised in 2000 it would have been one of the consortiums that pre-qualified for the project. In addition to satisfying the pre-qualification conditions and in advance of any formal contract negotiations, in recent months my Department's specialist advisers to the project had to undertake a full financial and legal due diligence to ensure that the new proposal met all EU procurement guidelines. Part of the due diligence process included contact with the relevant section of the EU Commission for clarification and advice on the procurement issue surrounding the change to the bidding consortiums.

Formal detailed contract negotiations are now at an advanced stage and, subject to the satisfactory completion of these negotiations, I expect to be in a position to make an announcement on the project in the near future.

Special Educational Needs.

Liam Aylward

Ceist:

588 Mr. Aylward asked the Minister for Education and Science if, in view of the additional posts in primary schools for resource teaching hours, special needs assistants will be approved for persons (details supplied) in County Kilkenny; and if she will make a statement on the matter. [23562/05]

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

A total of 71 special educational needs organisers, SENOs, have been recruited throughout the country and are a focal point of contact for schools and parents. My officials have been advised by the NCSE that no formal application for special educational needs supports has been received from the school authorities for the pupils referred to by the Deputy. However, the local SENO is familiar with the pupils in question and is of the opinion that both pupils fall within the high incidence disability categories and their needs, therefore, can be catered for from within the school's general teaching allocation.

The general allocation for the school in question is 12.5 part-time hours. It is a matter for each school to determine the pupils with high incidence special education and learning support needs that will receive this support. Each school will have enough resource teaching hours to provide its pupils with a level of support appropriate to their needs. The school can then use its professional judgment to decide how these hours are divided between different children in the school, to ensure that all their needs are met. Research shows that some children with special needs will respond better with one to one tuition. Others, however, do better when taught in small groups. Often it is best for resource teachers to work with children in the classroom rather than taking them away to a separate room, as the children then have to catch up work done by the rest of the class in their absence. The point is that the type of response needed depends on the child.

Education Schemes.

Brendan Howlin

Ceist:

589 Mr. Howlin asked the Minister for Education and Science if her Department has received a letter dated 17 June 2005 from the principal of a school (details supplied) in County Wexford; her views on whether the contents of the letter have the most serious implications for continuity of educational provision in the town in which the school is situated; if she will accede to the request for an urgent meeting between this school’s board of management and officials of her Department; if resources required to maintain this school in operation will be provided by her Department; and if she will make a statement on the matter. [23563/05]

I can confirm that my officials have received a copy of the letter referred to by the Deputy. The contents of the letter have been noted and arrangements will be made by my officials to contact the school authorities directly to discuss the issues of concern.

Special Educational Needs.

Finian McGrath

Ceist:

590 Mr. F. McGrath asked the Minister for Education and Science if an educational service will be funded for a person (details supplied) at Bangor in Wales; and if she will work closely with all relevant Departments in providing top quality education services here for pupils with autism. [23564/05]

Caoimhghín Ó Caoláin

Ceist:

592 Caoimhghín Ó Caoláin asked the Minister for Education and Science if she plans to exercise the powers of her office and approve, with immediate effect, the placement of a person (details supplied) at the autism specific facility at Bangor, Wales; and if she will make a statement on the matter. [23572/05]

I propose to take Questions Nos. 590 and 592 together.

I wish to advise the Deputies that my officials have worked closely with the Health Service Executive, HSE, northern area, to develop an appropriate placement for the person in question. This placement, at the Woodlawn centre in north Dublin, has met with the approval of the High Court and remains available to the person, should his parents be willing to consider sending him there. I believe that the care plan which has been offered by the State, is the best option for this young man, as it will meet the totality of his needs, by providing an integrated educational and health related support service to him on a residential basis.

The Woodlawn centre provides assessment, care, rehabilitation and education for individuals who have both a learning disability and other difficulties such as behavioural problems. An individual education plan will be drawn up to meet the young man's needs and will be delivered by a specialist teacher with the support of the special needs assistant. I understand from the HSE that a person centred plan to provide for his care needs will also be drawn up and will be delivered by the appropriate support staff at Woodlawn. He will also have access to occupational therapy and speech and language therapy.

My officials remain committed to working with the family to ensure a positive outcome. On the quality of autism services available generally, the Deputies are aware that every effort is made to ensure that children with special educational needs, including autism receive an education appropriate to their needs. Decisions regarding the most appropriate model of response in each particular case are based on the professionally assessed needs of the individual child. Current provision for pupils with autism include 146 special classes for children with autism attached to special schools and mainstream schools have been created; 14 pre-school classes for children with autism have been established; 10 autism facilities, some of which are providing an applied behavioural analysis model of response to children with autism are being funded; and five special classes for children with Asperger's syndrome have been created.

All such classes operate at a pupil teacher ratio of 6:1 with the support of a minimum of 2 special needs assistants. The level of resource teaching support provided to pupils with autism attending mainstream primary schools is based on the professionally assessed needs of the individual child. In general, such pupils would be eligible for five hours resource teaching support. In addition, my Department sanctions home tuition grants for children with autism for whom a home-based applied behavioural analysis, ABA, programme is considered appropriate or in cases where such children are awaiting an appropriate school placement.

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 and in particular it is responsible for the following: deciding on applications for resource teaching hours in respect of children with low incidence disabilities with special educational needs at primary level; deciding on applications for additional teaching support in respect of children with disabilities with special educational needs at second level; deciding on applications for special needs assistant, SNA, hours; and processing applications for school placement in respect of children with disabilities with special educational needs.

Under the new arrangements, the council, through the local special educational needs organiser, SENO, will process the relevant application for resources and inform the school of the outcome. It is important to note that in the case of decisions on resource teaching and SNAs, the SENO will outline the process to the school and parents, where appropriate, and will at the end of the process outline the basis on which the decision was made.

I am confident that the advent of the NCSE will prove of major benefit in ensuring that all children with special educational needs, including those in the area referred to by the Deputy, receive the support they require, when and where they require it. My Department is continuing to prioritise the development of the network of special educational provision for children with special needs, including those with autism, and I believe that the steps taken in recent years and those currently in hand represent significant progress in the development of those services. It is my intention that my Department will continue to work closely with the Department of Health and Children in developing services for children with autism.

School Accommodation.

Caoimhghín Ó Caoláin

Ceist:

591 Caoimhghín Ó Caoláin asked the Minister for Education and Science if her attention has been drawn to the situation in Raheny, Dublin 5, regarding a crèche and a school (details supplied) in respect of the lack of classroom space; and if adequate classroom space will be provided in order that the crèche is not obliged to close. [23565/05]

The use of school facilities for educational purposes should always take precedence over other activities. My Department is spending nearly €500 million on school building and modernisation works this year, but even with this unprecedented level of investment, requests for extra accommodation must be prioritised. It is simply not feasible for the Department to fund the provision of additional classrooms in a school when there is already accommodation on site which could be used for this purpose.

A new initiative was announced last week by the Minister for Justice, Equality and Law Reform to provide funding for child care services in school facilities. I suggest that the creche provider contact the Department of Justice, Equality and Law Reform to see if any support is available for them. The board of management of the school in question is ultimately responsible for making decisions regarding the use of school facilities, but must naturally prioritise the school's needs for classroom space over the needs of other services that are only provided in a school while there is spare accommodation.

Question No. 592 answered with QuestionNo. 590.

Olwyn Enright

Ceist:

593 Ms Enright asked the Minister for Education and Science her Department’s plans to provide permanent accommodation for a school (details supplied) in County Kildare; if her attention has been drawn to the fact that this school has no premises for the year 2005-06 due to the sale of a premises which it was renting; and if she will make a statement on the matter. [23573/05]

Olwyn Enright

Ceist:

594 Ms Enright asked the Minister for Education and Science if her Department will consider allowing a school (details supplied) in County Kildare the use of a building close to its current location and which is currently empty and owned by her Department; and if she will make a statement on the matter. [23574/05]

I propose to take Questions Nos. 593 and 594 together.

The school to which the Deputy refers opened with provisional recognition from my Department in September 2004. During the period of provisional recognition, it is the responsibility of the school patron to provide interim accommodation. This accommodation must be capable of fully meeting the needs of the developing school until permanent recognition has been secured and my Department is in a position to acquire a site and provide a permanent school building.

Officials in the planning section of the Department are currently examining the question of the best possible use for the premises on the site of the former Sunday school. This examination will have regard to both the level and type of current and anticipated demand for primary and post primary educational provision in the Newbridge area.

School Staffing.

Olwyn Enright

Ceist:

595 Ms Enright asked the Minister for Education and Science if she will allocate additional teaching hours to a school (details supplied) in County Kildare under curricular concessions or under the additional provision for teachers in all Irish schools; and if she will make a statement on the matter. [23575/05]

Teacher allocations to second level schools are approved annually by my Department in accordance with established rules based on recognised pupil enrolment. Each school management authority is required to organise its teaching timetable and subject options having regard to pupils needs within the limit of its approved teacher allocation.

The rules for allocating teaching resources provide that where a school management authority is unable to meet its curricular commitments within its approved allocation, my Department will consider applications for additional short term support. The school referred to by the Deputy applied for curricular concessions for the 2005-06 school year but following consideration of the application was not granted any further allocation.

An independent appeals committee is available to school authorities who wish to appeal the adequacy of their teacher allocation. The school in question appealed to this committee and has been granted 0.50 whole-time equivalent posts. Decisions of the appeals committee are final.

Vocational Education Committees.

John Perry

Ceist:

596 Mr. Perry asked the Minister for Education and Science the reason a club (details supplied) received no funding and CURA received funding in the region of €600,000 with regard to funding through her Department to the VEC; and if she will make a statement on the matter. [23577/05]

The Pioneer Total Abstinence Association has contacted my Department with a proposal regarding youth work. This proposal is under consideration. I am aware that the Kilkenny branch of the association received a small grant in 2003 under the local youth club grant scheme, a small scale scheme administered on behalf of the Department by the VECs.

Departmental Correspondence.

Gay Mitchell

Ceist:

597 Mr. G. Mitchell asked the Minister for Education and Science further to Parliamentary Question No. 737 of 14 June 2005; if she will address the issues raised with an official of her Department; and if she will make a statement on the matter. [23922/05]

The information provided by the Deputy essentially relates to the disadvantaged status of the school and the introduction of the general allocation system for children with special educational needs.

I can confirm that the school referred to by the Deputy is included in the urban dimension of my Department's Giving Children an Even Break programme aimed at combating educational disadvantage. The school receives additional financial resources to provide educational supports to be targeted at disadvantaged pupils. The action plan for educational inclusion, Delivering Equality of Opportunity in Schools, DEIS, which I launched recently provides for a standardised system for identifying levels of disadvantage and a new integrated school support programme, SSP, which will bring together and build upon, a number of existing interventions for schools with a concentrated level of disadvantage.

The action plan will be introduced on a phased basis — starting in the next school year — and will involve an additional annual investment of €40 million on full implementation. It will also involve the provision of some 300 additional posts across the education system.

A key element of this action plan is the better identification of levels of disadvantage in our schools, which will result in improved targeting of resources at those most in need. The first stage of the identification process, which is being conducted on behalf of the Department by the Educational Research Centre, is already underway. Questionnaires issued to all mainstream primary schools, including the school to which the Deputy refers and were due to be returned to the ERC by 31 May 2005. The identification process is being supported by an advisory group which includes representation from the INTO and the Irish primary principals' network. Approximately 600 primary schools comprising 300 urban, 300 rural and 150 post primary schools will be included in the school support programme. Existing schemes and programmes will be integrated into the school support programme on a phased basis over the implementation period.

As the Deputy is aware, a new general allocation scheme has been announced under which schools will be provided with resource teaching hours, based on their enrolment figures, to cater for children with high incidence special needs such as dyslexia and those with learning support needs. The introduction of this 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.

The general allocation for the school in question is 10 part-time hours. In addition, the school may be entitled to retain part-time hours under transitional arrangements to cater for the needs of individual pupils with high incidence special needs until such time as these pupils leave the school. I can also confirm that the school's resource teaching allocation under the new scheme is based on its status as a small mixed school, that is, the first post is allocated at 105:1. Schools whose allocations are based on 80:1 are those disadvantaged schools that are specifically eligible for additional staffing under the urban dimension of the Giving Children an Even Break scheme. The school is not eligible for such additional staffing and so does not qualify for the special 80:1 ratio for resource teacher allocation. The Department has received direct correspondence from the school in question on its general allocation and this is currently being examined by my officials.

School Transport.

Damien English

Ceist:

598 Mr. English asked the Minister for Education and Science if her Department will give permission to a person (details supplied) in County Meath to travel on the school bus transport system; and if she will make a statement on the matter. [23923/05]

My Department understands that the pupil referred to by the Deputy in the details supplied has only recently enrolled in the school in question. The pupil is not eligible for school transport to that school because she resides nearer to another school. The pupil may avail of concessionary fare-paying transport to the school in which she has enrolled subject to the written agreement of the board of management of the nearest school and provided there is a spare seat available on the school bus.

Schools Building Projects.

Damien English

Ceist:

599 Mr. English asked the Minister for Education and Science the position regarding a school (details supplied) in County Meath; if she will review its case with a view to granting increased funding for this much needed project; and if she will make a statement on the matter. [23924/05]

As part of the expansion of the devolved scheme 2005 for primary school building works a grant of €440,000 was sanctioned to enable the management authorities of the school in question to provide additional permanent accommodation. The initiative allows boards of management to address their accommodation and building priorities with a guaranteed amount of funding and gives them control of the building project.

My Department does not intend increasing the amount of the grant offered to the school. This is because a central tenet of the devolved scheme is that the school, granted discretion and funding, must equally accept responsibility for prioritisation, adherence to statutory regulations, control of costs, and ensuring value for money.

Paddy McHugh

Ceist:

600 Mr. McHugh asked the Minister for Education and Science the position in respect of a project (details supplied) in County Galway; the reason for the delay in commencing construction works; the action she is taking to rectify the situation; when works will commence on this project; and if she will make a statement on the matter. [23925/05]

The design work on the project, referred to by the Deputy, had been completed and tenders for the construction of the building advertised. However the matter could not be progressed further pending resolution of legal issues regarding the site.

The site for the school is being acquired by my Department under the terms of the Residential Institutions Redress Act 2002. The Department has accepted in principle a site which was offered under the terms of the property aspect of the indemnity agreement between the State and 18 religious congregations dated 5 of June 2002. I assure the Deputy that the provision of the new school building will be progressed as soon as the legal issues have been resolved.

Higher Education Grants.

John Cregan

Ceist:

601 Mr. Cregan asked the Minister for Education and Science the situation in relation to the basis of calculation of eligibility for third level maintenance grants; if income is that recorded on the P60 form; if allowance is made for outgoings, for example, mortgage payments; if not, the reason therefor; if she will consider a change or alteration in the basis by basing eligibility on net rather than gross payments (details supplied); and if she will make a statement on the matter. [23926/05]

The assessment of means under my Department's third level student maintenance grant schemes is based on gross income from all sources, with specified social welfare and health board payments being excluded from the calculation.

Under the schemes reckonable income is defined as income from employment or pensions; self-employment or farming; rent and income from land or property; deposit or investment accounts; maintenance arrangements; gifts, inheritances and disposal of assets and rights; and social welfare, in certain circumstances.

I have no plans at present to depart from the above practice in respect of the determination of income.

Schools Building Projects.

John Cregan

Ceist:

602 Mr. Cregan asked the Minister for Education and Science if she will examine a case (details supplied). [23927/05]

Officials in the school planning and building section of my Department are aware of the issue raised by the Deputy pertaining to the school in question. This matter is currently being examined and the school authority will be notified when a decision is made.

Special Educational Needs.

Paul Kehoe

Ceist:

603 Mr. Kehoe asked the Minister for Education and Science if approval has been given for a saplings model school for children with autism in Carlow town; the conditions attached to same; the meaning of project status for the school; if a building programme can be undertaken while the school is still on project status; and the level of funding for the project. [23928/05]

The school to which the Deputy refers has been given provisional recognition by the Department. The school is required to complete three years under provisional recognition before applying for permanent recognition. If the school is given permanent recognition it can then apply for a permanent building under the Department's capital programme.

Gerard Murphy

Ceist:

604 Mr. G. Murphy asked the Minister for Education and Science if one to one resource teaching will be given to a person (details supplied) in County Cork. [23929/05]

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

A total of 71 special educational needs organisers, SENOs, have been recruited throughout the country and are a focal point of contact for schools and parents. My officials have been advised by the NCSE that no application for SEN supports for the pupil referred to by the Deputy has been made to the SENO. It is open to the school to contact the SENO directly regarding any special education needs that the pupil may have.

Schools Building Projects.

Gerard Murphy

Ceist:

605 Mr. G. Murphy asked the Minister for Education and Science when works will begin on a school (details supplied) in County Cork. [23930/05]

An application for a new school has been received from the management authorities of the school referred to by the Deputy and has been assessed in accordance with the published prioritisation criteria, which was revised following consultation with the education partners.

The proposed project at the school referred to will be considered in the context of the school building and modernisation programme 2005-09.

Special Educational Needs.

Gerard Murphy

Ceist:

606 Mr. G. Murphy asked the Minister for Education and Science if one to one resource teaching will be given to a person (details supplied) in County Cork. [23931/05]

As the Deputy is aware, a new scheme for allocating resource teachers to schools to cater for the needs of children with high incidence special needs and learning support needs was announced last month. The reason for the new scheme is simple. Children with special needs such as dyslexia or mild learning difficulties are found in almost every school. It makes sense then that every school should have a number of resource teaching hours based on the number of pupils in the school.

This is a major improvement on the previous system, under which children with high incidence special needs required psychological assessments before they were given resource teaching hours by the Department. This was a time consuming process that often led to delays in children getting the support they needed. Resource teachers will now be in place in the school from the start of the school year, so that children who need their assistance can get it immediately.

I confirm that, according to my Department's records, the pupil referred to by the Deputy falls within the high incidence disability categories. This information is based on a census completed by the school authorities in 2003 and his needs, therefore, can be catered for from within the school's general allocation.

The general allocation for the school in question is 17.5 part-time hours. It is a matter for each school to determine the pupils with high incidence special education and learning support needs that will receive this support. Each school will have enough resource teaching hours to provide its pupils with a level of support appropriate to their needs. The school can then use its professional judgment to decide how these hours are divided between different children in the school to ensure all their needs are met. I stress that there is nothing to stop the school from allocating one to one resource teaching to this pupil if it believes this is the best type of support to meet his needs.

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

A total of 71 special educational needs organisers, SENOs, have been recruited throughout the country and are a focal point of contact for schools and parents. It is open to the school authorities to formally make an application for SEN supports for the pupil in question should he be assessed as having a lower incidence disability.

Student Support Schemes.

Mary Upton

Ceist:

607 Dr. Upton asked the Minister for Education and Science, further to Parliamentary Questions Nos. 149 of 14 April 2005 and 397 of 26 April 2005, the position on this matter. [23932/05]

My Department is continuing its examination of the issues raised with regard to the eligibility of certain students for student support in respect of the person's attendance at the barrister-at-law degree course at King's Inns and related courses. This examination is expected to be completed in the coming weeks and I will advise the Deputy of the outcome.

Special Educational Needs.

Michael Ring

Ceist:

608 Mr. Ring asked the Minister for Education and Science the category of a school (details supplied) in County Mayo in respect of special needs; the reason the school is not categorised as disadvantaged; the further reason there has been a reduction in its special needs resource hours; the number of resource hours it has had for the past three years; and the resource hours it will receive from September 2005. [23933/05]

The school to which the Deputy refers is included in the rural dimension of my Department's Giving Children an Even Break programme aimed at combating educational disadvantage. The school receives additional financial resources to provide educational supports to be targeted at disadvantaged pupils.

As the Deputy is aware, a new scheme for allocating resource teachers to schools to cater for the needs of children with high incidence special needs and learning support needs, was announced last month. The reason for the new scheme is simple. Children with special needs such as dyslexia or mild learning difficulties are found in almost every school. It makes sense then that every school should have a number of resource teaching hours based on the number of pupils in the school.

This is a major improvement on the previous system, under which children with high incidence special needs required a psychological assessment before they were given resource teaching hours by the Department. This was a time consuming process that often led to delays in children getting the support they needed. Resource teachers will now be in place in the school from the start of the school year so that children who need their assistance can get it immediately.

Under the new arrangement, disadvantaged schools, boys schools and mixed schools get extra resources, as research shows that pupils in these schools are more likely to have learning difficulties. Furthermore, under the new model a new ratio has been introduced for small schools, with a lower appointment ratio for the first full post for each type of small school.

The general allocation for the school in question is 17.5 part-time hours based on an enrolment of 71. The school's resource teaching allocation under the new scheme is based on its status as a small mixed school, that is, the first post is allocated at 105:1. Schools whose allocations are based on 80:1 are those disadvantaged schools that are specifically eligible for additional staffing under the urban dimension of the Giving Children an Even Break Scheme. The school in question is not eligible for such additional staffing and so does not qualify for the special 80:1 ratio for resource teacher allocation.

It is a matter for each school to determine the pupils with high incidence special education and learning support needs who will receive this support. Each school will have enough resource teaching hours to provide its pupils with a level of support appropriate to their needs. In this regard, it should be noted that my Department has recently been informed by this school that six pupils who had individual allocations under the previous system have either left the school at this stage or will be leaving at the end of this school year.

Paul Kehoe

Ceist:

609 Mr. Kehoe asked the Minister for Education and Science the learning support a person (details supplied) in County Wexford will receive when the school term resumes in September 2005; and if she will make a statement on the matter. [23934/05]

Paul Kehoe

Ceist:

610 Mr. Kehoe asked the Minister for Education and Science the learning support a person (details supplied) in County Wexford will receive when the school term resumes in September 2005; and if she will make a statement on the matter. [23935/05]

Paul Kehoe

Ceist:

611 Mr. Kehoe asked the Minister for Education and Science the learning support which a person (details supplied) in County Wexford will receive when the school term resumes in September 2005; and if she will make a statement on the matter. [23936/05]

I propose to take Questions Nos. 609 to 611, inclusive, together.

As the Deputy is aware, a new scheme for allocating resource teachers to schools to cater for the needs of children with high incidence special needs and learning support needs was announced last month. The reason for the new scheme is simple. Children with special needs such as dyslexia or mild learning difficulties are found in almost every school. It makes sense then that every school should have a number of resource teaching hours based on the number of pupils in the school.

This is a major improvement on the previous system, under which children with high incidence special needs required a psychological assessment before they were given resource teaching hours by the Department. This was a time consuming process that often led to delays in children getting the support they needed. Resource teachers will now be in place in the school from the start of the school year, so that children who need their assistance can get it straight away.

The general allocation for the school in question is 2.5 part-time hours based on an enrolment of 15. It is a matter for each school to determine the pupils with high incidence special education and learning support needs who will receive this support. Each school will have enough resource teaching hours to provide its pupils with a level of support appropriate to their needs.

The school can then use its professional judgment to decide how these hours are divided between different children in the school, to ensure that all their needs are met. Research shows that some children with special needs will respond better with one-to-one tuition. Others, however, do better when taught in small groups. Often it is best for resource teachers to work with children in the classroom rather than taking them away to a separate room, as the children then have to catch up work done by the rest of the class in their absence. The point is that the type of response needed depends on the child.

Schools Building Projects.

Olwyn Enright

Ceist:

612 Ms Enright asked the Minister for Education and Science the progress in regard to the funding available to a new school (details supplied) in County Cork; the next step in the school’s progress. [23937/05]

I am pleased to inform the Deputy that 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. The building project is at an early stage of architectural planning, stage 1 — initial sketch scheme received. The stage submission is currently with the Department and will be assessed by the Department's staff in due course. When this analysis is complete the school building section will be in contact with 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.

Enda Kenny

Ceist:

613 Mr. Kenny asked the Minister for Education and Science the amount of her Department’s budgetary allocation for 2004; the amount of this allocation which was returned to the Department of Finance at year’s end; the Vote head from which such returned allocations were derived; and if she will make a statement on the matter. [23984/05]

My Department's net allocation for 2004 was €6,454,881,000. The provisional surplus for 2004 is €145.2 million. Of this sum, €50 million relates to unspent capital moneys which were carried forward into 2005 and have subsequently been spent. Of the €95 million returned to the Department of Finance in 2004, €45 million of this was made up of ESF receipts received late in the year. As the ESF receipts had not been received by late in the year, my Department prudently sought a supplementary Estimate to cover the possibility that these might not be received before year end to avoid an overspend in the Department's accounts for the year. When the ESF receipts came through before year end in 2004 they were then passed on to the Department of Finance.

As the Deputy will be aware, the point of the Supplementary Estimates process is to provide Oireachtas approval for whatever additional funding is required to avoid an excess, such as in circumstances in which expected ESF receipts might not arrive before year end. A further €17 million of the €95 million returned to the Department of Finance in 2004 is made up of other appropriations-in-aid. The latter are receipts which arise in the normal course of a Department's ordinary business and may be retained by it to meet expenditure. Aside from ESF receipts, appropriations-in-aid can include pension contributions and rentals and proceeds from certain sales.

As the Deputy will be aware, the Oireachtas applies specific amounts of appropriations-in-aid to each Vote on an annual basis and these amounts are authorised in the annual Appropriations Act. If appropriations-in-aid in any one year exceed the amount provided for in an Estimate, the surplus cannot be used for additional expenditure and must be surrendered to the Exchequer unless the prior approval of the Dáil has been obtained by means of a Supplementary Estimate. Failure to secure prior Dáil approval will involve an excess Vote. It was not, therefore, available to my Department to spend these moneys. In effect, the real level of surrender for 2004 was, accordingly, about €33 million or 0.5% of the net allocations. The net surrender takes account of underspends and overspends throughout the Vote.

In looking at the real level of surrender for 2004, which I am sure the Deputy will accept is very low, it is important to remember some expenditure in my Department is necessarily demand led. The eventual cost of demand led expenditure items such as pensions or the student support schemes in a given year, for example, is obviously impossible to estimate with absolute accuracy at the start of the year. Taking all this into account, it is clear that my Department's actual expenditure was extremely close to that estimated for as a result of strong financial management procedures.

The Deputy should note that at this point in time in the year the figures given above are provisional pending completion of the audit by the Comptroller and Auditor General. His report and completed appropriation accounts will contain the final details on all sub heads and is scheduled to be published this coming September.

Schools Building Projects.

Gerard Murphy

Ceist:

614 Mr. G. Murphy asked the Minister for Education and Science the stage of development of a new school (details supplied) in County Cork. [23991/05]

Before committing significant capital resources to the planned new school, it is essential to confirm that the provision of a new second level school in the area is absolutely warranted. To consider the matter thoroughly, a review of second level provision in the area has been initiated in consultation with the school authority. This review will take into account factors such as current and projected pupil numbers at the school, the likely impact of housing developments and existing provision in the general area. A decision will then be taken on how best to provide for current and emerging needs.

Education Schemes.

Róisín Shortall

Ceist:

615 Ms Shortall asked the Minister for Education and Science if her attention has been drawn to the cessation of a transition year awards scheme (details supplied); and if, in view of the success of this scheme, she has plans for its replacement. [23992/05]

Having attended the Form and Fusion awards on a number of occasions and seen the excellent creative work of the students involved in the competition, I was disappointed to learn that the sponsor of this year's awards has decided not to continue its sponsorship for next year. While my Department would not be in a position to sponsor the competition, I hope that another sponsor will come forward to ensure this valuable venture can continue.

Special Educational Needs.

Denis Naughten

Ceist:

616 Mr. Naughten asked the Minister for Education and Science the number of rural primary schools nationwide which have lost permanent resource teaching positions as a result of the changes announced in special education at primary level in the DES circular NCSE 01/05. [23993/05]

Denis Naughten

Ceist:

617 Mr. Naughten asked the Minister for Education and Science the number of rural primary schools in County Roscommon which have lost permanent resource teaching positions as a result of the changes announced in special education at primary level in the DES circular NCSE 01/05. [23994/05]

Denis Naughten

Ceist:

618 Mr. Naughten asked the Minister for Education and Science the number of primary school children in the two-year period, 2003 to 2005, who, following psychological assessment, were deemed eligible for one to one resource support but have not had their applications sanctioned pending a review of the system; and if these applications for one to one support are now invalid according to the regulations of Department circular NCSE 01/05. [23995/05]

Denis Naughten

Ceist:

619 Mr. Naughten asked the Minister for Education and Science the number of primary school children in County Roscommon in the two-year period, 2003 to 2005, who, following psychological assessment, were deemed eligible for one to one resource support but have not had their applications sanctioned pending a review of the system; and if these applications for one to one support are now invalid according to the regulations of Department circular NCSE 01/05. [23996/05]

I propose to take Questions Nos. 616 to 619, inclusive, together.

The specific information requested by the Deputy on the number of rural primary schools in County Roscommon and nationwide that have lost permanent resource teaching support is not readily available in my Department. Circular 01/05 refers to the establishment of the National Council for Special Education, NCSE. The NCSE became operational from 1 January 2005 and is responsible for processing applications for special educational needs, SEN, supports in primary schools and special schools.

The Deputy will also be aware that a new scheme for allocating resource teachers to schools to cater for the needs of children with high incidence special needs and learning support needs, was announced last month. The reason for the new scheme is simple. Children with special needs such as dyslexia or mild learning difficulties are found in almost every school. It makes sense then that every school should have a number of resource teaching hours based on the number of pupils in the school.

This is a major improvement on the previous system, under which children with high incidence special needs required a psychological assessment before they were given resource teaching hours by the Department. This was a time consuming process that often led to delays in children getting the support they needed. Resource teachers will now be in place in the school from the start of the school year so that children who need their assistance can get it immediately.

Under the new arrangement, disadvantaged schools, boys schools and mixed schools get extra resources because research shows that pupils in these schools are more likely to have learning difficulties.

To ensure that every school has enough resource teaching hours to meet the needs of its pupils, an extra 660 resource teaching posts are being put in place for next September. Of these, 340 are permanent posts and 320 are temporary posts being provided to ensure children who had been given an individual allocation of resource teaching hours by my Department will keep these in circumstances in which the general allocation to the school would not be sufficient to allow the school to provide these hours from within its general allocation.

The provision of these temporary posts will ensure that no child who has been allocated a specific number of hours with a resource teacher by my Department will lose these under the new arrangements. The reality is that the majority of schools are gaining resource teaching hours under the new scheme. Addressing the concerns of small and rural schools was, as the Deputy will be aware, the reason I initiated a review of the original general allocation model which had been announced last year to come into effect in the 2005-06 school year. Following this review, a special improved ratio for small schools has been introduced to ensure they are given resource teaching hours on a more favourable basis.

I confirm for the Deputy that where a pupil has a high incidence disability, that is, mild or borderline mild general learning disability, dyslexia or a learning support need, these needs will now be catered for from within the general allocation system recently announced to schools. Any pupils within these categories for whom applications were previously submitted to my Department now fall to be catered for from within this allocation. The school can use its professional judgment to decide how these hours are divided between different children in the school to ensure all their needs are met.

Research shows that some children with special needs will respond better with one to one tuition. Others, however, do better when taught in small groups. Often, it is best for resource teachers to work with children in the classroom rather than taking them away to a separate room, as the children then have to catch up work done by the rest of the class in their absence. The point is that the type of response needed depends on the child. While the new scheme will not prevent schools from giving one to one time with the resource teacher to children who need it, it is important to note that one to one teaching is not the best option for every child.

It is also the case that pupils with lower incidence special needs, such as autism, will continue to be catered for on an individual application basis. As of next September there will be over 5,000 teachers in our primary schools working directly with children with special needs, including those requiring learning support. This compares to under 1,500 in 1998. Indeed, one out of every five primary school teachers is now working specifically with children with special needs.

The Government is deeply committed to improving services for children with special needs. In addition to the massive increase in resource teachers in recent years, the introduction of this new general allocation scheme will ensure a faster and more flexible response for children with special educational needs.

Third Level Institutions.

John Cregan

Ceist:

620 Mr. Cregan asked the Minister for Education and Science the number of medical students per year admitted to universities or institutions here; the breakdown between Irish and European Union nationals and non-EU nationals; if, in view of the shortage of Irish doctors, the numbers will be increased; and if she will report on the matter. [24004/05]

The figures for the new entrants to the medical schools in Ireland for the 2003-04 academic year can be seen in the following table. As the Deputy will be aware, a working group on undergraduate medical education and training, representative of education and health interests, has been reviewing the organisation and delivery of medical training and education in Ireland. I anticipate that the full report of the working group will be available shortly and it is my intention to consider the broad range of recommendations that are expected, in consultation with my colleague, the Tanáiste and Minister for Health and Children. The question of increasing the numbers of places available in medical schools will be reviewed in this context.

New Entrants to Year 1 and Year 2 of Medicine courses by Origin for the academic year 2003/04 (census date March 04).

Year 1

Year 2

Total

Ireland

OtherEU

NonEU

Total

Ireland

OtherEU

NonEU

Total

Ireland

OtherEU

NonEU

Total

UCD

80

5

20(7 PMC)

105

17

0

86(42 PMC)

103

97

5

106(49 PMC)

208

UCC

59

2

61

122

0

0

0

0

59

2

61

122

TCD

54

3

15

72

1

0

39

40

55

3

54

112

NUIG

53

2

21

76

0

0

24

24

53

2

45

100

RCSI

8

2

115

125

17

2

96

115

25

4

211

240

Total

254

14

232

500

35

2

245

282

289

16

477

782

Note 1: PMC Penang is included in these figures but separately identified in brackets.
Note 2: UCD Year 1 means 1st Year of a six year programme, Year 2 means 1st Year of a five year programme.
Note 3: UCC All students go into Year 1 of a 5 year programme.
Note 4: Origin is based on fee status

Departmental Expenditure.

Brian O'Shea

Ceist:

621 Mr. O’Shea asked the Minister for Education and Science the amount her Department has spent to date in 2005 on the implementation of the provisions of the Official Languages Act 2003; her estimate of the amount which her Department will spend on the implementation of the Official Languages Act 2003 for the full year in 2005; and if she will make a statement on the matter. [24018/05]

To date, my Department has spent €44,310.68 on English-Irish translation services. Not all of this is attributable to the Official Languages Act as under section 10, the type of documents which must be published in the Irish and English language simultaneously include the following: any document setting out public policy proposals; annual reports; audited account or financial statements; and strategy statements.

Aside from its statutory obligations under the 1998 Education Act, my Department is conscious of its Irish-speaking customer base. Traditionally, documents such as circulars, application forms and reports have always been available in both languages. For this reason, it is not possible to separate out from the €44,310.68, the exact amount that is attributable to the Official Languages Act alone.

For the remaining six months of the year, the estimate of costs includes both translation services and a language skills training programme for administrative staff and will be in the region of €55,000.

School Transport.

Paul Nicholas Gogarty

Ceist:

622 Mr. Gogarty asked the Minister for Education and Science the amount of funding spent annually on school transport for primary pupils with and without special needs; the proportion of this spent on students accessing Dublin schools; and if she will make a statement on the matter. [24027/05]

Paul Nicholas Gogarty

Ceist:

623 Mr. Gogarty asked the Minister for Education and Science the amount of funding spent annually on school transport for second level pupils with and without special needs; the proportion of this spent on students accessing Dublin schools; and if she will make a statement on the matter. [24028/05]

I propose to take Questions Nos. 622 and 623 together.

The total expenditure on school transport services in 2004 was €109.845 million. The actual divide of expenditure between the primary and post-primary sectors, or by county, is not readily available. The most recent figures available indicate that about 30% of the budget is being expended on transport and grants for children with special needs who represent about 6% of the overall number of children carried.

Site Acquisitions.

Paul Nicholas Gogarty

Ceist:

624 Mr. Gogarty asked the Minister for Education and Science if her Department plans to open negotiations with a company (details supplied) regarding the purchase of a site adjacent to St. Andrew’s national school, Lucan, County Dublin; and if she will make a statement on the matter. [24029/05]

The school planning section of my Department is in receipt of an application for major capital funding from the school management authorities referred to by the Deputy. The management authority of this school informed my Department that it had approached a local developer who had expressed an interest in acquiring the existing school site as part of an arrangement which would allow the school to secure a new green field site. Officials in my Department recently requested an update on these discussions.

Departmental Expenditure.

Paul Nicholas Gogarty

Ceist:

625 Mr. Gogarty asked the Minister for Education and Science the grants which have been awarded for all schools in the Rathcoole area in 2005 for building and refurbishment works; the major works which remain outstanding; and if she will make a statement on the matter. [24030/05]

Paul Nicholas Gogarty

Ceist:

626 Mr. Gogarty asked the Minister for Education and Science the grants which have been awarded for all schools in the Saggart area in 2005 for building and refurbishment works; the major works which remain outstanding; and if she will make a statement on the matter. [24031/05]

Paul Nicholas Gogarty

Ceist:

627 Mr. Gogarty asked the Minister for Education and Science the grants which have been awarded for all schools in the Brittas area in 2005 for building and refurbishment works; the major works which remain outstanding; and if she will make a statement on the matter. [24032/05]

Paul Nicholas Gogarty

Ceist:

628 Mr. Gogarty asked the Minister for Education and Science the grants which have been awarded for all schools in the Newcastle area in 2005 for building and refurbishment works; the major works which remain outstanding; and if she will make a statement on the matter. [24033/05]

Paul Nicholas Gogarty

Ceist:

629 Mr. Gogarty asked the Minister for Education and Science the grants which have been awarded for all schools in the Clondalkin area in 2005 for building and refurbishment works; the major works which remain outstanding; and if she will make a statement on the matter. [24034/05]

Paul Nicholas Gogarty

Ceist:

630 Mr. Gogarty asked the Minister for Education and Science the grants which have been awarded for all schools in the north Clondalkin area in 2005 for building and refurbishment works; the major works which remain outstanding; and if she will make a statement on the matter. [24035/05]

Paul Nicholas Gogarty

Ceist:

631 Mr. Gogarty asked the Minister for Education and Science the grants which have been awarded for all schools in the Palmerstown area in 2005 for building and refurbishment works; the major works which remain outstanding; and if she will make a statement on the matter. [24036/05]

Paul Nicholas Gogarty

Ceist:

632 Mr. Gogarty asked the Minister for Education and Science the grants which have been awarded for all schools in the Lucan area in 2005 for building and refurbishment works; the major works which remain outstanding; and if she will make a statement on the matter. [24037/05]

I propose to take Questions Nos. 625 to 632, inclusive, together.

I will arrange for a response to the queries to be forwarded to the Deputy at an early date.

School Transport.

Paul Nicholas Gogarty

Ceist:

633 Mr. Gogarty asked the Minister for Education and Science the position regarding plans to replace older buses. [24038/05]

The average age of the Bus Éireann large capacity school bus is 16 years and the average age of all buses used for school transport is 11.5 years. It must be emphasised that an older bus does not mean an unsafe bus. No bus which is unsafe or dangerous is allowed onto the road to carry children. All vehicles operating under the school transport scheme are required to meet the statutory regulations as laid down by the Department of Transport. Where vehicles have over eight adult seats and are more than one year old, they are required to pass that Department's annual roadworthiness test.

In addition, Bus Éireann vehicles are subject to a programme of scheduled servicing under specified maintenance procedures to ensure that the highest safety standards are achieved. Contractors employed by Bus Éireann are contractually obliged to keep their nominated vehicle in a safe and roadworthy condition at all times.

Since 1999, Bus Éireann has purchased a large number of vehicles as part of an ongoing school bus fleet replacement programme to continually improve the age profile and condition of their school bus fleet. In addition, the Bus Éireann school bus fleet currently has some 400 large capacity buses that were transferred from the general service fleet into the dedicated school transport bus fleet. Over 250 of these buses were transferred in the period 1999-2003 and they represent another valuable source of replacement buses over this period. This investment has produced an improvement in the condition of the fleet generally and this fleet replacement programme, aimed at replacing older buses with more modern vehicles, is continuing.

Paul Nicholas Gogarty

Ceist:

634 Mr. Gogarty asked the Minister for Education and Science the position regarding the study of comparable safety on school buses related to the various types of seat belts versus the compartmentalisation method. [24039/05]

Legislation regarding the fitting and wearing of seat belts in public service vehicles including school buses is the responsibility of my colleague, the Minister for Transport. EU Directive 2003/20 requires seat belts to be used where they are fitted. This directive must be transposed into national law by 9 May 2006.

Separately, proposals to extend the requirement for seat belts in all new vehicles, except for city buses used in stage stop routes, have been developed at EU level. When the directive is adopted, all new school buses being registered from a future date will require to be fitted with seat belts.

The suitability of different restraint mechanisms is under active consideration by the Department of Education and Science in consultation with the Department of Transport and Bus Éireann. These considerations will be guided by expert advice.

National Educational Welfare Board.

Ciarán Cuffe

Ceist:

635 Mr. Cuffe asked the Minister for Education and Science the number of available positions on the National Educational Welfare Board which have been filled; and if she will make a statement on the matter. [24058/05]

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

The terms of the Education (Welfare) Act 2000 state that the board is comprised of a chairperson and 12 ordinary members, of whom one is the chief executive officer of the NEWB. Five ordinary members are appointed by the Minister after consultation with national associations of parents, school management organisations, the educational welfare officers, the voluntary sector and trade unions and staff associations representing teachers. The remaining six ordinary members are also appointed by the Minister following consultation with the Ministers for Health and Children, Justice, Equality and Law Reform, Social and Family Affairs, Enterprise, Trade and Employment and Arts, Sport and Tourism, and from among persons who in the opinion of the Minister have a special interest and expertise in matters relating to the functions of the Board. There are currently no vacancies on the National Educational Welfare Board.

School Accommodation.

Denis Naughten

Ceist:

636 Mr. Naughten asked the Minister for Education and Science her plans to address the severe overcrowding in a school (details supplied); if she will approve a temporary building pending the approval of a permanent structure; and if she will make a statement on the matter. [24093/05]

To alleviate the school's immediate accommodation difficulties, the board of management of the school referred to by the Deputy has been formally notified of the Department's approval of grant aid towards the rental of temporary accommodation at the school.

The application for improved permanent accommodation has been has been assessed in accordance with the published prioritisation criteria. The project will be considered in the context of the school buildings and modernisation programme 2005-09.

Schools Building Projects.

Denis Naughten

Ceist:

637 Mr. Naughten asked the Minister for Education and Science if she will review the ongoing delay in progressing a project (details supplied); if she will expedite the project; if she will meet with a deputation from the school; and if she will make a statement on the matter. [24098/05]

The new school building referred to by the Deputy was listed to proceed to tender and construction as part of the 2004 school building programme. The design work on the project has been completed, however, progress on the next stages, tendering/construction work, must await resolution of legal issues regarding the site.

The site for the school is being acquired by my Department under the terms of the Residential Institutions Redress Act 2002. The Department has accepted in principle a site at Mohill which was offered under the terms of the property aspect of the indemnity agreement between the State and 18 religious congregations dated 5 June 2002. To clarify the value of the site the Department referred the matter to an independent expert in accordance with the terms of section 9 of the agreement.

The Society of Chartered Surveyors has appointed an independent expert who is in the process of assessing the value of the site. Following the outcome of this process the matter of the transfer of the legal title will be addressed.

Decentralisation Programme.

Denis Naughten

Ceist:

638 Mr. Naughten asked the Minister for Education and Science the time table for the decentralisation of sections of her Department to Athlone; and if she will make a statement on the matter. [24101/05]

Tenders have recently been sought for the design and construction of new accommodation for the decentralisation of over 100 of my Department's staff to Athlone. While it is difficult at this early stage to give an exact timetable for the completion of construction, it is estimated that the new buildings should be ready for occupation before the end of 2007.

Third Level Funding.

Denis Naughten

Ceist:

639 Mr. Naughten asked the Minister for Education and Science the average cost per annum of an IT and university college place respectively; and if she will make a statement on the matter. [24102/05]

: Due to the varied costs associated with undergraduate courses in the university sector, the Department does not have an overall unit cost per student. However, the estimated average recurrent cost to the State for the more common undergraduate courses of arts, business, science and engineering is €7,000 per student per year. As there are higher costs associated with some courses, the unit costs to the State would be higher, for example the estimated unit cost per student to the State in respect of medicine in the university sector is €8,500 per annum.

A unit cost system of allocating funds to the institutes of technology has not yet been developed. The annual budget for each institute of technology is allocated on the basis of its total pay and non-pay requirements following consideration of its annual programmes and budget submission which is required under the RTC-DIT Acts. The allocation takes into account the complexity of the institute, the range of courses and facilities offered to students, the total number of students — both full-time and part-time — and the nature of the infrastructure. Decisions on the allocations also have regard to Government policy and priorities.

Schools Building Projects.

Denis Naughten

Ceist:

640 Mr. Naughten asked the Minister for Education and Science if she will meet with a deputation from a college (details supplied) in County Roscommon; and if she will make a statement on the matter. [24108/05]

The school referred to by the Deputy has an application with the Department for an extension. The project has been assessed in accordance with the published prioritisation criteria. It will be considered in the context of the school buildings and modernisation programme 2005-09. It is not my intention to meet with a deputation from the school as it would not serve any useful purpose at this time.

Appointments to State Boards.

Ruairí Quinn

Ceist:

641 Mr. Quinn asked the Minister for Education and Science if she will provide a list of the vacancies on the boards of statutory or State bodies and other statutory appointments which currently exist and which must be made by her or the Government; the reason, in each case, for the vacancy; and when each vacancy will be filled. [24188/05]

In appointing persons to the boards under my aegis, I follow the guidelines set out in the Cabinet handbook regarding eligibility, transparency and gender balance. The information which the Deputy sought is as follows.

Current Vacancies on Governing Bodies of Institutes of Technology.

Institute

Number of Vacancies

Reason for vacancies

When vacancies will be filled

Blanchardstown

1

Resignation

By first week in July 2005

Carlow

1

Outstanding nomination for new governing body

As soon as possible after nomination received from VEC in accordance with legislation

Dundalk

17

New governing body to be appointed

As above

Current vacancies on other State Boards.

Board

Number of Vacancies

Reason for vacancies

When vacancies will be filled

Board of Léargas / the Exchange Bureau

5

Lapsed members (2). Changes of staff in Department (2). Resignation (1)

Five nominees are currently being invited to fill these positions

National Council for Special Education

1

Resignation of Council member

An appointment will be made to this vacancy but the process has not yet commenced

Finglas Child and Adolescent Centre

2

New Board. First appointment of staff representatives

Process under way

Ruairí Quinn

Ceist:

642 Mr. Quinn asked the Minister for Education and Science if she will provide a list of boards of statutory or State bodies and statutory appointments to which vacancies are expected to fall due between now and 31 December 2005 for appointments to be made by her or the Government; and the mechanisms envisaged by which the appointees will be selected. [24202/05]

In appointing persons to the boards under my aegis I follow the guidelines set out in the Cabinet handbook regarding eligibility, transparency and gender balance. The information which the Deputy sought is as follows.

Expected Board Vacancies in the period 30 June 2005 — 31 December 2005 — Institutes of Technology and TRBDI.

Institute

Vacancies 30 June 2005 to 31 December 2005

Mechanism for Selection of Appointee(s)

Athlone

2

Nominations will be submitted by VEC in line with legislation

Blanchardstown

1

As above

Carlow

1

As above

Cork

2

As above

Dundalk

17

As above

Dún Laoghaire Institute for Art, Design and Technology (DLIADT)

2

As above

Galway Mayo Institute of Technology (GMIT)

2

As above

Letterkenny

2

As above

Tallaght

2

As above

Waterford

2

As above

Sligo

3

Chairperson will be appointed by the Minister. Nominations for 2 vacancies will be submitted by VEC in line with legislation

Tipperary Rural & Business Development Institute (TRBDI)

1

Nomination will be submitted by Institute in accordance with legislation

Expected Board Vacancies in the period 30 June 2005 — 31 December 2005 — Other Bodies.

Board

Vacancies 30th June 2005 to 31st December 2005

Mechanisms for Selection of Appointee(s)

National Education Welfare Board

1

The person shall be appointed by the Minister for Education and Science after consultation by (him or) her with the Minister for Justice, Equality and Law Reform (as per section 9 to Schedule of the Education (Welfare) Act 2000

Higher Education Authority

8

(1) Incoming USI President automatically replaces outgoing USI President(7) Government appoints member on the advice of the Minister

Trinity College Dublin

1

Minister nominates one person for appointment

National University of Ireland, Maynooth

2

Minister nominates 2 persons for appointment

Special Educational Needs.

James Breen

Ceist:

643 Mr. J. Breen asked the Minister for Education and Science the criteria used in drawing up clusters; the reason the inspectorate has no role in this or in the allocation of resource hours; and if she will make a statement on the matter. [24265/05]

A new scheme for allocating resource teachers to schools to cater for the needs of children with high incidence special needs and learning support needs was announced last month. The reason for the new scheme is simple. Children with special needs such as dyslexia or mild learning difficulties are found in almost every school. It makes sense then that every school should have a number of resource teaching hours based on the number of pupils in the school.

This is a major improvement on the previous system, under which children with high incidence special needs required a psychological assessment before they were given resource teaching hours by the Department. This was a time consuming process that often led to delays in children getting the support they needed. Resource teachers will now be in place in the school from the start of the school year, so that children who need their assistance can get it immediately.

Clustering facilitates the assignment of experienced teachers as well as allowing for better training of resource teachers on the basis that permanent posts will retain teachers for longer periods. This ultimately benefits the pupils.

The considerations taken into account in drawing up the clusters for the purposes of the new general allocation model were a combination of the levels of allocations of teachers, geographic location and existing levels of special needs teaching supports in schools generally.

The Department's inspectorate had a significant role in the initial organisation of new clusters as part of the general allocation system. Further clusters are now being proposed by schools where they wish to combine general allocation hours and/or low incidence hours for the purposes of establishing new or retaining existing resource teaching posts. Such proposals are being considered and responded to by my officials.

The National Council for Special Education, which became operational on 1 January 2005, is responsible for processing applications for special educational needs supports in primary schools and special schools.

In consideration of these developments, there is no longer an ongoing role for the Department's inspectorate in the allocation of resources for pupils with special educational needs in general.

Overseas Missions.

Caoimhghín Ó Caoláin

Ceist:

644 Caoimhghín Ó Caoláin asked the Minister for Defence if he will report on the command structure which the Irish Defence Forces in Bosnia and Kosovo operate therein. [23571/05]

Ireland currently contributes a contingent of Defence Forces personnel to both EUFOR, the EU-led operation in Bosnia-Herzegovina, and to KFOR, the NATO-led international security presence in Kosovo. In addition, a small number of Defence Forces personnel are deployed at both EUFOR and KFOR headquarters in various staff and liaison appointments. Both missions were established under the authority of the UN Security Council.

The chain of command for both missions operates along normal military lines and as such both Irish contingents come under the operational control of the force commander for each mission, who has the authority to designate the chain of command for the force. Irish personnel serving with both missions are subject to the provisions of the Defence Acts 1954 to 1988 similar to personnel operating at home in Ireland. Similar command arrangements apply in relation to UN-led peace support operations.

Defence Forces Dependants.

Mary Upton

Ceist:

645 Dr. Upton asked the Minister for Defence if the Defence Forces Pensions Acts or regulations include provisions granting entitlement to disabled or handicapped children of deceased military pensioners; if so, the number of such disabled or handicapped individuals in receipt of such entitlements; the steps he will take to advice such individuals or their personal representatives of their entitlements; and if he will make a statement on the matter. [23634/05]

Under the Defence Forces pensions schemes and the Army Pensions Acts, pensions or allowances may be granted in certain circumstances to or in respect of the children of deceased members of the Permanent Defence Force. Payment usually ceases when the child reaches a specified upper age limit. However, payment continues beyond the age limit in the case of a child who is incapable of self-support due to a permanent mental or physical disablement. Entitlement to such payments is usually established on foot of information provided at my Department's request by the next of kin or personal representative of the deceased member of the Permanent Defence Force.

The specific information regarding the number of children in receipt of payments beyond the age limit is not readily available but the number would be relatively small.

Military Staff.

Bernard J. Durkan

Ceist:

646 Mr. Durkan asked the Minister for Defence the reason pay has been terminated in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [23782/05]

The pay of the person in question was withheld with effect from 9 June 2005, following notification by the relevant military authorities that his absence from his unit since 30 May 2005 was not authorised. The military medical authorities have since accepted medical certification for the period of absence and accordingly all pay due will issue shortly.

Departmental Properties.

Jack Wall

Ceist:

647 Mr. Wall asked the Minister for Defence the reason a person (details supplied) in County Kildare is being asked to pay back rent; and if he will make a statement on the matter. [23783/05]

The individual concerned has been granted a lease of the property in question for a further period of 21 years with effect from 1 March 1998. Negotiations to agree a revised rate of rent payable in respect of this lease are ongoing and, in line with normal practice, the Department would seek to have the agreed revised rate of rent applied with effect from the date of commencement of the term of the lease.

Defence Forces Personnel.

Gay Mitchell

Ceist:

648 Mr. G. Mitchell asked the Minister for Defence his future plans for the engineers support battalion; and if he will make a statement on the matter. [23784/05]

It is understood that the Deputy's question refers to the civilian personnel employed in building maintenance. The provision of building maintenance services at military installations is under review by the military authorities. Any proposed changes arising from that review will be the subject of consultation with the relevant parties.

Army Barracks.

Gay Mitchell

Ceist:

649 Mr. G. Mitchell asked the Minister for Defence his plans for Gormanston Camp, County Meath; and if he will make a statement on the matter. [23785/05]

The Government decided on 1 July 2003 that lands at Gormanston, County Meath, would be among the State lands released for inclusion in the Sustaining Progress affordable housing initiative. The modalities for the transfer of lands at Gormanston to the relevant local authority are under consideration and my Department is in ongoing communication with the Department of the Environment, Heritage and Local Government in this regard.

Gay Mitchell

Ceist:

650 Mr. G. Mitchell asked the Minister for Defence the amount of the capital expenditure, the projects involved and the cost of each in the past five years at Gormanston Camp, County Meath; and if he will make a statement on the matter. [23786/05]

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

Department of Defence Expenditure on Capital Projects Gormanston Camp, Co. Meath 2000 to 2005.

Year

Project

Cost

2000

Nil

Nil

2001

Security works — fire alarm/lights

29,282.34

Security works — upgrade/extra doors

12,695.93

Security works — CCTV/intruder alarms

78,207.05

2002

Security works — fencing

35,168.00

2003

Nil

Nil

2004

Security works — CCTV upgrade

26,874.53

2005

Nil

Nil

Total

182,227.84

Gay Mitchell

Ceist:

651 Mr. G. Mitchell asked the Minister for Defence the amount of the capital expenditure, the projects involved and the cost of each in the past five years in Clancy Barracks, Dublin; and if he will make a statement on the matter. [23787/05]

There has been no capital expenditure on Clancy Barracks, Dublin, in the past five years. On 15 July 1998, the Government approved a programme of evacuation and sale of six barracks, including Clancy, considered surplus to military requirements. The military presence in Clancy Barracks ended in 2001. The barracks was sold to Florence Properties Limited for €25.4 million in 2004.

Overseas Missions.

Aengus Ó Snodaigh

Ceist:

652 Aengus Ó Snodaigh asked the Minister for Defence if the primary reason for the decision to withdraw Defence Forces from the UN mission in Liberia at the end of 2006 is to ensure the commitment to EUFOR and KFOR can be maintained without compromising an anticipated commitment to the EU battle groups. [23788/05]

A contingent of the Permanent Defence Force has been serving with the United Nations mission in Liberia, UNMIL, since December 2003. Initial deployment was for one year, an extension of which was approved by Government for another year in December 2004, subject to renewal of the UN mandate and a satisfactory review of the mission. Later this year, I will be bringing proposals to the Government for the continued deployment of a contingent with the mission beyond December 2005.

My predecessor signalled the Government's intention that Defence Forces involvement in UNMIL would not exceed two to three years in duration and the United Nations has been advised accordingly. Elections, which are planned for October 2005, under the comprehensive peace agreement of August 2003, should be completed by the time the Irish contingent withdraws. We are there to assist the people of Liberia to regain the peace they deserve. It is now general policy that deployments of Defence Forces contingents to peace support missions overseas should be for defined periods.

Departmental Expenditure.

Enda Kenny

Ceist:

653 Mr. Kenny asked the Minister for Defence the amount of his Department’s budgetary allocation for 2004; the amount of this allocation which was returned to the Department of Finance at year’s end; the vote head from which such returned allocations were derived; and if he will make a statement on the matter. [23985/05]

The allocations for Defence, Vote 36, and Army Pensions, Vote 37, for 2004 and the amounts surrendered at year's end are set out in the following table:

2004 Estimate provision

Amount surrendered

(€000)

(€000)

Vote 36

697,656

2,644

Vote 37

159,604

10,486

Brian O'Shea

Ceist:

654 Mr. O’Shea asked the Minister for Defence the amount his Department has spent to date in 2005 on the implementation of the provisions of the Official Languages Act 2003; his estimate of the amount which his Department will spend on the implementation of the Official Languages Act 2003 for the full year in 2005; and if he will make a statement on the matter. [24019/05]

My Department has spent €4,681 to date in 2005 on the implementation of the provisions of the Official Languages Act 2003. No estimate of the type described by the Deputy has been prepared.

Departmental Properties.

Paul Nicholas Gogarty

Ceist:

655 Mr. Gogarty asked the Minister for Defence if there are plans to refurbish the squash facilities at Baldonnel in view of their current state of disrepair; if his attention has been drawn to the popularity of these facilities; and if he will make a statement on the matter. [24047/05]

The building housing the squash facilities at Baldonnel is closed. There is no provision in the five-year capital works programme, 2005 to 2009, to refurbish or replace the squash facilities.

Defence Forces Property.

Paul Nicholas Gogarty

Ceist:

656 Mr. Gogarty asked the Minister for Defence if there are no plans to turn Baldonnel into a civilian airport. [24048/05]

Casement Aerodrome, Baldonnel, is the principal base of the Air Corps. With the withdrawal of aircraft from Gormanston and the relocation of Air Corps headquarters to Baldonnel as outlined in the White Paper on Defence, the Air Corps has the basis for better management of its resources. Baldonnel will continue to be the centre of military aviation in Ireland.

Periodic interest by the private sector has been expressed during the past decade as to the use of Casement Aerodrome for civil aviation purposes. The establishment of facilities for civil aviation purposes is primarily a matter for the Minister for Transport. Under the Irish Aviation Authority Act 1993, however, military aerodromes are precluded from regulation by the Irish Aviation Authority. Only the regulation of military aviation activities at military aerodromes comes within my remit.

Before any consideration can be given to having commercial aviation at Baldonnel it would be necessary to bring Casement Aerodrome within the licensing and regulatory control of the Irish Aviation Authority, which would require an amendment to section 3 of the Irish Aviation Authority Act 1993. This is a matter for consideration in the first instance by the Minister for Transport.

Paul Nicholas Gogarty

Ceist:

657 Mr. Gogarty asked the Minister for Defence the communications that have taken place in the past 12 months between his Department and the owners of Weston Aerodrome regarding the impact of the Weston development on flights from Baldonnel or any other matters; and if he will make a statement on the matter. [24049/05]

The manager of Weston Airport wrote to my Department in July 2004 concerning, inter alia, the likely impact of the proposed development of the Weston Aerodrome on military airspace and seeking authorisations in this regard. It was considered inappropriate for my Department to enter into formal discussions with Weston until such a time as Weston Airport secures the necessary planning permission for the proposed development and this was notified to the Irish Aviation Authority in writing by my Department and copied to the manager of Weston Airport.

I am advised the Air Corps has had informal communications with Weston management within the past 12 months. However, all such communication has ceased pending receipt by Weston of the relevant planning permission and approvals.

Appointments to State Boards.

Ruairí Quinn

Ceist:

658 Mr. Quinn asked the Minister for Defence if he will provide a list of the vacancies on the boards of statutory or State bodies and other statutory appointments which exist and which must be made by him or the Government; the reason, in each case, for the vacancy; and when each vacancy will be filled. [24189/05]

Ruairí Quinn

Ceist:

659 Mr. Quinn asked the Minister for Defence if he will provide a list of boards of statutory or State bodies and statutory appointments to which vacancies are expected to fall due between now and 31 December 2005 for appointments to be made by him or the Government; and the mechanisms envisaged by which the appointees will be selected. [24203/05]

I propose to take Questions Nos. 658 and 659 together.

The inaugural Civil Defence Board was appointed with effect from 5 June 2002 for three years. Accordingly, a new board is required to be appointed and nominations are being considered. Appointments to the Civil Defence Board are made on the basis of four persons who, in the opinion of the Minister, have experience in business, industry, finance or administration; the director general, Civil Defence Board; a volunteer member of Civil Defence; a member of the staff of the board; an officer of the Defence Forces nominated by the Chief of Staff; a nominee of the County and City Managers' Association; a nominee of the Minister for the Environment, Heritage and Local Government with experience in emergency planning; a nominee of the Radiological Protection Institute of Ireland; a nominee of the Environmental Protection Agency; a member of the Civil Defence Officers' Association; a member of the Garda Síochána nominated by the Garda Commissioner.

The Central Council of the Irish Red Cross Society consists of members elected by the various society areas and of members nominated by Government. The Government appointees' term of office expires on 30 April 2006. There is one vacancy on the Central Council of the Red Cross due to the death of a member in October 2003. However, the number of Government nominees remaining complies with the legislative requirement.

There is no vacancy on the board of Coiste an Asgard, but one vacancy is due to arise later this year. In general, persons appointed to the board of Coiste an Asgard have experience in sailing or other relevant experience.

In appointing persons to the boards under my aegis, I follow the guidelines set out in the Cabinet handbook regarding eligibility, transparency and gender balance. The Department of Finance, in conjunction with other relevant Departments, has been considering whether tax clearance certificates can and should be required of persons being considered for appointment to State boards. Based on the outcome of that process, further consideration will be given as to whether any change to the existing arrangements is appropriate or not.

Wildlife Conservation.

John Perry

Ceist:

660 Mr. Perry asked the Minister for the Environment, Heritage and Local Government if whales are hunted in Irish waters; if there are Government initiatives in place to protect whales in Irish waters; and the Government’s views on hunting for whales. [23763/05]

Whales are not hunted in Irish waters, and are subject to protection in several ways. Under the Whale Fisheries Act 1937, the catching or treating of whales by any ship within the exclusive fishery limits of the State is prohibited. Section 11(1) of the Wildlife Act 1976 makes it a function of the Minister for the Environment, Heritage and Local Government to secure the conservation of wildlife, including wild mammals such as whale species. In 1991 Ireland declared all our seas a whale and dolphin sanctuary, as a further indication of our commitment to conserve and protect these species. Ireland has adhered to the International Convention on the Regulation of Whaling since 1985 and is a member of the International Whaling Commission, which oversees this convention. Ireland was represented at the 57th Meeting of the International Whaling Commission in Ulsan, Republic of Korea last week. At this meeting, Ireland supported several decisions consistent with the Government's views on hunting for whales.

These decisions included the rejection of a proposal to remove the ban on commercial whaling, which was imposed by the Commission from 1985-86; the rejection of a proposal for a new scientific research programme by Japan in the Antarctic, which intended to double the take of minke whales to over 5,000, and also to take 220 fin and 200 humpback whales, over the next six years; support for the creation of a South Atlantic Sanctuary for whales; and the rejection of a proposal to abolish the Southern Ocean Sanctuary, which was established by the International Whaling Commission in 1994.

Housing Aid for the Elderly.

Emmet Stagg

Ceist:

661 Mr. Stagg asked the Minister for the Environment, Heritage and Local Government the amount allocated nationally in respect of the housing aid for the elderly scheme and the central heating grant scheme; and the amount spent on each scheme in 2004. [23846/05]

The special housing aid for the elderly scheme is operated by the Health Service Executive in line with various guidelines issued from time to time by the task force which administers the scheme under the aegis of the Department of the Environment, Heritage and Local Government. Under the scheme, aid is provided to improve the housing conditions of elderly persons living alone in unfit or unsanitary conditions and was extended to include the provision of suitable heating systems where found necessary in 2000. A provision of €15.6 million was allocated to the health boards for the operation of the scheme in 2004 and was claimed and paid to the boards in respect of expenditure incurred by them under the scheme in that year.

Register of Electors.

Cecilia Keaveney

Ceist:

662 Cecilia Keaveney asked the Minister for the Environment, Heritage and Local Government the steps he plans to adopt to ensure that electoral registers are as accurate as possible; and if he will make a statement on the matter. [23556/05]

I refer to the reply to Parliamentary Questions Nos. 24 and 26 of 28 June 2005.

Housing Provision.

Cecilia Keaveney

Ceist:

663 Cecilia Keaveney asked the Minister for the Environment, Heritage and Local Government the position of an application for sheltered housing by an association (details supplied) in County Donegal; and if he will make a statement on the matter. [23587/05]

I refer to the reply to Parliamentary Question No. 271 of 13 April 2005. The position is unchanged.

Social and Affordable Housing.

Paul Kehoe

Ceist:

664 Mr. Kehoe asked the Minister for the Environment, Heritage and Local Government the plans he has to sell any State lands in County Wexford to a developer for the developer to build affordable housing in that county; and if he will make a statement on the matter. [23619/05]

Wexford County Council is developing two sites under the affordable housing initiative with a potential yield of 60 units. This is in addition to continuing affordable activity in Wexford under Part V, the 1999 affordable housing scheme and the shared ownership scheme. No State lands have been identified in Wexford for the purposes of the affordable housing initiative.

Water and Sewerage Schemes.

Paul Kehoe

Ceist:

665 Mr. Kehoe asked the Minister for the Environment, Heritage and Local Government the position on the third phase of the main drainage scheme in Enniscorthy, County Wexford; when works will commence on the project; the length of time it will take to complete; when it will be fully operational; and if he will make a statement on the matter. [23620/05]

Phase three of the Enniscorthy main drainage scheme is included in my Department's water services investment programme 2004-06 as a scheme to commence construction in 2006.

Wexford County Council's preliminary report and water services pricing policy report for the scheme are under examination in my Department and will be dealt with as quickly as possible. The council will be in a position to prepare the contract documents once these reports have been approved.

Archaeological Sites.

Paul Kehoe

Ceist:

666 Mr. Kehoe asked the Minister for the Environment, Heritage and Local Government the plans he has for a site (details supplied); the works that will be carried out on this site; when the works will commence; the type of work that will by carried out; and if he will make a statement on the matter. [23621/05]

I have recently asked the Office of Public Works to engage consultants to undertake a study, examine and report on the feasibility of a conservation and restoration project including identifying future possible uses at St. Selskar's Abbey and environs, Wexford town. The consultants will engage with all of the relevant stakeholders as the site is not directly owned by the State but is held in guardianship partly by the State and partly by the local authority. It is expected the consultants will be engaged before the end of July and will make their report in a further three to four months after that date.

Parliamentary Questions.

Paul Kehoe

Ceist:

667 Mr. Kehoe asked the Minister for the Environment, Heritage and Local Government when he will receive a reply to Parliamentary Question No. 318 of 22 June 2005; and if he will make a statement on the matter. [23623/05]

The material referred to in the reply to Parliamentary Question No. 318 of 22 June 2005 was sent to the Deputy on 29 June 2005.

Water and Sewerage Schemes.

Damien English

Ceist:

668 Mr. English asked the Minister for the Environment, Heritage and Local Government when a decision will be made regarding the recommended improvements required to the water supply infrastructure to meet the projected needs of the Navan and mid-Meath water supply scheme; the start date of such works; the time scale involved; and if he will make a statement on the matter. [23624/05]

The Navan mid-Meath water supply scheme is included in my Department's water services investment programme 2004-06 as a scheme to commence construction in 2005. Meath County Council's preliminary report for the scheme is being examined in my Department and will be dealt with as quickly as possible. The council will be in a position to prepare contract documents once the preliminary report has been approved.

Damien English

Ceist:

669 Mr. English asked the Minister for the Environment, Heritage and Local Government if he will make funding available immediately to alleviate short to medium-term water shortages and ongoing problems with the water supply in the Navan area; and if he will make a statement on the matter. [23625/05]

The Navan water mains replacement scheme, which will improve the quality and reliability of water supplies in the town, has been approved for construction in my Department's water services investment programme 2004-06 at an estimated cost of €4.8 million. I understand that phase 1 of the scheme is nearing completion and I have recently approved Meath County Council's contract documents for phase 2. It is now a matter for the council to proceed with the invitation of tenders for these works.

Damien English

Ceist:

670 Mr. English asked the Minister for the Environment, Heritage and Local Government if he has received the application for funding by Meath County Council for sewerage works in Ratoath and Ashbourne; if so when does he propose to commit the funding; and if he will make a statement on the matter. [23627/05]

The Ashbourne Ratoath and Kilbride sewerage scheme is approved for construction under my Department's water services investment programme 2004-06 at an estimated cost of €20.6 million. Meath County Council's preliminary report for the scheme is being examined in my Department and will be dealt with as quickly as possible. The council will be in a position to prepare contract documents when this report is approved by my Department.

Register of Electors.

Liam Aylward

Ceist:

671 Mr. Aylward asked the Minister for the Environment, Heritage and Local Government the proposals that are with his Department to permit Irish citizens living abroad throughout the European Union to vote in any referenda on the proposed European Constitution; and if he will make a statement on the matter. [23628/05]

The compilation of a register of electors is a matter for the appropriate registration authority in accordance with electoral law. In order to be able to vote at elections and referenda in this jurisdiction, a person's name must be entered in the register of electors for a constituency in the State in which the person ordinarily resides. Subject to this primary requirement, the person's citizenship then determines the polls at which he or she is entitled to vote. Irish citizens who are registered to vote may vote at all polls. British citizens may vote at Dáil, European and local elections, EU citizens — other than Irish and British citizens — may vote at European and local elections and non-EU citizens may vote at local elections only.

Postal voting is provided for in respect of certain categories of person as specified in electoral law. The Electoral Act 1992 provides for postal voting for members of the Garda, whole-time members of the Defence Forces and Irish diplomats serving abroad and their spouses. Subsequent legislation enacted by the Oireachtas has extended postal voting to other categories, including electors living at home who are unable to vote because of a physical illness or disability, the Electoral (Amendment) Act 1996; electors whose occupation, service or employment makes it likely that they will be unable to vote in person at their local polling station on polling day, the Electoral Act 1997; full-time students registered at their home who are living elsewhere while attending an educational institution in the State, the Electoral Act 1997; and certain election staff employed at the poll outside the constituency where they reside, the Electoral (Amendment) Act 2001.

The question of voting rights for Irish citizens living abroad has been considered in detail on a number of occasions, most recently by the All-Party Oireachtas Committee on the Constitution in its examination of Parliament. In respect of emigrant participation in political life, the seventh progress report of the committee, published in March 2002, concluded that the right to vote in Dáil elections should remain confined to citizens ordinarily resident in the State and that the right to vote at referenda should not be granted to emigrants. While electoral law is subject to ongoing review and suggestions are made on specific issues from time to time, there are no proposals to alter the existing arrangements.

Local Authority Housing.

Sean Fleming

Ceist:

672 Mr. Fleming asked the Minister for the Environment, Heritage and Local Government when approval will be given to Laois County Council to proceed with a project (details supplied) in County Laois. [23629/05]

My Department gave approval to Laois County Council in December, 2004 to proceed with a further phase of 14 houses at Castletown. It is understood that the county council will submit cost proposals to my Department shortly.

Archaeological Sites.

Sean Fleming

Ceist:

673 Mr. Fleming asked the Minister for the Environment, Heritage and Local Government if he will detail the works being carried out and the costs of the work in respect of a project (details supplied) in County Laois. [23630/05]

Works carried out at the Rock of Dunamase prior to the national development plan, NDP, consisted mainly of archaeological excavations. The nature of these excavations unavoidably resulted in the site being left in a more fragile condition. This first phase of works established the methodology to be adopted in subsequent phases and involved comprehensive topographical, photographic and architectural surveys of the site, removal of vegetation and provision of access routes without damage to existing ground surface. Consolidation and repair of masonry faces uncovered in the archaeological excavation and other extant masonry was carried out by skilled craftspeople using suitable lime mortars and stone.

The main objective of phase 2 of the NDP project is to stabilise, consolidate and conserve the structures on the site in accordance with the methodologies established in phase 1 including further conservation and repairs to stone walls, provision of graded access routes and site fencing. The conservation works to the walls will be quite extensive, aimed at consolidating existing structures to safeguard the monument in the future. The project will leave the structures looking substantially as they were, but stabilised to prevent further deterioration, with the site being made safe for public access and the provision of interpretative materials. The contract was awarded in January 2005 at a value of €1,139,313. Works commenced immediately and are expected to take two years to complete.

Water and Sewerage Schemes.

Cecilia Keaveney

Ceist:

674 Cecilia Keaveney asked the Minister for the Environment, Heritage and Local Government the applications that have been made to his Department in relation to the extremely poor water supply in a town (details supplied) in County Donegal; and if he will make a statement on the matter. [23631/05]

Moville water supply is an element of the Inishowen regional water supply scheme which was ranked 23rd in the list of water and sewerage schemes submitted by Donegal County Council in response to my Department's request to all local authorities in 2003 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 assessments were taken into account in the framing of the water services investment programme 2004-06, published in May 2004. Given the rating afforded to the scheme by the council, it was not possible to include it in the current programme.

Local Authority Funding.

Michael Lowry

Ceist:

675 Mr. Lowry asked the Minister for the Environment, Heritage and Local Government if he will review a grant scheme (details supplied) to take account of the ongoing running, maintenance and insurance costs of such facilities as those covered in the scheme; and if he will make a statement on the matter. [23632/05]

In May 2005, I announced proposals for a pilot project for the provision of a number of skateboard facilities. My Department wrote to all city and county councils at that time enclosing details of the initiative, including the selection criteria, and invited councils to submit an application to participate in the pilot project. Funding under that scheme is intended for capital purposes only. The costs of ongoing management of the facilities will be a matter for the local authorities concerned.

Housing Aid for the Elderly.

Dan Boyle

Ceist:

676 Mr. Boyle asked the Minister for the Environment, Heritage and Local Government the number of housing associations in the State which cater for the provision of housing for persons with disabilities; and the number of such houses which are currently available. [23860/05]

Under the voluntary housing capital assistance scheme, accommodation may be provided for persons with special needs such as the elderly, homeless or persons with disabilities. The scheme is not designed to provide nursing homes or accommodation where residents would require extensive medical, nursing or institutional type care.

However, some housing projects, which require a higher ratio of carers to residents than a caretaker to allow for independent living, may be provided through a shared funding arrangement between the housing authority concerned and the Health Service Executive. Assistance towards the cost of care and support services provided in sheltered housing over and above those normally required in housing management are a matter for the Health Service Executive.

My Department's involvement relates primarily to the provision of funds for individual projects. The administration of the voluntary housing scheme and the certification that particular projects comply with the terms of the scheme are the responsibility of local authorities and any proposals to meet housing needs are submitted to the relevant local authority for consideration.

There are currently 601 voluntary bodies with approved status from my Department, who may seek assistance to provide accommodation for any, or a number of, eligible categories of persons. Since the commencement of the scheme, over 9,500 units of accommodation have been provided. Details of the number of accommodation units specifically provided for the various eligible categories of persons are not available in my Department.

Local Authority Housing.

Bernard J. Durkan

Ceist:

677 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government the number and location of local authority and affordable houses likely to become available for tenancy in County Kildare in 2005; and if he will make a statement on the matter. [23867/05]

The three local authorities in County Kildare, namely Kildare County Council and Athy and Naas Town Councils, have indicated to my Department that they will complete or acquire over 150 dwellings for letting in 2005 at various locations in the county including Athy, Clogherinkoe, Kilcock, Kill, Kildare town, Prosperous and Straffan. This figure does not include casual vacancies that normally arise in existing houses which are re-let to households on the waiting lists.

EU Directives.

Dan Boyle

Ceist:

678 Mr. Boyle asked the Minister for the Environment, Heritage and Local Government the actions which have been put into practice on the European Court of Justice decisions (details supplied) against the Government. [23868/05]

Of the court judgments referred to in the question, my Department is taking action in a number of cases.

Case C494-01 refers to the waste framework directive. The European Court of Justice, ECG, judgment is being studied by a high-level group of officials from my Department, the Office of Environmental Enforcement, the Department of Finance and the local authorities, with a view to preparing a national appropriate response to the judgment's requirements. The group will complete its work within a designated timeframe, which is currently 1 September 2005, or within any further period which may be agreed with the Commission.

Case C406-03 refers to EC Regulation 2037/2000 on substances that deplete the ozone layer. The report, Gap Analysis for the Implementation of EC Regulation 2037/2000 on Substances that Deplete the Ozone Layer, commissioned by the Environmental Protection Agency, EPA, and prepared by the consultants URS Ireland Limited, will be available on the EPA's website, www.epa.ie, shortly and I am arranging for copies to be placed in the Oireachtas Library. Having regard to the report, consultation is being finalised between my Department and the Environmental Protection Agency regarding administrative arrangements to implement EC Regulation 2037/2000 on substances that deplete the ozone layer.

Case C117-00 concerns the birds directive. My Department and the Department of Agriculture and Food have developed agri-environmental commonage framework plans for all commonage in Ireland. Destocking requirements will be a condition of the cross-compliance "good agricultural and environmental conditions" that underpin payment of the single farm payments. Monitoring of recovery of habitat is continuing and preparations are being made for a national survey of red grouse towards the end of 2005. There is ongoing dialogue between the Commission and officials from my Department in respect of the over-grazing issue.

Case C67-99 concerns the habitats directive. Considerable progress has been made in the designation of special areas of conservation, SAC, since the judgment of the court in 2001. Ireland has met all of its SAC designation obligations, subject to finalising the limited extension of some salmon river SACs, the designation of certain sites where landowner appeals are still outstanding and, in common with all other member states, completing marine SAC proposals.

Case C392-96 concerns the environment impact assessment directive. The Planning and Development Regulations 2001 are being amended so that the planning exemption for peat extraction will not apply and an application for planning permission will be needed where proposed peat extraction is likely to have significant effects on the environment, by reference to the criteria in Annex III of the environmental impact assessment directive, 85/337/EEC, as amended by 97/11/EC. The draft amending regulations concerned were laid before both Houses of the Oireachtas on 16 June 2005 and are being debated in both Houses this week. I intend to sign these regulations after positive approval has been given by both Houses. Furthermore, the designation of peatland sites as natural heritage areas should be substantially completed by the end of July 2005, other than a relatively small number of sites where proposed designation is under appeal. Such designated sites will, of course, be subject to separate conservation controls.

Case C396-00 refers to a judgment against Italy. I assume that the question intends to refer to the Irish case 396-01 relating to the nitrates directive. Following extensive consultations with the main farming organisations and other interested parties, a nitrates action programme was submitted to the EU Commission on 22 October 2004, a copy of which is available in the Oireachtas Library. In response, the EU Commission issued a letter of formal notice under Article 228 of the treaty indicating that the Commission did not regard the action programme as being complete or compliant with the judgment of the court. Following a series of discussions with the EU Commission and consideration of the issues involved by the Government a substantive response to the Article 228 letter was sent to the Commission on 20 April 2005 indicating that appropriate amendments would be made to the action programme. Work is continuing in my Department in consultation with the Department of Agriculture and Food and the Commission in respect of the final details of the action programme and I expect to be in a position to submit a final text of the programme to the EU Commission in July.

The Department of Communications, Marine and Natural Resources has responsibility for case C67-02, relating to the shellfish waters directive. The Department of Health and Children has responsibility for case C354-99, relating to the protection of animals used for experimental and other scientific purposes.

Environmental Policy.

Dan Boyle

Ceist:

679 Mr. Boyle asked the Minister for the Environment, Heritage and Local Government the number of environmental cases of complaint which are currently lodged with the EU Commission at present. [23869/05]

Dan Boyle

Ceist:

680 Mr. Boyle asked the Minister for the Environment, Heritage and Local Government the number of reasoned opinions from the European Commission which have been registered against the Government on environmental issues. [23870/05]

I propose to take Questions Nos. 679 and 680 together.

The European Commission is currently in correspondence with my Department in respect of 56 cases relating to possible infringements of EU environmental legislation. Reasoned opinions have been received in 30 of these cases.

Dan Boyle

Ceist:

681 Mr. Boyle asked the Minister for the Environment, Heritage and Local Government the number of judgments by the European Court of Justice which have been registered against the Government on environmental issues. [23871/05]

Dan Boyle

Ceist:

682 Mr. Boyle asked the Minister for the Environment, Heritage and Local Government when pending decisions of the European Court of Justice relating to the Government on environmental issues are due to be made. [23872/05]

I propose to take Questions Nos. 681 and 682 together.

There have been 13 judgments against Ireland delivered by the European Court of Justice, nine of which relate to areas for which my Department has responsibility. At this time, the court has not indicated dates for hearings or the delivery of judgments in relation to cases currently before it.

Trevor Sargent

Ceist:

683 Mr. Sargent asked the Minister for the Environment, Heritage and Local Government the institutional arrangements which are being or have been made for the purchase of carbon credits by the Government; the public consultation planned in relation to these institutional arrangements; the guidelines regarding the purchases; if the views of Development Co-operation Ireland have been sought; if the views of environmental non-governmental organisations have been sought; if the views of development non-governmental organisations have been sought ;and the ongoing involvement for DCI as well as or instead of non-governmental organisations is envisaged in advising on and overseeing purchases of carbon credits. [23874/05]

As part of its measures to comply with its Kyoto commitments, the Government has indicated its intention to purchase quantities of carbon allowances each year in the Kyoto Protocol commitment period 2008-12.

In order for the credits to be purchased on behalf of the State, it will be necessary to put in place institutional arrangements for the actual purchase and management of allowances. These arrangements will be subject to governmental approval and include, inter alia, the designation of a purchasing authority, the establishment of criteria on which to validate proposals, the types of allowances to be purchased, the registration and surrender of allowances and the nature of ongoing advisory arrangements. There is regular consultation on climate change issues with relevant stakeholders through a range of fora and this will continue.

Trevor Sargent

Ceist:

684 Mr. Sargent asked the Minister for the Environment, Heritage and Local Government if mass releases of balloons are in breach of any existing legislation; or if he will consider bringing in legislation, such as exists in other jurisdictions, preventing such releases. [23875/05]

I am advised that problems caused by mass balloon releases were first highlighted at a conference in Canada in 1989 on plastic and other debris found at sea. Balloons, some still partially inflated, had been found accumulating on islands off the east coast of Canada. In response to these findings some countries curtailed balloon releases. I am further advised of reports showing that an estimated 90% to 95% of released balloons rise to an altitude of five miles where the temperature and pressure is such that they burst into small fragments, with no potential to harm marine wildlife. While there have been reports of marine animals found with balloons in their stomachs, I understand that balloons form an extremely small percentage of potentially hazardous marine debris. It is not proposed at present to introduce legislation prohibiting the mass release of balloons.

Water and Sewerage Schemes.

Michael D. Higgins

Ceist:

685 Mr. M. Higgins asked the Minister for the Environment, Heritage and Local Government the status of the Oughterard sewerage scheme; the progress made on this scheme to date; the date by which he expects and anticipates this work to have been completed; and if he will make a statement on the matter. [23876/05]

The Oughterard sewerage scheme has been approved for construction in my Department's water services investment programme 2004-06. My Department is awaiting submission of Galway County Council's preliminary report for the scheme for approval.

Róisín Shortall

Ceist:

686 Ms Shortall asked the Minister for the Environment, Heritage and Local Government further to Parliamentary Question No. 468 of 31 May 2005 if he will commit to providing funding in the 2006 estimates to ensure that the recommendations of the greater Dublin strategic drainage study can be acted upon by the local authorities concerned; the funding currently available under his Department’s water services investment programme 2004-06; and if he will make a statement on the matter. [23878/05]

The greater Dublin strategic drainage strategy study report was recently submitted to my Department and is currently being examined. Proposals in the report for new water services infrastructure will be considered for inclusion in my Department's water services investment programme. Details of water services schemes currently approved for funding by my Department are set out in the water services investment programme 2004-06 which is available in the Oireachtas Library.

Social and Affordable Housing.

Arthur Morgan

Ceist:

687 Mr. Morgan asked the Minister for the Environment, Heritage and Local Government if a cost benefit analysis was carried out in respect of Government proposals to swap State land for affordable housing; if such a cost benefit analysis was carried out to make available data in respect of each proposed transaction including the value of each plot of land being transferred to a developer, the value of an asset being received in exchange for the land and the estimated sale price of each affordable housing unit. [23879/05]

A value for money analysis was carried out on the Harcourt Terrace Lane site as part of the procurement process, which itself was open and transparent and conducted by Dublin City Council as project managers for the site. The analysis included data in respect of the pre-tender value of the site, the value of the equity being received in exchange for the site and the estimated sale price of the affordable housing units.

Arthur Morgan

Ceist:

688 Mr. Morgan asked the Minister for the Environment, Heritage and Local Government if he will provide details of all developers and builders with whom the Government intends to engage in swapping State land for affordable housing units. [23880/05]

Following an open and transparent procurement process conducted by Dublin City Council, who were project managers for the exchange of the Harcourt Terrace Lane site, Durkan Homes was selected as the preferred bidder. The six other sites identified as having potential for similar exchanges will be marketed, and procurement undertaken, on a similar basis.

Arthur Morgan

Ceist:

689 Mr. Morgan asked the Minister for the Environment, Heritage and Local Government if his Department or any other member of Government was lobbied by developers or others seeking the release of State lands which are now proposed to be swapped for affordable housing at other locations; and if any such lobbying occurred the details of same. [23881/05]

The Construction Industry Federation made a submission in April 2004 to the Department of the Taoiseach proposing a number of additional measures to accelerate delivery of affordable units under the affordable housing initiative, AHI. In response, the Taoiseach announced to the parties to Sustaining Progress in July 2004 that alternative strategies for fast-tracking delivery would be pursued, including the possibility of swapping valuable sites in return for affordable housing in a manner that ensures more units, quicker delivery and better value for money.

Apart from the above, my Department is aware of only one other approach from the construction sector about the release of State lands under the AHI. This was made to my Department last year by an estate agent operating in the Cork area who inquired as to whether State lands, including the Department of Agriculture and Food site at Model Farm Road in Cork city, would be put on the market as a land swap option. The reply given orally by my Department was that all matters concerning the early delivery of units under the initiative were under active consideration.

Arthur Morgan

Ceist:

690 Mr. Morgan asked the Minister for the Environment, Heritage and Local Government if his Department considered making the State land which is to be transferred to developers available to either the relevant local authority or a voluntary or co-operative housing association for the construction of social housing; and if he will make a statement on the matter. [23882/05]

The land swap programme is designed to accelerate delivery of affordable housing units under the affordable housing initiative. The model to be used will be similar to that piloted on the Harcourt Terrace Lane site. The exchange of a 0.4-acre site is now set to deliver some 193 affordable houses in private housing estates, 140 of which will be available in 2005 with the balance in 2006. Consequently, substantially more households will benefit in a quicker timeframe than building on the Harcourt Terrace Lane site, which has a maximum residential development potential of some 30 apartments.

As part of the broader delivery of housing nationally, all local authorities will review their land management strategies to maximise the availability of land for their own housing programmes, voluntary and co-operative housing, housing partnerships with the private sector and to secure more active use of brownfield land and derelict sites.

Waste Management.

Eamon Gilmore

Ceist:

691 Mr. Gilmore asked the Minister for the Environment, Heritage and Local Government the local authority areas with private municipal refuse collection, which provide a door-to-door collection for recyclable material; and the categories of recyclable materials, which are collected in each case. [23883/05]

Eamon Gilmore

Ceist:

692 Mr. Gilmore asked the Minister for the Environment, Heritage and Local Government the local authorities, which provide a publicly run municipal refuse collection as well as a door-to-door collection for recyclable material; and the categories of recyclable materials which are collected in each case. [23884/05]

I propose to take Questions Nos. 691 and 692 together.

My Department does not routinely compile information on local authority waste collection services, which are a matter for those authorities. However, earlier this year in the context of the move to pay-by-use waste charging systems, the Department compiled data on the waste collection services being locally provided. I am arranging to forward this information to the Deputy. Regarding the types of recyclable materials collected, under the collection permit regulations it is a matter for the relevant permitting authority when issuing collection permits to specify the classes of waste to be segregated, collected and treated. As this is a matter determined at local level, my Department does not have the information sought in the question in this regard.

Eamon Gilmore

Ceist:

693 Mr. Gilmore asked the Minister for the Environment, Heritage and Local Government the local authority areas that have recycling or bring centres; the number of centres per area in each case; the ratio of centres to population; and the categories of waste accepted in the bring centres. [23885/05]

My Department does not maintain data to the level sought in the question. In particular, there is no breakdown available on materials accepted at individual recycling or bring centres. Data on bring sites and civic amenity sites at end 2004, for the purposes of providing a subvention towards their operating costs, are still being compiled. The most recent available figures refer to the position as at end June 2004 and refer exclusively to local authority operated sites as set out in the following table.

Recycling Facilities by Local Authority.

Local Authority

No. of Bring Sites and Civic Amenity Sites(at 30/06/04)

Carlow

433

Cavan

281

Clare

544

Cork

1,452

Donegal

551

Dún Laoghaire-Rathdown

562

Fingal

842

Galway

923

Kerry

625

Kildare

401

Kilkenny

441

Laois

371

Leitrim

360

Limerick

462

Longford

220

Louth

371

Mayo

792

Meath

372

Monaghan

221

North Tipperary

292

Offaly

391

Roscommon

302

Sligo

380

South Dublin

501

South Tipperary

732

Waterford

433

Westmeath

572

Wexford

1,462

Wicklow

553

Local Authority

No. of Bring Sites and Civic Amenity Sites(at 30/06/04)

City Councils

Cork

411

Dublin

1,002

Galway

160

Limerick

181

Waterford

261

Totals

17,857

Eamon Gilmore

Ceist:

694 Mr. Gilmore asked the Minister for the Environment, Heritage and Local Government the percentage and tonnage of non-hazardous recyclable waste exported for sorting and the percentage and tonnage of non-hazardous recyclable waste exported for recycling for each year of the past five years. [23886/05]

Eamon Gilmore

Ceist:

695 Mr. Gilmore asked the Minister for the Environment, Heritage and Local Government the percentage and tonnage of hazardous recyclable waste exported for sorting and the percentage and tonnage of hazardous recyclable waste exported for recycling for each year of the past five years. [23887/05]

I propose to take Questions Nos. 694 and 695 together.

The compilation of detailed statistics on waste generation, recovery, recycling and final disposal are matters for the Environmental Protection Agency, which prepares the national waste database, NWD, every three years. The most recent such report was published in 2003, in respect of waste arising in 2001, and is available from the EPA. In addition, the EPA has published an interim national waste database report for the years 2003 and 2002.

The export of waste is regulated by local authorities, in accordance with the EU Transfrontier Shipment of Waste, TFS, Regulation, Council Regulation (EEC) No 259/93 of 1 February 1993 on the supervision and control of shipments of waste within, into and out of the European Union, OJ L30, 6.2.1993. The following table sets out the tonnage of both hazardous and non-hazardous notified waste, which was exported in the years 2001 to 2003.

2003

2002

2001

Total Waste Exported (tonnes)

420,841

270,857

287,062

Hazardous Waste

170,678

109,547

115,366

Contaminated Soil

218,521

139,892

159,943

Non-Hazardous

31,642

21,417

11,753

Percentage recovered

69%

80%

80%

Not all exported waste is required to be notified under the transfrontier shipment of waste regulation. Wastes listed in annex II, the "green list", of that regulation may be exported for recovery without notification. Green list wastes are typically clean segregated recyclable waste fractions and enjoy unhindered movement within the EU. The following table sets out the tonnage of non-notified waste exported for recycling in the years 2001 to 2003.

2003

2002

2001

Total Non-Notified Waste Exported

858,211

568,658

371,488

% of Irish Waste Recycling Abroad

69%

72%

55.1%

Comparable figures for the years 1999 and 2000 are not available.

Departmental Expenditure.

Enda Kenny

Ceist:

696 Mr. Kenny asked the Minister for the Environment, Heritage and Local Government the amount of his Department’s budgetary allocation for 2004; the amount of this allocation which was returned to the Department of Finance at year’s end; the Vote head from which such returned allocations were derived; and if he will make a statement on the matter. [23986/05]

The 2004 Revised Estimates provision for the Department of Environment, Heritage and Local Government, Vote 25, was €2,309,788,000, net, made up of €685,346,000, current, and €1,624,442,000, capital. The final outturn was €2,228,701,000, net, made up of €682,058,000 current and €1,546,643,000, capital, giving rise to a surplus of €81.087 million comprising €3.288 million, current, and €77.799 million, capital. The following table sets out expenditure activity on a programme basis, giving detail of 2004 provisions and outturns and, resulting excesses andsavings.

2004 Provision €’000

2004 Outturn €’000

(Excess)/saving €’000

80,941

Administrative Budget

81,467

(526)

1,136,682

Housing

1,085,797

50,885

462,269

Environment

422,966

39,303

516,278

Local Government

533,798

(17,520)

57,061

Heritage

50,441

6,620

84,450

Other Services

84,504

(54)

2,337,681

Gross

2,258,973

78,708

-27,893

Less Appropriations in Aid

-30,272

2,379

2,309,788

Net

2,228,701

81,087

Less capital carryover

75,601

Net Surplus

5,486

Beginning in 2004, the capital envelope agreement between my Department and the Department of Finance sets out aggregate capital provisions for my Department's programmes over rolling five-year periods, with the most recent envelope covering the period 2005 to 2009 valued at some €9 billion. As part of the agreement the Department is allowed to operate a carryover facility of up to 10% of the current year's voted capital allocation, which was €162 million in the case of 2004. My Department availed of a carryover of €75.601 million, which is being applied to our capital programmes in 2005 and at 4.65% of total net 2004 capital provision was well below the 10% carryover allowed.

Taking account of capital carryover, the net surplus surrendered to the Exchequer was €5.486 million, representing only 0.24% of the 2004 provision. It should be noted that this amount was the aggregate net amount arising from savings and excesses across the full range of my Department's current and capital expenditure as well as fluctuations in appropriations-in-aid and so it is not practicable to relate it to individual subheads.

Brian O'Shea

Ceist:

697 Mr. O’Shea asked the Minister for the Environment, Heritage and Local Government the amount his Department has spent to date in 2005 on the implementation of the provisions of the Official Languages Act 2003; his estimate of the amount which his Department will spend on the implementation of the Official Languages Act 2003 for the full year in 2005; and if he will make a statement on the matter. [24020/05]

My Department has been included in the first tranche of public bodies required to produce an Irish language scheme under the Official Languages Act 2003. Our scheme, which has recently been approved by the Minister for Community, Rural and Gaeltacht Affairs, will take effect from August 2005.

Specific costs incurred by my Department in the implementation of the Act to date amount to €11,277 in respect of the publication of notices under section 13 of the Act. My Department's Estimates for 2005 do not separately identify a cost for implementing the provisions of the Act. Any additional costs arising with translation of material, publication of documents, or advertising, etc. as set out in the Department's scheme will be met from within the overall administrative budget of the Department or the budget for individual projects and programmes.

Prior to the enactment of the legislation, my Department was already making available Irish versions of publications such as the Department's statement of strategy and annual report, and providing replies to correspondence in the language in which it was received. Accordingly, the Act in these areas involves no extra costs for my Department.

EU Directives.

Michael D. Higgins

Ceist:

698 Mr. M. Higgins asked the Minister for the Environment, Heritage and Local Government when the operation scheme for the nitrates directive will be announced (details supplied); the details of the agreement with the European Union on this directive; and if he will make a statement on the matter. [24026/05]

I expect to be in a position to submit a final version of Ireland's nitrates action programme to the EU Commission in July. Work is ongoing in my Department in consultation with the Department of Agriculture and Food and the Commission on the operational details of the programme.

Recycling Policy.

Paul Nicholas Gogarty

Ceist:

699 Mr. Gogarty asked the Minister for the Environment, Heritage and Local Government further to the raising of the matter in Dáil Éireann by this Deputy, if there are plans in the near future to tackle the growing litter problem by introducing a refundable deposit on beverage bottles and cans, as is the case in many European countries and US states; and if he will make a statement on the matter. [24045/05]

Directive 94/62/EC of the European Parliament and of the Council on packaging and packaging waste is based on the concept of producer responsibility, which effectively requires producers to contribute to the waste management costs of products which they have placed on the market at end-of-life. Under the directive, Ireland was required to achieve a 25% recovery rate of packaging waste by 1 July 2001, increasing to a 50% recovery rate by 31 December 2005. Practical implementation of the directive in Ireland is organised mainly through a collective industry-based compliance scheme operated by Repak Limited which is working successfully and in 2001 met the target of 25% packaging waste recycling required by the directive.

The latest indications are that Ireland is on course to meet the higher recovery and recycling targets specified for end 2005. The EPA has reported in its national waste database interim report for 2003, published in December 2004, that packaging waste recovery increased to 44% in that year, up from 35% in 2002. Given that these arrangements are achieving the desired result in meeting the recovery targets, the introduction of deposit and refund schemes for beverage containers is not under consideration.

Planning Issues.

Paul Nicholas Gogarty

Ceist:

700 Mr. Gogarty asked the Minister for the Environment, Heritage and Local Government if, following a ruling by the European Commission, any further strategic development zone must have an environmental impact statement carried out for the entire project before it can proceed through the planning process. [24046/05]

I am not aware of any view expressed by the European Commission concerning the application of environmental impact statements, EIS, to strategic development zones, SDZ. Section 168 of the Planning and Development Act 2000 makes provision for the inclusion of information on the likely significant impact on the environment in a draft planning scheme for a SDZ. Article 11 of the Planning and Development (Strategic Environmental Assessment) Regulations 2004, now provides that proposals for SDZ initiated on or after 21 July 2004 are subject to mandatory strategic environmental assessment, SEA, in accordance with the requirements of EU Directive 2001/42/EC, which provides for the SEA of certain plans and programmes.

Sustainable Development Strategy.

Ciarán Cuffe

Ceist:

701 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government the reason he has not announced the local agenda 21 environment partnership fund 2005; when he will do so; and if he will make a statement on the achievement to date with the grants given from the fund in previous years. [24053/05]

The local agenda 21 environmental partnership fund scheme promotes sustainable development by assisting, at a local level, environmental awareness projects that involve partnership arrangements between local authorities and local community groups, schools and environmental NGOs. The scheme is co-funded on a 50-50 basis by the Department and the local authorities. The scheme was introduced in 1997 and since then the Department has contributed a total of €1,910,409 towards 1,055 projects funded under the scheme. Both the level of funding and the number of projects assisted has increased year-on-year.

Allocations from the environment fund, from which the Department's contribution to the local agenda 21 environment partnership fund is drawn, will be finalised shortly. I look forward to the continued operation of the partnership fund.

Social and Affordable Housing.

Ciarán Cuffe

Ceist:

702 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government the number of houses in Galway which have been built and the number which have been occupied under Part V of the Planning and Development Act 2000; and if he will make a statement on the matter. [24054/05]

Details on the number of houses completed under Part V of the Planning and Development Acts 2000 to 2004 are published in my Department's housing statistics bulletins. Information is already available up to the quarter ending September 2004, copies of which are available in the Oireachtas Library. Information will shortly be available up to end 2004 in the 2004 annual housing statistics bulletin. Data relevant to the question are also available on the Department's website at www.environ.ie.

Local Authority Staff.

Ciarán Cuffe

Ceist:

703 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government his plans to lift the cap on local authority staffing levels in Galway; and if he will make a statement on the matter. [24055/05]

The cap on local authority staffing levels results from a Government decision in December 2002 to cap public service numbers at the existing authorised level and to reduce numbers by 5,000 across all sectors by end 2005. Numbers in the local authorities are to be reduced by 1,000 over that period. Local authorities were informed of the reduction required in the overall local government sector over the three-year period 2003 to 2005 and the overall position is monitored on a quarterly basis.

I have received no proposals from Galway City Council or Galway County Council regarding lifting the cap on local authority staffing levels. However, I am keeping the overall position under review having regard to the employment demands in each local authority.

Departmental Correspondence.

Ciarán Cuffe

Ceist:

704 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government if he has received any correspondence from a company (details supplied), its subsidiaries or any other group representing the company since the general election in 2002; if so, if he will provide copies of such documentation to this Deputy; and if he will make a statement on the matter. [24059/05]

The company in question wrote to my predecessor in November 2003 offering a briefing on biotechnology issues. This offer was declined in writing in December 2003.

Waste Management.

Ciarán Cuffe

Ceist:

705 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government if, prior to the making of the most recent waste regulations, he was requested by a company (details supplied) to modify the waste regulations to allow greater inter-regional movement of waste; if so, if he will provide this Deputy with a copy of the correspondence; and if he will make a statement on the matter. [24063/05]

I assume that the question refers to the recently issued policy direction under section 60 of the Waste Management Act 1996.

The most recent waste management policy statement, Taking Stock and Moving Forward, published in April 2004, recognised that a prohibition on inter-regional movement of waste could be unduly restrictive in terms of securing the development of waste infrastructure and the objectives of waste management plans. Most existing waste facilities are not subject to conditions that limit the geographic area from which they can take waste. The absence of such restrictions has traditionally allowed local authorities to manage capacity constraints by providing for inter-regional movement of waste. Accordingly, the policy statement provided for an examination of the issues arising in terms of the inter-relationship between regional boundaries and waste facilities.

Concerns about the implications of such planning conditions were expressed to my Department by stakeholders from both the public and private sectors, and in particular by the Irish Waste Management Association. In addition, the Environmental Protection Agency in its 2001 waste database report recommended that the inter-regional movement and treatment of waste "should be provided for . . . in appropriate circumstances".

Following legal advice, I recently issued guidance under section 60 of the Waste Management Act to clarify that the application of the proximity principle in the context of waste management does not entail interpreting administrative waste boundaries in such a manner as to inhibit the development of infrastructure, which would support the attainment of national waste policy objectives. This guidance is intended to provide greater clarity in regard to the appropriate application of the proximity principle so as to facilitate the provision of environmentally sustainable and economically viable waste infrastructure in accordance with national policy. I am advised that this guidance has been well received by both the public and private stakeholders. As requested by the Deputy, I am arranging to have copies of the submissions made to my predecessor forwarded to him.

EU Directives.

Ciarán Cuffe

Ceist:

706 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government the timescale for the implementation of, and the agencies responsible for the implementation of the EU directives on waste electrical and electronic equipment and on the restriction on hazardous substances; and if he will make a statement on the matter. [24064/05]

The EU directives on waste electrical and electronic equipment, WEEE, and on the restriction of the use of certain hazardous substances in electrical and electronic equipment, RoHS, involve challenging requirements for all relevant stakeholder groups, particularly producers. In accordance with the terms of the WEEE and RoHS directives implementation will commence on 13 August 2005 and 1 July 2006 respectively.

Implementation of both directives will be the responsibility of producers of electrical and electronic equipment. Producers may comply with the requirements of the WEEE directive either individually or as members of collective schemes. It is likely that there will be two collective schemes, WEEE Ireland and the European recycling platform, ERP. An industry-based registration body is being established and will commence registering producers in July 2005 as required by the directive. The Environmental Protection Agency, EPA, will have the lead responsibility for enforcing the WEEE regulations with local authorities being responsible for enforcement of aspects relating to retailer obligations under the WEEE directive. The agency will also have responsibility for enforcing the RoHS regulations.

Private Rented Accommodation.

Denis Naughten

Ceist:

707 Mr. Naughten asked the Minister for the Environment, Heritage and Local Government further to Parliamentary Questions Nos. 177 and 178 of 14 October 2004, if he will review the operation of each of these elements of the Act; and if he will make a statement on the matter. [24107/05]

It is a statutory function of the Private Residential Tenancies Board to review the operation of the Residential Tenancies Act 2004 and any related enactments, and make recommendations to the Minister for amendments, as appropriate. I will consider any such recommendations following an adequate period of experience of the operation of the legislation. However, as I indicated in my reply to Question No. 177 on 14 October 2004, I do not consider that a review of the statutorily based registration fee structure is warranted.

Appointments to State Boards.

Ruairí Quinn

Ceist:

708 Mr. Quinn asked the Minister for the Environment, Heritage and Local Government if he will provide a list of the vacancies on the boards of statutory or State bodies and other statutory appointments which currently exist and which must be made by him or the Government; the reason, in each case, for the vacancy; and when each vacancy will be filled. [24190/05]

Ruairí Quinn

Ceist:

709 Mr. Quinn asked the Minister for the Environment, Heritage and Local Government if he will provide a list of boards of statutory or State bodies and statutory appointments to which vacancies are expected to fall due between now and 31 December 2005 for appointments to be made by him or the Government; and the mechanisms envisaged by which the appointees will be selected. [24204/05]

I propose to take Questions Nos. 708 and 709 together.

The Heritage Council has one vacancy following the resignation of a council member on appointment to An Bord Pleanála. It is anticipated that this vacancy will be filled in the context of the appointment of the new Heritage Council following the expiry of the term of the present council on 9 July 2005.

In appointing persons to the boards under my aegis I follow the guidelines set out in the Cabinet handbook regarding eligibility, transparency and gender balance. The Department of Finance, in conjunction with other relevant Departments, has been considering whether tax clearance certificates can and should be required of persons being considered for appointment to State boards. Based on the outcome of that process, further consideration will be given as to whether any change to the existing arrangements is appropriate.

Decentralisation Programme.

Fergus O'Dowd

Ceist:

710 Mr. O’Dowd asked the Minister for the Environment, Heritage and Local Government the progress made to date on the decentralisation of Departments and associated agencies to Drogheda, County Louth; and if he will make a statement on the matter. [24282/05]

The Government's decentralisation programme involves the relocation of my Department's functions to four locations — Wexford, Waterford, New Ross and Kilkenny — in the south east. The Local Government Computer Services Board is the only body under the aegis of my Department to be relocated to Drogheda. A total of 61 applications had been received at the central applications facility, CAF, priority cut-off date on 7 September 2004 in respect of the 91 posts to be decentralised.

The board has drawn up and submitted to the decentralisation implementation group an implementation plan, which sets out the broad issues to be addressed in implementing the decentralisation programme. The board will be co-operating with my Department, the Department of Finance and the decentralisation implementation group to ensure implementation of the programme within agreed timescales. In this regard the board is not included on the list of those organisations considered potential early movers.

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