Vol. 606 No. 2
9 Mr. Costello asked the Minister for Defence if he will report on his meeting in Sarajevo with Major General David Leaky, commanding officer of the European Union Forces and with Lord Ashdown, UN High Representative in Bosnia-Herzegovina; the issues that were discussed at this meeting; and if he will make a statement on the matter. [25885/05]
42 Mr. Gilmore asked the Minister for Defence if he will report on the outcome of his visit to the Camp Eagle US military base in Sarajevo to meet the Irish troops stationed there; and if he will make a statement on the matter. [25926/05]
I propose to take Questions Nos. 9 and 42 together.
During the period 30 May to 1 June, I visited Irish troops serving with KFOR in Kosovo, and EUFOR in Bosnia-Herzegovina. During my visit to EUFOR, I met Lord Ashdown, the High Representative for Bosnia-Herzegovina and Major General A. David Leakey, Force Commander EUFOR on 31 May 2005. The discussions were wide-ranging and included the current situation in the area and the prospects for further developments and also the question of the opening of negotiations on a Stabilization and Association Agreement with the EU.
On 1 June 2005, I visited Camp Eagle Base in Tuzla. This is the location of the headquarters of the Finnish led multi-national task force, north, of EUFOR, with which Irish personnel are serving with EU and other participating nations. I observed, at first hand, what the situation facing our troops is like in Bosnia. I conveyed to the troops, on behalf of the Government and the people of Ireland, our deep appreciation for the outstanding manner in which they continue to perform their duties on overseas service.
During my visit I found morale among troops to be very high. I congratulated the Irish personnel on the success of their mission to-date. Irish Defence Forces participation in EUFOR's Operation ALTHEA is a vitally important component of our overall approach to peace keeping. Serving, as they do, as part of a Finnish-led task force, Irish personnel are charged with a wide range of tasks including maintaining security and preventing a resumption of violence, supporting counter terrorism and the fight against organised crime, facilitating freedom of movement for the local population and assisting the return of refugees.
10 Mr. Neville asked the Minister for Defence the requests he has had from the United Nations to supply troops to UN missions since September 2004. [25680/05]
At present Ireland subscribes to the United Nations Standby Arrangements System, UNSAS, under which the State offers to provide up to 850 personnel on overseas service at any given time. Ireland's commitment under the UNSAS represents 10% of the total army strength. This is the maximum sustainable commitment that Ireland can make to overseas peacekeeping operations. At present 749 Defence Forces personnel are serving overseas.
Ireland receives requests from time to time in relation to participation in various missions and these are considered on a case-by-case basis. Since September 2004, two such requests have been received from the United Nations. The first request was in April 2005 to contribute a number of Defence Forces personnel to act as UN military observers, UNMOs, to the United Nations Mission in the Sudan, UNMIS. The request was for 15 personnel. The second request was in June 2005 for participation with formed units, ranging from 30 to 850 personnel, in the United Nations Organisation Mission in the Democratic Republic of the Congo, MONUC.
These requests were given careful consideration, as are all requests from the UN. However, following consultation with the military authorities and taking into account the level of existing commitments to overseas peacekeeping operations at the time of the requests, it was decided not to accede to the UN requests on these occasions.
12 Mr. M. Higgins asked the Minister for Defence if he will outline his concerns regarding the proposed developments at Weston Airport, near Lucan, County Dublin; if he will elaborate on his fears concerning the safety risks for military aircraft flying into the Air Corps base at Baldonnel; if he has received any response to his letter to the Irish Aviation Authority regarding these concerns; and if he will make a statement on the matter. [25927/05]
13 Mr. Gogarty asked the Minister for Defence his views on the proposed developments at Weston airport, near Lucan, County Dublin; the implications for military aircraft flying into Baldonnel; and if he will make a statement on the matter. [25794/05]
48 Ms C. Murphy asked the Minister for Defence the impact which Weston aerodrome’s moving from visual to instrument control would have on available training time at Casement aerodrome; the consultation process which is followed in the event of such a change; the notification which occurs between his Department, the IAA and Dublin Airport; and if he will make a statement on the matter. [25956/05]
I propose to take Questions Nos. 12, 13 and 48 together.
The Irish Aviation Authority, under the aegis of the Department of Transport, is responsible for the safety regulation of Irish airspace.
Weston aerodrome is licensed by the Irish Aviation Authority in accordance with the Aerodrome and Visual Ground Aids Order, and in issuing the licence, the authority's remit extends to aviation safety standards. In addition, the Irish Aviation Authority is a notice party under planning and development regulations, so that any development with the potential to endanger or interfere with the safety, or safe and efficient navigation of, aircraft is sent to the Irish Aviation Authority.
The local authorities are responsible for land use planning on, and in the vicinity of, Weston aerodrome in accordance with the Planning and Development Act of 2000. I understand that both South Dublin County Council and Kildare County Council are closely monitoring proceedings at Weston.
The issue of the current and future use and development of Weston aerodrome is of concern to my Department only in so far as it infringes upon Defence Forces responsibility for the control and management of military airspace, which is such airspace as is designated for Defence Forces use under section 68 of the Irish Aviation Authority Act 1993.
My principal concerns regarding the proposed development of Weston aerodrome focus on maintaining safe and functional airspace in which military flight training and air operations can continue on a 24-hour basis. The Air Corps continually conducts risk assessments to ensure the maximum safety for all airspace users, including liaison with Weston on safety issues.
My Department wrote to the Irish Aviation Authority earlier this year to express concerns about possible developments at Weston aerodrome. In response, the IAA advised that no airspace change proposal had been received from Weston at that time. An airspace change proposal has however recently been submitted to the IAA by Weston Airport Limited. Weston has also copied the proposal to my Department and this is under examination at present by the Air Corps.
Integral to the ongoing risk assessments carried out by the Air Corps, and cognisant of Weston's proposal to expand into instrument flight rules operations, will be an assessment on the potential impact this development will have on Air Corps flight operations and flying training programmes.
This issue, and many other aspects of this proposal concerning the interface between military air traffic, traffic from Weston and other civil users of the airspace, will be considered in due course during the consultation phase of discussions between the principal interested parties, that is, the IAA, Weston airport management and representatives of my Department and the Defence Forces.
14 Aengus Ó Snodaigh asked the Minister for Defence the implications for defence spending of recommendations from the Assembly of the Western Union to increase research technology and development investment. [25970/05]
21 Mr. Ferris asked the Minister for Defence the implications for defence spending of recommendations from the Assembly of the Western European Union to launch a genuine European military space observation programme and to incorporate an intelligence policy based on satellites into the European security and defence policy. [25972/05]
25 Mr. Ferris asked the Minister for Defence the implications for defence spending of recommendations from the Assembly of the Western European Union to improve intelligence capabilities. [25971/05]
39 Aengus Ó Snodaigh asked the Minister for Defence the implications for defence spending of recommendations from the Assembly of the Western European Union to increase military capabilities. [25969/05]
44 Mr. Crowe asked the Minister for Defence the implications for defence spending of recommendations from the Assembly of the Western European Union to establish a permanent multinational operations headquarters. [25973/05]
57 Mr. Crowe asked the Minister for Defence the implications for defence spending of recommendations from the Assembly of the Western European Union to make financial resources available to the European capability action plan. [25974/05]
I propose to take Questions Nos. 14, 21, 25, 39, 44 and 57 together.
There are no implications for defence spending arising from the recommendations of the Western European Union Assembly. Ireland is not a member of the Western European Union, but holds observer status. Following the Treaty of Amsterdam, the EU took over the WEU's crisis management functions but the WEU continues in existence in relation to certain functions arising from its treaties, to which Ireland is not a party, and in relation to some residual administrative elements. These include: the modified Brussels Treaty, which involves: Article V, the mutual defence provisions; Article IX, institutional dialogue with the WEU Assembly; the reorganisation and future opening to the public of the WEU archives; and the management of pensions.
The WEU Assembly represents the parliamentary dimension of Western European Union and essentially provides a consultative dimension to the Union vis-à-vis the WEU Council, which comprises the Foreign and Defence Ministers of WEU member states. While the council has not met since 2000, the assembly continues to meet to discuss and debate issues in relation to European security and defence. European national parliaments can send delegations to the assembly, which currently has some 400 members. Committee meetings are also held on a regular basis together with colloquies, conferences and seminars on specific topics. As an observer, Ireland can send up to four delegates to attend the assembly. The nomination of delegates is solely a matter for the Oireachtas.
As I have already stated, the European Union, through its European security and defence policy, ESDP, has taken over the crisis management functions of the WEU. Many of the issues highlighted in the recommendations of the assembly simply echo current initiatives within ESDP, which include the development of EU capabilities pursuant to the European capabilities action plan to address identified capability shortfalls in relation to EU crisis management operations. As Deputies will be aware, capabilities is a key issue for the European Defence Agency, EDA, which is tasked with supporting the EU in overcoming capability shortfalls together with supporting rationalisation in the European defence equipment market and consolidation of R and T investment.
I am supportive of measures, which may emerge within the European security and defence policy and through the EDA, which could lead to future efficiencies in defence spending. I expect that the work of the EDA in the field of defence capabilities development, research, acquisition and armaments, by promoting efficiencies, could yield economies of scale for the procurement of equipment for the Defence Forces. I emphasise that the main focus of these measures by the EU and the EDA is not on increasing defence expenditure, but rather, is towards obtaining better value for existing spending levels.
In the context of the broader development of the EU's capacity to carry out both civilian and military crisis management operations, Ireland has advocated that the EU should prioritise the development of qualitative aspects of capability development. I am aware that this view is shared by many of my ministerial colleagues at EU level at a time when the majority of member states, including Ireland, has no plans to increase their defence spending.
To summarise, none of these issues or developments implies increased defence expenditure. In essence the key issue is achieving greater return on existing investment though rationalisation, consolidation and co-operation. Moreover, notwithstanding the recommendations of the WEU Assembly or initiatives or proposals from any other source, defence expenditure is and will remain a national sovereign decision for each member state.
15 Mr. Kehoe asked the Minister for Defence his plans to acknowledge or mark the actions of Irish troops with KFOR on 17 and 18 March 2004, as outlined in the Defence Forces annual report 2004; and if he will make a statement on the matter. [25618/05]
KFOR was established on 10 June 1999 in accordance with UN Security Council Resolution 1244 for an initial period of 12 months, to continue thereafter unless the UN Security Council decides otherwise. The role of KFOR is to support the maintenance of civil law and order within Kosovo so as to develop a climate of safety and security, which will enable the transfer of increased responsibility to the civil authorities. Ireland has participated in the KFOR since August 1999.
The Deputy is referring to the actions of members of the 27th infantry group of the Defence Forces, who were serving in Kosovo at the time of the serious outbreak of violence in March 2004. A major contribution was made by Irish personnel in protecting Serb enclaves in and around Pristina. In holding the line against overwhelming numbers of Kosovan Albanians, the Irish Defence Forces saved numerous lives and the homes of Serb families from certain destruction. In addition, members of the Defence Forces based in KFOR headquarters, on their own initiative, and at no little risk to their own safety went into Pristina at the height of the disturbances and evacuated over 340 Serbians to safety, without doubt saving their lives in the process.
The actions of the Defence Force personnel highlight the professionalism of our Irish personnel in the roles that they conduct at home and abroad on a daily basis. Letters of commendation were awarded to 18 Irish personnel by the commanding general of the multi-national brigade centre, in whose brigade these Irish personnel serve, for their actions during the course of the disturbances. The commendations were for leadership, initiative and brave participation in the rescue team, which included other nationalities as well.
I am advised by the military authorities that there are no plans to mark the actions of Defence Forces personnel with KFOR on 17 and 18 March 2004. However, I would like to take this opportunity to commend the bravery and professionalism shown by the 27th infantry company group of the Defence Forces who were in Kosovo at the time of the disturbances.
16 Mr. Hayes asked the Minister for Defence the stage of implementation at which the review of the Reserve Defence Forces is at; and if he will make a statement on the matter. [25676/05]
The Reserve Defence Force review implementation plan, which was officially launched in July 2004, sets out an ambitious programme of reform and modernisation for the reserve for the period up to end 2009. We are still at a relatively early stage in the lifetime of the plan but I am pleased to say that the implementation deadlines that have been set for specific targets are being met and in some cases are ahead of schedule.
To date work has been completed, as per the plan target, on the reorganisation of the reserve. The necessary regulatory changes are prepared and I will formally launch the reorganised reserve on Saturday, 1 October at a ceremony in Sarsfield Barracks, Limerick. This reorganisation involves the disestablishment and amalgamation of reserve units throughout the country and I am pleased to say that the consultative and communicative approach that the military authorities have adopted in this process, has made this change as painless as possible for those involved. I would also like to credit the representative associations for their constructive engagement with the reorganisation process.
In addition to the reorganisation outlined above, the other aspects of the plan are also on schedule. The equipment programme is being implemented with the Steyr rifle programme ahead of schedule and the support weapons programme on target. The reserve has already received issues of new clothing as provided for in the plan.
The training programme is progressing on schedule and many training syllabi for the reserve have been revised and approved. Work will continue in this area over the course of the plan. The establishment of the Reserve Defence Force training authority alongside the Defence Forces training centre in the Curragh, which is provided for in the reorganised reserve, represents an important development that will further enhance the quality of training available to the reserve. The twinning of reserve units with their PDF counterparts will also improve the availability of specialised equipment and expertise. This will further contribute to the quality of training available to the reserve.
The financial allocation to support the training function is in line with plan targets. The current allocation of 114,000 mandays which provides for paid training days represents an 80% increase over the original allocation. Further increases in allocations, subject to financial prioritisation within the military budget as a whole, are provided for.
Although I am satisfied that the implementation process is on schedule to date, there are further targets to be met in the remaining period of the plan. The reorganised reserve, which as I have mentioned will be launched on 1 October 2005, is a crucial milestone in the implementation process and this will provide the necessary platform for implementation of other aspects of the plan. The development of the integrated element of the reserve as well as the development of policies to support the selection of suitably qualified reserve personnel for overseas duties, are important elements of the plan that require continued work in order to meet their implementation target dates. Additionally further implementation targets for the equipment and training programmes have to be met over the lifetime of the plan.
17 Mr. Perry asked the Minister for Defence the number of task forces or agencies which have responsibility for national security and emergency planning; and if he will make a statement on the matter. [25947/05]
As Minister for Defence, I am responsible for the Department of Defence's emergency planning objectives, which are to promote the co-ordination of emergency planning functions across all Departments and other key public authorities and to oversee the emergency planning process in general. In pursuing this objective, I chair the Government task force on emergency planning, which comprises Ministers as well as senior officials of Departments and public authorities which make a key contribution to the emergency planning process. The task force, which is a top level structure that offers policy and direction, co-ordinates and oversees the emergency planning activities of all Departments and public authorities. It promotes the best possible use of resources and compatibility between different planning requirements. The interdepartmental working group on emergency planning comprises officials representing Departments and public authorities with lead or principal support roles in Government emergency plans. The task force charges the working group with carrying out specific studies and developing particular aspects of emergency planning. The working group is the vehicle through which expertise is shared between Departments and public authorities on emergency planning. The working group continues to address emergency planning matters to reduce the potential impacts of emergencies on this State.
The office of emergency planning in the Department of Defence supports the Department's emergency planning objective and the Government task force on emergency planning. The office chairs the interdepartmental working group on emergency planning. The lead responsibility for specific emergency planning functions remains with the relevant Departments. Responsibility for internal national security is a matter for the Garda, with support as appropriate from the Defence Forces. The national security committee is concerned with ensuring that the Taoiseach and the Government are advised of high-level security issues and the responses to them, but it is not involved in operational security issues. It is chaired by the Secretary General to the Government and comprises the Secretaries General of the Departments of Justice, Equality and Law Reform, Defence and Foreign Affairs, the Garda Commissioner and the Chief of Staff, and their respective deputies. It would not be appropriate to give detailed information about the meetings of the committee, but it meets regularly as required and its members liaise on an ongoing basis. It continues to monitor developments which might have security implications, particularly developments in the international arena.
Potential threats to the State arising from international terrorism are continuously monitored by relevant parties, principally the Garda and the Defence Forces. The advice available to me is that while the Garda authorities recognise that the terrorist threat to Europe is high, in relation to Ireland it is low. The awareness that the situation could change rapidly and with little warning has ensured that vigilance is maintained. The objective has been, as far as possible, to confine and control threats before they translate to destructive actions. Those charged with precautionary activities, principally the Garda and the Defence Forces, are central to the process. They analyse information to assess potential vulnerabilities and enable those charged with protecting the public to concentrate scarce resources in the most effective way.
18 Mr. Crawford asked the Minister for Defence if the court of inquiry reports, prepared by the Defence Forces, are available to the public; and if he will make a statement on the matter. [25946/05]
35 Mr. Naughten asked the Minister for Defence the position with regard to the publication of court of inquiry reports; and if he will make a statement on the matter. [25953/05]
41 Mr. Connaughton asked the Minister for Defence if court of inquiry reports, undertaken by the Defence Forces, are available for public inspection; and if he will make a statement on the matter. [25951/05]
I propose to take Questions Nos. 18, 35 and 41 together.
Courts of inquiry are internal military inquiries. A court of inquiry may be convened by a prescribed convening authority under the provisions of Defence Force Regulations A5 and Part III of the Rules of Procedure (Defence Forces) 1954, SI No. 243 of 1954. The purpose of a court of inquiry is to allow the convening authority to take such action as he may deem necessary in respect of the subject matter of the inquiry. The confidentiality of such a court is based on the fact that the subject matter of a court of inquiry normally relates to a particular individual or individuals. Other than as a prelude to charges, it may also lead to other action as recommended by the court. There may also be security or operational implications arising from such an inquiry. Paragraph 11(2) of the Defence Force Regulations A5 provides that:
The findings and recommendations of all courts of inquiry shall be treated as confidential. They shall not be disclosed to interested parties, except as provided in subsection 181(2) of the Defence Act, 1954, Rules of Procedure (Defence Forces), 1954 and Defence Force Regulations A.8 unless otherwise directed by the Minister.
Section 181(2) of the Defence Act refers to a situation where a court of inquiry is held prior to trial by court martial. The proceedings and findings of military courts of inquiry are, therefore, not generally available for public inspection. However, courts of inquiry documents have been made available on request, in certain cases, to the immediate families of deceased members of the Defence Forces who have died as a direct result of military service. While such requests are considered on a case by case basis, every effort is made to deal with such requests from bereaved families in a compassionate manner, subject to security considerations and legal implications as regards third parties relevant to the particular case. It should be emphasised, however, that UN boards of inquiry documents are a different matter. Such documents are internal documents of the UN and are the property of the UN. They are supplied to national state authorities on the specific condition that they cannot be released or made public in any manner. This prohibition comprehends and encompasses judicial proceedings.
19 Mr. Durkan asked the Minister for Defence if he has satisfied himself that adequate resources and equipment are available to the Defence Forces in the event of their being called upon to assist following a terrorist attack or natural disaster; and if he will make a statement on the matter. [25979/05]
The most important defence against any terrorist attack is detection and prevention by the security forces. While the Garda has the primary responsibility for law and order, one of the roles assigned to the Defence Forces is the provision of aid to the civil power. In practice, that means that the Defence Forces assist the Garda when requested. The various components of the Defence Forces are active in this regard, providing whatever assistance is appropriate in specific circumstances. The level of terrorist threat to Ireland is continually assessed. The advice available to me suggests that while the terrorist threat to certain parts of Europe is high, in relation to Ireland, it is low. However, it is prudent that we take precautions and keep matters under continuous review.
The Defence Forces make contingency plans for a range of scenarios in which the State may be at risk. An urgent and detailed review to deal with a range of emergency situations was undertaken by the military authorities following the events of 11 September 2001. The review included, inter alia, an update of the threat assessment, intensive contacts with other State agencies, a reassessment of operations orders relating to vital installations, alert systems, the Army ranger wing, ordnance and engineer aspects in terms of explosive ordnance disposal and specialist search, a review of equipment and the need for air defence. All matters arising were addressed and all procedures updated as required. As the Deputy appreciates, however, it is not possible to expand on the operational details of such plans. The capacity of the Defence Forces to deal with major emergencies is kept under constant review. Plans and procedures are updated as necessary and the additional equipment that is required to address any perceived deficiencies is acquired on the basis of identified priorities. Training and preparation for such events is also provided for in the Defence Forces annual training plan. The most important defence against any attack is of course external vigilance, detection and prevention by the security forces. All the necessary resources of the Garda and the Defence Forces are deployed to this end.
20 Mr. Timmins asked the Minister for Defence if he will provide a list of the members of the board of the Civil Defence; the criteria which is used for appointment to this board; the name of its chairman; and if he will make a statement on the matter. [25652/05]
The Civil Defence Act was signed into law in April 2002. The inaugural board of the Civil Defence was appointed with effect from 5 June 2002. As the board's term of office was three years, a new board was appointed in 2005. Section 11 of the Act provides that the board shall consist of at least eight but not more than 14 members who shall be appointed by the Minister for Defence; that not less than four of the members of the board shall be women and not less than four shall be men; and that the Minister for Defence shall designate one member of the board as chairperson. Section 11(2) of the Act provides:
The members of the Board shall be—
(a) the director general,
(b) a person nominated by the County and City Managers Association,
(c) 4 persons who, in the opinion of the Minister, have experience in business, industry, finance or administration relevant to the Board’s functions,
(d) a person nominated by the Minister for the Environment and Local Government who, in the opinion of that Minister, has relevant experience or expertise relating to emergency planning,
(e) a person nominated by the Radiological Protection Institute of Ireland,
(f) a person nominated by the Environmental Protection Agency,
(g) a member of the Civil Defence Officers Association nominated by it,
(h) an officer of the Defence Forces nominated by the Chief of Staff of the Defence Forces,
(i) a member of the Garda Síochána nominated by the Commissioner of the Garda Síochána, and
(j) subject to subsection (5)—
(i) a volunteer member of civil defence, and
(ii) a member of the staff of the Board.
The four members of the board who were appointed by me are Mr. Joe Maher, who is the board's chairperson; Ms Kay Cable; Mr. Tony Kelly; and Mr. Oliver O'Loughlin. The other ten members of the board are Mr. Gerry Gervin, who is the director general of the Civil Defence board: Mr. Ned Gleeson, who is the county manager of Limerick County Council; Mr. Seán Hogan of the Department of the Environment, Heritage and Local Government; Dr. Barbara Rafferty of the Radiological Protection Institute of Ireland; Ms Majella Byrne of the Environmental Protection Agency; Ms Gabrielle Willis, who is the Civil Defence officer of Wexford County Council; Comdt. Kevin Houston of the Defence Forces; Chief Superintendent John T. Farrelly of the Garda Síochána; Mr. Gerry Naylor, who is a volunteer member; and Ms Róisín McGuire, who is a staff member.
22 Ms B. Moynihan-Cronin asked the Minister for Defence the position with regard to the availability of St. Bricin’s Hospital to the Minister for Health and Children; his views on the extent to which St. Bricin’s needs to be upgraded for use in the wider health service; if any such cost would be met by his Department; when a decision will be made on the future of the hospital; and if he will make a statement on the matter. [25931/05]
27 Dr. Twomey asked the Minister for Defence the improvements which have been carried out to St. Bricin’s Hospital since October 2004; and if he will make a statement on the matter. [25661/05]
34 Dr. Twomey asked the Minister for Defence if he has had any recent discussions with respect to the use of St. Bricin’s Hospital, Parkgate Street, Dublin; and if he will make a statement on the matter. [25659/05]
I propose to take Questions Nos. 22, 27 and 34 together.
I have indicated my willingness to make the facilities at St. Bricin's Military Hospital available to the public health service if the service wishes to secure access to the facilities. Representatives of the Health Service Executive and the Department of Health and Children visited the hospital to inspect its facilities earlier this year. I inspected the hospital's facilities in late April. The Department and the HSE have given detailed consideration to the possible use of the facilities for public health purposes. Specialist engineering and architectural surveys which were conducted at St. Bricin's Hospital in 2001 indicated that total capital expenditure of at least €20 million, at 2001 prices, would be required to bring the entire facility up to the standard of acute health board and public voluntary hospitals. While some upgrading work has taken place at the hospital since 2001, the building remains essentially unmodernised. The refurbishment that has been done, including fire safety works and rewiring, has been largely focused on meeting health and safety criteria.
I wish to outline the details of the improvements and engineering works which have been carried out at St. Bricin's Military Hospital since October 2004. Some €40,300 was spent on security fencing at the hospital on foot of a contract placed on 13 September 2004. Some €6,054 was spent on two air conditioning units, at the radiographer's room and the hearing test centre within the hospital, on foot of a contract placed on 10 September 2004. Some €125,000 was spent on internal and external painting at the hospital on foot of a contract placed on 15 June 2005. The actual expenditure required for full upgrading and modernisation would depend on the nature of the intended use of the facility. As I have previously made clear, any such expenditure would be a matter for the HSE and the Department of Health and Children. I will consider positively any future proposals for possible public health care use of the St. Bricin's facilities. The Department remains available to do everything possible to co-operate with the Department of Health and Children and the Health Service Executive in that regard if such a consideration arises in the future.
23 Mr. Connaughton asked the Minister for Defence if the capability of the Air Corps will be augmented over the coming six months through the acquisition of new craft; and if he will make a statement on the matter. [25950/05]
The acquisition of new equipment for the Defence Forces, including the Air Corps, continues to be a key focus of mine. In January 2005, two contracts were signed for the provision of new helicopters for the Air Corps at a cost of over €61 million. Four utility helicopters are being acquired from Bell Agusta Aerospace Company at a cost of €48.4 million, inclusive of VAT. The helicopters, two of which will be delivered in 2006 and two in 2007, will be used in support of Defence Force operations. Two light utility helicopters, which are being acquired from Eurocopter SAS at a cost of €12.8 million, inclusive of VAT, are due to be delivered later this year. The first of the two helicopters was accepted by the Department last week, but is being retained in Germany for pilot training purposes. The second of the helicopters is scheduled for acceptance at the end of October. When the helicopters are delivered to Ireland, they will be used to train pilots for their role in support of the Defence Forces. The eight Pilatus PC-9M turbo propeller aircraft delivered last year have replaced seven Marchetti aircraft in the pilot training role. These modern aircraft allow for the continued training of young cadets to the highest standards. A cockpit upgrade is being carried out on the two CASA aircraft at present in the interests of flight safety. A complete radar upgrade is also being considered for both aircraft to increase their operational capability.
24 Mr. Timmins asked the Minister for Defence his policy with respect to courtesy calls from foreign military personnel; and if he will make a statement on the matter. [25650/05]
49 Ms Enright asked the Minister for Defence if he had any arrangement to meet the chief of staff of the USA armed forces during his visit here in July 2005; if so, the reason this arrangement was cancelled; and if he will make a statement on the matter. [25649/05]
60 Mr. Cuffe asked the Minister for Defence if he will clarify the circumstances surrounding the cancellation of a courtesy meeting with the chairman of the US joint chiefs of staff, General Richard Myers, in July 2005; and if he will make a statement on the matter. [25792/05]
I propose to take Questions Nos. 24, 49 and 60 together.
Visits to and from the chiefs of staff of armed forces of other countries are primarily a matter for the Army Chief of Staff. From time to time, courtesy calls from visiting foreign military personnel are arranged with me, subject to the demands of my schedule. The purpose of the trip to Ireland of the chairman of the joint chiefs of staff of the US armed forces, General Myers, was as a return visit to the Army Chief of Staff who visited Washington DC on 31 March 2005. A courtesy call to me at my office in the Department of Defence was scheduled as part of General Myers's itinerary on Wednesday, 20 July last. Some weeks before I learned of General Myers's visit, however, I committed to inspecting the military barracks at Longford and Mullingar as part of my programme of nationwide barracks inspections. Such visits are important as they give me an opportunity to meet and talk to many of the core staff of the Defence Forces. I was ill on the day, unfortunately, and travelled to the midlands against the advice of my doctor. As my visits to the barracks went considerably behind schedule, I was unable to return to Dublin in time to receive General Myers's courtesy call. My regrets were conveyed to General Myers by the Secretary General of the Department of Defence and the Army Chief of Staff, who was hosting the visit. I am disappointed that embarrassment was caused to General Myers by the over-zealous reporting of certain sections of the media in respect of an unavoidable clash of engagements compounded by illness. The media has made offensive suggestions about why the meeting did not take place. Such suggestions are without foundation. Ireland and the United States are bound by historical and family ties. We are reminded by the historic events this week of the value of our close and abiding friendship with the US.
26 Mr. Deenihan asked the Minister for Defence when he last had a meeting with the flag officer of the Naval Service; the issues which were raised at the meeting; and if he will make a statement on the matter. [25674/05]
61 Mr. Deenihan asked the Minister for Defence when he last had a meeting with the general officer commanding the Air Corps; the issues which were raised at the meeting; and if he will make a statement on the matter. [25675/05]
I propose to take Questions Nos. 26 and 61 together.
I last met the flag officer commanding the Naval Service and the general officer commanding the Air Corps on Monday, 25 September 2005, at the review of KFOR troops at Sarsfield Barracks in Limerick. Informal discussions of a general nature took place on that occasion. I am kept fully informed of matters relating to the Naval Service and the Air Corps on an ongoing basis through the usual channels.
28 Mr. Cuffe asked the Minister for Defence if he is considering any changes to Ireland’s triple lock authorisation procedure for sending Irish troops abroad; and if he will make a statement on the matter. [25791/05]
The conditions under which the Defence Forces may participate on overseas peace support operations have been made clear by the Government. The system of conditions, which has been referred to as the "triple lock", must be satisfied. I have established an interdepartmental group to examine all issues relating to our possible participation in the battlegroup concept. Among the issues being examined by the interdepartmental group are the provisions of the current legislation relating to overseas operations. I expect to receive the group's report soon. As I have said on many occasions in response to questions in the House and in public speeches, there are no plans to remove the "triple lock" requirement for Government, Dáil and UN approval for participation by the Defence Forces in overseas peace support operations.
29 Mr. Allen asked the Minister for Defence the reports he has commissioned to examine the possibility of Irish troops joining EU battlegroups; when he expects these to be completed; and if he will make a statement on the matter. [25662/05]
38 Mr. O’Shea asked the Minister for Defence if the three separate reports he has commissioned to examine various aspects of Ireland’s proposed participation in EU battlegroups are complete; if he will report on the details and conclusions of these reports; and if he will make a statement on the matter. [25932/05]
45 Mr. Crawford asked the Minister for Defence if Ireland will join an EU battle group formation; if he will be bringing forward new legislation to ensure that Ireland can take part in such a formation; and if he will make a statement on the matter. [25952/05]
52 Mr. Sherlock asked the Minister for Defence if he has brought to Cabinet proposals for the participation of Irish troops in EU rapid-reaction forces; the legislative changes that are required to facilitate this; and if he will make a statement on the matter. [25882/05]
66 Mr. Durkan asked the Minister for Defence the position in relation to Ireland’s participation in a European rapid response-reaction force; the extent to which the concept has been developed in the past six months; and if he will make a statement on the matter. [25978/05]
I propose to take Questions Nos. 29, 38, 45, 52 and 66 together.
I wish to outline the background to the rapid response elements concept, commonly referred to as battlegroups. Member states set themselves a headline goal at a meeting of the European Council in Helsinki in 1999. They agreed that by 2003, co-operating together and voluntarily, they would be able to deploy rapidly and then sustain forces capable of the full range of Petersberg Tasks set out in the Amsterdam Treaty. The Petersberg Tasks are humanitarian, rescue, peacekeeping and crisis management operations, including peacemaking. They include, inter alia, a capability to provide “rapid response elements available and deployable at very high readiness”. The ambition of the EU to be able to respond rapidly to emerging crises has and continues to be a key objective of the development of the European Security and Defence Policy. Ireland’s participation in such operations is consistent with its foreign policy commitment to collective security, which recognises the primary role of the UN Security Council in the maintenance of international peace and security and its tradition of support for the UN. This position has been endorsed by the UN Secretary General, Mr. Kofi Annan, who recognises and supports the development of EU rapid reaction elements as a key factor in enabling the UN to respond more rapidly and with greater authority to emerging crises. During his visit to Dublin in October 2004, Mr. Annan stressed the importance of battlegroups and requested Ireland’s support for them.
At the Cabinet meeting of 16 November 2004, the Government agreed that I should advise my EU counterparts of Ireland's preparedness to enter into consultations with partners with a view to potential participation in rapid response elements. During a military capabilities commitment conference that was held on 22 November 2004, member states committed up to 13 battlegroup formations which will be available to deploy to crisis situations, within a five to ten-day period, from 2005. Initial offers and commitments by relevant member states were confirmed at a battlegroup co-ordination conference held on 11 May 2005. It was noted that only one slot, the second semester of 2007, remains unfilled. Further progress has been made in a broad range of areas including a 2005 requirements catalogue, which details an initial list of the capabilities required to meet the aims set in the 2010 headline goal. Work has also been done on the establishment of the civilian and military cell, which supports the co-ordination of the civil and military elements of ESDP operations. Progress has also been made on the European capabilities action plan. The European Defence Agency has continued to support the development of European capabilities in respect of the 2010 headline goal and in relation to crisis management operations generally.
Ireland supports the development of the EU's rapid response capability in support of missions authorised by the UN. It is positively disposed towards participation in the rapid response elements in this regard. As it is important that the full implications of Ireland's participation are assessed, I have established an interdepartmental group which includes representatives of the Departments of Defence, the Taoiseach and Foreign Affairs, as well as the Defence Forces and the Office of the Attorney General. The group, which met in December 2004, has established three subgroups to address policy, legislative and operational issues. The subgroups met on a number of occasions during the summer to progress issues relating to battlegroups. While the legal issues subgroup met on four occasions, the others met less often because it is difficult for them to make meaningful progress in the absence of definitive views on the legal issues involved. The Office of the Attorney General is in the process of submitting its report on the legal issues involved to the Attorney General and I expect to receive his report shortly. When the advice has been received, the other two subgroups will expedite the completion of their considerations and report to me in October.
30 Mr. Neville asked the Minister for Defence the amount of funding which was allocated for emergency planning and the implementation of such plans in the Department of Defence’s budget for 2002, 2003, 2004 and 2005. [25678/05]
The office of emergency planning was established following a Government decision in October 2001 as a joint civil and military office within the Department of Defence. The office supports the work of the Government task force on emergency planning, which I chair, and continues to work with Departments and other public authorities to ensure the best possible use of resources and compatibility between different planning requirements. A key area of activity is overseeing emergency planning; refining and developing the arrangements that exist, continuously improving them through review and revision, and generally providing the basis for increased confidence in the emergency planning process.
The interdepartmental working group on emergency planning supports the work of the task force, carries out studies and oversees emergency planning structures and processes. The group encompasses all Departments with lead roles in the various Government emergency plans and the key public authorities, including the Defence Forces, which plan to support such activities. This working group, under the guidance of the Government task force, continues to meet and is chaired by the emergency planning office. It is a forum for developing strategic guidance to all those involved in emergency planning and for sharing information on emergency planning. The lead responsibility for specific emergency planning functions remains with the relevant Departments, as do budgetary, exercise programmes and resource management requirements. The Department of Defence does not have a specific budgetary allocation for emergency planning as emergency plans are co-ordinated by the various lead Departments at a national level and through the local authorities, including the fire service, the Health Service Executive and the local and regional Garda divisions.
Among the roles assigned to the Defence Forces are the provision of aid to the civil power, meaning in practice to assist the Garda Síochána and other civil authorities when requested. The various components of the Defence Forces are active in this regard, providing any assistance that is appropriate in specific circumstances. The capacity of the Defence Forces to deal with major emergencies is kept under constant review. Plans and procedures are updated as necessary and such additional equipment as is required to address any perceived deficiencies is acquired on the basis of identified priorities. Training and preparation for such events is also provided for in the annual training plan of the Defence Forces. The total budgetary allocation to the Defence Forces includes overall provision for these roles and other roles which may be assigned to the Defence Forces by the Government.
31 Mr. Broughan asked the Minister for Defence if he will report on plans for the withdrawal of Irish troops from Liberia; if there is any prospect that Irish troop presence in Liberia will be extended beyond the end of 2006; if these troops will be deployed on their return from Liberia; if he will further report on the success or otherwise of their activities in Liberia; and if he will make a statement on the matter. [25883/05]
47 Mr. Eamon Ryan asked the Minister for Defence his plans for withdrawing Irish troops from Liberia by the end of 2006; and if he will make a statement on the matter. [25795/05]
I propose to take Questions Nos. 31 and 47 together.
A Permanent Defence Force contingent has been serving with the UN mission in Liberia, UNMIL, since December 2003. A one-year extension of the initial deployment of one year was approved by the Government in December 2004, subject to the renewal of the UN mandate and a satisfactory review of the mission. In the near future, I will bring proposals to the Government for the continued deployment of a contingent with the mission after December 2005. From the outset, my predecessor signalled the Government's intention that the involvement of the Defence Forces in UNMIL would not exceed two to three years. The UN 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. The contingent is there to assist the people of Liberia to regain the peace they deserve. It is general policy that deployments of Defence Forces contingents to peace support missions overseas should be for defined periods.
An Irish contingent, together with an infantry company group from Sweden, provides the quick reaction force to the UNMIL force commander. When the unit was deployed in late 2003, its initial focus was to help secure the Monrovia area and to support the disarmament process. In recent times, however, the focus of the unit has altered to framework operations in support of the election process. National elections are scheduled to be held on 11 October, with results expected on the 26 October. The new Government is expected to take office in late January 2006. The Secretary General of the UN has indicated that there will be a review of the UNMIL mission in March 2006, and depending on the political and security situation in Liberia at that time, a downsizing schedule for the UNMIL mission will be agreed at that time.
33 Mr. Boyle asked the Minister for Defence the new security measures involving the Defence Forces which have been put in place at Dublin and Shannon Airports following the terrorist bombings in London; and if he will make a statement on the matter. [25790/05]
The Garda Síochána has primary responsibility for law and order. One of the roles assigned to the Defence Forces is the provision of aid to the civil power, meaning in practice to assist the Garda when requested. There are detailed procedures in place to enable the Garda to obtain the assistance of the Defence Forces in matters of law and order when they consider it necessary.
36 Mr. Kenny asked the Minister for Defence the current level of assistance being given to the United States in the aftermath of Hurricane Katrina; and if he will make a statement on the matter. [25948/05]
While primary responsibility in this area lies with my colleague, the Minister for Foreign Affairs, Deputy Dermot Ahern, a request for assistance from the United States of America in the aftermath of Hurricane Katrina was received through the EU monitoring and information centre in Brussels. Following consideration by the military authorities it was decided to offer to supply and operate two water treatment and purification plants; three critical stress debrief teams; 3,000 ready to eat meals; 65 tents for approximately 500 people; and, if required, a team of Defence Forces personnel to run a camp. Staff officers and logistics experts could also be provided. This response, along with responses from 20 other EU member states was made to the USA through the EU monitoring and information centre. The USA accepted a number of offers but did not call on Ireland in this regard. However, a donation of €1 million was made by the Minister of Foreign Affairs and accepted by the USA.
37 Mr. Sargent asked the Minister for Defence the agenda for the EU Defence ministerial conference in October 2005 at RAF Lyneham, Wiltshire, England; and if he will make a statement on the matter. [25797/05]
A number of informal meetings of EU defence ministers have been held in recent years. The meetings have been a useful forum for informal discussions focused on promoting dialogue between defence ministers in the context of the continued development of the European Security and Defence Policy. An informal meeting of EU defence ministers is scheduled to take place in the United Kingdom on 13 October 2005. The meeting will include a capabilities demonstration on air-to-air refuelling. Progress on Operation Althea will be discussed over a working lunch. The meeting will be followed by a meeting of the steering board of the European Defence Agency. An agenda has not yet been finalised for this meeting.
40 Mr. Boyle asked the Minister for Defence when the proposed booklet advising persons on the action to take in the event of specific national emergencies will be produced; the scope of this booklet; and if he will make a statement on the matter. [25789/05]
I consulted my Cabinet colleagues in April 2005 on a draft proposal to conduct a nationwide public information campaign on emergency planning. Following an assessment of the observations I received, I decided to recommend to Government that my Department should proceed with the research stage of the project. This will allow a planned and costed proposal to be put to Government later for such a campaign in 2006.
Similar campaigns have been undertaken across Europe. Research undertaken in the United Kingdom in advance of its public information campaign, launched in July-August 2004, showed that people wanted information about what to do in an emergency and wanted to know what the Government and emergency services are doing to prepare for an emergency.
My Department is currently drafting the scoping requirements and tender for such a research project in consultation with other key Departments. It is envisaged that the analysis of the output from this research phase will be completed quickly and will inform further recommendations to be made to Government on the type and format of such a campaign. I am reluctant to speculate further on the type of recommendations that will result until this work is completed.
43 Mr. Gormley asked the Minister for Defence if he will report on the July 2005 meeting of the national task force on emergency planning; if he will further report on the assessment made of suspected Islamic terrorist activities in the State; and if he will make a statement on the matter. [25787/05]
50 Mr. Gormley asked the Minister for Defence if he will report on the September 2005 meeting of the Government’s working group on emergency planning. [25788/05]
I propose to take Questions Nos. 43 and 50 together.
The Government task force on emergency planning has worked, since it was set up in 2001, to co-ordinate emergency planning and response arrangements across those Departments that lead and support the State's response in an emergency.
The task force continues to meet on a regular basis, most recently on Tuesday, 20 September 2005. The meeting on Wednesday, 13 July 2005 was convened at particularly short notice as a special meeting in the aftermath of the London bombings.
A focus of the task force continues to be on making the necessary arrangements to respond to the risks from terrorist activities, ensuring that the protection available to the Irish people is maximised, putting mechanisms in place to support the response agencies and providing co-ordination for maximum efficiency and effectiveness.
Potential threats to the State arising from international terrorism are continuously monitored by those involved, principally the Garda Síochána and the Defence Forces. The current advice available to me is that, while the Garda authorities recognise that the terrorist threat to Europe may currently be high, with regard to Ireland it is low.
The awareness that the situation could change rapidly, and with little warning, has ensured that vigilance is maintained. The objective has been, in so far as possible, to confine and control threats before they translate to destructive actions.
Those, principally the Garda Síochána and the Defence Forces, charged with precautionary activities are key to the process. They analyse information to assess potential vulnerabilities and enable those charged with protecting the public to concentrate scarce resources in the most effective way. This assessment work, including that of potential terrorist activities, will continue and must by its nature remain confidential.
Arrangements regarding security issues that may arise are primarily a matter for the Garda Síochána. Emergency planning preparations are designed to ensure that as far as possible the necessary advance planning is in place to deal with the consequences of any incident that may arise.
A critical issue in an emergency situation is the question of issuing adequate and timely warnings and providing the necessary information to the general public on threatened or developing emergency situations.
The EU civil protection mechanism and other international mechanisms provide Ireland with certain warning and alert systems and mechanisms. Television and radio broadcasting will be the key means of contact with the public in such circumstances but all other means of communication will be utilised. International linkages have also been important as a means of sharing expertise and resources. The European Union continues to develop programmes to improve co-operation within the Union, to prevent and limit any consequences of chemical, biological, radiological or nuclear terrorists threats. This was given new impetus by the EU declaration on combating terrorism agreed under the Irish Presidency in 2004, which, among other things, emphasises the benefits of co-operation and co-ordination.
I am pleased to report to this House that there continues to be excellent co-operation between my Department and all other Departments and public authorities on these matters and I continue to report regularly to Government on emergency planning, on a confidential basis.
46 Ms McManus asked the Minister for Defence his views on the conclusions of a recent military police investigation that two members of the Defence Forces were guilty of bullying at McKee Barracks in Dublin; the number of other such investigations that are under way in the Defence Forces; his further views on whether bullying is endemic within the Defence Forces; the efforts he is making to combat bullying; and if he will make a statement on the matter. [25930/05]
54 Mr. Perry asked the Minister for Defence the measures being undertaken to tackle incidences of bullying in the Defence Forces; and if he will make a statement on the matter. [25955/05]
I propose to take Questions Nos. 46 and 54 together.
Dr. Eileen Doyle and the external advisory committee presented their report, The Challenge of a Workplace, in March 2002. This independent report addressed the range of interpersonal issues within the Defence Forces. Its contents and recommendations were accepted in full.
Implementation of the recommendations of the report has been one of the highest priorities for the Defence Forces and my Department since its publication. An independent monitoring group was established in May 2002 to oversee the implementation of these recommendations.
The independent monitoring group's progress report, Response to the Challenge of a Workplace, launched by my predecessor on 24 September 2004, is available on the Defence Forces website and describes in detail the progress achieved since the publication of the original Doyle report in 2002.
Arising from the Doyle report, the following steps have been taken: firm guiding principles have been set out in the Defence Forces dignity in the workplace charter; a major educational awareness programme is ongoing throughout the Defence Forces; a new administrative instruction on interpersonal relationships was introduced in March 2003. The instruction and a users guide were distributed to every member of the Defence Forces; some 185 of a planned 200 designated contact persons have been put in place throughout the organisation to facilitate the operation of the formal and informal procedures that may be used by any party wishing to institute a complaint. Training is ongoing as required to maintain the number of qualified designated contact persons available; an independent external confidential free phone helpline and counselling service was set up for members of the Permanent Defence Force in March 2003; an independent pilot project of exit interviews seeking the experiences and views of outgoing members of the Permanent Defence Force was conducted; leadership training has been given by external experts and has been the subject of NCO focus groups with emphasis on "training the trainers"; an effective interpersonal skills for leaders course for personnel in supervisory and management positions; changes in cadet school instruction have been initiated and issues concerning the ranking, selection and training for cadet school instructors are being addressed; Defence Forces regulations, administrative instructions, policies and procedures have been reviewed by an equality steering group under a Labour Court chairperson; on 19 September 2005 the President appointed the first Defence Forces Ombudsman; an officer within the Defence Forces human resources management section has been assigned responsibility for equality matters; and a training circular 06/04 entitled, Military Code of Conduct for Students and Instructors in all Training Environments, was published. This was followed by an extensive series of associated workshops for all relevant personnel.
The Chief of Staff has repeatedly emphasised his acceptance of the problems indicated by the Doyle report. He has recognised the necessity to tackle this matter in a fundamental way at all levels of the Defence Forces and has demonstrated a very active and genuine commitment to change. He has emphasised that it is incumbent on all commanders to ensure that best practice in the management of personnel is fostered at all levels to eliminate the problems identified in the Doyle report.
Policies on equality, dignity and bullying are constantly being communicated to all ranks. I am satisfied that the military authorities are alert and vigilant on this issue and are committed to addressing the matter in a continuing and proactive manner through education modules on interpersonal relationships now embedded in career courses for all ranks.
I reiterate that bullying is not training for anything. I fully realise that the project of bringing about necessary fundamental changes in attitudes and culture will not be quick or easy. However, with substantial and vigorous leadership, I have every confidence that the proper environment will be firmly established and maintained throughout the Defence Forces.
Following the recent military police investigation into allegations of bullying at McKee Barracks, the deputy Chief of Staff has convened a court of inquiry, which will inquire into all matters connected with these recent allegations of bullying. The court of inquiry will make findings and recommendations on these matters and until such time as it reports I am not in a position to comment further. I am advised that currently there are no further military police investigations ongoing into bullying in the Defence Forces.
In adopting and implementing administrative instruction No. A7 on interpersonal relations, rigid guidelines with regard to the prohibition of any form of sexual harassment, harassment or bullying have been set down in the Defence Forces as well as procedures for the making of and dealing with complaints of unacceptable behaviour. All ranks have been made fully aware that all forms of unacceptable behaviour, including bullying, will not be tolerated.
51 Mr. P. Breen asked the Minister for Defence the number of personnel in his Department at 1 June 1997 and at 1 June 2005; and if he will make a statement on the matter. [25682/05]
The number of civil servants serving in my Department on 1 June 1997 and on 1 June 2005 was as follows: 422 on 1 June 1997; and 386 on 1 June 2005.
53 Mr. Quinn asked the Minister for Defence if he will provide details of the EU peace mission to Indonesia to which a group of Irish Army officers have recently been sent; the length of time these soldiers will be stationed in Indonesia; the type of activities they will be involved in; and if he will make a statement on the matter. [25942/05]
The Aceh monitoring mission, AMM, in Indonesia was launched by the European Union on 15 September 2005. The aim of the mission is to monitor the implementation of the peace agreement concluded by the Government of Indonesia and the Free Aceh Movement, GAM, on 15 August 2005.
The mission is a civilian mission within the framework of the European Security and Defence Policy, ESDP. The mission comprises a total of just over 200 unarmed civilian and military personnel. The European Union's political and security committee, PSC, will exercise the political control and the strategic guidance of the AMM under the responsibility of the EU Council.
The key tasks of the mission are: to monitor respect for the end of hostilities between the parties; to monitor the demobilisation of GAM fighters and to decommission their armaments; to monitor the relocation of non-organic Indonesian military forces and non-organic police troops; to monitor the re-integration of active GAM members into civil society; to monitor the human rights situation in the context of the disarmament and demobilisation of active GAM members; to fulfil certain responsibilities in ruling on disputed amnesty cases in line with agreed dispute settlement procedures agreed in the MoU; and to investigate and fulfil responsibility in ruling on complaints and alleged violations of the MoU in line with agreed dispute settlement procedures.
On 7 September 2005, the Government authorised the despatch of members of the Permanent Defence Force for service with the Aceh monitoring mission. On 8 September 2005, three officers of the Defence Forces were deployed to Banda Aceh in support of the mission. Following a short period of training in Medan in Indonesia, the officers deployed to the Aceh province on 15 September 2005. Two of these officers, who will be deployed for just over three months, are specialist ordnance personnel and are directly involved in the weapons decommissioning process. The third officer, who will be deployed initially for six months, with a possible extension for a further six months, is employed in the mission headquarters.
To date reports from the European Union indicate that the decommissioning process is progressing well.
55 Mr. Eamon Ryan asked the Minister for Defence the implications for Ireland’s military procurement of the May 2005 decision by EU defence ministers that the next generation of armoured fighting vehicles must not be developed in separate national programmes; and if he will make a statement on the matter. [25796/05]
At the meeting of the steering board of the European Defence Agency on 23 May 2005, among other matters, a report was made to the board regarding developments in the European defence equipment market with specific reference to armoured fighting vehicles. The agency, having completed initial analysis of the market, reported that there were up to 23 separate programmes currently ongoing or planned with regard to the development and acquisition of such vehicles and that there was significant potential for rationalisation and consolidation in the market so as to achieve greater efficiencies in the development and manufacture of such vehicles.
The steering board agreed that more co-operation was urgently needed and instructed the agency to work with governments planning for next generation AFVs to ensure that they would have as much in common as possible. This could include pooling efforts and resources on new technologies and possibly collaborative programmes. The essential effort in this regard is to achieve improved economies of scale from the collaborative efforts of member states and also to potentially improve the capability of vehicles through more effective expenditure of existing or planned research and technology investment.
Participation in any EDA programme is a matter for each member state. The EDA does not have authority to force states into any particular programme. The discussion at the board meeting in May has no direct implications for Ireland's military procurement. However, I would expect that rationalisation and consolidation of development and procurement of defence equipment generally should deliver greater efficiencies and improved capabilities for our current level of ongoing investment in equipment for the Defence Forces. The EDA and the participating member states, have similar ambitions regarding their own investment in defence equipment.
56 Ms Lynch asked the Minister for Defence if he plans to take action arising from the decision of the High Court to overturn a report of the Judge Advocate General which concluded that a decision to retire forcibly a person (details supplied) in 1969 was reasonable at that time; if he will allow this person access to documents that his predecessor ruled this person should not see until after the JAG report; if this decision has further implications for the Army and Defence Forces; and if he will make a statement on the matter. [25929/05]
The individual concerned was retired, by the President, on the advice of the Government with effect from a date in June 1969. The retirement was effected pursuant to section 47(2) of the Defence Act 1954 and Paragraph 18(1)(f) of Defence Force Regulations A15, which provide that an officer may be retired "in the interests of the service". The individual initiated proceedings in the High Court in November 1998 regarding the circumstances of his retirement some 29 years earlier. The High Court found in favour of the State in June 1999 on grounds of inordinate delay in the bringing of the proceedings. The individual appealed the case to the Supreme Court in September 1999. The Supreme Court found similarly in favour of the State in January 2001. A decision to retire an officer "in the interests of the service" is only taken for the most compelling reasons. The Government advice to the President was on grounds of security. I am satisfied that the matter was handled in an entirely appropriate and proper manner in 1969 and that the decision taken then was taken only after very detailed and due consideration.
In early July 2002, arising from a newspaper feature article on the case, published on 29 June 2002, the then Minister requested the Judge Advocate General to examine and to review the case with regard to the following terms of reference: to inquire into the circumstances surrounding the retirement of the individual referred to by means of a complete review of all relevant documentation held by the Department of Defence and by the Defence Forces, and to have full access to any civil or military personnel for the purposes of their providing explanation regarding any apparent gaps or ambiguities in the documentation and to report to the Minister with her conclusions and recommendations.
These terms of reference were subsequently enlarged by the then Minister at the request of the Judge Advocate General to provide that the Judge Advocate General was "to be entitled, within the Terms of Reference, and the manner of the Inquiry contemplated, to take such representation in writing from any party whom she considers to be appropriate".
The Judge Advocate General, a civilian barrister, carried out a detailed examination and review of all the historical documentation relating to the decision to retire the individual concerned, by reference to the entirety of both the civil and military files in the matter. Her report was submitted to the then Minister in mid-September 2002.
In December 2002 the individual sought an order of the High Court quashing this report by the Judge Advocate General. The High Court found in favour of the applicant for reasons enumerated in the text of the High Court judgment. I understand that the final order arising from the judgment is not yet available. It should be emphasised, however, that the recent High Court judgment in the matter of the report of the Judge Advocate General specifically and only related to the actual procedures utilised by the Judge Advocate General in the course of her review and examination of this matter in 2002. The substantive issue, namely, the Government decision in 1969 to recommend the retirement of this individual from the Defence Forces by the President, remains entirely unaffected by the judgment of the High Court, a point specifically emphasised within the text of that recent judgment itself.
As regards the issue of release of documentation, the position is that all the military and civil documentation within the Defence Forces and the Department of Defence, relating to the Government decision in 1969 to recommend that the President should retire the individual concerned, has been released to the individual in full, in accordance with the recommendations of the report of the Judge Advocate General in that regard.
The individual in question has had access to these documents relating to his retirement since 14 November 2002 when his legal representatives attended the Department and were given copies of all the relevant records held in my Department.
58 Mr. Hayes asked the Minister for Defence the number of recommendations contained in the White Paper for Defence 2000; the number of these which have been implemented to date. [25667/05]
The White Paper sets out a comprehensive programme for the development of defence and the Defence Forces for the period 2000 to 2010. It might be noted that the programme is expressed in terms of policy decisions taken and goals, objectives and plans and not in terms of specific recommendations.
Just past the half-way point, most of the major elements of the White Paper development programme have been implemented. These include: a rebalancing of defence resource allocation achieved through payroll savings and the sales of properties and the full reinvestment of these resources in new equipment and improved infrastructure for the Army, Naval Service and Air Corps; continuous recruitment to the Defence Forces; a continued commitment to overseas participation; the development of the Reserve Defence Force, including a new organisational structure and better clothing, equipment and training; and the decentralisation of the Civil Defence function.
Significant progress has been made also in terms of organisational change in the Department and in the Defence Forces but that work continues. It is my intention that the White Paper will be fully delivered on, within the original schedule.
The Department's strategy statement for 2005 to 2007, published in July, provides for a civil-military review of White Paper implementation to be completed by end-2006. That review will commence soon and I believe that it will assist the implementation process.
59 Ms Burton asked the Minister for Defence the position in regard to the Army’s commitment to the UN and EU missions in Bosnia-Herzegovina and Kosovo; if he has plans to extend and expand these missions; if he will report on the current activities being undertaken by Irish troops in these missions; and if he will make a statement on the matter. [25884/05]
KFOR was established on 10 June 1999, in accordance with UN Security Council Resolution 1244, for an initial period of 12 months, to continue thereafter unless the UN Security Council decides otherwise. The role of KFOR is to support the maintenance of civil law and order within Kosovo so as to develop a climate of safety and security, which will enable the transfer of increased responsibility to the civil authorities. Ireland has participated in KFOR since August 1999.
The Irish contingent currently comprises an infantry group of some 210 personnel together with a number of personnel in staff posts at various headquarters. The infantry group was first deployed in September 2003. Previously a transport group had been deployed with KFOR since August 1999.
The Irish infantry group operates as part of a multinational grouping, within the Czech led multinational task force centre. It comprises a Mowag APC mounted company together with support and logistic elements. The main tasks of the Irish infantry group include the following: provision of general security to all ethnic groups, institutions and cultural sites; provision of support to UNMIK police and other agencies with security tasks; identification of and reporting on extremist groups and activities; vehicle and foot patrols; vehicle checkpoints; and operation of observation posts.
It had been anticipated that a reorganisation and scaling-down of KFOR would take place in 2004. This had partly commenced when civil disturbances broke out in March 2004 in Kosovo. The withdrawal of the Irish contingent was planned as part of this reduction in KFOR presence and was to have been completed by October 2004. However, having regard to the fragility of the peace in Kosovo, and subject to ongoing assessments of the situation on the ground, both I and the Minister for Foreign Affairs are agreed on the importance of maintaining an Irish presence in the Western Balkans in 2005-2006.
In December 2004, SFOR, NATO-led mission, was replaced by an EU military mission under the European Security and Defence Policy known as Operation Althea or EUFOR. EUFOR was established under the authority of the UN Security Council Resolution 1575 of 22 November 2004. There are currently 54 Defence Force personnel deployed to EUFOR as part of a Finnish-led multinational task force based in Tuzla and also in the force headquarters located in Sarajevo. Within the Finnish-led task force, Ireland provides personnel for the headquarters, the military police unit, joint military verification teams and a national support element. There is no plan to significantly increase the Irish contribution to EUFOR over the next 12 months. The long-term objective of this mission is the establishment of a stable, viable, peaceful and multi-ethnic Bosnia and Herzegovina, BiH, co-operating peacefully with its neighbours.
Ireland has long been an advocate of co-operative approaches to security and EUFOR-KFOR have been an important expression of the approaches to regional peacekeeping and crisis management in Europe. Ireland's participation in Partnership for Peace, PfP, since December 1999 has provided an important framework for co-operation and consultation in this regard. Our involvement in the region is also consistent with our ongoing participation in the development of EU crisis management capabilities.
62 Mr. Penrose asked the Minister for Defence his views on new research published in a journal (details supplied) and completed with the full co-operation of the Defence Forces showing that the death rate by suicide among Irish soldiers matches that of the national population; his further views on whether this is a surprisingly high figure and whether the creation of safer work places for military personnel by reducing access to weapons would help reduce suicides in the military; and if he will make a statement on the matter. [25941/05]
As the Deputy's question indicates, the suicide rate within the Permanent Defence Force, PDF, reflects that of the wider national population from which members of the Permanent Defence Force are drawn. Every death resulting from suicide is a tragedy for the family concerned. Therefore, while the suicide rate does not show any apparent excess over the rate for the national population as a whole, there is, however, no room whatever for complacency in the matter. Accordingly, the Defence Forces have adopted a formalised healthy living-mental health well-being awareness programme, which incorporates training modules in stress management skills, mental health well-being, post-traumatic stress disorder, suicide awareness and prevention. The study referred to covered the period 1970-2002. The study reported period-averaged suicide rates per 100,000 population of 18.3 for male civilians in the 20-65 age group as against 15.3 for PDF personnel in the 17-65 age group. All PDF suicides were male suicides. The study reported a period-averaged age-adjusted suicide rate among male PDF personnel that is lower than that of male civilians.
63 Ms O’Sullivan asked the Minister for Defence if he will report on details of the investigation under way into the way in which the Army paid up to €60,000 on foot of bogus meal receipts presented by a small number of members over a six year period; if he received a full written report on the incident; the action he intends to take; and if he will make a statement on the matter. [25933/05]
On 12 September 2005 a military police investigation commenced into alleged irregularities in the operation of a Reserve Defence Force unit fund account. Pending the outcome of the investigation I do not consider it appropriate to comment any further in the matter.
64 Mr. P. Breen asked the Minister for Defence the requests, he has had since September 2004 for Irish troops to participate in exercises abroad; and if he will make a statement on the matter. [25681/05]
Defence Forces personnel have participated in a number of staff, technical and crisis management exercises in the context of both the EU and PfP. They have for many years attended workshops, training courses, desktop exercises, seminars and other events overseas as part of their military training and I expect that they will continue to do so. The purpose of such training is to learn from best practice in other defence forces and includes improving the level of inter-operability between forces in the context of peace support operations and the Petersberg Tasks. In accordance with stated policy, the Defence Forces do not participate in multinational military field exercises. However, from an optimum readiness perspective, this may need to change if we wish to participate fully and effectively in EU battlegroups-rapid response elements. The question of joint training missions with the forces of other member states is among the issues being reviewed by the interdepartmental group I have established to examine the full implications of Ireland's potential participation in EU rapid reaction elements.
65 Mr. McGinley asked the Minister for Defence if he will report on the circumstances surrounding the death of a person (details supplied) in Lebanon in February 1999; and if he will make a statement on the matter. [25616/05]
154 Mr. Timmins asked the Minister for Defence the circumstances surrounding the death of a person (details supplied) in Lebanon in February 1999; and if he will make a statement on the matter. [26048/05]
I propose to take Questions Nos. 65 and 154 together.
The case to which the Deputies refer is that of Private Kevin Barrett, who died on 18 February 1999 while serving with the 84th Infantry Battalion, UNIFIL, in Lebanon. I am advised that the circumstances surrounding Private Kevin Barrett's death are as follows. Private Kevin Barrett's battalion was carrying out a tour of duty in south Lebanon from October 1998 to May 1999. On the evening of 17 February 1999 after normal duties, Private Barrett, in the company of number of other soldiers went to the "C" company HQ canteen for the evening. They were driven back to their post in the early hours of 18 February 1999. Private Barrett went to his accommodation, which he shared with another soldier, who was asleep at the time. Shortly afterwards, another colleague visited Private Barrett and they were chatting for some minutes. Private Barrett discharged his weapon while his colleague was not looking. Medical help was summoned and Private Barrett was pronounced dead.
The death of Private Barrett was the subject of a UN board of inquiry and an Irish contingent board of inquiry as well as a military police investigation. The coroner for north-west Donegal held an inquest into the death of Private Barrett from 5 to 8 September 2005. The jury returned an open verdict. I am advised that the military authorities co-operated fully with the inquest into the soldier's death.
67 Mr. Sargent asked the Minister for Defence the role of the newly appointed first Ombudsman for the Defence Forces, Ms Marrinan-Quinn; and if he will make a statement on the matter. [25798/05]
The office of Ombudsman for the Defence Forces has been established as an independent statutory office under the Ombudsman (Defence Forces) Act 2004 by the Ombudsman (Defence Forces) Act 2004 (Commencement) Order 2005. The appointment of a person to the office is made by the President acting upon the recommendation of the Government. Ms Paulyn Marrinan-Quinn was recently so appointed by the President upon the recommendation of the Government as the first Ombudsman for the Defence Forces. She was nominated to the Government by me, having been previously selected by the Public Appointments Service as a result of an open public competition held by it.
The function of the Ombudsman for the Defence Forces will be to act as the ultimate point of appeal for and administrative investigation into complaints made by members and former members of the Defence Forces against another member or former member or against a civil servant of the Department of Defence. The actual functions of the ombudsman, as provided for in the legislation, will commence with effect from 1 December 2005 under the commencement order. Subject to the terms of the legislation and her own independent personal judgment and discretion, the ombudsman will undertake independent investigation into any complaint made to her and will issue a written report and recommendations arising from such an investigation.
The Ombudsman for the Defence Forces may investigate a complaint in respect of an action or decision which may have adversely affected the complainant personally. The action or decision complained of must have occurred no earlier than the 1 December 2005, the date set by Government order for the statutory commencement of the functions of the office. The ombudsman will function independently in the performance of her duties and has a wide discretion in the discharge of the duties of the position subject to the terms of the Act. She will, however, have due regard to the operational requirements of the Defence Forces. Where the complainant is serving in the Defence Forces, the complaint must have been within the military redress of wrongs system for at least 28 days. The ombudsman, on receipt of the complaint from the complainant, must form an opinion that the complaint is not likely to be resolved within that forum and that the other necessary criteria set out in the Act are satisfied. Complainants who are former members of the Defence Forces will apply directly to the ombudsman in the first instance.
The Ombudsman will typically investigate and ascertain if the action or decision complained of was taken without proper authority or on irrelevant grounds, was negligent or careless, based on erroneous or incomplete information, improperly discriminatory, unreasonable notwithstanding consideration of the context of the military environment, based on undesirable administrative practice or contrary to fair or sound administration. There are specific exclusions within the legislation in respect of certain specific areas and matters which are outside the remit of the ombudsman. An important component of the work will consist of the making of formal written reports and recommendations to the Minister on foot of investigations undertaken in various individual cases and in following up the official administrative response to these reports and recommendations. There is a statutory requirement for the Ombudsman to provide an annual report to the Houses of the Oireachtas.
68 Mr. Naughten asked the Tánaiste and Minister for Health and Children the reason An Bord Altranais is considering the removal of a midwifery qualification as a prerequisite for registration as a public health nurse; her views on whether this will impact on the care of mothers and babies in the community; and if she will make a statement on the matter. [26030/05]
The Commission on Nursing in the Report of the Commission on Nursing 1998 considered that registration as a midwife should no longer be a mandatory requirement for entry to the higher diploma in public health nursing or registration as a public health nurse, PHN. It stated:
In light of the range of services offered by public health nurses and the ongoing development of nursing and midwifery services in the community, registration as a midwife should no longer be a mandatory requirement for entry to the higher diploma in public health nursing or registration as a public health nurse. An alternative education programme relating more closely to the core generic maternal and child care service requirements of public health nursing should replace the mandatory midwifery requirement. The commission recommends that the board establish a working party composed of PHNs, health service providers and nurse educators to determine the content and duration of a course in maternal and child health, as an alternative to the mandatory midwifery qualification.
Accordingly, An Bord Altranais, which is broadly representative consisting of 29 members, including 17 elected nurses from all divisions of the register of nurses, unanimously decided to remove the mandatory midwifery requirement for public health nursing in July 2002. The board subsequently developed the maternal and child health module for nurses who do not have a midwifery qualification, and thereafter the requirements and standards for public health nurse programmes. The maternal and child health module and the requirements and standards were developed by working groups that included key stakeholder representation including public health nursing course leaders, managers and clinicians. This publication is expected to be available within two to three weeks. It was proposed, as set out by the commission, that this course should be offered as an alternative to the mandatory midwifery qualification for PHN students. Those with midwifery registration would not be required to undertake the course. This course addresses the professional and practice issues as they relate to maternal and child health in a primary health care setting as a dimension of the role of the PHN, and includes both theoretical and clinical requirements.
69 Dr. Cowley asked the Tánaiste and Minister for Health and Children the progress she has made in the establishment of an all-Ireland helicopter emergency medical service as recommended by the HEMS feasibility study consultants report published on 30 April 2004; if there has been any recent meetings held in relation to establishing this service; and if she will make a statement on the matter. [26031/05]
The report referred to by the Deputy is that of a consultancy study jointly commissioned by my Department and the Department of Health, Social Services and Public Safety, Belfast, DHSSPS, on the costs and benefits associated with the introduction of a dedicated helicopter emergency medical services, HEMS, for the island of Ireland. The report was published last year and is available on my Department's website. The study concluded that the introduction of a dedicated inter-hospital air ambulance service would be appropriate in an all-island context.
In considering the report, the DHSSPS advised that its priority at present is the need for further investment to improve the ground ambulance service. On foot of the report, my Department had detailed discussions with the Department of Defence regarding the future provision of air ambulance services by the Air Corps. Arising from these discussions, a detailed service level agreement has recently been prepared and signed. The signatories to the agreement are the Department of Defence, the Department of Health and Children, the Health Service Executive, the Defence Forces and the Air Corps. The agreement sets out the range of services to be provided by the Air Corps, specifically inter-hospital transfers for spinal and serious injuries and illnesses, air transport of neonates requiring immediate medical intervention in Ireland, air transport of patients requiring emergency organ transplant in the UK, air transport of organ harvest teams within Ireland and air transport of patients from offshore islands to mainland hospitals where the Irish Coast Guard service is not available.
A steering group comprising representation from each the signatories to the service level agreement has been established. The group will monitor the operation of the agreement and will amend, if necessary, the provisions of the agreement to take account of service developments, including the new fleet replacement programme currently being put in place by the Air Corps. Finally, the Department of Communications, Marine and Natural Resources confirmed that the Irish Coast Guard will continue to provide services on the same basis as currently delivered.
70 Dr. Cowley asked the Tánaiste and Minister for Health and Children her views on the situation whereby persons are waiting in excess of five years for a urology appointment; her further views on whether the establishment of a consultant urology unit at Mayo General Hospital is the only acceptable solution; and if she will make a statement on the matter. [26032/05]
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.
71 Dr. Cowley asked the Tánaiste and Minister for Health and Children if thousands of persons in County Mayo will obtain rheumatology services, when a Mayo rheumatology unit is established; and if she will make a statement on the matter. [26033/05]
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.
72 Dr. Cowley asked the Tánaiste and Minister for Health and Children if her attention has been drawn to the chronic lack of a rheumatologist and rheumatology services in Mayo General Hospital; and her plans to rectify this situation. [26034/05]
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.
73 Cecilia Keaveney asked the Tánaiste and Minister for Health and Children when funding will be made available towards staffing of the high dependency unit in Letterkenny General Hospital; and if she will make a statement on the matter. [26035/05]
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.
74 Dr. Cowley asked the Tánaiste and Minister for Health and Children if treatment and accommodation will be provided for a person (details supplied) in County Sligo; and if she will make a statement on the matter. [26054/05]
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.
75 Dr. Cowley asked the Tánaiste and Minister for Health and Children if her Department plans on establishing a permanent home care grant in the HSE western region; her views on whether this is an extremely worthwhile project; if this scheme will be continued in the long term (details supplied); and if she will make a statement on the matter. [26055/05]
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.
76 Mr. Sargent asked the Tánaiste and Minister for Health and Children if her attention has been drawn to the fact that the backlog at the special eye clinic on Rathdown Road, Dublin 7 is so long that as many as 2,000 children are waiting for the attention of just one doctor; the measures she intends putting in place to alleviate this hardship; and if she will make a statement on the matter. [26063/05]
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.
77 Mr. G. Mitchell asked the Tánaiste and Minister for Health and Children if a person (details supplied) will receive immediate orthodontic treatment; if this is not immediately available will they have this urgent work done on the patient fund scheme. [26064/05]
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.
78 Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Health and Children if accident and emergency and acute services are to be retained at Ennis General Hospital; and if she will make a statement on the matter. [26066/05]
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.
79 Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Health and Children if her attention has been drawn to the decision of the seven consultants in the joint department of surgery of Cavan and Monaghan hospitals on 8 September 2005 that Monaghan General Hospital should go back on call for acute surgical emergencies; if her further attention has been drawn to the request for adequate resources including hiring of theatre nurses in Monaghan General Hospital for evening and night duties and meetings with regional ambulance control to ensure no delay in the hospital going back on-call; if, having familiarised herself with the request and with the HSE’s response she will reply directly to this Deputy; and if she will make a statement on the matter. [26067/05]
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.
80 Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Health and Children the current status of the Hanly report on medical staffing with regard to hospital configuration; and if she will make a statement on the matter. [26068/05]
The Report of the National Taskforce on Medical Staffing, the Hanly report, made a series of important recommendations regarding the development of hospital services. Responsibility for the future configuration of acute hospital services, taking into account the recommendations of the report by the national taskforce on medical staffing, now rests with the Health Service Executive. The key priority is to ensure that patients, wherever they live, have access to high quality hospital care.
81 Mr. Ring asked the Tánaiste and Minister for Health and Children the reason the optometrist and ophthalmologist service in County Mayo is not provided at the same level as other counties in the HSE western area (details supplied); and if she will make a statement on the matter. [26075/05]
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.
82 Mr. S. Ryan asked the Tánaiste and Minister for Health and Children if the provision of a new public hospital in north County Dublin will be sanctioned; and if she will make a statement on the matter. [26138/05]
I have recently been made aware of a proposal to develop a new hospital in north County Dublin. The proposal will be examined by my Department in consultation with the Health Service Executive.
83 Ms Shortall asked the Tánaiste and Minister for Health and Children if her attention has been drawn to the fact that public patients who need to attend a neurologist in Beaumont Hospital are being given appointments for May 2007; if she will address the case of a person (details supplied) in Dublin 11 who has been referred to a neurologist for investigation of a serious medical condition; and the steps she will take to ensure that an adequate level of service is provided in this area. [26148/05]
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.
84 Mr. Durkan asked the Minister for Finance the extent to which he or his European colleagues have considered the degree to which enhanced coastal surveillance can be achieved with a view to combating ongoing serious drug trafficking with particular reference to the coast around Ireland; and if he will make a statement on the matter. [26118/05]
Customs services, both nationally and internationally, are acutely conscious of the importance of coastal surveillance and it is considered regularly at national and international fora. The Customs and Excise service of the Revenue Commissioners has primary responsibility for the prevention, detection, interception and seizure of controlled drugs at importation in Ireland and is well aware of the potential for smuggling drugs along our extensive coastline. The customs service operates a number of maritime units for inshore and coastal surveillance, and is supported nationally by both the Irish Naval Service and the Air Corps. Over recent years, the customs service has considerable success in seizing large quantities of drugs in maritime traffic. Many of these operations involved collaboration with the Garda Síochána and other national and international law enforcement agencies. The service also maintains close working relationships with other foreign customs and law enforcement services responsible for maritime and coastal surveillance.
The Customs and Excise service regularly evaluates its operational response to drug smuggling on the basis of sophisticated risk analysis based on intelligence gathering at all levels of the drugs production and supply chain network, including current national and international drug smuggling routes and the smuggling methodologies used. The customs service has re-launched its customs drugs watch programme, which seeks to enlist the help of the public in the critical element of reducing the supply of illicit drugs by notifying customs on a confidential basis of suspicious activity at our sea, land, and air boundaries. Customs has also acquired a new revenue customs cutter, RCC Suirbhéir, which now patrols and monitors our internal waters, territorial seas and adjacent waters. The customs service has also enhanced a number of its anti-drugs programmes, specifically its canine programme, which now has nine drug detector teams strategically deployed at our main ports and airports. Later this year, customs will take delivery of a state-of-the-art mobile X-ray container examination unit to assist in countering the smuggling of drugs and other illicit products in containerised freight traffic.
At national level, Customs and Excise engages in regular surveillance exercises and joint operations with its inter-agency drugs joint task force partners, that is, the Garda Síochána, naval service and Air Corps. At EU level, through membership of the customs co-operation working party and engagement with Europol, customs continues to organise and participate in regular bilateral, trilateral and EU-wide intelligence-led joint surveillance exercises and operations, including maritime focused operations, with other customs and law enforcement agencies. In 2003, the Irish customs service led and co-ordinated an international surveillance operation to tackle the smuggling of drugs into the EU and neighbouring countries by sea. The Customs and Excise services of 26 other European countries participated in this very successful operation during which they seized over seven tonnes of cannabis resin and 730 kg of cocaine. Such surveillance operations are a regular feature of the supply reduction work undertaken by Customs and Excise to detect and to disrupt drug smuggling operations and are wholly in keeping with the responsibilities laid to Customs and Excise in the national drugs strategy.
85 Ms Shortall asked the Minister for Finance the position on the temporary relocation of Ballymun Garda station; and if he will make a statement on the matter. [26146/05]
Negotiations between the Commissioners of Public Works and Ballymun Regeneration Limited are ongoing with regard to the temporary relocation of Ballymun Garda station.
86 Mr. Naughten asked the Minister for Finance if he will re-instate the vehicle registration office service in Roscommon town; and if he will make a statement on the matter. [26043/05]
I am informed by the Revenue Commissioners that new online service has greatly reduced the demand for personal service at their vehicle registration offices. An increasing number of motor dealers now register new vehicles online themselves — currently approximately 80% of such registrations nationally are online — in preference to using the facilities at vehicle registration offices. In addition, a valuation inquiry facility has been made available on the Revenue Commissioners' website, allowing all customers to obtain vehicle registration tax quotations on second-hand vehicles online.
Vehicle registration facilities ceased in Roscommon town with effect from 1 March 2005 and the service is now being provided from Galway, with service also available, if necessary, from neighbouring offices at Castlebar, Sligo and Tullamore. New procedures were introduced at that time which simplify and speed up the registration process for used vehicles. These new procedures eliminate the necessity to physically examine all such vehicles, as had been the case previously. The new arrangements also provide a facility for customers to register vehicles by post without the need to bring their vehicles to a Revenue office. These initiatives have greatly assisted the successful consolidation of vehicle registration services into the larger centres. The Revenue Commissioners do not consider it necessary to re-introduce a vehicle registration service in Roscommon town based on current service demands. The Roscommon-based Revenue staff will, however, continue to carry out other Revenue duties in the area.
87 Mr. Ring asked the Minister for Finance if an official of the Office of Public Works has called to a person (details supplied) in County Roscommon as requested by letter; if so, when contact was made with the person; and the outcome of the meeting. [26044/05]
I have received representations from Deputy Ring on behalf of the person concerned. The matter is under consideration at present and I will inform the Deputy of the position as soon as possible.
88 Mr. Timmins asked the Minister for Finance the position with regard to a person (details supplied) in County Wicklow who is waiting for a tax refund; if this will be granted as a matter of urgency; and if he will make a statement on the matter. [26072/05]
A repayment was approved for the person concerned on 21 September 2005 and a cheque for the amount due issued on 23 September 2005.
89 Mr. J. O’Keeffe asked the Minister for Finance the proposal regarding the disposal of property in County Cork (details supplied); and if he will make a statement on the matter. [26106/05]
The property referred to will be disposed of on the open market by the end of the 2005.
90 Mr. Deenihan asked the Minister for Finance the position regarding the acquisition of a site for the new Garda station at Castleisland, County Kerry; and if he will make a statement on the matter. [26107/05]
The Commissioners of Public Works are currently nearing completion of the acquisition of a site in Castleisland for a new Garda station, on behalf of the Department of Justice, Equality and Law Reform.
91 Ms M. Wallace asked the Minister for Communications, Marine and Natural Resources the maximum frequency emissions permissible in any one location by telecommunications masts. [26059/05]
The limits for non-ionising radiation are global limits established internationally by the International Commission for Non Ionising Radiation Protection, ICNIRP. The maximum frequency emissions permissible in any one location are governed by these guidelines which are set at levels which are many times less than the experimental levels at which no adverse effects have been established.
Ireland has adopted the European Union Council recommendation of 12 July 1999 on The Limitation Of Exposure Of The General Public To Electromagnetic Fields — 0 Hz to 300 GHz - 1999/519/EC, and the guidelines established by the ICNIRP and participates in the work of the International Committee on Electromagnetic Safety, which sets standards in this area.
92 Mr. O’Shea asked the Minister for Communications, Marine and Natural Resources the recorded catch of commercial driftnet salmon fishermen in the 2005 season; the reason the catch was so low; if a voluntary buyout of commercial salmon fishing licences will be introduced; and if he will make a statement on the matter. [26114/05]
Data on the recorded catch by commercial salmon fishermen will not be formally available until mid October when full analysis of exploitation during the 2005 season has been completed by the central and regional fisheries boards. The Government has accepted the scientific advice that continues to maintain that reductions in the overall fishing effort are required in order to sustain and rebuild salmon stocks nationwide. For this reason, current Government policy has been designed to bring spawning escapement up to the level of the scientifically advised conservation limits as soon as possible. In keeping with this policy, when setting the commercial salmon quotas for the 2005 season, I gave a firm commitment to fully align the exploitation of salmon, both at national and district levels, on the scientific advice by 2007.
In order to achieve this, I will ask the new national salmon commission, which I intend to appoint shortly, to progress the specific recommendation made by the outgoing commission to align the exploitation of salmon on the scientific advice by 2007. The Government has consistently ruled out buyout as an effective means of achieving the restoration of salmon stocks and has instead, since 2002, promoted the application of quotas on commercial fishing and bag limits on angling to achieve catch reductions as the best instrument available to achieve this objective.
Moreover, no convincing case has been advanced as to the public good that would be acquired by the State in the context of a publicly funded buyout of commercial salmon licences nor why stakeholders benefiting from increased numbers of salmon entering the rivers should not contribute in whole or in part towards achieving that increase. As a result, and as I have previously and consistently indicated to the House, I have no plans at present to introduce a buyout of commercial salmon fishing licences but I am continuing to review the matter in the context of the policy outlined above. In this regard, I would be open to any relevant proposals presented to me whereby stakeholders benefiting from any reduction in commercial catch would engage in the first instance with licence holders and indicate a willingness to address any compensation issues that might arise. I can confirm that broad outline proposals have been submitted to me recently, which I intend to consider in the context of any review of policy.
93 Mr. J. O’Keeffe asked the Minister for Communications, Marine and Natural Resources if his attention has been drawn to the concerns of the Oysterhaven and Nohoval residents association arising from the construction of a slipway and jetty at Walton Cove, Oysterhaven, County Cork and arising from access for the public along the foreshore being impeded and underwater structures and mooring lines posing a hazard to navigation; the steps he will take to ensure that the full terms and conditions of the relevant foreshore licences are complied with; and if he will make a statement on the matter. [26115/05]
Complaints have been received regarding the development in question and have been investigated by the Department's engineering division. The Department will be communicating with the developer shortly on a number of issues arising from this investigation.
94 Mr. Penrose asked the Minister for Communications, Marine and Natural Resources the steps he will take to ensure that, on foot of recommendations of the task force on emigration, emigrants in Britain will be in a position to receive a television service from RTE; the cost of providing this service; and if he will make a statement on the matter. [26141/05]
The recommendations of the Task Force on Emigration will be amongst the factors I will take into account when considering RTE's public service remit in the context of the forthcoming broadcasting legislation. Notwithstanding RTE's statutory mandate, as defined in section 28(1) of the Broadcasting Act 2001, to provide that its radio and television services shall be made available, in so far as is reasonably practicable, to the whole community on the island of Ireland, many people living outside Ireland already enjoy RTE's radio services online along with RTE's radio services on satellite, LW and MW.
95 Ms Shortall asked the Minister for Communications, Marine and Natural Resources the penalties that apply for breaches of the advertising code in respect of children; the number of such penalties issued since the inception of the BCI’s children’s advertising code in 2005 and against whom; the amount of funding allocated to BCI in the 2005 estimates; the subhead in the estimates covering BCI funding; the amount of funding allocated to monitoring children’s advertising; the number or equivalent number of whole time personnel devoted to monitoring children’s advertising standards; and if he will make a statement on the matter. [26145/05]
A sum of €6.5 million is contained in subhead I.3 of the 2005 Estimates for the current and capital funding of the Broadcasting Commission of Ireland, BCI. Section 19(1)(c) of the Broadcasting Act 2001 required the BCI to prepare a children’s advertising code, which was introduced by the BCI on 1 January 2005. The implementation, monitoring and managing of the code is a matter for the BCI and I have no role in the matter.
96 Mr. Gregory asked the Minister for Foreign Affairs when it is intended to open an embassy in Vietnam. [26089/05]
Preparations for the establishment of the new mission in Vietnam are currently underway. The embassy will open when the deputy head of mission takes up duty in early October.
97 Mr. Stagg asked the Minister for Arts, Sport and Tourism the value of capital grants sought under the sports capital programme 2005 in each county and the value of grants awarded in each county. [26093/05]
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. A total of 1,362 applications were received under the 2005 sports capital programme. All applications under the programme were evaluated by my Department in accordance with the assessment criteria published in the guidelines, terms and conditions document that accompanied the application form for the programme. Following completion of the evaluation of the applications received by my Department, in July last I announced provisional grant allocations totalling €54.385 million to 626 projects.
Of the 1,362 applicants under the 2005 sports capital programme, 66 did not specify on their application the amount sought. The amounts sought in each county by the remaining applicants and the total provisional grant allocations by county are as follows:
|
County |
SCP grant |
Sought |
|
€ |
€ |
|
|
Carlow |
446,000 |
1,491,437 |
|
Cavan |
785,000 |
2,696,519 |
|
Clare |
1,156,000 |
3,571,094 |
|
Cork |
7,972,000 |
34,637,133 |
|
Donegal |
1,572,000 |
15,216,346 |
|
Dublin |
12,910,000 |
65,161,582 |
|
Galway |
3,260,000 |
30,634,135 |
|
Kerry |
2,578,000 |
12,843,156 |
|
Kildare |
1,550,000 |
11,439,604 |
|
Kilkenny |
1,284,000 |
3,026,455 |
|
Laois |
771,000 |
2,241,361 |
|
Leitrim |
660,000 |
3,192,360 |
|
Limerick |
2,092,000 |
12,483,119 |
|
Longford |
499,000 |
3,593,184 |
|
Louth |
1,347,000 |
9,178,560 |
|
Mayo |
1,322,000 |
18,008,417 |
|
Meath |
1,576,000 |
5,927,863 |
|
Monaghan |
744,000 |
3,569,612 |
|
Offaly |
1,260,000 |
6,291,964 |
|
Roscommon |
880,000 |
3,942,171 |
|
Sligo |
1,620,000 |
6,500,486 |
|
Tipperary |
1,977,000 |
7,827,134 |
|
Waterford |
1,425,000 |
5,869,388 |
|
Westmeath |
1,305,000 |
6,251,948 |
|
Wexford |
1,867,000 |
7,860,440 |
|
Wicklow |
1,527,000 |
8,683,200 |
|
Total |
54,385,000 |
292,138,669 |
98 Mr. Penrose asked the Minister for Enterprise, Trade and Employment if an application for redundancy on behalf of a person (details supplied) in County Westmeath, has been received in his Department; the position with regard to this application; and if he will make a statement on the matter. [26140/05]
Although my Department has received an application for a statutory redundancy lump sum payment from the person in question, the redundancy certificate form which is part of the application has not been signed by her former employer. In order to establish her right to a statutory redundancy payment, she would therefore have to take a case to the Employment Appeals Tribunal against her former employer. The tribunal, which holds hearings throughout the country, provides a fair, inexpensive and informal means for resolving such disputes. The telephone number of the tribunal is 01 6313005, LoCall: 1890 220 222.
If the tribunal rules in favour of the applicant, establishing her right to a redundancy payment, my Department will then be in a position to complete the processing of her claim and to pay her the full amount due to her as soon as possible.
99 Ms O’Sullivan asked the Minister for Social and Family Affairs if a person who is participating in the return to education scheme is entitled to retain rent allowance; and if he will make a statement on the matter. [26090/05]
People in full-time education are excluded normally from receipt of rent supplement under the supplementary welfare allowance scheme. However, people participating in approved courses under the back to education allowance scheme receive a standard weekly rate of payment equivalent to the maximum rate of their previous social welfare payment and may retain any secondary benefits, such as rent supplements, which had been in payment prior to the commencement of their education course. Entitlement is subject to a means test. People availing of the back to education allowance should contact their local community welfare officer to clarify their continuing entitlement to rent supplement in their new circumstances.
100 Mr. Penrose asked the Minister for Social and Family Affairs the names and numbers of European companies employing persons here and which have obtained a certificate of exemption from the payment of PRSI; and if he will make a statement on the matter. [26096/05]
The information requested by the Deputy is being compiled and will be forwarded to him as soon as possible.
101 Mr. Penrose asked the Minister for Social and Family Affairs if he has received correspondence from persons (details supplied) in County Roscommon; if the amount allowed to be earned by a dependant of an old age contributory pensioner will be increased significantly from the current amount of €88.88; if same will be increased in budget 2005; and if he will make a statement on the matter. [26099/05]
I have received the correspondence referred to by Deputy Penrose relating to entitlement to payment of a full increase in respect of a qualified adult for the purposes of old age contributory pension. For the purposes of most other social welfare payments, entitlement to an increase for a qualified adult is based on the income of the spouse or partner. A qualified adult increase at the maximum rate is payable where the spouse-partner's income is €88.88 per week or less and tapered reduced rates are payable where income is less than €220 per week. The lower threshold was last increased in budget 2000 while the upper threshold has been increased in each successive budget since then, from £135 in 2000 to €220 in budget 2005. Any change in the current arrangements relating to entitlement to qualified adult allowances would have to be considered in a budgetary context and in the light of available resources.
102 Ms Shortall asked the Minister for Social and Family Affairs his plans for the future location of the maintenance and recovery unit of his Department; the negotiations which have taken place with staff representatives; the options open to staff who do not wish to relocate; and the rationale for the relocation of jobs from the Finglas area in view of its high level of unemployment. [26156/05]
Under the Government programme of decentralisation, it is proposed that all headquarter sections of the Department will relocate to six provincial locations; Drogheda, Carrick-on-Shannon, Sligo, Donegal town, Buncrana and Carrickmacross. As part of the Department's decentralisation implementation plan, the maintenance recovery section, which comprises some 16 posts and is currently located in Finglas, has been included in those sections of the Department designated to decentralise to Carrick-on-Shannon.
The Department's decentralisation liaison officer met staff of the area and their union representative to outline the process involved and to discuss the options available to staff who wish to remain in Dublin. Under the decentralisation programme, staff who are not decentralising will be facilitated with alternative assignments in Dublin. Further meetings with the staff are planned as the programme progresses.
103 Mr. Connaughton asked the Minister for Transport if his attention has been drawn to the fact that operators of heavy mobile lifting equipment must apply separately to each county council to pass through their territory; if his attention has further been drawn to the fact that this causes unnecessary bureaucracy and in some cases makes it impossible for some operators to make their equipment available at weekends as councils are closed; if he will give consideration to a new permit system on the same principle as the tax disc which would be issued on an annual basis covering all counties; and if he will make a statement on the matter. [26060/05]
As I indicated in reply to Questions Nos. 774 , 824, 778 and 781, all vehicles using public roads are required by law to comply with a range of standards in respect of their construction, equipment, use, weights and dimensions. The requirements are set out in the Road Traffic (Construction, Equipment and Use of Vehicles) Regulations 1963 to 2002 and the Road Traffic (Construction and Use of Vehicles) Regulations 2003 to 2004. These regulations apply in the interests of public safety and to protect road infrastructure.
Regulation 59 of the Road Traffic (Construction and Use of Vehicles) Regulations 2003 provides for the issuing of special permits by local authorities for the use of vehicles on roads notwithstanding that they contravene certain provisions of the aforementioned regulations. Specifically, the special permit system is intended to deal with vehicles carrying abnormal and indivisible loads. The function is assigned to local authorities because they are best placed to assess the suitability of the roads in their functional areas for use by non-compliant vehicles and to determine the appropriate routes and itineraries to be used in the making of journeys by such vehicles. A special permit issued by a local authority may cover one or more vehicles and have a validity of up to 12 months duration. I have no plans for my Department to take on the function of issuing special permits. However, in particular circumstances, a single special permit system issued by one body has merit and I have held some discussions on this subject. I will ask my Department to explore how best to proceed.
I am aware of the dissatisfaction of some haulage contractors concerning the existing arrangements for the issue of special permits particularly in connection with journeys conducted on a regular basis involving wide and long loads. My Department is currently reviewing the special permit system with a view to identifying ways to streamline the process with regard to the transport of wide and long loads and to introducing, as far as is possible, the application of uniform practices by local authorities in the administration of the special permit system generally.
104 Mr. Quinn asked the Minister for Transport if and when he intends to publish the toll scheme for the operation of the Dublin Port tunnel; when the tunnel will be open for use; and if he will make a statement on the matter. [26083/05]
The statutory power to levy tolls on national roads and to make toll by-laws is vested in the National Roads Authority, NRA, under Part V of the Roads Act 1993, as amended by the Planning and Development Act 2000. Accordingly I have no role in this process. 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 by mid-2006, following the testing and commissioning of the tunnel's operations and safety features.
105 Dr. Cowley asked the Minister for Transport the situation in Ballina, County Mayo whereby freight services were discontinued by Iarnród Éireann in June 2005; when this facility will be available to the industries of Mayo (details supplied); and if he will make a statement on the matter. [26056/05]
I have been advised by Iarnród Éireann that it provides a freight service for Coillte, transporting trainloads of pulpwood from Ballina Railhead to Waterford. In addition, Iarnród Éireann also provides an express parcels service and a road freight service to and from Ballina for Mayo industries.
On 29 July this year, the unit load service for single container loads ceased given the absence of sufficient business to maintain this activity. However, I understand discussions are continuing with a number of suppliers regarding the possibility of operating a trainload container service from Ballina for local industry.
106 Ms Shortall asked the Minister for Transport the preparations his Department has made for the introduction of the digital tachograph; and if he will make a statement on the matter. [26058/05]
The current date for the compulsory fitting of digital tachographs on all new buses and lorries within the EU is 1 January 2006. However, this date is still the subject of discussion between the European Parliament, the Council of Ministers and the European Commission.
With the introduction of digital tachographs, smart cards will be used to record and download data from digital tachographs. My Department will shortly be able to support those companies planning to introduce digital tachographs in advance of the compulsory requirements. I expect to make, in the coming weeks, the necessary statutory orders for the introduction of the digital technology, including the issue of driver cards, company cards, workshop cards and enforcement cards as required under EU law. Once the necessary orders are made, the Department will commence the issue of such cards as the demand arises from the industry. Existing buses and lorries using analogue tachographs are not affected.
107 Mr. Naughten asked the Minister for Transport the reason for the delay in issuing design specifications for the signage and civil works relating to the application of school speed limits; the date these specifications will be issued; and if he will make a statement on the matter. [26069/05]
In January 2005 I made regulations, the Road Traffic (Speed Limit-Traffic Signs) Regulations 2005, S.I. No. 10 of 2005, prescribing the regulatory traffic signs displaying metric units of measurement, kilometres per hour, that the road authorities must provide on public roads to indicate the speed limit in force.
Since the passage of the Road Traffic Act 1994 the power to apply special speed limits has been vested in the elected members of county councils and city councils through the making of special speed limit by-laws. Section 9 of the Road Traffic Act 2004 sets out a new process for the making of speed limit by-laws by the elected members and expands the range of options available to county and city councils in relation to the deployment of special speed limits.
A legislative provision to provide for the application of a special speed limit to operate during specific periods of the day, such as when school children are entering or leaving a school premises, became operative on 20 January 2005. I issued guidelines on the application of special speed limits to the county and city managers last April pursuant to the 2004 Act. Copies of the document were placed in the Oireachtas Library at the time and the guidelines are also available on my Department's website www.transport.ie under roads/publications. Local authorities are required to have regard to these guidelines when applying special speed limits and in the case of applying the 30 km/h special speed limit that is provided for in the 2004 Act, it may only be pursued in accordance with provisions in these guidelines.
Decisions as to whether or not to apply a special speed limit at a particular location or to apply a special speed limit that is operative on a periodic basis are matters that fall to be determined by the local authority having complied with consultation and consent processes required under the 2004 Act.
While proposals for new formats of traffic signs are examined from time to time in my Department, I want to emphasise that the traffic sign regulations that I made in January of this year and the range of sign options already available under those regulations are adequate to support the implementation of any special speed limit options.
108 Mr. Quinn asked the Minister for Transport if he will confirm that following discussions between his officials and the National Roads Authority, a decision has been made, in principle, that when the port tunnel opens there will be two designated routes to and from Dublin’s port for all heavy goods vehicles, other than those serving the city centre, and that the routes will be the port tunnel from the M1 and through Irishtown-Beach Road-Merrion Road-Mount Merrion Avenue to the N11 and that all other routes will be closed to such HGV traffic; and if he will make a statement on the matter. [26092/05]
Traffic management in the city and in the vicinity of Dublin Port is a matter for Dublin City Council. In parallel with the opening to traffic of the Dublin Port tunnel, Dublin City Council will be introducing a heavy goods vehicle traffic management strategy to manage HGV traffic entering and exiting the port and to ensure that maximum traffic benefits are secured from the Dublin Port tunnel. The issues referred to by the Deputy are under active consideration in this context.
My Department's formal role will be to put in place the necessary regulatory framework to support the strategy. I have asked my officials to monitor, in conjunction with the NRA and Dublin City Council the arrangements, including HGV traffic management arrangements, for the integration of the Dublin Port tunnel in the Dublin road network so that I may be assured that maximum traffic benefits will be secured from the Dublin Port tunnel.
109 Mr. Ring asked the Minister for Transport if new guidelines have been issued to local authorities in relation to trailers (details supplied); their road worthiness, and so on; the procedures which will be in place as there is no testing place for this machinery here; the way in which he will resolve this problem whereby the persons who were providing these services to local authorities will not be able to do so after the next couple of weeks; and if he will make a statement on the matter. [26103/05]
Under road traffic law, the use on public roads of tractors and trailers which are designed primarily for use on the land is not permitted other than when incidental to such work on the land. For this reason, agricultural tractors and trailers are not liable to roadworthiness testing. In March 2005 my Department wrote to local authorities concerning the use, in a local authority context, of agricultural type tractors and trailers for the carrying of goods or burden of any description and outlining the necessity for hauliers engaged by local authorities to hold a road freight carrier's licence if hauling for hire and reward.
Periodic roadworthiness testing applies to goods vehicles, goods trailers over 3,500 kg gross design weight, buses, ambulances and passenger cars. The roadworthiness testing of commercial vehicles, including goods trailers, is carried out by authorised testers, usually private garages, appointed by city and county councils in accordance with the European Communities (Vehicle Testing) Regulations 2004. There are in excess of 100 such testers in the country.
110 Mr. Penrose asked the Minister for Transport if he has received any further reports in relation to the re-opening of Killucan railway station; if steps have been taken to include same in the new ten-year transport plan; if his Department will assist both the local community group which is seeking to have same re-opened and Westmeath County Council, which has signalled the importance of the re-opening of this station, by including same in the county development plan; if this objective will be progressed without further unnecessary delay; and if he will make a statement on the matter. [26104/05]
I understand that the midlands regional planning guidelines, which were approved in mid-2004, do not include specific reference to the re-opening of Killucan railway station. It is imperative that a sufficient population is in place in the catchment area of a station to justify its re-opening. The present position is that Iarnród Éireann is in discussions with Westmeath County Council to establish if proposals for the development of the Killucan area will provide this necessary population growth.
111 Mr. Penrose asked the Minister for Transport if Iarnród Éireann received further submissions from groups in Mullingar, Moate and Athlone seeking the re-opening of the railway line between Mullingar, Moate and Athlone; if his attention has been drawn to the fact that this will be important in the context of the Westport link and in particular in view of the fact that Mullingar and Athlone are important gateway towns of the national spatial strategy; if the re-opening of this line will be progressed by the Cabinet sub-committee; and if he will make a statement on the matter. [26105/05]
I am informed by Iarnród Éireann that it has no immediate plans to re-open the Mullingar to Athlone line. The strategic rail review examined the case for re-opening this line and concluded that it was not a priority project. The review suggested it could be re-evaluated at a future date in the context of securing progress in advancing and adopting complementary land use and transport policy at the regional and local levels in the areas concerned. However, Iarnród Éireann's first priority will be to finalise the renewal of infrastructure and rolling stock on the Galway and Mayo lines.
The crucial factor to be considered in any decision to re-open a railway line is the likely scale and pace of development along the rail corridor in question. The greater the critical mass of population and economic activity, the more likely a sustainable case can be made for rail investment. I already made it clear to local authorities in other parts of the country that it is for them to develop and implement land use strategies which would support the case for rail investment. While there are no immediate plans to reopen the Athlone to Mullingar line, the issue will be kept under review having regard to the matters to which I have already referred.
112 Mr. J. O’Keeffe asked the Minister for Transport the reason Bus Éireann must obtain approval from his Department for additional and improved bus services; and if he will confirm that Bus Éireann’s application for additional services between Cork and Kinsale has been granted (details supplied). [26108/05]
Bus Éireann is exempt from the requirement to hold a licence under the Road Transport Act 1932, as amended. However, since January 2001 the Department has implemented notification and approval procedures in respect of the introduction of new or revised services by State bus companies. The procedures are designed to ensure that these exempted operators do not announce or introduce services which may serve to pre-empt the introduction of licensed services by private operators. The procedures are also designed to ensure fair treatment for exempted operators, enabling them to introduce new or revised services in an orderly and speedy fashion and providing a mechanism to enable them to comply with their obligations under section 25 of the Transport Act 1958.
I can confirm that in recent months my Department received three notifications for services on the route in question. The first of these notifications was successful and a reply issued to Bus Éireann on 16 September 2005. The remaining two notifications are under consideration. In accordance with standard procedures for processing the applications made by bus operators, details of any application received remain confidential until a decision is made.
113 Ms Shortall asked the Minister for Transport if he will publish all advice he has received from the European Commission and others regarding the implications for public service obligation payments arising from the judgment in Case C-280/00 of the European Court of Justice; and if he will make a statement on the matter. [26142/05]
I have not received any advice from the European Commission on the implication of the European Court of Justice judgment in Case C-280/00, the Altmark case. However, the Commission recently published revised proposals for the regulation of public transport services by rail and road. The Commission stated these revised proposals take account of the Altmark judgment. I received advice from the Attorney General concerning the Altmark judgment. This advice is subject to legal privilege and I am not in a position to publish it.
114 Ms Shortall asked the Minister for Transport further to Parliamentary Questions Nos. 166 to 168, inclusive, of 12 May 2004, the outcome in respect of changes to speed limits at each of the 43 locations given in his reply; and if he will make a statement on the matter. [26144/05]
The determination of what speed limit should apply at particular locations in lieu of a default speed limit is a matter for the elected members of city and county councils subject, where applicable, to compliance with specified consent and consultation processes. Copies of the submissions made to my Department last year by the local authorities in respect of suggestions made by the AA and SIMI for changes to speed limits have been made available to those two bodies and will be forwarded to the Deputy for information.
115 Mr. G. Murphy asked the Minister for Community, Rural and Gaeltacht Affairs if a housing service (details supplied) in County Cork applied for funding for the lottery grant from his Department in 2005; and if he will make a statement on the matter. [26070/05]
An application has been received by my Department from the group in question under the 2005 programme of grants for locally-based community and voluntary organisations. The process of assessment of the large number of applications received under the programme is ongoing and I expect to decide on qualifying applications early in November 2005.
116 Mr. Noonan asked the Minister for Agriculture and Food if the 3% reduction for modulation in the single farm payment may be availed of by a person in receipt of the payment; the programmes in rural areas which may draw financial assistance from this fund; and if she will make a statement on the matter. [26074/05]
For 2006, I have decided that the modulated funds should be used on a once-off payment under the disadvantaged areas scheme. This requires EU approval and is under current consideration by the EU Commission. Persons in receipt of the single farm payment will qualify for the once-off payments under the disadvantaged areas scheme provided they are eligible under that scheme.
For the 2007-13 period, the use of modulated funds will be considered in the context of the new rural development strategy and programme to be drawn up for that period.
117 Mr. Penrose asked the Minister for Agriculture and Food the steps she will take to have headage payments awarded to a person (details supplied) in County Longford; if the delay is in relation to her Department’s digitisation programme; and if she will make a statement on the matter. [26135/05]
The person named submitted an application under the single payment scheme and the disadvantaged areas scheme. There has not been any delay relating to digitising and he is clear for payment on 63.23 hectares of forage. The disadvantaged areas scheme payment will be based on 45 hectares, the maximum number of hectares payable under the scheme, and will be issued by my Department this week.
118 Mr. Penrose asked the Minister for Agriculture and Food if she will confirm that a significant number of persons have been in contact with her Department in relation to proposals under the prescription only medicines; if the regulations as proposed are not appropriate for Irish farming conditions; if, in the context of correspondence which was replied to (details supplied), she will consider the various points made therein and amend the regulations accordingly; and if she will make a statement on the matter. [26139/05]
My Department circulated draft regulations in relation to veterinary medicines for consultation in early August of this year and has received written submissions from most of the main stakeholders. My Department has also subsequently met with many of these stakeholders concerned as part of the consultative process. In addition, as required by the relevant legislation, the animal remedies consultative committee will meet shortly to consider the draft regulations, following which I will make final decisions on the issues involved so that the regulations can be brought into force by the transposition deadline of 30 October 2005 specified in the EU directive concerned, Directive 2004/28.
The draft regulations concerned are primarily designed to implement EU legislation but, insofar as is possible, in a way that is most appropriate for Irish farming conditions. In relation to the ‘prescription only' issue, the position is that EU Directive 2004/28 provides that all veterinary medicines for food producing animals must be subject to prescriptions. However, the directive also includes a provision for exemption criteria to be adopted at EU level, which will provide a mechanism for certain categories of medicines to be exempted from the prescription requirement. The EU has not yet adopted a decision on the exemption criteria but must do so before 1 January 2007. Pending this decision, existing national prescription and distribution arrangements may remain in place.
My Department intends to avail of the exemption clause to the maximum extent possible and has made a submission to the European Commission with a view to retaining ‘off prescription' in Ireland all products, other than intramammaries, which currently enjoy this status. The draft regulations published by my Department provide that veterinary medicines, such as wormers and certain vaccines, will continue to be available off-prescription until a decision is taken at EU level on the exemption criteria. In practice, this means that, apart from intramammaries, my Department is retaining the essence of our existing national prescription and distribution regime. In view of this, the concerns set out in the Deputy's letter are unfounded and the question of extending the range of persons who may be permitted to prescribe does not need to be addressed at this stage in the context of the regulations scheduled to come into force at the beginning of November of this year.
The EU directive provides that prescriptions may be written by "a professional person qualified to do so in accordance with applicable national law". When the exemption criteria issue is resolved in the course of next year, I will review the regulations and, in particular, the provisions relating to the categories of persons who would be permitted to prescribe veterinary medicines, in light of the outcome, with a view to ensuring competition in the marketplace and to avoid imposing unnecessary costs on farmers. Full consultations will be held with all stakeholders on the matter at that stage before final decisions were taken.
119 Mr. Crowe asked the Minister for Justice, Equality and Law Reform if he will report on the response by the Garda authorities to anti-social behaviour in the area of Ashford Street, Dublin 7, including the repeated breaking of pensioners’ windows; if additional gardaí will be made available for this area; and if he will make a statement on the matter. [26022/05]
I am informed by the Garda authorities that they are aware of problems being caused to residents by anti-social behaviour at the area in question. I am further informed that from 1 January 2005 to date there have been six recorded incidents of criminal damage at the location mentioned, including criminal damage to windows.
The Garda authorities are of the opinion that much of this anti-social behaviour emanates from youths accessing the location via a gap in the boundary fence at this complex. I have been advised by the Garda authorities that in the context of a forthcoming rejuvenation scheme, they have recommended the replacement of the fence with a high boundary wall to prevent access in this way.
I am informed that two community gardaí are allocated to the area on a full-time basis. Regular ongoing attention is given to the area by uniform and plain clothes mobile patrols.
I am assured by local Garda management that they are satisfied that sufficient gardaí are deployed on a daily basis in the area to deal with all incidents arising.
120 Mr. G. Mitchell asked the Minister for Justice, Equality and Law Reform if the case of a person (details supplied) in Dublin 8 is fully considered; and if he will make a statement on the matter. [26024/05]
The person concerned lodged an asylum application on 5 September 2002. His application was investigated, in turn, by the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal, both of whom concluded that the person concerned did not meet the criteria for recognition as a refugee, as defined in section 2 of the Refugee Act 1996, as amended. The person concerned was made aware of the outcome of his application by the two bodies by letters dated 15 January 2003 and 25 July 2005 respectively.
In line with normal procedures, the file of the person concerned has been forwarded to my Department's ministerial decisions unit for final processing and a representative from that unit will be writing to the person concerned in the coming days to advise him of his position in the State.
121 Dr. Upton asked the Minister for Justice, Equality and Law Reform if he will review his Department’s refusal of a visa application for a person (details supplied) in Dublin 12; and if he will give consideration to this person. [26025/05]
The visa application was received in June 2005. Having given full consideration to the matter the visa was refused because my Department was not satisfied on the basis of the documentation provided that an adequate relationship history existed between the applicant and the reference in Ireland.
In order to prevent abuses of the 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 matters. 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. This may involve requesting supporting documentation as evidence of the relationship or an interview by the immigration authorities of either or both parties.
An appeal of the decision to refuse the visa application was subsequently submitted. However, based on the additional documentation supplied, the visa appeals officer was unable to conclude that the initial decision should be overturned. Consequently the application was refused on appeal.
122 Mr. Timmins asked the Minister for Justice, Equality and Law Reform the position concerning a visa application for a person (details supplied) in County Wicklow; if a visa will be issued as speedily as possible. [26027/05]
I can advise the Deputy that the visa applications in question have been approved.
123 Mr. Ring asked the Minister for Justice, Equality and Law Reform the position regarding a holiday visa application for a person (details supplied). [26028/05]
The application referred to by the Deputy has not been lodged with the visa section of my Department to date. If, and when, it is received it will be examined in line with the usual criteria for such an application.
124 Cecilia Keaveney asked the Minister for Justice, Equality and Law Reform if he will outline the situations in which a person has the power to carry out a citizen’s arrest; and if he will make a statement on the matter. [26037/05]
In Ireland powers of arrest are to be found both at common law and in a large number of diverse statutory provisions. These powers for the most part are exercisable only by a member of the Garda Síochána. However, as the Deputy avers, there are situations where any person may effect what is known as a "citizen's arrest". The basis for these important powers is set out below.
At common law all persons, including a member of the Garda Síochána, may arrest without warrant any person who has committed or is committing a breach of the peace in his or her presence or any person whom he or she reasonably believes is going to commit a breach of the peace in the immediate future.
Turning to the key statutory provisions in this area, the Criminal Law Act 1997 confers two distinct powers of arrest on any person including a member of the Garda Síochána regarding arrestable offences. "Arrestable offences" in general terms refer to offences which are punishable by imprisonment for five years or more and include an offence of attempting to commit such an offence.
Under section 4(1) of the 1997 Act any person "may arrest without warrant anyone who is or whom he or she, with reasonable cause, suspects to be in the act of committing an arrestable offence." Section 4(2) provides that where an arrestable offence has been committed, any person "may arrest without warrant anyone who is or whom he or she, with reasonable cause, suspects to be guilty of the offence."
Where either of these powers is exercised by a person other than a member of the Garda Síochána, two further qualifications apply: the power may only be exercised if the arrestor "with reasonable cause, suspects that the person to be arrested by him or her would otherwise attempt to avoid, or is avoiding, arrest by a member of the Garda Síochána", and once an arrest has been effected by the ordinary citizen he or she must transfer the person arrested into the custody of the Garda Síochána as soon as possible. This was already the position with respect to the citizen's common law power of arrest.
Finally, under section 19 of the Criminal Law (Jurisdiction) Act 1976 any person may arrest a person whom he or she reasonably suspects of being in the act of committing, or having committed, any offence scheduled in that Act, these are offences of the kind associated with terrorism, if committed in Northern Ireland.
The scope of these powers has been examined by the courts and I would refer the Deputy to Professor Dermot Walsh's text Criminal Procedure published by Thomson Round Hall 2002 for a more detailed treatment of the law relating to the citizen’s powers of arrest.
125 Ms Fox asked the Minister for Justice, Equality and Law Reform if he will provide funding for the provision of a closed circuit television system for the town of Arklow. [26038/05]
I am informed by Garda authorities that an application for a Garda CCTV system in Arklow has been received and is under consideration by the advisory committee, along with applications from other cities and towns throughout the country.
As the Deputy is aware, some 17 locations nationwide which has been selected to receive a Garda CCTV system. This programme of implementation of CCTV systems is being implemented on a phased basis as follows: phase 1 — Bray, Dundalk, Dún Laoghaire, Finglas, Galway and Limerick; phase 2 — Athlone, Clondalkin, Tallaght and Waterford; and phase 3 — Ballyfermot, Carlow, Castlebar, Clonmel, Ennis, Kilkenny and Sligo.
Installation of CCTV systems is of necessity a detailed, complex and lengthy process. 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. I believe that the answer is 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. I have asked the Commissioner to submit proposals for outsourced CCTV systems in the 11 locations in the remaining two phases, with a view to achieving implementation in priority locations by the end of 2006.
As a first step in this process the Garda authorities engaged a consultancy firm to examine all aspects of Garda involvement in CCTV systems, including: the installation, operation and management of CCTV systems; monitoring, recording and related activities; accommodation and situation of facilities and staff regarding the town CCTV system and Garda station premises; and assessment of civilianisation of Garda CCTV monitoring conducted under the management of the Garda Síochána.
The consultancy firm also examined which procurement model is the most suitable in terms of commercial viability and cost effectiveness for the provision of town centre CCTV systems. This consultancy process has recently concluded and the Garda authorities are now finalising their proposals in consultation with my Department.
The inclusion of other town centre locations, including Arklow, beyond the 17 already listed in the programme of Garda CCTV systems will be considered in the context of the revised procurement model. The Deputy will appreciate that it is not possible for the Garda Síochána to install CCTV systems in all areas that have sought them. To this end, I launched the community based CCTV scheme on 15 June 2005. This scheme has been developed in response to a demonstrated demand from local communities across Ireland for the provision of CCTV systems. 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. The scheme is being administered on behalf of my Department by Area Development Management Limited, ADM.
I am informed by ADM that while a total of 83 applications for funding under the community based CCTV scheme, 51 under stage one and 32 under stage two, were received by the closing date of 20 September 2005, no application for funding under either stage was received in respect of Arklow. It is anticipated that a further call for funding for community based CCTV systems will issue in early 2006.
126 Mr. F. McGrath asked the Minister for Justice, Equality and Law Reform if urgent assistance will be given to a person (details supplied) in Dublin 3 with a visa application for their spouse; and if he will give these persons the maximum support and assistance. [26071/05]
In the case of all non-EEA workers seeking to be joined by their family members, they must be in a position to support the family members in question without the need for those family members to have recourse to public funds or paid employment.
Unfortunately, the level of income in this case demonstrated that the person is not in a position to support the spouse without recourse to public funds and my Department is, therefore, not in a position to grant the visa at this time. If the circumstances change, the applicant may submit a new application.
127 Mr. Costello asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the allegations of a person (details supplied); and if he will make a statement on the matter. [26087/05]
I am informed by the Garda authorities that the person in question made several complaints of the nature described during 2003. A file was forwarded to the Director of Public Prosecutions, who in February 2004 directed that no prosecution be taken.
I am further informed that Garda inquiries have failed to find any evidence to substantiate the claims made.
128 Mr. Gregory asked the Minister for Justice, Equality and Law Reform if the Garda authorities at the Bridewell, Dublin 7 will provide a report regarding their apparent failure over a five-hour period to respond to calls for assistance by a person (details supplied) in Dublin 7; if the report will state the subsequent action taken by the gardaí to apprehend those responsible for the extensive damage, vandalism and intimidation at the complex; if the persons alleged to have been responsible have been questioned by the gardaí; and if he will make a statement on the matter. [26088/05]
I have received a report from the Garda authorities on the matter raised by the Deputy. I am informed that records at the Garda communications centre, Harcourt Square, indicate that the first call relating to the location in question was made by 999 call at 19.46. This was from a female caller who reported a disturbance at the location and stated that a window had been broken. At the same time another call was received at the centre from a female caller with a foreign accent reporting a disturbance at the same location. She provided a contact mobile telephone number. This information was collated with the information already received. At 19.48 the original caller contacted the 999 service at the communications centre and stated that the disturbance had ceased, that the landlord had evicted the people concerned and not to send anyone to the location. As a result, the request for assistance was cancelled and no Garda unit was dispatched to the location.
At 22.15 gardaí at the Bridewell Garda station were first made aware of criminal damage at the premises when a complainant called to the station and reported it. A patrol car was dispatched to the scene and, upon arrival, the gardaí noted damage to the glass on a number of apartment doors. The investigating gardaí have been in contact with the complainant and have requested additional information.
I am informed that the incidents of criminal damage at the location are currently under active investigation by the gardaí.
129 Mr. Hayes asked the Minister for Justice, Equality and Law Reform the position regarding the case of a person (details supplied) who was deported from Cloverhill Prison and has applied for repatriation. [26109/05]
The person concerned arrived in the State on 22 August 2003 and claimed asylum the same day. He failed to attend for interview at the Office of Refugee Applications Commissioner as arranged on 5 January 2004, or to subsequently pursue his application. His application was, therefore, deemed withdrawn and was refused. He was notified of this refusal by way of letter dated 4 March 2004.
In accordance with section 3 of the Immigration Act 1999, as amended, he was informed that the Minister proposed to make a deportation order in respect of him. He was given three options, first, to make representations to the Minister within 15 working days setting out the reasons he should not be deported, second, voluntarily leave the State or consent to the making of a deportation order against him. No response was received from him. The Minister went on to consider his case for deportation under section 3(6) of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996, prohibition of refoulement. A deportation order was signed in respect of him on 2 July 2004.
He was requested to present himself to the Garda national immigration bureau on 11 November 2004 to make arrangements for his removal from the State. However, I understand that he came to the adverse attention of the Garda prior to this date and was detained pending his removal. He was returned to Moldova on 15 December 2004 on foot of the deportation order.
The person concerned claimed asylum in the State as a single adult. The only mention of a spouse was on his asylum application form where he stated that she was residing in Moldova. The effect of a deportation order is that the person concerned must leave the State and remain outside it thereafter.
130 Mr. O’Shea asked the Minister for Justice, Equality and Law Reform the groups of immigrants who qualify for the Garda national immigration stamp; the proposals he has to make changes regarding the groups who qualify for this stamp (details supplied); and if he will make a statement on the matter. [26110/05]
The main categories of immigrants who receive immigration registration stamp No. 4 are as follows: spouses and dependants of EEA nationals; spouses of Irish nationals; parents of Irish citizens who have been granted permission to remain in the State on that basis; specialised skilled workers as set out under the work authorisation-working visa scheme; persons granted refugee status under the terms of the 1951 Geneva Convention; programme refugees; and former asylum seekers granted humanitarian leave to remain in the State. The broader issue of residency in the State and the conditions pertaining thereto is being considered in the context of the development of the proposed immigration and residence Bill. Work on this Bill is ongoing in my Department.
131 Mr. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding a person (details supplied) in County Kildare who has been on remand in the Central Mental Hospital, Dundrum, Dublin since June 1994; if he has been charged or convicted; if further charges are pending; and if he will make a statement on the matter. [26111/05]
The person referred to is in custody since 9 June 2004 and is detained on foot of a trial warrant ordering that he be detained in custody pending his appearance before the Dublin Circuit Court on 7 October 2005. This court appearance relates to criminal offences which he has been charged with. He is not serving a sentence at this time. The warrant detaining him was issued on 27 July 2005 and ordered that he be committed to Cloverhill Prison pending this further court appearance. He was subsequently transferred to the Central Mental Hospital for treatment, on a voluntary basis, later that day and he remains there to this time. The Garda authorities have advised that no further charges are pending against this person arising from the alleged incidents for which he is being detained.
132 Mr. Durkan asked the Minister for Justice, Equality and Law Reform if he will review the decision to refuse refugee status in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [26112/05]
The person concerned arrived in the State on 25 April 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 30 August 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. Representations have been received on behalf of the person concerned. This person's 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.
133 Mr. S. Ryan asked the Minister for Justice, Equality and Law Reform the number of off licences which have been prosecuted under the Intoxicating Liquor Act 2004 for selling alcohol to under age persons for the years 2003, 2004 and to date in 2005; the general location of the premises where the offence took place; the penalty imposed in each case; and if he will make a statement on the matter. [26149/05]
I regret it has not been possible in the time available to obtain the information requested by the Deputy. I will be in contact with the Deputy on this matter.
134 Mr. S. Ryan asked the Minister for Justice, Equality and Law Reform the number of publicans who have been prosecuted under the Intoxicating Liquor Act 2004 for serving alcohol to under age persons for the years 2003, 2004 and to date in 2005; the general location of the licensed premises where the offence took place; the penalty imposed in each case; and if he will make a statement on the matter. [26152/05]
I regret it has not been possible in the time available to obtain the information requested by the Deputy. I will be in contact with the Deputy on this matter.
135 Mr. Crowe asked the Minister for Education and Science if she will include a unit (details supplied) in the list of institutions, hospitals, homes and orphanages to be dealt with by the Residential Institutions Redress Board. [26018/05]
Section 4 of the Residential Institutions Redress Act 2002 provides that the Minister for Education and Science may, by order, provide for the insertion in the Schedule of additional institutions in which children were placed and resident and in respect of which a public body had a regulatory or inspection function. Since the enactment of the legislation, my Department has been contacted by individuals and-or solicitors regarding various institutions not specified in the Schedule, including the facility mentioned by the Deputy. Following consideration of the matter and consultation with relevant public bodies, I signed an order on 9 November 2004 which provided for the inclusion of 13 additional institutions in the Schedule. A further order was made on 1 July 2005 adding three institutions to the Schedule. The question of including additional institutions has now been fully considered by my Department in consultation with relevant Departments and it is not proposed to add further institutions to the Schedule at this point.
136 Mr. Crowe asked the Minister for Education and Science the number of students who were unable to get a place on the school bus to the school they attended last year; and the number from within the catchment area. [26019/05]
All pupils who are fully eligible for school transport and, in the case of post-primary pupils, who are attending the centre serving the catchment area in which they reside, are provided with transport. Overall details of the number of applicants for catchment boundary or concessionary transport who failed to secure a place in a given year would not be readily available.
137 Cecilia Keaveney asked the Minister for Education and Science her plans to introduce grant aid for students pursuing NVQ level courses in Northern Ireland (details supplied); and if she will make a statement on the matter. [26036/05]
Under the terms of my Department's higher education grants scheme and the vocational education committees' scholarship scheme, grant assistance is available to eligible students attending approved third level courses in approved institutions. An approved course for the purpose of the schemes means a full-time undergraduate course of not less than two years duration and a full-time postgraduate course of not less than one year's duration pursued in an approved institution.
Students from this State who are attending undergraduate courses in Northern Ireland can apply for maintenance grants in respect of approved courses generally at higher national diploma level or higher, which are pursued in colleges approved for the purpose of the schemes.
There are no plans at present to change this position. Any extension of the scope of the grants scheme, can be considered only in the light of available resources and competing demands within the education sector.
138 Mr. Nolan asked the Minister for Education and Science when a person (details supplied) in County Carlow will be facilitated with school transport. [26039/05]
Bus Éireann, which operates the school transport service on behalf of my Department, has been asked to provide a report on the case referred to by the Deputy. When the report is received and considered, my Department will advise the Deputy of the position.
139 Mr. Naughten asked the Minister for Education and Science further to Parliamentary Question No. 240 of 23 June 2005, if she will facilitate a deputation; if she will rescind the reduction in staffing numbers; and if she will make a statement on the matter. [26040/05]
The staffing of this school for the 2005-06 school year was considered by the independent staffing appeal board on 14 June 2005. The board, having considered the appeal with regard to the criteria outlined in Department circular 19/02, was satisfied that a departure from the staffing schedule is not warranted in this case.
It would not be appropriate for me to intervene in the operations of the independent appeal board and accordingly, I am not in a position to facilitate a deputation on this matter.
140 Mr. Noonan asked the Minister for Education and Science the education grants which are available to a person (details supplied); and if she will make a statement on the matter. [26076/05]
My Department funds four maintenance grant schemes for third level and further education students. These are the higher education grants, HEG scheme, the vocational education committees' VEC scholarships scheme, the third level maintenance grants scheme for trainees and the maintenance grants scheme for students attending post-leaving certificate courses. The HEG scheme is administered by the local authorities under the aegis of my Department. The other three schemes are administered by the vocational education committees.
Generally speaking, students who are entering approved courses for the first time are eligible for grants where they satisfy the relevant conditions as to age, residence, means, nationality and previous academic attainment. An approved third level course for the purpose of the HEG and the VEC scholarship schemes means a full-time undergraduate course of not less than two years' duration and a full-time postgraduate course of not less than one year' duration pursued in an approved institution. The schemes outline their respective courses which are approved for grant purposes.
The decision on eligibility for third level grants is a matter for the relevant local authority or VEC. These bodies do not refer individual applications to my Department except, in exceptional cases, where, for example, advice or instruction regarding a particular clause in the relevant scheme is desired. It appears that no such advice or instruction has to date been sought in the case of the student referred to by the Deputy.
If an individual applicant considers that he or she has been unjustly refused a maintenance grant, or that the rate of grant awarded is not the correct one, he or she may appeal to the relevant local authority or VEC. Where an individual applicant has had an appeal turned down in writing by the relevant local authority or VEC and remains of the view that the body has not interpreted the schemes correctly in his or her case, a letter outlining the position may be sent to my Department. Alternatively, as already indicated, the local authority or VEC may itself in exceptional circumstances seek clarification on issues from my Department.
Under the terms of the third level student support schemes — clause 7.6 of the higher education grants scheme, maintenance grants are not payable to candidates who already hold an undergraduate degree and are pursuing a second undergraduate degree. Similarly, tuition fees are not papable in respect of a second period of college attendance at the same level.
I understand that the student referred to by the Deputy already holds a degree. She is therefore ineligible for the higher education grant and is also unable to benefit under the free fees initiative in respect of her attendance at Mary Immaculate College. As the rules governing the schemes are of general application, exceptions cannot be made in individual instances. Tax relief, is however, available in respect of undergraduate fees paid in publicly funded colleges here and in other EU member states as well as in private colleges in the State. This relief applies at the standard rate of tax and is available to full-time students and part-time postgraduate students. Further details and conditions in relation to this tax relief are available from local tax offices.
141 Mr. Quinn asked the Minister for Education and Science if she will outline the present system of liaison between the planning authorities at local authority level and her Department’s planning unit of the primary education section regarding matching the supply of additional classroom spaces with the grant of planning permission for new housing units across the country; if she has satisfied herself with the present co-ordination between local authorities and the local family education service providers; and if she will make a statement on the matter. [26077/05]
The process of assessing the need for new or additional educational facilities at primary or post-primary level in a given area entails consideration of all relevant factors, including enrolment and demographic trends, housing developments and the capacity of existing schools to meet the demand for places. Liaison with existing schools is an important part of the process also, as the school authorities would usually alert my Department where, in their view, the need for additional accommodation is anticipated. In that way, every effort is made to ensure that there is adequate existing provision, or that timely arrangements are made to extend capacity or provide new infrastructure where necessary.
Over and above the statutory consultation provisions regarding local authority area development plans, my Department has in recent years worked to strengthen contacts with local authorities to enable informed decisions to be made in planning future educational provision. For example, a specific forum, the Dublin school planning committee, chaired by officials of my Department, interacts with the Dublin local authorities. That forum comprises representatives of the local authorities in Dublin together with representatives of the patron bodies of primary schools, and it works proactively in monitoring demographic changes and their likely impact. Outside that process, meetings with local authority planners are a regular feature of the school planning process.
The criteria for prioritising large-scale building projects were revised last year following consultation with the education partners. Under the revised criteria, school projects in rapidly developing areas are assigned a band 1 rating, which is the highest priority possible. That is clear evidence of my Department's commitment to ensuring that the needs of rapidly developing areas are met as quickly as possible.
The school planning section of my Department is also working proactively with some local authorities to explore the possibility of the development of school provision in tandem with the development of community facilities. That enhanced co-operation has the effect of minimising my Department's land requirements and thus reducing site costs, while at the same time providing local communities with new schools with enhanced facilities.
In addition, under the provisions of the strategic development zones, or SDZs, it is generally the position that sites must be reserved for schools and that the schools must be developed commensurate with housing and other developments such as community facilities.
My Department has recently adopted an area-based approach to school planning where, through a public consultation process involving all interested parties, a blueprint for schools' development in an area for a ten-year timeframe is set out. The areas covered in the pilot phase of that new approach to school planning include the rapidly developing areas of north Dublin, south Louth and east Meath and the N4-M4 route running from Leixlip to Kilbeggan and including all rapidly developing towns and villages on that route. Taken in combination, I believe that the measures outlined will improve the speed and effectiveness of the response to emerging needs in areas where they are developing significantly.
With regard to the co-ordination referred to in the question, local authorities have no direct role to play in school provision, which is a matter for my Department. However education providers can use the statutory processes open to the public at large to make their views known regarding any specific planning issues.
142 Mr. Gregory asked the Minister for Education and Science the cost of rent of the office building each year for the past six years in regard to a school (details supplied) in Dublin 1; the estimated ongoing rental costs of this building; the cost of architects’ and consultants’ fees over the same period relevant to this school’s premises; the cost of securing the original vacated school premises; the plans for the original school building; and the plans for alternative premises for this school. [26078/05]
The school referred to by the Deputy moved into temporary accommodation on 1 December 2001. The lease on that accommodation is for a five-year period, ending on 31 December 2006. The annual rental for the premises is €298,388. The school's contribution is capped at €3,175 per calendar year. The cost of architects' and consultants' fees relating to those premises was €94,623.
A sum of €386,937 was also spent by my Department on refurbishment to bring them up to an acceptable standard. My Department has taken a decision that the costs involved in refurbishing the properties originally occupied by the school in question are excessive and, accordingly, it is not intended to pursue that option as a long-term accommodation solution for the school. That has been communicated to the trustees. In the circumstances, my Department is pursuing alternative accommodation solutions. A decision in this matter will be taken as soon as all the possibilities are identified and examined.
My Department did not incur any costs in securing those buildings when they were vacated.
143 Mr. Gregory asked the Minister for Education and Science if any additional posts for colleges of further education have been allocated since her commitment to make allocation in Easter 2005; if so, the schools to which they were allocated; and if she will make a statement on the matter. [26079/05]
Earlier this year I announced an extra 100 posts for this sector. So far, my Department has approved an additional 1,466 places on post-leaving certificate, or PLC, courses in the 2005-06 academic year. Based on a ratio of 16:1, that would involve an additional 91 teaching posts.
To date, based on requests from post-primary schools and vocational education committees, my Department has allocated approximately 56 extra teaching posts for PLC courses. The allocation is being reviewed in the light of the shortfall in the uptake of posts, and the remaining 44 posts announced will then be allocated. A breakdown of the allocation to individual schools will be compiled by my Department and forwarded to the Deputy as soon as it is available.
144 Dr. Cowley asked the Minister for Education and Science her plans to provide a permanent site and school building for a school (details supplied) in County Mayo; her plans for this school; and if she will make a statement on the matter. [26080/05]
Negotiations on site acquisition for the school in question are under way. Once the site issue is finalised, the project will be considered for progression in the context of the schoolbuilding and modernisation programme 2005-2009.
145 Mr. Walsh asked the Minister for Education and Science if she will sanction an extension to a national school (details supplied) in County Cork. [26091/05]
The school referred to by the Deputy applied for an extension and refurbishment to provide improved ancillary accommodation. The project proposed does not provide for any additional mainstream classrooms. The application has been assessed in accordance with the published prioritisation criteria, which were revised last year following consultation with the education partners. The project will be considered in the context of the school building and modernisation programme 2005-2009.
146 Mr. N. O’Keeffe asked the Minister for Education and Science if school bus transport will be approved for a person (details supplied); and if her attention has been drawn to the difficulties which the lack of a bus ticket is causing this person. [26094/05]
For the purpose of the post-primary education scheme, the country has been divided into catchment areas, each of which has its own post-primary centre. Recognised post-primary pupils who live at least 4.8 km from the post-primary centre serving the catchment area in which they reside are eligible for transport to that centre under the scheme.
Eligible pupils who wish to attend a post-primary centre other than the centre serving the catchment area in which they reside may be allowed transport from within the catchment boundary of the centre being attended, subject to there being a spare seat available on the service and provided that no additional State cost is incurred.
The pupil referred to by the Deputy does not reside in the catchment area of the school being attended and has applied for catchment boundary transport to this school. Bus Éireann has advised my Department that a ticket will issue to the pupil concerned in the near future.
147 Ms O’Sullivan asked the Minister for Education and Science if her Department has a funding mechanism to pay for the education of a child in another EU country if an appropriate education is not available here; and if she will make a statement on the matter. [26128/05]
I would be most anxious that children with disabilities should have their educational needs addressed within the jurisdiction. Decisions to place children in facilities outside the State have only been taken in exceptional circumstances and have usually arisen because of the specialised educational or health care needs of the children involved. In this regard my Department provides funding in respect of the placement of a small number of children abroad. However, the majority of the cases relate to children on the autistic spectrum for whom placements abroad were arranged prior to the formal introduction of dedicated school-based services for children with autism at the end of 1998.
The Deputy is aware that the National Council for Special Education, NSCE, through its network of special educational needs organisers, SENOs, is responsible for the identification of appropriate educational settings for children with special needs. The SENOs are also responsible for liaising at local level with the health authorities to ensure that, in identifying appropriate educational settings for individual children, any care or health considerations are also taken into account.
I hope that in putting in place appropriate educational provision for a child with special needs, and where the care or health needs of the child are such that a residential placement is a necessity, it will be possible in all cases to ensure appropriate provision either exists or can be established in this country. However, if, for whatever reason, appropriate provision is not available in this country, then the issue of locating a suitable placement abroad will be considered.
148 Ms O’Sullivan asked the Minister for Education and Science her plans to establish post-primary education facilities for children with autism; and if she will make a statement on the matter. [26129/05]
My Department supports the education of individual students with autism in various second level schools throughout the country. Discussions are taking place with the management authorities of a small number of schools with a view to establishing second level provision for groups of children with autism who are now coming to a transition stage and are about to move from primary to second level. Organising such provision is a significant task of the National Council for Special Education, NCSE.
The NCSE was established as an independent statutory body with responsibilities as set out in the National Council for Special Education (Establishment) Order 2003. Since 1 January 2005, the NCSE through local special educational needs organisers, SENOs, is responsible for processing resource applications for children with special educational needs. Where a pupil with special educational needs enrols in a post-primary school, it is open to the school to apply to the local SENO for additional teaching support and-or special needs assistant support for the pupil.
149 Ms Enright asked the Minister for Education and Science the rules governing the amalgamation of schools with specific regard to the way in which these rules impinge upon the access of students to school transport; and if she will make a statement on the matter. [26130/05]
151 Ms Enright asked the Minister for Education and Science if the rules governing the amalgamation of schools and their impact on eligibility for access to the school transport service will be examined or amended; and if she will make a statement on the matter. [26132/05]
I propose to take Questions Nos. 149 and 151 together.
Under the terms of the primary school transport scheme children are eligible, subject to conditions, for free transport to their nearest national school or school of amalgamation. Pupils not attending their nearest national school or school of amalgamation may, subject to conditions, avail of concessionary fare paying transport to another school, subject to spare seats being available on the bus and provided that no extra State cost is incurred by extending or re-routing the service. I do not propose to amend these provisions at this time.
150 Ms Enright asked the Minister for Education and Science if all students who wish to attend a school (details supplied) in County Donegal, and who live more than the specified distance from the school, will be eligible to use the school transport service to get to the school; and if she will make a statement on the matter. [26131/05]
In order to be considered eligible for school transport at primary level, a pupil must reside more than 3.2 km from and be attending their nearest school or school of amalgamation. Pupils who are ineligible for school transport under the conditions outlined above may avail of concessionary fare paying transport to the school being attended, provided the written agreement of the nearest school's board of management or school of amalgamation is obtained and provided there are spare seats available on the existing service, at no additional cost. If the Deputy provides details of the pupils concerned, a report will be requested from Bus Éireann and the Deputy will be advised of the outcome.
152 Mr. Connaughton asked the Minister for Education and Science the position regarding the building of an extension to a school (details supplied) in County Galway; and if she will make a statement on the matter. [26136/05]
The school extension project referred to by the Deputy has been tendered. A tender report is being prepared by the school's design team and will be forwarded to my Department for consideration as soon as it is completed.
153 Mr. Penrose asked the Minister for Education and Science the situation which arises in Kinnegad, County Westmeath, whereby children from the general catchment area attend secondary schools in Mullingar as well as Rochfortbridge and Killucan; the circumstances involved in this instance which requires transport to be provided to the three areas; if she will consider so doing; and if she will make a statement on the matter. [26137/05]
For the purposes of post-primary education provision, the country is divided into catchment areas. Under the terms of the school transport scheme, a pupil is eligible for school transport if he or she resides 4.8 km or more from the post-primary centre in the catchment area in which he or she lives. Eligible pupils who wish to attend a post-primary centre other than the one serving the catchment area in which they reside may be allowed transport on school services from within the catchment boundary of the centre being attended, subject to there being spare seats available on those services and provided that no additional cost is incurred.
Kinnegad is within the Killucan catchment area. Pupils from the Kinnegad area attending a centre serving the Killucan catchment area who meet the distance requirement are eligible for transport. Pupils from the Kinnegad area attending schools in Mullingar or Rochfortbridge can apply to avail of catchment boundary facilities subject to the conditions outlined.
156 Mr. Durkan asked the Minister for Defence the position regarding future housing prospects for Army overholders; and if he will make a statement on the matter. [26117/05]
Personnel on being discharged from the Permanent Defence Force are obliged to vacate married quarters within a short period of the dates of their discharge. The provision of housing is primarily a matter for the local authorities and married personnel have an equal claim on such housing as other members of the community in the same income category.
Some 54 of those overholding married quarters at the time — 51 at the Curragh, two at McKee Park, Dublin 7 and one at Arbour Hill, Dublin 7 — were written to in August 2002 and requested to vacate the properties. In the Curragh, nine of the quarters have been vacated to date and three others have been purchased by the occupants. A further eight of the properties have been offered for sale and a number of those sales are likely to be finalised in the near future. The three properties in Dublin have also been offered for sale to the occupants. In addition, the sale to the occupants of ten quarters overheld at Cathal Brugha Barracks, Dublin, is under examination.
My Department is continuing to examine all options, including affordable housing and voluntary and co-operative housing schemes, in relation to the re-housing of those overholders who would in the normal way be eligible for local authority housing. The Department remains in contact with the overholders pending resolution of the issue.
157 Mr. Durkan asked the Minister for Defence the situation in relation to Ireland’s participation in PfP; and if he will make a statement on the matter. [26119/05]
Ireland's participation in Partnership for Peace, PfP, to date is set out in our five individual partnership programmes, IPP, copies of which have been lodged in the Oireachtas Library.
Ireland's fifth IPP, covering the period 2005-06 was completed in consultation with the Departments of Foreign Affairs, Environment, Heritage and Local Government, Justice Equality and Law Reform, Health and Children, and Communications, Marine and Natural Resources. A total of 116 activities were chosen representing participation by the Department of Defence, the Defence Forces and the Department of Environment, Heritage and Local Government. Activities consist of training courses, seminars, workshops, conferences, staff exercises and table top exercises.
Defence Forces personnel have participated in a number of staff, technical and crisis management exercises in the context of both the EU and PfP. In accordance with stated policy, the Defence Forces do not participate in multinational military field exercises. Ireland also participates in the PfP planning and review process, known as PARP. In common with the other EU neutral states, Ireland is using the PARP process in connection with planning for humanitarian and rescue tasks, peacekeeping and crisis management, collectively known as the Petersberg Tasks. The scope of our involvement in PARP is focused on enhancing interoperability and familiarity with operating procedures in a multinational environment.
Participation in partnership for peace activities is entirely voluntary and is based on the principle of self-differentiation, that is, a State selects for itself the nature and scope of its participation. It is Government policy to stay in the mainstream of peacekeeping. Ireland's participation in partnership for peace enables our peacekeepers to remain abreast of developments in areas such as training, interoperability and humanitarian aspects of peacekeeping. Participation enhances the ability of our peacekeepers to work with those of other countries and also enables us to share our own peacekeeping skills with a wide range of countries. We want to ensure that the Defence Forces have a full voice in preparations for peacekeeping missions, and we do not want to see Ireland absent, when matters in which we have a legitimate interest are being discussed.
158 Mr. Durkan asked the Minister for Defence the position regarding the disposal of all of the military installations decommissioned in 1998; the total receipts on foot of sale or lease in the interim; the total costs of maintenance, security and other costs throughout the period; the likely developments in the future; and if he will make a statement on the matter. [26120/05]
On 15 July 1998, the Government approved a programme of evacuation and sale of six barracks considered surplus to military requirements. The barracks in question were located at Ballincollig, Fermoy, Castleblayney, Naas, Kildare and Islandbridge, Dublin.
The sale of approximately 97 acres at Murphy Barracks, Ballincollig, was completed in 2003 for a total of €42 million. The bulk of the lands were purchased by O'Flynn Construction. The sale of a site comprising circa 2.7 acres to the Southern Heath Board for €1.73 million was completed last December. It was agreed at the time that an area comprising approximately 27 acres at Murphy Barracks would be transferred to Cork County Council for community use and title to this area is currently being transferred to the council. A half acre site has been set aside on foot of a request from the Office of Public Works for a plot of ground to facilitate extension of the existing Garda station located on Main Street, Ballincollig, as has a site comprising circa 1.7 acres for the Department of Education and Science for a Gaelscoil. The combined value of those two sites is in the region of €2.5 million.
Some 19.218 acres at the former Fitzgerald Camp, Fermoy, were sold to Cork County Council in 2001 for €973,889 for development in conjunction with the IDA. Castleblayney Military Post, County Monaghan, comprising circa ten acres, was sold to the North Eastern Health Board for €761,843 in 2002. Seven acres at Devoy Barracks, Naas, County Kildare, were ceded free of charge to Naas Urban District Council, while a further 14 acres were sold to that authority for €8,888,167. The balance of the barracks lands — one acre — was sold to Kildare County Council for €380,921 in 2002. Clancy Barracks, Islandbridge, Dublin, comprising approximately 13.65 acres was sold to Florence Properties Limited for €25.4 million in 2004.
The Government decided on 1 July 2003 that Magee Barracks, Kildare, would be among the State lands released for inclusion in the Sustaining Progress affordable housing initiative. The intention is that this initiative will be targeted at those who in the past would have expected to purchase a house from their own resources but find that they are unable to do so in the current market. How land at this location might play a role in the delivery of affordable housing units is the subject of ongoing communication with the Department of the Environment, Heritage and Local Government.
The value of sales-disposals completed to date, in respect of the six barracks the subject of the July 1998 Government decision, is in the region of €80 million. The security, maintenance, consultancy and other costs in respect of those barracks identified for closure in 1998 are as follows:
|
Security |
Maintenance and other costs |
|
|
€ |
€ |
|
|
Murphy Barracks, Ballincollig # |
1,120,604 |
257,113* |
|
Fitzgerald Camp, Fermoy # |
330,813 |
42,633 |
|
Castleblayney Military Post # |
131,289 |
10,548 |
|
Devoy Barracks, Naas # |
472,654 |
16,959 |
|
Magee Barracks, Kildare # |
123,291 |
15,677 |
|
Clancy Barracks, Dublin # |
649,441 |
203,089 |
# Now sold or no longer in the administration of my Department. No further costs will be incurred by the Department of Defence.
* Includes costs relating to the preparation of an integrated area action plan.
These costs were more than offset by savings on military security duty allowances and utility costs consequent on the closure of the six barracks. There are no plans to close any further barracks. The Department's property portfolio is, however, kept under continual review and any properties deemed surplus to military requirements will be disposed of to fund much needed investment, to meet the equipment and infrastructure needs of the Defence Forces.
159 Mr. Durkan asked the Minister for Defence if all of the equipment issued to the Army, Naval Service and Air Corps is in keeping with the highest international standards; and if he will make a statement on the matter. [26121/05]
161 Mr. Durkan asked the Minister for Defence if he has satisfied himself that all the equipment currently issued to the Defence Forces is in keeping with the most modern requirements; and if he will make a statement on the matter. [26123/05]
I propose to take Questions Nos. 159 and 161 together.
The acquisition of new equipment for the Defence Forces continues to be a key focus for me as Minister for Defence. I am aware that significant investment has taken place in recent years and I will continue the good work in that regard.
The unprecedented level of expenditure on equipment for the Army, Air Corps and Naval Service was made possible by the Government's decision that pay savings arising from the reorganisation of the Defence Forces set out in the White Paper of 2000, along with proceeds from the sale of surplus properties, would be reallocated for investment in modern facilities and equipment.
Investment in new equipment for the Defence Forces is provided for under various subheads of the Defence Vote relating to defensive equipment, mechanical transport, aircraft, ships and naval stores, engineering, communications and information technology equipment, etc. All elements of the Defence Forces, Army, Air Corps, Naval Service and the Reserve have benefited from the investment in new equipment.
The equipment issued to the Defence Forces is in keeping with the most modern requirements and the highest international standards. The ongoing investment in the Defence Forces will ensure that this remains to be the case.
160 Mr. Durkan asked the Minister for Defence if Irish troops are likely to train alongside other European defence forces in anticipation of participation in rapid response action, PfP and battlegroups; and if he will make a statement on the matter. [26122/05]
In order to reach the requisite level of interoperability, and taking account of the short timeframes envisaged for the deployment of the EU's rapid reaction elements, it would seem to me that the various forces and elements comprising a battlegroup would need to be familiar with the equipment, standard operating procedures, organisation and operations of the group as a whole. However, that does not lead on to an inevitable conclusion that there is a requirement to undertake extensive overseas training. Indeed, Defence Forces personnel have for many years attended workshops, training courses, desktop exercises, seminars and other events overseas as part of their military training and I expect that they will continue to do this. The Defence Forces have also attended training courses and workshops under PfP PARP, the purpose of which is to learn from best practice in other defence forces and includes improving the level of interoperability between forces in the context of peace support operations and the Petersberg Tasks. Whether possible participation in battlegroups would change this situation remains to be seen.
As the Deputy is aware, I have established an interdepartmental working group to examine all issues in relation to Ireland's potential participation in battlegroups. Among the issues to be examined in this regard will be the question of the need for overseas training and the issues which such training might give rise to, including the policy and legal issues. Pending the completion of the work of the group, I cannot say whether overseas training will be necessary, having regard to Ireland's possible contribution to a battlegroup.
162 Mr. Durkan asked the Minister for Defence the extent to which the equipment issued to the Defence Forces has been upgraded to cater for such issues as natural disasters, terrorist and gas attacks; and if he will make a statement on the matter. [26124/05]
The most important defence against any terrorist attack is detection and prevention by the security forces. While the Garda Síochána has the primary responsibility for law and order, one of the roles assigned to the Defence Forces is the provision of aid to the civil power, meaning, in practice, to assist the Garda Síochána when requested to do so. The various components of the Defence Forces are active in this regard, providing such assistance as is appropriate in specific circumstances.
The Defence Forces make contingency plans for a range of scenarios where the State may be at risk. An urgent and detailed review to deal with a range of emergency situations was undertaken by the military authorities following the events of 11 September 2001. It included, inter alia, an update of the threat assessment, intensive contacts with other State agencies, a reassessment of operations orders relating to vital installations, alert systems, the Army ranger wing, ordnance and engineer aspects in terms of explosive ordnance disposal and specialist search, and a review of equipment including the need for air defence. All matters arising were addressed and all procedures updated as required.
The Defence Forces have available to them equipment for monitoring and protecting their members in dealing with nuclear, biological or chemical, NBC, threats identified from time to time. They hold an extensive range of modern NBC equipment that meets their current requirements. This range includes approximately 7,000 NBC suits, 1,500 of which were delivered in 2004. A further 1,000 NBC suits have been ordered for delivery later this year and a further 1,000 suits will be delivered in 2006.
The capacity of the Defence Forces to deal with major emergencies is kept under constant review. Plans and procedures are updated as necessary and such additional equipment as is required to address any perceived deficiencies is acquired on the basis of identified priorities. Training and preparation for such events is also provided for in the Defence Forces' annual training plan.
The most important defence against any attack is of course vigilance, detection and prevention by the security forces. All the necessary resources of the Garda Síochána and the Defence Forces are deployed to this end.
164 Mr. Durkan asked the Minister for Defence the number and location at which Ireland’s Defence Forces are serving overseas; the possible demand in the future; and if he will make a statement on the matter. [26126/05]
Ireland is currently contributing approximately 749 Defence Forces personnel to 19 different missions throughout the world. The main commitments are to: the United Nations Mission in Liberia, UNMIL, with 413 personnel; the NATO-led international security presence, KFOR, in Kosovo, with 210 personnel; and EUFOR, the EU-led operation in Bosnia and Herzegovina, with 54 personnel. Other personnel are serving as monitors and observers with the United Nations, the Organisation for Security and Co-operation in Europe and the European Union. Staff are also deployed at the organisational headquarters of the OSCE, the UN, NATO and the EU.
At present, Ireland subscribes to the United Nations Standby Arrangements System, UNSAS, under which the State offers to provide up to 850 personnel on overseas service at any given time. This is the maximum sustainable commitment that Ireland can make to overseas peacekeeping operations. It should be appreciated that at any one time one group of personnel will have just returned from service, one will be on overseas duty and a further group will be in training. There are no plans at this time to increase the level of our commitment to UNSAS.
Ireland receives requests from time to time concerning participation in various missions and these are considered on a case-by-case basis. Full details are as listed in the following tabular statement.
|
Members |
|
|
1. UN Missions |
|
|
(i) UNIFIL(United Nations Interim Force in Lebanon) |
6 |
|
(ii) UNTSO(United Nations Truce Supervision Organisation) — Israel, Syria and Lebanon |
14 |
|
(iii) MINURSO(United Nations Mission for the Referendum in Western Sahara) |
4 |
|
(iv) UNMIK(United Nations Interim Administration Mission in Kosovo) |
4 |
|
(v) MONUC (United Nations Mission in Democratic Republic of the Congo) |
3 |
|
(vi) UNOCI (United Nations Mission in Ivory Coast) |
2 |
|
(vii) UNMIL(United Nations Mission in Liberia) FHQ |
6 |
|
UNMIL 93rd Inf. Bn. |
407 |
|
TOTAL |
446 |
|
UN Mandated Missions |
|
|
(viii) EUFOR (EU-led Operation in Bosnia and Herzegovina) |
54 |
|
(ix) KFOR (International Security Presence in Kosovo) |
210 |
|
(x) ISAF (International Security Assistance Force in Afghanistan) |
7 |
|
Total number of personnel serving with UN missions |
717 |
|
2. EU Missions |
|
|
(i) European Union Monitor Mission (EUMM) to the former Yugoslavia |
5 |
|
(ii) EU’s support for the UN authorised African Union Mission in Sudan(AMIS) |
1 |
|
(iii) ACEH Monitoring Mission (AMM) |
3 |
|
TOTAL NUMBER OF PERSONNEL SERVING WITH EU MISSIONS |
9 |
|
3. Organisation for Security and Co-operation in Europe (OSCE) |
|
|
(i) OSCE Mission to Bosnia & Herzegovina |
1 |
|
(ii) OSCE Mission in Montenegro |
1 |
|
(iii) OSCE Presence in Albania |
1 |
|
(iv) OSCE Mission in FRY |
2 |
|
(v) OSCE Mission in Georgia |
1 |
|
(vi) Staff Officer, Higher Level Planning Group, Vienna |
1 |
|
Total number of personnel serving OSCE |
7 |
|
4. Head of Military Staff (Brussels) |
1 |
|
5. EU Military Staff (Brussels) |
5 |
|
6. Liaison Office of Ireland, PfP (Brussels) |
2 |
|
7. Permanent Representative to EU (Brussels) |
3 |
|
8. Military Representatives/ Advisers |
|
|
(i) Military Adviser, Permanent Mission to UN, New York |
1 |
|
(ii) Military Adviser, Irish Delegation to OSCE, Vienna |
1 |
|
(iii) Military Representative to Partnership Co-ordination Cell/Supreme |
1 |
|
Headquarters Allied Powers Europe (SHAPE), Mons, Belgium |
|
|
9. Appointments — UN HQ (New York) |
|
|
Officers seconded to DPKO (Department of Peace Keeping Operations) |
2 |
|
TOTAL NUMBER DEFENCE FORCES PERSONNEL SERVING OVERSEAS |
749 |
166 Mr. Naughten asked the Minister for the Environment, Heritage and Local Government the steps which are being taken by his Department to provide public access to sites at Rathcroghan, County Roscommon; and if he will make a statement on the matter. [26041/05]
167 Mr. Naughten asked the Minister for the Environment, Heritage and Local Government the steps which are being taken by his Department to implement the Rathcroghan project, County Roscommon (details supplied); and if he will make a statement on the matter. [26042/05]
I propose to take Questions Nos. 166 and 167 together.
My Department is arranging a meeting with representatives of Roscommon County Council in the near future on a number of issues of archaeological interest, including that of Rathcroghan.
168 Mr. Ring asked the Minister for the Environment, Heritage and Local Government if any funding will be provided to Mayo County Council towards the planned maintenance programme; if an application has been received by his Department from the council for this programme; the amount of funding which the council has received to date; the further amount it will receive; and if he will make a statement on the matter. [26045/05]
Detailed proposals were received in my Department from Mayo County Council in July 2005 for a range of remedial works to be carried out to a significant number of local authority houses in a number of areas across the functional area of the council. My Department has recently issued approval to the council to accept tenders for the refurbishment of rural houses in the Belmullet area.
In order for my Department to determine an overall budget cost for this project the council has been requested to submit documentation on the proposed overall budget costs for formal approval. My Department has also requested the council to submit a schedule of proposed remedial works over the next three years at various locations throughout the county to enable the council and the Department to assess funding requirements over the period.
169 Dr. Cowley asked the Minister for the Environment, Heritage and Local Government if the Ballina sewerage scheme, Ballina, County Mayo will commence sooner rather than later; if it will be completed without delays; when the polluter pays report will be available; and if he will make a statement on the matter. [26053/05]
The Ballina main drainage scheme is approved for construction in my Department's water services investment programme for 2004 to 2006. In July 2005, I approved Mayo County Council's tender recommendations in respect of upgrading the treatment plant and the expansion and improvement of the sewage collection system. It is now a matter for the council to make arrangements for the commencement of the works with the successful tenderers.
A revised report, Water Services Pricing Policy (Polluter Pays), was received by my Department from the council earlier this month and is under examination. In common with all schemes funded under the water services investment programme, the objective is to identify the proportion of the capital cost of the Ballina scheme that should be met by the non-domestic sector in accordance with the polluter pays principle. The water services pricing policy report is being dealt with as quickly as possible and my Department will advise the council of the outcome of its examination shortly.
170 Ms Shortall asked the Minister for the Environment, Heritage and Local Government the sanctions applicable where a local authority fails to meet its obligations as set down in Article 28(1)(d) of SI 600 of 2001. [26057/05]
Article 28(1)(d) of the Planning and Development Regulations 2001 provides that where it appears to a planning authority that the area of another local authority might be affected by a proposed development for which a planning application has been made, it shall notify that local authority.
Section 37(4) of the Planning and Development Act 2000 provides that, where any prescribed body entitled to be given notice of a planning application, in accordance with the permission regulations, is not given such notice, that body shall be entitled to appeal the decision of the planning authority to An Bord Pleanála, notwithstanding the general requirement that only a person or body that has made a submission on a planning application may appeal. The question of sanctions does not arise.
171 Ms M. Wallace asked the Minister for the Environment, Heritage and Local Government the list of guidelines and regulations within his Department that deals with telecommunications masts. [26059/05]
Like all development which is not exempted development, planning permission must be sought for the erection of an antennae support structure or mast. Article 6 and Schedule 2, Part 2, Class 35 of the Planning and Development Regulations 2001 sets out certain exemptions in this area, including, subject to certain conditions, the attachment of additional antennae to an existing antenna support structure, the erection of an antenna support structure in place of an existing antenna support structure and the attachment of antennae to certain existing structures, such as telegraph poles, electricity pylons and certain public or commercial buildings.
Guidelines to planning authorities on telecommunications antennae and support structures were published in July 1996. They are available on my Department's website at www.environ.ie or in the Oireachtas Library.
172 Mr. Bruton asked the Minister for the Environment, Heritage and Local Government the estimated cost of the purchase of carbon credits in respect of Ireland’s excess over the Kyoto limits; the extent to which these costs will fall in the first instance on private agents and on the Exchequer; if it is proposed to fund the cost through general taxation or through earmarked taxation. [26062/05]
As part of an overall response to Ireland's greenhouse gas emissions reduction target for the purposes of the Kyoto Protocol, the Government has signalled an intent to purchase carbon allowances up to a total of 18.5 million allowances over the protocol commitment period 2008-12, or 3.7 million per annum. The cost of these allowances would be met by the Exchequer and would depend on a number of factors, including the type of allowances purchased and the price at the time of purchase. A purchasing strategy is currently being developed by my Department in consultation with the Department of Finance. These arrangements will be published when the arrangements are finalised.
Irish installations participating in the EU emissions trading scheme may opt to purchase carbon allowances in addition to or in lieu of reducing emissions. The cost of such purchases is a matter for the installations concerned.
173 Mr. Quinn asked the Minister for the Environment, Heritage and Local Government his views on the continuing problems of the operation of the sewage plant at Ringsend, in particular those relating to the offensive smells which continue to cause great distress in the local community; if he will undertake to ensure that the most recent consultants’ report is published; if he will become involved in finding a solution to the odour problem; and if he will make a statement on the matter. [26082/05]
The wastewater treatment plant in Ringsend was procured by Dublin City Council under a design-build-operate contract. As the Deputy is aware, the management of public water services infrastructure is a local authority function and, consequently, any issues affecting the operation of the Ringsend plant are matters for the Dublin City Council and the contractor the council has appointed to run the plant.
I am nevertheless conscious of and concerned about the odour problems that have arisen in this case and of the adverse consequences for local residents. Earlier this year the council engaged independent consultants to undertake an extensive technical examination at the plant, to assess all processes and possible sources of odours. While the consultants' assessment is still being finalised, I understand that a programme of works proposed by the contractor who operates the plant in response to the key issues already identified by the consultants has begun and will continue into 2006. The question of publishing the consultants' completed report will be a matter for the council in due course.
The council has indicated to my Department that it regards the implementation of a permanent solution to the odour problems from the Ringsend plant as a top priority. While the completion of the plant means that water in Dublin Bay is cleaner now than for many years and that Dollymount strand has been awarded a blue flag, I regard any significant odour impact from a treatment plant on local residents as unacceptable and something that must be resolved with the greatest urgency.
174 Mr. Quinn asked the Minister for the Environment, Heritage and Local Government if he has received representations from the Swedish retail group IKEA regarding its desire to open a major outlet in the Ballymun area; if his attention has been drawn to the discussions that apparently have taken place with the statutory authorities in Ballymun; and if he will make a statement on the matter. [26084/05]
I have not received representations from the company referred to in this specific matter and when I was considering the issue of the retail planning guidelines last year, I made it clear that I did not meet representatives of any company which had expressed interest in the matter. The company did, however, make a submission to my Department in the course of the review of the retail planning guidelines in so far as they relate to retail warehouse development.
I am aware that the draft north Ballymun local area plan was put on display by Fingal County Council on 14 September. The closing date for comments and submissions is 26 October. Adoption of the local area plan will be a matter in due course for Fingal County Council and any proposed subsequent development would, of course, be subject to the statutory planning permission application process.
Consultations between prospective developers and the public authorities in Ballymun in relation to any proposed development are a matter for the parties concerned and do not fall within my Department's remit. It is normal practice, particularly in the case of large-scale developments, for any person who intends to submit a planning application to enter into consultations on the proposed development with the planning authority and for the planning authority to give advice regarding the proposed application. Such consultations are formally provided for under section 247 of the Planning and Development Act 2000.
175 Mr. Quinn asked the Minister for the Environment, Heritage and Local Government the way in which the transfer of reasonability for the administration of rent allowance has been rolled out between the Department of Social and Family Affairs and his Department in conjunction with local authorities; the number of persons currently on rent allowance for each local authority area in the State; and if he will make a statement on the matter. [26085/05]
Under the rental accommodation scheme, RAS, announced by the Government in July 2004, local authorities will, over a four-year period, progressively assume responsibility for accommodating supplementary welfare allowance or SWA rent supplement recipients of 18 months or more continuous duration with a long-term housing need.
The RAS is a collaborative project between my Department, local authorities, the Department of Social and Family Affairs and the community welfare service. All local authorities are due to implement the new arrangements during 2005. Roll-out commenced in an initial group of lead authorities, namely Dublin, Galway and Limerick city councils, South Dublin, Donegal, Offaly and Westmeath county councils and Drogheda Borough Council. Cork city and county councils and South Tipperary County Council are now implementing the RAS.
The main actions to date have been to put in place the structures necessary to commence the project, identify and resolve issues arising and to engage resources needed to support implementation. Programme managers have been appointed initially to assist the lead authorities but thereafter to be available to support other authorities over the implementation period. Regional and local implementation groups in the lead authority areas have been established to ensure effective ongoing liaison and co-operation locally between housing authorities, health service executive areas and other welfare agencies. A number of seminars have been held in the lead authorities to inform accommodation providers of the new scheme and receive their views. Training seminars for local authority housing practitioners are to commence from November 2005.
Work is ongoing in the lead authorities towards identifying persons on rent supplement in need of long-term housing support. Starting with persons who have been in receipt of rent supplement for 18 months or more, community welfare officers in health service executive areas are continuing to review cases which, subject to meeting eligibility criteria, are in the process of being transferred to the relevant housing authority for the purposes of establishing long-term housing need.
Where a long term housing need is identified by the local authority, it will set about sourcing suitable accommodation for the household under the rental accommodation scheme as quickly as possible. The first transfers to the RAS occurred this month and the pilot local authorities are currently negotiating with accommodation providers in their areas. Pilot projects to secure long-term contracts for the supply of rented accommodation are also being advanced.
Based on Department of Social and Family Affairs data, a table detailing the number of recipients in receipt of rent supplement by county on the 16 September 2005 is attached. The data is not available for each local authority area. As only rent supplement recipients of 18 months or more duration with a long term housing need are eligible to transfer to the RAS, not all current rent supplement recipients will be eligible for the RAS.
|
County |
Recipients |
|
Carlow |
879 |
|
Cavan |
408 |
|
Clare |
1,216 |
|
Cork |
6,734 |
|
Donegal |
2,087 |
|
Dublin |
22,148 |
|
Galway |
3,391 |
|
Kerry |
1,771 |
|
Kildare |
2,329 |
|
Kilkenny |
786 |
|
Laois |
359 |
|
Leitrim |
186 |
|
Limerick |
2,274 |
|
Longford |
370 |
|
Louth |
1,502 |
|
Mayo |
1,771 |
|
Meath |
636 |
|
Monaghan |
325 |
|
Offaly |
569 |
|
Roscommon |
564 |
|
Sligo |
476 |
|
Tipperary |
1, 747 |
|
Waterford |
1,726 |
|
Westmeath |
872 |
|
Wexford |
1,820 |
|
Wicklow |
1,603 |
|
Total |
58,549 |
176 Mr. Quinn asked the Minister for the Environment, Heritage and Local Government the number of local authority dwellings that have been built in each local authority area broken down per year per local authority for the past five full years; and if he will make a statement on the matter. [26086/05]
Detailed information on the number of local authority house starts and completions for the last five years is available in the annual housing statistics bulletins published by my Department, copies of which are available in the Oireachtas Library. Figures for 2004 are also available on my Department's website at www.environ.ie. New multi-annual action plans have been prepared by local authorities for the provision of social and affordable housing over the period 2004-2008. These plans, which have been approved by my Department, are designed to assist local authorities in identifying priority needs over the coming years to provide a coherent and co-ordinated response across all housing services.
177 Mr. G. Murphy asked the Minister for the Environment, Heritage and Local Government the apparent difference on emphasis between the answer given by him on 12 April 2005 and the circular issued by his Department to local authorities regarding heating being provided to the elderly under the disabled person's grant and essential repairs grant. [26095/05]
As indicated in reply to Parliamentary Question No. 1058 of 12 April 2005, the provision of appropriate heating systems is eligible for funding under both the disabled persons and essential repairs grant schemes. Decisions on the type and extent of work which may be grant aided in individual cases are matters for the local authority administering these schemes in their functional areas.
My Department's circular letter HGS 4/01 of December 2001 makes it clear that local authorities may assist the provision of heating under the disabled persons grant scheme in a range of possible circumstances as follows: where central heating is already installed in an existing house, the cost of extending that system to any new accommodation provided would qualify for grant purposes; where an existing house has no central heating, electric storage heaters or other arrangements can serve the new accommodation, although it may occur that a central heating system is being installed in the whole house in conjunction with the provision of the additional accommodation for the disabled person — in such cases the cost of the heating system may be apportioned and the proportional amount for installing the heating in the accommodation for the disabled person may be covered by the grant; in the case of an application for a disabled persons grant solely in respect of the provision of a central heating system, authorities should exercise appropriate discretion taking into account the nature of the disability.
The circular makes it clear that the payment of a grant in respect of such works should only occur in exceptional circumstances. It would be a matter for the local authority to determine the precise interpretation of the exceptional circumstances provision. In such cases it would be for authorities to determine the eligibility of each application on its merits and, where acceptable medical evidence supports the necessity for the provision of appropriate heating facilities, they may assist in the provision of such facilities in accordance with the terms of the disabled persons grant scheme in their area. In relation to the essential repairs grant scheme, the circular states that the statutory regulations do not specify what works qualify for grant and that it is a matter for the local authority to assess the circumstances of each individual case and decide what works are necessary to prolong the useful life of the house for the occupants.
178 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government if he will review the position in respect of local authority housing applicants, who are purchasing subsidised sites from the various local authorities with the objective of identifying the precise amount of subsidy or the removal or reduction of the 20 year claw-back; and if he will make a statement on the matter. [26113/05]
The level of low cost site subsidy provided by my Department to a local authority under the low cost site scheme varies from location to location depending on factors including the acquisition and development costs of the sites. The price at which the local authority intends to sell such sites to housing applicants is a matter to be determined by individual local authorities and the amount the subsidy to be recouped by the Department is subject to the Department's approval prior to the disposal of such sites.
My Department has no proposals to change the conditions of the claw-back arrangements relating to this scheme. Under the scheme local authorities are providing housing applicants with sites at discounted values and therefore to avoid windfall gains accruing to the new owner by a sale within a short period after the acquisition of a subsidised site, the owner must repay a proportion of any profit from the sale of this site to the local authority. Where a site is sold within the first 20 years of occupancy the amount to be repaid is calculated using a formula which has been circulated to all local authorities. The amount payable is reduced by 10% per annum for each full year of occupancy between ten and 20 years. After 20 years no refund would be due to the local authority.
179 Ms Shortall asked the Minister for the Environment, Heritage and Local Government when he will provide the funding necessary to implement all of the recommendations of the greater Dublin strategic drainage study; and the amount of funding which has been allocated to date specifically as a result of this study. [26143/05]
The greater Dublin strategic drainage study was undertaken by Dublin City Council on behalf of the Dublin area local authorities and funded by my Department under the water services investment programme 2004-06. The study report has been submitted to, and is currently being examined by, my Department in light of its relevance to future strategic investment requirements under the water services investment programme. The study analyses the existing drainage system in the greater Dublin area and proposes policies, strategies and projects for developing the drainage system to meet the development needs and anticipated population growth of the area for the period to 2031.
The selection of particular infrastructural schemes by my Department for inclusion in the water services investment programme is based on formal assessments of needs adopted by local authorities in which proposals are identified and prioritised by reference to a range of qualifying criteria. The recommendations in the greater Dublin strategic drainage study will inform this prioritisation process at local authority level and will be taken into account by my Department when specific proposals are put forward by individual authorities for funding under the water services investment programme. My Department's general observations on the study will be furnished to Dublin City Council within the next few weeks.
180 Ms Shortall asked the Minister for the Environment, Heritage and Local Government the statutory instruments governing the circumstances whereby an amenity or other development is proposed by a developer as part of the overall development of a site and granted permission by the local authority, as opposed to conditioned to that permission, but then not proceeded with by that developer; the sanctions open to the local authority in such an instance; and if he will make a statement on the matter. [26147/05]
Any person who undertakes development on foot of a planning permission must complete the entire development. There are extensive enforcement powers available to a planning authority under Part VIII of the Planning and Development Act 2000 to require the works to be executed in conformity with the planning permission granted. In addition to requiring the provision of a wide range of facilities and services as a part of a permission, a planning authority may also enter into an agreement, as provided for in section 47 and Part XIV of the Planning and Development Act 2000, with a developer for the appropriate development of land. This agreement may then be enforced, as a civil matter, through the courts.
