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Dáil Éireann díospóireacht -
Tuesday, 25 Oct 2005

Vol. 608 No. 3

Written Answers.

The following are questions tabled by Members for written response and the ministerial replies received from the Departments. [unrevised].
Questions Nos. 1 to 8, inclusive, answered orally.
Questions Nos. 9 to 92, inclusive, resubmitted.
Questions Nos. 93 to 99, inclusive, answered orally.

Planning Issues.

Trevor Sargent

Ceist:

100 Mr. Sargent asked the Minister for the Environment, Heritage and Local Government the number of section 140 motions under the Local Government Act 2001 which have been tabled and passed by local authorities in each county since the passing of the Act; and if he will make a statement on the matter. [30418/05]

The application of section 140 of the Local Government Act 2001 is wholly a matter for local authorities, and my Department does not compile comprehensive data in relation to resolutions by authorities under this section of the Act. However, information is obtained from planning authorities regarding the use of section 140 procedures in relation to planning applications and this information is included in the annual planning statistics published by my Department.

In 2002, 27 resolutions were tabled under this procedure and the related section 4 provisions of the City and County Management (Amendment) Act 1955, of which 23 were passed. In 2003, 130 section 140 resolutions were tabled of which 101 were passed.

Water Quality.

Paul McGrath

Ceist:

101 Mr. P. McGrath asked the Minister for the Environment, Heritage and Local Government the action he will take to improve further surface water quality and reduce eutrophication of rivers, lakes, and tidal waters in view of the fact that gains in water quality made in the late 1990s have not been sustained; and if he will make a statement on the matter. [30440/05]

The main conclusion of the recently published EPA report, Water Quality in Ireland 2001-2003, is that the overall condition of Irish waters remains satisfactory and compares favourably with the position in other European countries.

One important factor has been the dramatic improvement in the area of waste water discharges into fresh or estuarine waters since the mid-1990s. In 1997 when the previous Government took office, fewer than 20% of discharges met EU requirements. This has by 2005 risen to 90%, reflecting massive investment by my Department in waste water treatment plants —€1.7 billion in the four-year period to 2004 alone. The benefits of this waste water investment programme are now visible. This year Dublin became one of a very small handful of European capitals to have a blue flag beach in their metropolitan area. Again this summer, the River Lee was sufficiently clean for the Lee swim to be held again in the heart of Cork city for the first time in more than 50 years.

While I welcome the positive improvements noted in the report, we cannot be complacent. The report highlights areas where further work is needed, such as combating the risk posed to our rivers and lakes by nutrient enrichment. To meet the challenges raised in the report, we must tackle pollution from all sources, agricultural, municipal or industrial.

A wide range of measures are being progressed to secure further improvements in water quality. A revised nitrates action programme was finalised in July for the purpose of strengthening the application of good farming practice for protection of waters. I have subsequently issued for public consultation the text of draft regulations to give legal effect to the nitrates action programme and I intend to make the regulations by the end of November following consideration of comments received. The nitrates action programme will come into effect on a phased basis from 1 January 2006.

Ireland has, to date, met all implementation deadlines under the water framework directive which aims to prevent any deterioration of waters and to achieve at least good status for all waters. A programme of measures is being developed for each river basin district for this purpose. I am confident that all these measures will bring about sustained improvements in our water quality over the coming years.

Nuclear Safety.

Michael Noonan

Ceist:

102 Mr. Noonan asked the Minister for the Environment, Heritage and Local Government if he will publish his correspondence with Mr. Finn Uglevelt in relation to the level three incident at Sellafield in 2005; and if he will make a statement on the matter. [30426/05]

Olwyn Enright

Ceist:

141 Ms Enright asked the Minister for the Environment, Heritage and Local Government if he will publish his correspondence with UK Minister, Mr. Alan Johnson MP, in relation to the level three incident at Sellafield earlier in 2005; and if he will make a statement on the matter. [30425/05]

I propose to take Questions Nos. 102 and 141 together.

I have had no direct correspondence with Mr. Finn Uglevelt in relation to the level three incident at Sellafield. However, officials of my Department were in correspondence on this issue with Mr. Uglevelt, who is attached to the Norwegian Radiation Protection Authority. The incident at Sellafield was the subject of correspondence between myself and Alan Johnson MP, UK Secretary of State for Trade and Industry, which culminated in my recent meeting with him on the 19 October last.

That meeting focused on the THORP incident and on issues regarding the continued operation of the Sellafield plant. While our meeting was cordial, there was an extremely frank exchange of views. I made very clear to the Secretary of State, the Government's serious concern about the fact that the THORP incident of last April had occurred at all. I strongly underlined our concern about the findings of BNFL's own report in regard to the culture of complacency at Sellafield. The THORP leak represented another chapter in the ongoing Sellafield cycle of failure. This pattern is untenable and the Secretary of State was left in no doubt about our view that it is time for the UK to face up to and make the hard decisions necessary to end reprocessing. The Secretary of State confirmed to me that the UK Government is undertaking a review of the THORP plant with the Nuclear Decommissioning Authority, which assumed responsibility for the Sellafield site and operations in April 2005. While I welcomed this development, I conveyed in the strongest possible terms the view of the Irish Government that reprocessing should be brought to an end.

I also made it known to the Secretary of State that I had again raised the issue of the THORP leak with the European Commissioner for Energy, Mr. Andris Piebalgs. EU safeguards and controls at Sellafield are conducted under the terms of the EURATOM Treaty. In my most recent letter I have pressed the Commissioner to reflect on the implications of the THORP leak for the conduct and effectiveness of the safeguards regime and to respond appropriately. I look forward to hearing from the Commissioner on this important matter at an early date.

Normal practice is to maintain the confidentiality of correspondence which is generated in the context of the international relations of the State. I do not propose to depart from that practice in these cases.

National Building Agency.

Phil Hogan

Ceist:

103 Mr. Hogan asked the Minister for the Environment, Heritage and Local Government the new role for the National Building Agency; and if he will make a statement on the matter. [30015/05]

The primary objectives of the National Building Agency are to provide advisory services to local authorities in the provision of social housing and to undertake urban renewal projects on a commercial basis in joint venture arrangements with local authorities and-or builders and developers. The agency makes a valuable contribution in delivering on the Government's objectives on social housing through the voluntary, local authority and affordable housing programmes and major local authority housing refurbishment projects.

Within the agency's overall mandate, there is scope for its expertise to be deployed in providing certain support services to the recently established affordable homes partnership. The partnership, which was established with effect from 1 August 2005, is charged with co-ordinating and adding impetus to the delivery of affordable housing in the greater Dublin area which includes the four Dublin local authority areas and counties Meath, Kildare and Wicklow, with a particular focus on the Dublin area. My Department has had discussions with both the agency and the partnership about this issue and both organisations are now working to progress potential areas for co-operation.

Homelessness Policy.

Ruairí Quinn

Ceist:

104 Mr. Quinn asked the Minister for the Environment, Heritage and Local Government if he will guide local authorities and State agencies towards a broader and more realistic definition of homelessness, as recommended by the Simon and Combat Poverty Agency report published earlier in 2005, to inform policy and planning in a more effective way; and if he will make a statement on the matter. [30384/05]

The definition of homelessness in the Housing Act 1988 provides for a wide range of circumstances on the basis of which a person may be deemed homeless by a local authority. I am, however, aware of calls for the revisiting of this definition and for its application on a more consistent basis by local authorities nationally. The independent review of the implementation of the integrated and preventative homeless strategies and their associated action plans, which is nearing completion, is addressing issues relevant to this matter. I expect that the outcome of this review will assist future decisions in this area.

Nuclear Plants.

Jack Wall

Ceist:

105 Mr. Wall asked the Minister for the Environment, Heritage and Local Government his views on plans to privatise a number of nuclear installations in the United Kingdom; his further views on whether, as bad as safety at nuclear installations in the United Kingdom is under a state company, they will only worsen if privatised; his views on the privatisation plans of his United Kingdom counterpart; and if he will make a statement on the matter. [30293/05]

I assume that the question refers to recent reports of plans by the UK Nuclear Decommissioning Authority to introduce competition into the decommissioning process by using contractors and encouraging competition to carry out decommissioning contracts. The Nuclear Decommissioning Authority is a public body established by the UK Government. The objective of the authority is to deliver safe, cost effective and environmentally responsible decommissioning of the UK's civil nuclear legacy.

While in principle the use of contractors should not cause safety standards to be compromised, I understand that contractors were previously used at the Dounreay research reactor site. This experience was unsatisfactory since proper scrutiny and safety co-ordination was not in place and safety standards suffered. I understand that such concerns are being addressed in discussions between the UK regulators and the authority.

Regardless of whether contractors are used for a particular operation, the ultimate responsibility for safety still lies with the Nuclear Decommissioning Authority and it is imperative that safety standards should be maintained and not compromised to achieve false economies. My Department and I will remain fully engaged as stakeholders in regard to the operations of the authority and we will continue to articulate our concerns that only the highest safety, security and environmental standards are employed by the authority in its operations or by contractors acting on its behalf.

Greenhouse Gas Emissions.

Richard Bruton

Ceist:

106 Mr. Bruton asked the Minister for the Environment, Heritage and Local Government if he has estimated the potential impact on the Exchequer of the purchase of carbon credits under Kyoto commitments. [26665/05]

Martin Ferris

Ceist:

114 Mr. Ferris asked the Minister for the Environment, Heritage and Local Government if he will make a statement to Dáil Éireann regarding the predictions by consultants engaged to review the State’s greenhouse gas emissions that they will face a bill of more than €100 million for failure to reduce emissions output in line with Kyoto commitments and the fact that the Government’s failure to take the action necessary to curb greenhouse emissions has brought about this situation. [30322/05]

Olivia Mitchell

Ceist:

126 Ms O. Mitchell asked the Minister for the Environment, Heritage and Local Government the level of fines Ireland will be forced to pay for failure to meet obligations under the Kyoto Agreement; and if he will make a statement on the matter. [30341/05]

Gay Mitchell

Ceist:

152 Mr. G. Mitchell asked the Minister for the Environment, Heritage and Local Government his views on the recent report on the Kyoto Protocol conducted by companies (details supplied); and if he will make a statement on the matter. [30339/05]

Olivia Mitchell

Ceist:

160 Ms O. Mitchell asked the Minister for the Environment, Heritage and Local Government the amount he projects will need to be spent on emissions trading to meet obligations under the Kyoto Agreement; and if he will make a statement on the matter. [30340/05]

I propose to take Questions Nos. 106, 114, 126, 152 and 160 together.

On 11 October 2005, my Department made available a report by consultants that sets out preliminary updated projections of national greenhouse gas emissions during the Kyoto Protocol commitment period 2008-2012. These projections are part of Government preparations for the second phase of the EU emissions trading scheme, which covers the same period, and have been published to facilitate public consultation with stakeholders. As such, they should not yet be regarded as definitive projections of emissions for the period in question. The public consultation will inform ongoing work by the consultants and I expect to publish their final report early in 2006.

The preliminary projections suggest that Ireland must achieve emissions reductions of 8.1 million tonnes of carbon dioxide over the period 2008 to 2012 to meet its target for the purpose of the Kyoto Protocol. This figure is more than a million tonnes less than earlier projections of 9.2 million tonnes.

A proportion of this 8.1 million tonnes gap will be allocated to Irish participants in the EU emissions trading scheme and the remainder will be addressed through a combination of emission reductions in line with the national climate change strategy and the purchase by the State of carbon credits through the mechanisms provided for under the Kyoto Protocol.

The purchase of carbon credits is one of the options under the Kyoto Protocol to achieve emission reductions on a least-cost basis. The Government has already signalled its intent to use the Kyoto Protocol flexible mechanisms to purchase up to 3.7 million allowances for each year of the Kyoto Protocol commitment period. On the basis of an assessed average price of €15 per carbon allowance during the period 2008 to 2012, the total annual cost to the Exchequer would be €55.5 million.

In the commitment period 2008 to 2012, Ireland's target is to limit emissions of greenhouse gases at not more than 13% above 1990 levels. Data compiled by the Environmental Protection Agency show overall emissions in 2003 at approximately 25% above 1990 levels, down from approximately 29% in 2002 and 31% in 2001. These show significant progress towards our 13% target. Ireland has no reason to contemplate fines or penalties under the Kyoto Protocol and the focus of Government policy and action is to achieve our emission limitation target.

Departmental Schemes.

Willie Penrose

Ceist:

107 Mr. Penrose asked the Minister for the Environment, Heritage and Local Government if the World Health Organisation international radon project co-ordinators’ attention has been drawn to the fact that in 1997 the Government scrapped a radon remediation grant scheme for householders; if this issue has been raised in view of the 200 deaths per year which are linked to radon exposure here; and if he will make a statement on the matter. [30297/05]

Willie Penrose

Ceist:

203 Mr. Penrose asked the Minister for the Environment, Heritage and Local Government the financial constraints within his Department which prevent the introduction of a radon remediation grant scheme for householders; and if he will make a statement on the matter. [30298/05]

I propose to take Questions Nos. 107 and 203 together.

Ireland, through the Radiological Protection Institute of Ireland, RPII, is actively participating in the World Health Organisation's international radon project and will continue to support this work. Exchanges of information on national experiences are an ongoing part of the international radon project and RPII would have contributed briefing on the Irish experience.

As I have previously stated, Government efforts and resources, together with the RPII, are continuing to focus on highlighting public awareness of radon and on improving information to householders to enable and encourage them to address monitoring or remedial requirements effectively and economically.

The Government has over the years, largely through the RPII, committed significant resources to assessing the extent of the radon problem throughout the country and to highlighting public awareness of radon and the health risks associated with prolonged exposure to high radon concentrations. For many years now, the RPII has been encouraging householders, particularly those in high radon areas, to have their homes tested for radon and to undertake radon remediation works where necessary. This approach is considered to be more effective than the introduction of a demand-led scheme of domestic radon remediation grants.

It should be noted that a recent European study shows that, for those exposed to similar concentrations of radon, the risk of contracting lung cancer is 25 times greater for those who smoke and that the vast majority of the radon-induced lung cancer cases occur among smokers and ex-smokers.

Nuclear Plants.

Arthur Morgan

Ceist:

108 Mr. Morgan asked the Minister for the Environment, Heritage and Local Government if he will report to Dáil Éireann on the meeting which he held with the British Secretary of State for Trade and Industry on 19 October 2005; the discussion he had in relation to Sellafield and if any agreements were reached that will further the campaign to bring about the closure of Sellafield. [30318/05]

Fergus O'Dowd

Ceist:

124 Mr. O’Dowd asked the Minister for the Environment, Heritage and Local Government his views on his recent meeting with the British Government regarding Sellafield. [30399/05]

Emmet Stagg

Ceist:

177 Mr. Stagg asked the Minister for the Environment, Heritage and Local Government if he will report on his meeting with the British Secretary of State for Trade and Industry, Mr. Alan Johnson; if he made him aware of the views of the Irish people at the undetected leak for nine months of 83,000 litres of radioactive material containing 20 tonnes of uranium and plutonium; and if he will make a statement on the matter. [30294/05]

I propose to take Questions Nos. 108, 124 and 177 together.

I met the British Secretary of State for Trade and Industry, Mr. Alan Johnson, in London on 19 October. The meeting focused on the THORP incident and on issues regarding the continued operation of the Sellafield plant. While our meeting was cordial, there was an extremely frank exchange of views.

I made very clear to the Secretary of State, the Government's serious concern about the fact that the THORP incident of last April had occurred at all. I strongly underlined our concern about the findings of BNFL's own report in regard to the culture of complacency at Sellafield. The THORP leak represented another chapter in the ongoing Sellafield cycle of failure. This pattern is untenable and the Secretary of State was left in no doubt about our view that it is time for the UK to face up to and make the hard decisions necessary to end reprocessing.

The Secretary of State confirmed to me that the UK Government is undertaking a review of the THORP plant with the Nuclear Decommissioning Authority, which assumed responsibility for the Sellafield site and operations in April 2005, following this year's serious incident. While I welcomed this development, I conveyed in the strongest possible terms the view of the Irish Government that reprocessing should be brought to an end. Reprocessing is unwelcome, environmentally untenable and compromises safety and security on both sides of the Irish Sea. Any review of THORP should encompass not only economic, but also safety, security and environmental considerations. The Secretary of State also informed me that there were no new contracts in place for the THORP facility and that it was expected that all reprocessing at the plant would cease in 2010. If this position holds, as I hope it will, it will represent a very positive outcome, although the operation of the THORP facility is only one of our concerns about the Sellafield operation.

I also made it known to the Secretary of State that I had again raised the issue of the THORP leak with the European Commissioner for Energy, Mr. Andris Piebalgs. EU safeguards and controls at Sellafield are conducted under the terms of the EURATOM Treaty. In my most recent letter I have pressed the Commissioner to reflect on the implications of the THORP leak for the conduct and effectiveness of the safeguards regime and to respond appropriately. I look forward to hearing from the Commissioner on this important matter at an early date. It is clear that the recent incident at the THORP plant has prompted a serious review of the operation of the plant and it remains to be seen if it will reopen.

I also raised the issue of security at Sellafield and both the Secretary of State and myself noted the improved co-operation and information sharing which the two Governments put in place over the past year arising out of the international legal actions which Ireland has pursued.

I have little doubt that the current legal and diplomatic initiative by the Government in relation to Sellafield has resulted in increasing recognition by the UK Government and its agencies of the priority accorded to the issue of Sellafield by the Irish Government. I am confident that my meeting with Secretary of State Johnson served to again highlight the Government's concerns and reiterate our ongoing commitment to securing the safe closure of the Sellafield plant.

Building Regulations.

Phil Hogan

Ceist:

109 Mr. Hogan asked the Minister for the Environment, Heritage and Local Government the reason for the delay in implementation of the new improved energy efficiency standard for housing; and if he will make a statement on the matter. [30017/05]

Thermal performance and insulation standards for new dwellings under part L of the building regulations have been progressively increased since their introduction in 1992 and are due for further upward adjustment by 2008. The national climate change strategy, NCCS, proposed that 1997 part L standards, operative since 1 July 1998, be significantly increased in two phases in mid-2002 and 2005. The NCCS stated that the planned increases were contingent on the outcome of an independent study commissioned by the Building Regulations Advisory Body on the impact of the proposed further increase in thermal performance standards on, inter alia, building systems. The relevant report by the energy research group UCD concluded that the most commonly used house building systems could all be insulated to comply with the proposed part L regime subject to minor adjustments in the proposed standards.

Consequently, it was decided to bring forward the planned second phase — 2005 — amendment of the part L regulations and to implement the radical increase in thermal performance standards in a single step. Following a public consultation process, amending part L regulations were made in 2002 for new dwellings commencing on or after 1 January 2003. The greatly enhanced standards will reduce energy required for domestic space heating by an estimated 23% to 33%, depending on the type and size of dwelling.

The 2002 regulations contained a transitional provision whereby the enhanced part L standards do not apply to new dwellings for which planning permission was sought on or before 31 December 2002, provided the substantial work has been completed on the new dwellings involved by 31 December 2005. This type of transitional provision is a common feature of building regulation amendments and is designed to ensure that major changes in building code requirements do not disrupt the construction of new dwellings at an advanced stage of planning or design.

Social and Affordable Housing.

Aengus Ó Snodaigh

Ceist:

110 Aengus Ó Snodaigh asked the Minister for the Environment, Heritage and Local Government his plans to repeal the provisions introduced by way of the Planning and Development (Amendment) Act 2002 which enabled developers to give money, land or units on a different development to fulfil their commitments under Part V and which undermine the potential of the legislation to deliver integrated social and affordable housing. [30320/05]

The changes to Part V of the Planning and Development Act 2000, introduced by way of amendment, are specifically designed to secure delivery of housing more quickly and more efficiently. Section 3 of the 2002 Act, which replaced section 96 of the Planning and Development Act 2000, sets out certain additional ways in which an applicant for permission for development may comply with the requirements of Part V in relation to the provision of social and affordable housing.

Instead of reserving land or providing sites to the local authority within the proposed development, applicants can now reach an agreement to reserve land or to provide houses or sites at another location or to make a payment to the local authority which will be used for the provision of social and affordable housing or to agree to a combination of any of these factors. It is important to note that when considering whether to enter into an alternative agreement, the authority will have to consider its contribution towards achieving the objectives of the housing strategy, its resources and the financial implications of such an agreement towards its budget, the need to counteract undue social segregation in the area, the provisions of the development plan and how quickly housing is likely to be provided as a consequence of the agreement.

While all of these options give considerable flexibility to planning authorities, the preferred option is the delivery of housing units, particularly on site to achieve integrated mixed tenure developments. All moneys received under a Part V agreement by a planning authority must be lodged to a separate account and may only be used as capital for its functions under Part V or in relation to the provision of housing under the Housing Acts 1966 to 2002.

Far from hindering housing output, the introduction of these additional options for compliance with Part V requirements has enabled practical agreements to be made in a timely manner, thus allowing us to secure high levels of housing supply for all sectors of the community. Up to the June quarter of 2005, a total of 1,294 housing units have been acquired under Part V with in excess of 2,200 units in progress. In the circumstances, I have no plans to repeal the provisions of the Act.

EU Directives.

Brendan Howlin

Ceist:

111 Mr. Howlin asked the Minister for the Environment, Heritage and Local Government the reason he has failed to respond to the European Commission’s final warning announced on 13 January 2005 regarding the failure to clean up waste at the Boyne estuary in view of the fact that a response was due within three months of the warning; and if he will make a statement on the matter. [30370/05]

On 22 December 2004, an additional reasoned opinion was addressed to Ireland by the European Commission, under Article 226 of the treaty establishing the European Community, concerning alleged failure by Ireland to comply with obligations under Directive 75/442/EEC on waste, as amended by Directive 91/156/EEC, and Directive 92/43/EEE on the conservation of natural habitats and of wild flora and fauna. A response by Ireland had in fact issued on 6 December 2004.

This issue was among a number of matters discussed by my officials with the Commission at a meeting in Dublin on 20 October 2005. A further letter issued to the European Commission on 21 October 2005 with the aim of progressing the matter towards a satisfactory conclusion.

Social and Affordable Housing.

David Stanton

Ceist:

112 Mr. Stanton asked the Minister for the Environment, Heritage and Local Government his views on whether the NESC estimation that 73,000 more social housing units will be needed by 2012; if he and the local authorities will be able to supply this many units; and if he will make a statement on the matter. [30360/05]

Tom Hayes

Ceist:

113 Mr. Hayes asked the Minister for the Environment, Heritage and Local Government the steps he will take to reverse the trend in construction of voluntary and co-operative housing, which showed a 57.5% fall in the number of completions in the second quarter of 2005; and if he will make a statement on the matter. [30347/05]

Activity under the voluntary and co-operative housing schemes has been increasing steadily over the last five years. Some 1,600 units of accommodation were provided last year compared with 950 units in 2000, which represents an increase of more than 59%. The number of units completed and in progress at the end of June 2005 stood at 2,564 and it is anticipated that the number of units which will be completed this year will exceed 1,600.

The Government is fully committed to developing and expanding the sector and to supplying the necessary resources and support to enable it to become an important and significant force and provider in the housing area. Provision for funding for the schemes has been increased significantly from €44 million in 1999 to €237 million in 2005. In conjunction with this funding for the voluntary housing programmes, my Department has also initiated the development by local authorities of five-year action plans, commencing in 2004, for the delivery of social and affordable housing, including the voluntary programme, to ensure a systematic and integrated approach to the effective use of these resources.

Question No. 114 answered with QuestionNo. 106.

Waste Management.

Michael D. Higgins

Ceist:

115 Mr. M. Higgins asked the Minister for the Environment, Heritage and Local Government the steps he will take at national level to tackle the illegal dumping of construction waste, which was cited by the Office of Environmental Enforcement’s report, The Nature and Extent of Unauthorised Waste Activity in Ireland; and if he will make a statement on the matter. [30369/05]

Michael D. Higgins

Ceist:

125 Mr. M. Higgins asked the Minister for the Environment, Heritage and Local Government if a national waiver system for refuse collection will be established in view of claims by the office of environmental enforcement that a significant proportion of the population are illegally dumping or burning waste; and if he will make a statement on the matter. [30368/05]

Ruairí Quinn

Ceist:

140 Mr. Quinn asked the Minister for the Environment, Heritage and Local Government if he will provide funding to local authorities to deal with the investigation and clean-up of the 25 illegal dumping sites identified in the EPA report, The Nature and Extent of Unauthorised Waste Activity in Ireland; the steps he will take in relation to the clean-up and investigation of the historical illegal dumping sites not included on the EPA list; and if he will make a statement on the matter. [30385/05]

Pádraic McCormack

Ceist:

149 Mr. McCormack asked the Minister for the Environment, Heritage and Local Government the action he will take following the publication by the office of environmental enforcement of its report, The Nature and Extent of Unauthorised Waste Activity in Ireland; and if he will make a statement on the matter. [30355/05]

Róisín Shortall

Ceist:

187 Ms Shortall asked the Minister for the Environment, Heritage and Local Government the actions he will take to provide stricter enforcement against backyard burning of household waste; the further action he will take in relation to the use of illegal waste collectors; and if he will make a statement on the matter. [30390/05]

I propose to take Questions Nos. 115, 125, 140, 149 and 187 together.

I welcome the publication of this report which also sets out an action plan to deal further with unauthorised waste activity in Ireland. The Office of Environmental Enforcement, through its national enforcement network, will co-ordinate the implementation of this plan. The network has, for example, on 18 and 19 October 2005 organised a national conference on waste enforcement for local authority personnel and other stakeholders, including officials from my Department and representatives of the regulatory authorities in Northern Ireland, to consider further the prioritisation of the required actions. Additional enforcement initiatives are being planned, including targeted efforts to deal with the construction and demolition waste aspects highlighted in the report. Certain of the initiatives fall to be considered by my Department and these will be dealt with as soon as possible and in conjunction with OEE priorities.

The office is continuing to seek information about unauthorised waste activity, both past and present, and a confidential waste information line is being established to facilitate any individuals or organisations that wish to provide information to the OEE about illegal dumping of waste.

The issue of investigation and remediation associated with illegal waste deposition has been dealt with in the recent policy direction which I issued under section 60 of the Waste Management Act 1996. The direction requires that regulatory authorities pursue illegal holders of waste looking to the maximum potential sanctions available in law. In addition, the direction requires that local authorities, where practicable, pursue civil remedies against illegal operators, as provided for the Waste Management Act, including for purposes of recovering the costs of remediation measures taken.

In regard to landfills which are now closed but which when in operation complied with the then existing legal requirements, a statutory direction issued by me has reminded local authorities of their statutory obligation to identify and risk assess all such facilities having regard to modern environmental standards. The EPA is preparing a methodology to assist in the risk assessment phase of this process. The environmental and financial implications of this landfill legacy will be further considered when this investigation has been advanced.

I am satisfied that there is an effective regulatory and enforcement regime in place to deal with both backyard burning and illegal waste collectors. The Air Pollution Act 1987 prohibits the occupier of any premises from causing or permitting an emission of a pollutant into the atmosphere in such a quantity or manner as to be a nuisance. The Act empowers local authorities to prevent or limit air pollution and provides for penalties including fines and-or imprisonment upon conviction. In addition, section 20 (5) of the Fire Services Act 1981 provides that a fire authority may serve a fire safety notice on the owner or occupier of land on which a flammable, explosive or potentially explosive substance is used, stored or deposited adjacent to buildings in such a manner as to represent a serious danger to life. The fire safety notice may require that specified measures be taken to reduce the level of danger.

The Waste Management Act 1996 also places a general duty on the holder of waste not to hold, transport, recover or dispose of waste in a manner that causes or is likely to cause environmental pollution. Persons who are found to be responsible for or involved in the unauthorised disposal of waste are liable to the following penalties: on summary conviction to a fine not exceeding €3,000 and-or imprisonment for up to 12 months; and on conviction on indictment to a fine not exceeding €15 million and-or imprisonment for up to ten years.

Local authorities are also empowered under Part VII of the Local Government Act 1994 to make by-laws in the interests of the common good of the local community that any activity should be regulated or controlled. It is a matter for the local authority concerned to determine the nature and extent of any waiver scheme in respect of waste management charges.

Energy Efficiency.

Shane McEntee

Ceist:

116 Mr. McEntee asked the Minister for the Environment, Heritage and Local Government the number of households equipped with solar panels to provide energy; and if he will make a statement on the matter. [30408/05]

My Department does not have information on the number of households equipped with solar panels for energy. However, information on a range of other energy efficiency measures in Irish households is available in the Irish National Survey of Housing Quality 2001-2002, which was commissioned by my Department. A copy of this report is available in the Oireachtas Library.

EU Directives.

Brendan Howlin

Ceist:

117 Mr. Howlin asked the Minister for the Environment, Heritage and Local Government when he will reply to the European Commission regarding the concerns that the Commission has in relation to the conformity of Irish legislation with Article 19(2) of the EC Treaty and Council Directive 93/109/EC, which concern the voting rights of new Community voters, in view of the fact that the Commission has concluded that the difference between the treatment of Irish voters and Community voters under Irish legislation means that the Irish legislation could infringe on Community law; if he has satisfied himself that the information on the official Government website in relation to this matter is accurate; the steps he will take to address the Commission’s concerns on this matter; and if he will make a statement on the matter. [30371/05]

The European Commission has communicated with my Department in relation to potential costs associated with completion of a statutory declaration in respect of the first time registration of Community voters who wish to vote in European Parliament elections in Ireland. Detailed consideration of the matter is now at an advanced stage in my Department and a substantive reply will issue shortly to the Commission.

Social and Affordable Housing.

Arthur Morgan

Ceist:

118 Mr. Morgan asked the Minister for the Environment, Heritage and Local Government the number of units of social and affordable housing provided under Part V of the Planning and Development Acts 2000 to 2002 from 1 January 2005 to date; and if he will make a statement on the matter. [30319/05]

Information up to the June quarter of 2005 on the number of social and affordable housing units acquired under Part V of the Planning and Development Acts 2000 to 2004 is published in my Department's housing statistics bulletins, which are available in the Oireachtas Library and on the Department's website at www.environ.ie.

Pat Rabbitte

Ceist:

119 Mr. Rabbitte asked the Minister for the Environment, Heritage and Local Government when the assessment of housing need will be published; if he will report to Dáil Éireann on the numbers of social and affordable houses required nationally as reported in the assessment; and if he will make a statement on the matter. [30387/05]

Bernard J. Durkan

Ceist:

180 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the fact that owing to lack of current or forwarding addresses, thousands of local authority housing applicants were deleted from the local authority housing list in the course of the housing assessment programme initiated by his Department; if each applicant will be restored to the housing list with full and retrospective entitlement; and if he will make a statement on the matter. [30393/05]

Paul Nicholas Gogarty

Ceist:

198 Mr. Gogarty asked the Minister for the Environment, Heritage and Local Government the number of applicants on local authority housing lists nationally in 1997 and 2002 in the four Dublin counties. [30413/05]

I propose to take Questions Nos. 119, 180 and 198 together.

The most recent three yearly assessment of need for social housing was carried out by local authorities in March 2005. Returns were received in my Department over the summer period. The data are now being finalised and will be published very shortly.

The Government has been making substantial progress in addressing the concerns raised in the NESC report, with record housing output levels and increased investment in social and affordable housing measures. New measures have already been announced to accelerate the delivery of affordable housing and to maximise the availability of land for social and affordable housing programmes. The Government indicated at that stage that the more medium-term issues highlighted by NESC, particularly in the social and affordable housing area, would be addressed later in the year.

The NESC report advocated a significant increase in the social housing stock and by way of illustration argued for a social housing stock possibly to as many as 200,000 units by 2012. The NESC acknowledged, however, that the appropriateness of the overall scale of ambition and the urgency of actions would be clearer after the completion of the 2005 assessment of housing need. The Government's consideration of this matter will therefore be informed by the outcome of the statutory housing needs assessment being finalised at present and the work by the housing forum in reviewing the effectiveness of the existing social and affordable housing schemes in the context of the Sustaining Progress agreement. I anticipate the announcement of a new statement of housing policy at the end of this year.

For the purposes of undertaking the 2005 housing needs assessment, my Department issued guidelines to local authorities requesting them to contact applicants included in a previous assessment or subsequently accepted for inclusion in the next assessment to see whether they are still seeking to be housed. Local authorities were requested to carry out an extensive search for any of their existing applicants who did not respond to their requests to update information in relation to their applications. It is understood that in many instances this involved local authorities writing to the applicant up to three times and attempts were also made in some instances to contact applicants by phone.

It is a matter for individual local authorities to decide, having regard to efforts made to contact applicants, to decide on the status of applicants for waiting list purposes. My Department has no function in these individual decisions. Equally, it is a matter for individual local authorities to decide whether a housing applicant who has failed to notify the local authority of where he or she is residing should be reinstated on the waiting list with retrospective recognition of a previous application.

Previous housing needs assessments were carried out in 2002, 1999 and 1996. Information on the number of households in need of housing in the four Dublin authorities was published in my Department's September quarterly edition of the housing statistics bulletin for those years, copies of which are available in the Oireachtas Library.

Consultancy Contracts.

John Deasy

Ceist:

120 Mr. Deasy asked the Minister for the Environment, Heritage and Local Government the guidelines on Department procurement practices and the processes which have been put in place for the approval and reporting on consultancies and for process auditing of all major procurement contracts; and if he will make a statement on the matter. [30439/05]

Richard Bruton

Ceist:

601 Mr. Bruton asked the Minister for the Environment, Heritage and Local Government the guidelines in place for the commissioning of outside expertise in the consultancy and public relations fields; and if ministerial approval is required for approval of expenditure on such commissions. [30166/05]

Richard Bruton

Ceist:

602 Mr. Bruton asked the Minister for the Environment, Heritage and Local Government the percentage of reports, consultancies and cases from external commissions where the issue of poor value for money was highlighted, in his Department from 1998 to date in 2005. [30181/05]

I propose to take Questions Nos. 120, 601 and 602 together.

My Department has regard to the appropriate Department of Finance guidelines on engaging consultants. In addition, following the Quigley report, procurement guidelines and practices in the Department were reviewed in March 2005 and a set of consolidated guidelines has been circulated to all staff. Briefings on these have been provided to personnel in all divisions of my Department. The Department's internal guidelines require all general contracts over €25,000 and all consultancy contracts to be reported to a central unit which undertakes a process audit of the procurement prior to award of contract.

Proposals for use of consultancy services by my Department are set out in divisional work programmes which are reviewed and approved by my Department's management team at the beginning of each year. I and the Ministers of State at my Department meet regularly with the management team and in that context or otherwise would be consulted on significant new consultancy proposals on a continuing basis.

Following on from the Taoiseach's announcement of 11 October, a further review is now under way in my Department of the processes in place for the approval and management of consultancies. This review will be completed shortly and revised processes will be put in place if required.

As regards value for money, the payment process in my Department requires that all deliverables from external commissioners are certified by the appropriate officer as meeting the Department's requirement before payment is approved.

Election Management System.

Jim O'Keeffe

Ceist:

121 Mr. J. O’Keeffe asked the Minister for the Environment, Heritage and Local Government the status of the electronic voting scheme; the cost to date; when electronic voting will next be used here; and if he will make a statement on the matter. [30404/05]

Bernard J. Durkan

Ceist:

154 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government his plans to recoup the expenditure on e-voting to date; his proposals to ensure that no further costs are incurred under this heading; and if he will make a statement on the matter. [30392/05]

Pat Rabbitte

Ceist:

170 Mr. Rabbitte asked the Minister for the Environment, Heritage and Local Government his views on whether the electronic voting is unlikely to be used for the next general election; when the system is likely to be used; the cost of the system when the estimated cost of testing and storing the electronic machines until such time as they are likely to be used is taken into account; and if he will make a statement on the matter. [30386/05]

Fiona O'Malley

Ceist:

592 Ms F. O’Malley asked the Minister for the Environment, Heritage and Local Government the amount that is being spent by the State per month to store the electronic voting machines; and if he will make a statement on the matter. [30077/05]

Ciarán Cuffe

Ceist:

657 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government if he will report on the electronic voting project and the current testing being undertaken on the project along with the associated costs; if the current phase of testing takes into account the need for a voter verifiable audit trail; and if he will make a statement on the matter. [30584/05]

Bernard J. Durkan

Ceist:

676 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government the costs incurred by the State to date in respect of e-voting; the annual projected cost; his plans to identify a more suitable use for the technology in question; and if he will make a statement on the matter. [30630/05]

Bernard J. Durkan

Ceist:

680 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government the cost of public relations and consultancies in respect of e-voting; if further costs are likely to accrue; and if he will make a statement on the matter. [30635/05]

I propose to take Questions Nos. 121, 154, 170, 592, 657, 676 and 680 together.

Following an open procurement process, my Department appointed consultants in July 2005 as part of a programme of further assessment, testing and validation of the electronic voting and counting system. The brief is to undertake a security and risk assessment of all aspects of the system and to devise a programme of additional testing. This work, which will take into account all relevant considerations, is intended to address issues raised by the Commission on Electronic Voting and demonstrate that the system operates reliably, securely and accurately.

The consultancy work, costing €92,300, excluding VAT, is under way and will be completed as soon as possible. The timing of the further use of the system is dependent on the progress made with the above work and the ongoing work of the Commission on Electronic Voting and on the dates on which future polls may be held.

The total cost incurred to date in the development and roll-out of the electronic voting and counting system is €51.065 million, including €3.097 million in respect of awareness and education initiatives and €581,000 for work by consultants on assessment-testing of the system. In addition, information provided by returning officers to my Department indicates that the total annual storage cost for the electronic voting machines and ancillary equipment is some €696,000 which equates to a monthly cost of some €58,000. It is not possible at this stage to quantify total additional costs that may arise in relation to the electronic voting and counting system. In any event, such costs are likely to be small relative to the capital investment already made.

Water Supply Contamination.

John Deasy

Ceist:

122 Mr. Deasy asked the Minister for the Environment, Heritage and Local Government if he will introduce legislation to give new powers to the Environment Protection Agency to prosecute local authorities who supply a chronically contaminated public water supply; and if he will make a statement on the matter. [30438/05]

The Water Services Bill 2003, which is before the Dáil, provides for a comprehensive legislative code to underpin the delivery of water services. Enforcement provisions in the Bill are being reviewed at present and I will be prepared to facilitate on Committee Stage any reasonable provisions to strengthen current arrangements which may be considered necessary.

Planning Issues.

Jim O'Keeffe

Ceist:

123 Mr. J. O’Keeffe asked the Minister for the Environment, Heritage and Local Government if he will review the planning Acts to provide more choice to persons; and if he will make a statement on the matter. [30405/05]

The Planning and Development Act 2000 was the culmination of a comprehensive review of planning legislation and apart from the strategic infrastructure Bill which is now being drafted, I do not have any current plans to review the general statutory provisions relating to the planning process.

Question No. 124 answered with QuestionNo. 108.
Question No. 125 answered with QuestionNo. 115.
Question No. 126 answered with QuestionNo. 106.

Tribunals of Inquiry.

Enda Kenny

Ceist:

127 Mr. Kenny asked the Minister for the Environment, Heritage and Local Government the files which have been requested from his Department by the Mahon tribunal; and if he will make a statement on the matter. [24245/05]

The Tribunal of Inquiry into Certain Planning Matters and Payments is empowered by relevant Oireachtas resolutions to carry out such preliminary investigations in private, as it thinks fit. My Department has co-operated with all requests by the tribunal to make files available. However, it would not be appropriate to disclose details of material provided in this way to the tribunal, on a strictly private and confidential basis, in the course of its investigations.

Social and Affordable Housing.

Seán Crowe

Ceist:

128 Mr. Crowe asked the Minister for the Environment, Heritage and Local Government the actions he has taken since January 2005 to achieve his Department’s objective of enabling every household to have available an affordable dwelling of good quality, suited to its needs, in a good environment and as far as possible at the tenure of its choice. [30317/05]

My Department continually monitors and reviews policies and measures aimed at fulfilling key objectives of national housing policy. This year we have already introduced a number of further initiatives aimed at increasing supply in a sustainable way as well as making substantial progress in addressing concerns raised in the NESC report on housing.

Overall housing output for the first six months of 2005 was running at similar levels to 2004 — the tenth successive year for record house completions with 76,950 units completed. House completions in Ireland are at the highest level in Europe in relation to population — around 19 units per 1,000 population. This is well over five times the rate of our nearest neighbours, the UK.

In July 2005, the Government launched the affordable homes partnership, which is designed to drive the delivery of affordable housing in the greater Dublin area. As part of the broader national delivery of housing, all local authorities will review their land management strategies to maximise the availability of land for their own housing programmes, voluntary and co-operative housing and housing partnerships with the private sector, as well as to secure more active use of brownfield land and derelict sites.

A detailed assessment of housing need was carried out by local authorities earlier this year and the results are due to be published shortly. These will provide my Department and housing authorities with improved and updated data on all households in need of social or affordable housing and will assist in the monitoring and review of housing policy more generally.

Record levels of funding have been provided for the broad range of social and affordable housing. The total Exchequer capital and current funding available for social and affordable housing in 2005 will amount to €1.3 billion, which represents an increase of 20% on 2004. Total capital spending on social and affordable housing output in 2005, inclusive of non-Exchequer financing, will amount to €2 billion.

To ensure a systematic and integrated approach to the use of these resources, local authorities in consultation with my Department have developed new five-year action plans for social and affordable housing covering the period to 2008. The preparation of these plans has improved the identification of priority needs and will help to ensure a more coherent and co-ordinated response across all housing services.

Overall in 2005, it is anticipated that the needs of in excess of 13,000 households will be met through the existing social and affordable housing measures. In addition, it is anticipated that a number of households in private rented accommodation will transfer to the new rental accommodation scheme now being introduced. Under the scheme, local authorities will, over a four-year period, progressively assume responsibility for accommodating supplementary welfare allowance rent supplement recipients of 18 months or more continuous duration with a long-term housing need. It is estimated that of the 58,000 people in receipt of rent supplement, 30,000 may fall into the target group for this new scheme.

Planning Issues.

Fergus O'Dowd

Ceist:

129 Mr. O’Dowd asked the Minister for the Environment, Heritage and Local Government his views on whether the current planning process is hindering the construction of the necessary infrastructure to allow Ireland increase the production of energy from renewable sources; and if he will make a statement on the matter. [30343/05]

I am satisfied that current planning processes facilitate to the development of renewable energy infrastructure. Wind is a primary source of renewable energy in Ireland. To assist local authorities and An Bord Pleanála in planning for wind energy and in processing applications for facilities for wind farms, I intend to publish final revised guidelines to planning authorities on wind energy development shortly, following an extensive consultation on draft revised guidelines published in August 2004. I will also consider the possibility of further planning guidance in this area should this appear appropriate.

National Spatial Strategy.

Paul Connaughton

Ceist:

130 Mr. Connaughton asked the Minister for the Environment, Heritage and Local Government the progress made in implementation of the national spatial strategy; and if he will make a statement on the matter. [30406/05]

The national spatial strategy, NSS, is a 20-year strategic planning framework published in 2002 aimed at achieving more balanced regional development. Substantial progress has by now been made at national level with the strategy, which is having an increasing influence on policies and programmes across a number of Departments and agencies such as the Department of Finance, Department of Transport, Department of Enterprise, Trade and Employment and the development agencies. At regional level, a key policy bridge between national development priorities and local planning has been put in place with the adoption in mid-2004 of regional planning guidelines, RPG's.

At county and city level, strategic land use and planning strategies for the Cork, Waterford and Sligo gateways are in place, while the Limerick and Galway strategies have been prepared and are awaiting adoption. Other strategies for gateways are in preparation and should be in place by the end of this year and over the course of 2006.

Some practical examples of implementation progress to date include the incorporation of a requirement by the Department of Finance in capital envelope agreements with spending Departments that there is demonstration of how investments are being prioritised to implement the NSS; the Government's decision in July 2005 that the regional dimension of next national development plan, on which work is now starting, will be broadly based on the NSS; the recognition of the priorities of the NSS and regional planning guidelines in the ten-year investment plan for transport, to be published shortly; the €90 million investment in the Mallow-Cork-Midleton commuter rail system now being implemented following on the Cork area strategic plan which will open up a new 20,000 home development corridor for Cork over the next 15 years; the new objective of Dublin City development plan to ramp up housing output in the city to cut down on urban sprawl and long distance commuting; and in Sligo, a series of private sector hotel, leisure, retail and commercial developments, totalling around €200 million in value, have all commenced since its designation as a gateway.

Key ongoing and future work in implementing the NSS include ensuring that the strategy continues to shape the macro-investment agenda which will continue to require a concerted effort, co-ordinated across Departments and their agencies, with a particular focus on driving the accelerated development of the gateways with the support of the necessary investment, particularly in the new NDP period supporting the development of the NSS gateways whereby a major study has been undertaken of their potential for accelerated development in housing, commercial and employment terms and the key infrastructure priorities that will be necessary to facilitate such development — similar work is also being undertaken in relation to the hubs identified in the NSS and work on a feasibility study to further develop the concept of an Atlantic gateways corridor, with enhanced linkages and networking between Cork, Galway, Limerick-Shannon and Waterford is also nearing completion; considerable attention is also being given to the cross-Border aspects of the implementation of the NSS in conjunction with the department of regional development in Northern Ireland, with particular emphasis on the linked gateway of Derry-Letterkenny and cross-Border elements of the regional planning guidelines for the Border region; and proposals are also being developed to put in place a monitoring framework to report on progress in implementing the NSS, with a special emphasis on up-to-date regional population and housing projections that take account of the latest CSO national population estimates which suggest a national population of up to 5 million by 2020.

Building Regulations.

Dan Boyle

Ceist:

131 Mr. Boyle asked the Minister for the Environment, Heritage and Local Government his plans to modernise the building regulations to provide for the mandatory use of condensing boilers in new dwellings as is the case in the United Kingdom; and if he will make a statement on the matter. [30412/05]

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

Encouraging the voluntary installation of condensing boilers is one of the issues being actively considered in the current review of part L, conservation of fuel and energy, of the building regulations and the related technical guidance document, TGD, L. This review is necessary as part of the implementation of EU Directive 2002/91/EC of 16 December 2002 on the energy performance of buildings. I plan to publish the amended part L TGD regime early in 2006. I intend that the question of mandating the installation of condensing boilers in new buildings will be considered in the next comprehensive review of part L TGD L due by 2008.

Architectural Heritage.

Denis Naughten

Ceist:

132 Mr. Naughten asked the Minister for the Environment, Heritage and Local Government his views on the recent report from the Centre for Public Inquiry on Trim Castle; if consent under section 14 of the National Monuments Act was sought from and subsequently given by him; and if he will make a statement on the matter. [30430/05]

I refer to the reply to Questions Nos. 525 and 531 of 11 October 2005. No application for consent under section 14 of the National Monuments Act 2004 was received or sought in my Department in relation to the development in question.

Nuclear Plants.

Jack Wall

Ceist:

133 Mr. Wall asked the Minister for the Environment, Heritage and Local Government the volumes of highly active liquid waste being held in Sellafield awaiting vitrification; and if he will make a statement on the matter. [30295/05]

In January 2001, the UK Health and Safety Executive's nuclear installations inspectorate issued British Nuclear Fuels with a specification to formalise a programme to reduce the level of highly active liquid waste stored at Sellafield to a buffer stock limit of 200 m3 by 2015. This specification, which is a legal requirement, required that the maximum permitted holding of this liquid waste would reduce from the then permitted holding level of 1,575 m3 by about 35 m3 per annum until 2012, when it would be decreased rapidly to the buffer stock limit of 200 m3

The information available to my Department is that the British Nuclear Group Sellafield Limited, which is the new name for the company that operates the Sellafield site, continues to comply with the specification. I sought and received confirmation that this remains the case when I met the Secretary of State at the Department of Trade and Industry earlier this week.

The Radiological Protection Institute of Ireland and the Government have long been concerned about the continuing storage of this highly active waste in liquid form in tanks at Sellafield and have been pressing, and will continue to press, the UK authorities to accelerate the rate of vitrification. This liquid waste arises from the reprocessing operations at Sellafield. These operations are strongly opposed by Ireland on the grounds that they are an unacceptable threat to human health, the environment and the economy. The Irish Government will, therefore, continue to pursue every available avenue, both diplomatic and legal, to bring about a safe and orderly end to reprocessing operations at Sellafield towards removing that threat permanently.

Waste Management.

Damien English

Ceist:

134 Mr. English asked the Minister for the Environment, Heritage and Local Government if he will appoint a High Court inspector to investigate issues surrounding illegal dumping in County Wicklow, including the Roadstone land at Blessington, as requested by the elected members of Wicklow County Council; and if he will make a statement on the matter. [30436/05]

Liz McManus

Ceist:

184 Ms McManus asked the Minister for the Environment, Heritage and Local Government if he will appoint a High Court inspector to investigate the issue of illegal dumping in Wicklow; and if he will make a statement on the matter. [30378/05]

I propose to take Questions Nos. 134 and 184 together.

Extensive investigations have already been undertaken by Wicklow County Council and other enforcement agencies in relation to the instances of illegal dumping that have come to light in County Wicklow in recent years. As a result both civil and criminal actions have been pursued, are under way or are pending.

In relation to the Coolnamadra site, Wicklow County Council obtained High Court orders in July 2002 against the company involved and its directors. The waste has now been removed. The council's investigative costs of €200,000 have been met and legal costs awarded to it. In addition, an investigation by the Garda national bureau of criminal investigation, NBCI, has led to a decision to prosecute individuals.

In regard to a site at Whitestown, the council is taking High Court action to have the location remediated and to recover its expenses and costs. Again, following NBCI investigations, criminal prosecutions are under way.

I understand that High Court action will be taken in respect of a site at Castleruddery if those concerned do not voluntarily comply with council requirements. This matter is also the subject of NBCI investigation.

The position in regard to the site in Blessington is well known. Roadstone, as a consequence of a direction by the council, has been required to apply to the EPA for a waste licence. As a final decision is pending on this matter, I am precluded from further comment. However, the company has already met council costs of more than €500,000, and an NBCI investigation has also resulted in two persons being charged.

A site at Killegar has been the subject of a statutory direction by the council. I understand that a failure to comply with this direction will result in legal proceedings by the council. In addition, an investigation has been undertaken by the NBCI. A site at Russborough has also been the subject of a statutory direction by the council and this matter is now being progressed.

As regards Wicklow County Council's recent request for a further investigation of issues pertaining to illegal dumping in Wicklow, the Minister for the Environment, Heritage and Local Government has no legal powers to appoint a High Court inspector as suggested in the council resolution and questions.

In considering whether a further inquiry under local government legislation could be deployed in this matter, I must act responsibly in relation to the integrity of the important enforcement processes already in train and ensure that they are not compromised in any way. It would not be in the public interest to take any action that could result in the failure of criminal proceedings against those responsible for serious environmental crimes. I do not however rule out the possibility of an inquiry in this matter and I am at present seeking legal advice on the issues.

I have already used my powers under the Waste Management Act 1996 to issue a policy direction to ensure proper remediation of all illegally deposited waste and pursuit of offenders using all civil and criminal remedies available.

Homeless Persons.

Mary Upton

Ceist:

135 Dr. Upton asked the Minister for the Environment, Heritage and Local Government the steps he will take to provide long-term accommodation solutions for those who are homeless as opposed to the current emphasis which is on emergency accommodation; and if he will make a statement on the matter. [30383/05]

The Government's general response to homelessness is outlined in the integrated strategy on homelessness 2000 and the homeless preventative strategy 2002. Under the terms of the integrated strategy, homeless fora, representative of the statutory and voluntary homeless sectors, were established at local authority level and homeless action plans, adopted under their aegis and designed to address the accommodation and other care and support needs of homeless persons, are being implemented. These developments have resulted in the provision of a wide range of additional accommodation and services for homeless persons. While the emphasis was initially on the provision of emergency accommodation options, there is general agreement that there is sufficient emergency accommodation available for those who wish to avail of it and the emphasis must now move to more longer-term solutions.

The range of social and private rented long-term accommodation available for homeless people is being increased. In the context of the local authority housing action plans 2004 to 2008 renewed emphasis is being placed on the provision of long-term accommodation together with the supports necessary to enable homeless persons to move into independent living. The outcome of the triennial assessment of housing need will provide authorities with the information on homeless persons to facilitate the planning of their accommodation requirements. This accommodation may be provided by way of local authority housing or voluntary sector, the capital funding for which is available from my Department. My Department continues to advise local authorities of the need to provide a reasonable mix of dwellings suited to the different kinds of households already on waiting lists, including homeless persons, and to plan their future programmes taking account of the estimated size and type of households likely to be seeking housing in the future.

The tenancy sustainment scheme soon to be piloted by the homeless agency with funding from my Department will facilitate previously homeless tenants to maintain their tenancies whether in public or private sector accommodation. In addition, the introduction of the rental accommodation scheme will enhance the availability of housing options for those homeless persons capable of independent living. I am confident that we will see a significant increase in assistance to homeless persons through a combination of these schemes in 2006 and subsequent years.

An independent review of the implementation of the integrated and preventative homeless strategies and their associated action plans is nearing completion and the outcome of the review will help to inform future developments in this area.

Departmental Expenditure.

Ciarán Cuffe

Ceist:

136 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government the costs and fines imposed on Ireland arising from losing actions at the European Court of Justice in each of the past ten years; the costs to date in 2005; the relevant cases and directives; and if he will make a statement on the matter. [30410/05]

In areas for which my Department has responsibility Ireland has not had to deal to date with any costs arising from cases as referred to in the question. Fines have not been ordered by the European Court of Justice in relation to any case taken against Ireland.

In the period 1995 to 2005, there have been nine judgments against Ireland in areas for which my Department has responsibility. The Community legislation involved in these nine cases has been the habitats directive, two; the nitrates directive; directives on waste, drinking water quality, environmental impact assessment, dangerous substances and end-of-life-vehicles; and a regulation on ozone depleting substances.

Climate Change Strategy.

Ciarán Cuffe

Ceist:

137 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government if he will travel to Montreal for the United Nations climate change conference from 28 November 2005 to 9 December 2005; and if he will publish a national climate change strategy review before the conference. [30411/05]

The 11th conference of the parties to the United Nations Framework Convention on Climate Change and the first meeting of the parties to the Kyoto Protocol will take place in Montreal from 28 November to 9 December. I plan to attend the conference and to lead the Irish delegation during the high level segment.

My Department, together with other Departments with sectoral responsibility for implementing the national climate change strategy, is reviewing the strategy with a view to updating it in light of developments since its publication in 2000. As part of that process I intend shortly to publish a review document which will take stock of developments since 2000 and propose additional measures for Ireland cost effectively to meet its target for the purpose of the Kyoto Protocol. This document will be designed to inform the revision process and stimulate debate on further potential solutions for reducing national greenhouse gas emissions.

Greenhouse Gas Emissions.

Olwyn Enright

Ceist:

138 Ms Enright asked the Minister for the Environment, Heritage and Local Government the action he will take to tackle greenhouse gas emissions following the statement of Dr. Mary Kelly, director general, Environmental Protection Agency, that Ireland has one of the highest per capita rates of greenhouse gas emissions in the EU and is one of the furthest from meeting its Kyoto targets. [30424/05]

Kathleen Lynch

Ceist:

157 Ms Lynch asked the Minister for the Environment, Heritage and Local Government when the current national climate change strategy review will be complete; when the results and conclusion of the review will be published; and if he will make a statement on the matter. [30372/05]

Liz McManus

Ceist:

171 Ms McManus asked the Minister for the Environment, Heritage and Local Government the reason the measures outlined in the national climate change strategy were ignored and delayed to such an extent that the State is likely to be faced with a bill of up to €603 million over five years for missing the Kyoto targets; the steps he will take towards meeting the State’s targets under the Kyoto Protocol at this stage; the estimated fines that the State will owe with these steps in place; if Kyoto commitments will be achieved; and if he will make a statement on the matter. [30374/05]

Brian O'Shea

Ceist:

197 Mr. O’Shea asked the Minister for the Environment, Heritage and Local Government the steps he will take in relation to tackling climate change in the medium to longer term following the acknowledgement by the EU Environment Council Meeting on the 17 October 2005 that more has to be done to meet the EU ambitions on tackling climate change in this timeframe; and if he will make a statement on the matter. [30375/05]

Bernard J. Durkan

Ceist:

622 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government the extent to which Ireland will be in a position to meet Kyoto targets; and if he will make a statement on the matter. [28054/05]

Ciarán Cuffe

Ceist:

655 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government if he will give details of plans or the timeframe for the review of the national climate change abatement strategy. [30582/05]

Bernard J. Durkan

Ceist:

682 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government if his Department is capable of achieving the targets set at Kyoto; and if he will make a statement on the matter. [30637/05]

I propose to take Questions Nos. 138, 157, 171, 197, 622, 655 and 682 together.

I refer to the reply to Question No. 409 of 12 October 2005. The Government's national climate change strategy, published in November 2000, provides a comprehensive framework for reducing greenhouse gas emissions in the most efficient and equitable manner and for ensuring that Ireland meets its commitments under the Kyoto Protocol to the United Nations Framework Convention on Climate Change. The strategy has provided the basis for Government policy and action in relation to climate change since 2000.

Latest available greenhouse gas emissions figures from Ireland's national inventory report, compiled by the Environmental Protection Agency, show overall emissions in 2003 to be 66.57 million tonnes carbon dioxide equivalent. This figure is equivalent to approximately 25% above 1990 levels, significantly down on the corresponding 31% in 2001 and 29% in 2002. These figures show that progress is being made towards the 13% target. Through a combination of actions, including emission reductions, participation by Irish industry in the EU emissions trading scheme and the purchase of carbon emission credits through the mechanisms provided for in the Kyoto Protocol, I am satisfied that Ireland is on a pathway to deliver on its emission limitation commitment for the purpose of the protocol.

In February 2004, on the basis of greenhouse gas emission projections available at that time, the Government announced an intent to purchase up to 3.7 million carbon credits per year in the first Kyoto commitment period 2008 to 2012. The projections are being updated and the actual purchasing requirement will be finalised over the coming months in the context of national policy to underpin participation by Irish installations in the EU emissions trading scheme in the Kyoto period 2008 to 2012.

On basis of an average price of €15 per carbon allowance during the period 2008 to 2012, the total annual cost to the Exchequer of purchasing 3.7 million carbon credits would be €55.5 million. The ultimate cost of purchasing carbon credits by the State will depend on the final purchasing requirement, which will not be finally estimated until early next year, and price of carbon when the credits are actually purchased.

The purchase of carbon credits is a valid option under the Kyoto Protocol to achieve emission reductions on a least-cost basis and should not be confused with failure by any party to meet its target or with any form of financial penalty. Ireland has no reason to contemplate fines or penalties under the Kyoto Protocol, and the focus of Government policy and action is to achieve our emission limitation target.

My Department, together with other Departments with sectoral responsibility for implementing the national climate change strategy, is reviewing the strategy with a view to updating it in light of developments since its publication in 2000. As part of that process, I intend shortly to publish a review document, which will take stock of developments since the publication of the strategy in 2000 and propose additional measures for Ireland cost effectively to meet its target for the purpose of the Kyoto Protocol. This document will inform the revision process and stimulate debate on further potential policies to reduce national greenhouse gas emissions and to prepare Ireland for more ambitious targets in the post-2012 period. The review will be completed and a new strategy published next year.

Waste Management.

Eamon Gilmore

Ceist:

139 Mr. Gilmore asked the Minister for the Environment, Heritage and Local Government the amount paid into farm plastics recycling scheme by farmers in 2004; the cost of recycling the farm plastics collected under the scheme in 2004; the percentage of waste silage plastic collected in 2004; and if he will make a statement on the matter. [30361/05]

Breeda Moynihan-Cronin

Ceist:

202 Ms B. Moynihan-Cronin asked the Minister for the Environment, Heritage and Local Government the measures he will take to prevent further smuggling of farm plastic from Northern Ireland into the State following the Irish Farm Film Producers Group identifying this as a factor in the deterioration of the farm plastics recycling scheme; if the problem has been investigated; if he will prosecute persons in relation to this issue; and if he will make a statement on the matter. [30376/05]

Thomas P. Broughan

Ceist:

204 Mr. Broughan asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the fact that the Irish Farm Film Producers Group is having funding problems; the steps he will take to ensure that waste farm plastic is not being left to build-up on farms; if funding will be made available to facilitate the collection of this plastic; if he will review the waste farm plastic system; and if he will make a statement on the matter. [30362/05]

Pat Breen

Ceist:

598 Mr. P. Breen asked the Minister for the Environment, Heritage and Local Government if he will allocate a special fund in consultation with the Irish Farm Film Producers Group to deal with the backlog of farm plastic not covered by the current levy system; and if he will make a statement on the matter. [30143/05]

Pat Breen

Ceist:

599 Mr. P. Breen asked the Minister for the Environment, Heritage and Local Government the remedial measures he will take to deal with the ecological problem and nuisance issue posed by the non-collection of farm plastic not covered by the current levy system in association with the Irish Farm Film Producers Group; and if he will make a statement on the matter. [30144/05]

I propose to take Questions Nos. 139, 202, 204, 598 and 599 together.

Under the Waste Management (Farm Plastics) Regulations 2001, producers, that is, manufacturers and importers, of farm plastics, silage bale wrap and sheeting, are required to take steps to recover farm plastics waste which they have placed on the market or alternatively to contribute to and participate in compliance schemes to recover the waste in question. The Irish Farm Film Producers Group, IFFPG, is currently the sole approved body in Ireland for the purposes of implementing a compliance scheme for the recovery of farm plastics waste.

Under the IFFPG scheme, producers apply a levy on the sale of farm plastics that in turn is transferred to the IFFPG for use in funding the collection and recovery of farm plastics waste. The IFFPG is a not-for-profit organisation and it is a matter for the company, under the terms of this producer responsibility initiative and in accordance with the polluter pays principle, to set a rate of levy which will cover its operational costs.

The scheme has operated successfully to date. It is estimated that around 8,500 tonnes — 55% — of farm plastics placed on the market in 2004 were collected for recycling. An estimated 55,000 farmers availed of the collection service in 2004. The IFFPG estimates that more than 12,500 tonnes of farm plastics have been collected in 2005.

While responsibility for the collection and recovery of farm plastics rests with the compliance scheme, my Department monitors the scheme on an ongoing basis. I am aware of the specific issues raised and I am anxious to preserve and continue the success of the farm plastic scheme. Discussions are taking place involving my Department and IFFPG to explore options for improvement to the scheme and resolution of outstanding issues.

Question No. 140 answered with QuestionNo. 115.
Question No. 141 answered with QuestionNo. 102.

Register of Electors.

Dan Neville

Ceist:

142 Mr. Neville asked the Minister for the Environment, Heritage and Local Government if he will review the way the register of electors is complied; if he will ask An Post or other agencies, public or private, to become involved with local authorities in its preparation; and if he will make a statement on the matter. [30428/05]

Bernard J. Durkan

Ceist:

621 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government the position regarding the possible updating of the voters register through An Post; and if he will make a statement on the matter. [28075/05]

I propose to take Questions Nos. 142 and 621 together.

The compilation and publication of the register of electors is a matter for each local registration authority in accordance with electoral law and includes the carrying out of house to house inquiries, the delivery of registration forms and running local awareness campaigns. It is the duty of registration authorities to ensure as far as possible the accuracy and comprehensiveness of the register. In carrying out this work, registration authorities depend to a significant degree on the co-operation and engagement of the public.

The focus of my Department's work in relation to the register is to support and assist registration authorities through, inter alia, ensuring that an appropriate legislative framework is in place, developing best practice guidelines for registration authorities and overseeing related national awareness campaigns. While I will continue to keep these issues under review, including the scope for further initiatives in the area, there are no proposals along the lines referred to in the questions.

Nuclear Safety.

Seán Ryan

Ceist:

143 Mr. S. Ryan asked the Minister for the Environment, Heritage and Local Government if he has raised with his United Kingdom counterpart the concerns expressed by the All Ireland Nuclear Free Local Authorities Forum that rising sea levels will speed up the destruction of the Drigg radioactive waste disposal site thus causing problems for future generations; and if he will make a statement on the matter. [30300/05]

The Drigg facility, which is located quite near the Sellafield plant, is a low level waste disposal facility and is run by British Nuclear Fuels Limited, BNFL. The overall responsibility for the Drigg site, as well as a number of other sites including Sellafield, has been assumed by the UK Nuclear Decommissioning Authority as of last April.

The Environment Agency regulates all disposal activities in the UK in accordance with Government policy. Disposal activities are subject to authorisation by the agency, and these authorisations are periodically reviewed. The agency has recently reviewed BNFL's post closure safety case and 2002 operational environmental safety case for Drigg. The agency's report on these safety cases is critical of a number of aspects.

BNFL has failed to demonstrate to the satisfaction of the Environment Agency that radiation exposure to future generations from the site would not, potentially, increase. BNFL estimates that the facility could be destroyed by erosion from the sea within 500 years but this could happen sooner because of global warming and the consequent rise in sea level.

On this basis, the Environment Agency has recommended that BNFL undertake further work to improve the safety cases by considering a wider range of management options. These include constructing a thicker, more robust cap over the site; limiting future disposals to material with a half life of less than five years; removal of existing long-lived wastes from the trenches; extending the active management beyond 150 years; and combinations of the above.

The Nuclear Decommissioning Agency has a draft strategy open for consultation which includes the Drigg site. This draft strategy is under consideration by my Department and the Radiological Protection Institute of Ireland and a number of meetings with representatives of the authority are scheduled. Following detailed consideration of the draft strategy a submission will be made to the consultation and issues related to the Drigg site will be included in this submission.

Emmet Stagg

Ceist:

144 Mr. Stagg asked the Minister for the Environment, Heritage and Local Government his views on whether the RPII’s attention has not been drawn to the re-evaluation by the UK authorities of the threat of a terrorist attack on the BNFL site at Sellafield on the grounds of security; and if he will make a statement on the matter. [30296/05]

A review of security in relation to sensitive nuclear sites, including Sellafield, was undertaken by the United Kingdom authorities in the aftermath of the 11 September attacks. This review was welcomed by the Irish Government and considered necessary given the threat posed by a malicious attack at Sellafield. As a result of this review, current UK policy is based on restricting access to security sensitive information to those who have an operational need for such information.

The Radiological Protection Institute of Ireland visited the Sellafield facility in September 2004. The institute's ensuing report of this visit contends that the lack of an established framework for assessing the adequacy of threat assessments and security arrangements remains a significant concern. In this regard, the additional access provided by the UK authorities to the Garda Síochána has been useful. A visit took place in June 2003, and while the report is confidential, the overall view formed was reassuring. Further visits and contacts at senior police level are continuing. Additionally, assurances to the effect that the terrorist threat to Sellafield nuclear plant is continually reviewed and assessed have been received from the UK authorities.

Notwithstanding these advances, the safety of Sellafield and the protective measures in place to secure this are a particular ongoing concern in Ireland and are the subject of regular discussions at both ministerial and official level between the UK and Ireland. Further assurances were sought and received by me most recently in my meeting with the UK Secretary of State, Alan Johnson MP, on Wednesday last. They have also been addressed in the context of Ireland's case concerning the Sellafield MOX plant under the United Nations Convention on the Law of the Sea, UNCLOS.

Security at UK nuclear installations is regulated by the Office of Civil Nuclear Security, OCNS, which reports to the Minister for State for Energy at the UK Department of Trade and Industry. In his most recent report, the director of the OCNS advised the Minister that he was satisfied with the standards, procedures and commitment among those involved with civil nuclear security in the UK and that the measures in place are proportionate to the threat.

Seán Ryan

Ceist:

145 Mr. S. Ryan asked the Minister for the Environment, Heritage and Local Government the position regarding the international legal action taken by the Government with a view to securing the closure of the Sellafield nuclear reprocessing plant; and if he will make a statement on the matter. [30299/05]

The Government initiated international legal proceedings against the UK under the United Nations Convention on the Law of the Sea, UNCLOS, in relation to the Sellafield MOX plant. The current position in relation to the litigation by Ireland under UNCLOS is that the arbitration remains suspended pending resolution of jurisdictional issues in the dispute, which were raised by the European Commission. These issues are now the subject of legal proceedings between Ireland and the Commission before the European Court of Justice and a court hearing of the case is scheduled for 8 November next.

The tribunal in the UNCLOS case issued an order on 24 June 2003 after hearing an application by Ireland for provisional measures. The provisional measures award and orders recommended that Ireland and the UK enter into dialogue to improve co-operation and consultation between the two Governments and report to the tribunal on specified dates. The most recent report to the tribunal was submitted on schedule by both parties on 31 May 2005 and the next report is due to be submitted by 30 November. In line with the obligation on both parties to improve co-operation and co-ordination arrangements, complex discussions, confidential to the tribunal and the parties pending outcomes, are continuing.

It was my stated intention to report on progress arising from this process at the appropriate instance and the signing of an agreement on notification and exchange of information. Arrangements between Ireland and the UK on 10 December 2004 afforded the two parties an opportunity to do so. The agreed package of measures announced is designed to address a wide range of issues related to nuclear safety and includes, inter alia, the facilitating of visits to Sellafield by the Radiological Protection Institute of Ireland and the Garda Síochána, provision of access for the institute to the UK’s radiation monitoring system and a series of initiatives to develop and improve existing co-operation arrangements between both Governments.

In accordance with the commitment in the programme for Government to use every legal and diplomatic opportunity to secure the orderly closure of Sellafield, both I and my Department utilise all bilateral and multilateral opportunities to articulate Ireland's concerns in relation to Sellafield. Considerable opportunities arise at international fora such as the International Atomic Energy Agency, IAEA, the European Union and OSPAR Commission to advance our views on issues such as marine transport of nuclear waste, nuclear safety, and radioactive discharges to the marine environment. All these issues have direct relevance to Ireland's concerns regarding Sellafield and I intend to continue Ireland's proactive engagement at these and other fora with a view to maximising support for our policies among like-minded states.

Fire Service.

Joan Burton

Ceist:

146 Ms Burton asked the Minister for the Environment, Heritage and Local Government the role he envisages the Irish fire service playing in the proposed European international crisis management force as announced by Commissioner Benita Ferrero-Waldner earlier in 2005; and if he will make a statement on the matter. [30364/05]

As yet, there is no formal proposal for the establishment of a European international crisis management force. However I am aware of newspaper reports in January 2005 that Commissioner Ferrero-Waldner had suggested the possibility of establishing a crisis management corps to deal with disasters such as the Asian tsunami. I also understand that there are proposals for the establishment of civilian response teams, CRTs, under the existing crisis management system at EU level, these are being dealt by my colleague, the Minister for Foreign Affairs in so far as Ireland is concerned.

With regard to civil protection, Ireland participates in the EU civil protection mechanism which provides for interventions inside and outside the European Union following a request for assistance — personnel, equipment and-or supplies — from a country where the domestic emergency services are unable to cope with a particular event. However, participation when a request for assistance is received is voluntary. It is a matter for the national authorities in the first instance and the organisation-body or individual involved to offer assistance at that time. The European Commission is considering means of strengthening the civil protection mechanism with a view to reinforcing the capacity of the EU to respond to incidents such as major natural disasters.

Tax Code.

Caoimhghín Ó Caoláin

Ceist:

147 Caoimhghín Ó Caoláin asked the Minister for the Environment, Heritage and Local Government if, in discussions with the Department of Finance regarding the impact on the housing market of tax incentives such as section 23 and section 50 tax relief, he has adopted a position regarding the possible abolition of these reliefs. [30315/05]

My Department is participating actively in the review of various tax relief schemes led by the Department of Finance. As the review involves an ongoing deliberative process which will support decisions to be taken by my colleague, the Minister for Finance, it would not be appropriate for me to comment further on this work.

Architectural Heritage.

Bernard Allen

Ceist:

148 Mr. Allen asked the Minister for the Environment, Heritage and Local Government the status of the proposed Irish heritage trust; and if he will make a statement on the matter. [30396/05]

The Government has recently approved the establishment of an independent Irish heritage trust as an important extension to the existing State measures in support of the nation's built heritage. The trust will have a mandate to acquire important heritage buildings on a case-by-case basis where there is imminent risk to their heritage value and to provide for public access.

The Irish heritage trust is being established on the basis of recommendations in Indecon international consultants' report on the issue of trust-type organisations to manage heritage properties, a copy of which is in the Oireachtas Library. The trust will operate on the basis of charities legislation and the Minister for Finance is considering, in the context of the budget for 2006, the necessary tax incentives, both in relation to donations of heritage properties to the trust and donations to endowment funds set up to maintain properties.

Indecon recommended that properties should be accompanied by an endowment fund sufficient to maintain the property in perpetuity. While the trust must raise a large part of these endowment funds through tax-incentivised private and corporate donations, the Government recognises that the trust will require greater support in its early days and it is accordingly intended to contribute 75%, at a cost of up to €5.5 million, for the first property, diminishing as more properties are acquired by the trust and as the trust raises its own funds from the private sector.

The Minister for the Environment, Heritage and Local Government will have to certify that the all properties acquired are of appropriate heritage value. The Minister will also have to be satisfied, on the basis of independent financial advice, that the endowment and other supports for each property are sufficient to conserve, maintain and present them for public access.

The Government has approved the provision of funding in 2006 of €500,000 from my Department's Vote to meet the establishment and initial running costs of the trust. However, the trust will also have a strong remit to maximise non-Exchequer resources in support of its activities, and to encourage membership and volunteers. My Department is working on detailed proposals for the structure, governance, chairman and members of the trust.

Question No. 149 answered with QuestionNo. 115.

Local Authority Grants.

Dinny McGinley

Ceist:

150 Mr. McGinley asked the Minister for the Environment, Heritage and Local Government if he will review the operation of the disabled persons grant in view of the significant increase in construction costs; and if he will make a statement on the matter. [30345/05]

A review of the disabled persons grant scheme is being finalised in my Department. On its completion, it will be possible to determine the changes, if any, required to the regulations governing the scheme to ensure that the funding available is directed at those persons in greatest need of such assistance.

Disabled Drivers.

Jerry Cowley

Ceist:

151 Dr. Cowley asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the fact that wheelchair bound disabled drivers are unable to reach the pay machines in local authority car parks thus meaning they have to wait for assistance from the public; and if he will make a statement on the matter. [30443/05]

Jerry Cowley

Ceist:

643 Dr. Cowley asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the fact that wheelchair bound disabled drivers are unable to reach the pay machines in local authority car parks thus meaning they have to wait for assistance from the public; and if he will make a statement on the matter. [30554/05]

I propose to take Questions Nos. 151 and 643 together.

Under section 101 of the Road Traffic Act 1961 local authorities may provide such car parks as they consider desirable in order to prevent or relieve traffic congestion. The provision of facilities in such car parks is entirely a matter for individual local authorities. The Minister for Transport is responsible for the Road Traffic Acts 1961 to 2004.

Question No. 152 answered with QuestionNo. 106.

Social and Affordable Housing.

Kathleen Lynch

Ceist:

153 Ms Lynch asked the Minister for the Environment, Heritage and Local Government the steps he will take to remedy the situation whereby the capital funding limits for housing associations are based on out-of-date building prices, making it difficult for the housing associations to prepare costing; if he will adjust or increase the limits in the near future; and if he will make a statement on the matter. [30373/05]

Thomas P. Broughan

Ceist:

165 Mr. Broughan asked the Minister for the Environment, Heritage and Local Government if he will increase capital funding limits for housing associations from their current limits, which were set in 2002, to more realistic limits as housing associations are unable to prepare costings or obtain builders at 2002 building prices; and if he will make a statement on the matter. [30363/05]

I propose to take Questions Nos. 153 and 165 together.

The voluntary and co-operative housing sector has an important contribution to make in the provision of social housing. The Government is fully committed to developing and expanding the sector and to supplying the necessary resources and support to enable it to become an important and significant force and provider in the housing area. There has been a steady increase in output by the sector from a level of 579 units of accommodation in 1999 to reach a record output of more than 1,600 units in 2004. The level of assistance available to approved housing bodies under the capital assistance and capital loan and subsidy schemes remains under consideration.

Question No. 154 answered with QuestionNo. 121.

Waste Management.

Joan Burton

Ceist:

155 Ms Burton asked the Minister for the Environment, Heritage and Local Government if he will reassess his plans in relation to waste incineration in view of the Government commissioned report from the HRB which clearly identifies links between incineration and chronic health problems; his views on the advice given to the Government from the HRB, which was endorsed by the EPA director general, that health information systems here cannot support routine monitoring of the health of persons living near incineration and landfill sites; and if he will make a statement on the matter. [30365/05]

Ireland's waste management policy is grounded on the internationally accepted waste management hierarchy of prevention, re-use, recycling, and energy recovery, with environmentally secure disposal of any residual waste. This hierarchy has informed the waste policy of countries such as the Netherlands and Germany which are widely considered to be among the most environmentally advanced in Europe and which practice an integrated waste management approach. This approach combines high levels of recycling with the extensive use of modern, highly regulated thermal treatment facilities. The HRB report acknowledges that an integrated systems approach is required for effective waste management in Ireland.

The HRB report focused on old waste facilities which would have higher emissions than would be acceptable today whereas new facilities would have to comply with much more stringent environmental and operational standards. Any evidence of health effects was either inconclusive or heavily qualified. In addition, the UK Department for Environment, Food and Rural Affairs recently published a report on the review of environmental and health effects of waste management. This study looked at cancer, respiratory diseases and birth defects and found no evidence for a link between the incidence of the diseases and the current generation of incinerators.

The HRB report refers to the desirability of having health information systems support routine and long-term monitoring of the health of people living near waste facilities so that any public health impact from such facilities or other types of environmentally significant development can be identified and evaluated over time.

All thermal treatment facilities are subject to the most stringent controls under the relevant EU directive on incineration. These have been given legal effect in Ireland through the rigorous licensing system operated by the EPA, which will include ongoing licence enforcement and facility monitoring. The EPA has written to me to reconfirm that it takes into account environmental and human health issues when processing licence applications and that it is satisfied that facilities operating to licence conditions will not endanger human health nor harm the environment.

Recycling Policy.

Mary Upton

Ceist:

156 Dr. Upton asked the Minister for the Environment, Heritage and Local Government if he will amend the regulations introduced under the WEEE directive in view of the fact that the operation of the current regulations has placed the greater proportion of the recycling cost of electric and electronic equipment on to the consumer and not on the producer; and if he will make a statement on the matter. [30382/05]

The EU directive on waste electrical and electronic equipment, WEEE, required each member state to introduce regulations providing for a producer funded take-back scheme for consumers of end-of-life equipment from 13 August 2005. While the funding of such take-back schemes is a producer responsibility, the directive allows producers, for a transitional period of eight years — ten years for large household appliances — to show purchasers, at the time of sale of new products, the costs of recovery and recycling of historic waste which was put on the market before 13 August 2005. These costs are referred to as environmental management costs, EMCs, and were the subject of detailed discussions between stakeholders, which my Department helped to facilitate.

While there were varying opinions on how the provisions in relation to the historic waste should operate, the majority view among the industry and the independent retail sector, for reasons of fuller transparency and greater accountability, favoured a system of visible EMCs in the manner which has been provided for under the regulations. The design of the new system assures the public that the moneys collected for recycling are assigned for recycling activity and are not diverted elsewhere. It also ensures traceability and financial accountability and, by informing the public in an open way, ensures that profiteering is prevented.

Visible EMCs are designed solely to cover the cost of recycling of WEEE. None of the revenue involved is handled by the Government. The WEEE Register Society Limited, the industry-based national WEEE registration body, will monitor the implementation of the scheme and adjust the visible environmental management costs periodically to ensure that the not-for-profit principle is observed. Producers pay the appropriate EMCs into the producer recycling funds operated by the two approved collective compliance schemes operating in Ireland — WEEE Ireland and the European recycling platform. Visible EMCs are input costs and how they are dealt with in the pricing of products is part of the normal negotiations between producer and retailer.

While the WEEE register will carry out a comprehensive review of all EMC levels after six months to ensure that they are not higher than is necessary to fund the scheme, it has agreed to my request that it look immediately at levels which apply to low cost goods and I expect more realistic levels for them will be set by the end of this month.

Many and important benefits are already flowing from the new WEEE regime. The scheme represents good value for money. The public can either dispose of this waste on one-for-one basis or bring it to their local civic amenity site, free of charge. It provides a cradle-to-grave system for the management of WEEE. The core components of the scheme are working well. Between retail outlets and local authority civic amenity sites WEEE is being collected from more than 100 collection points throughout the country. While further amendment of the WEEE regulations is not envisaged at this stage, my Department is keeping the operation of the new system under continuing review.

Question No. 157 answered with QuestionNo. 138.

John Gormley

Ceist:

158 Mr. Gormley asked the Minister for the Environment, Heritage and Local Government if, in view of Ireland’s poor recycling record, competition between packaging recycling scheme approved bodies will be beneficial. [30414/05]

Ireland has a strong track record in meeting targets for the recovery of packaging waste. Under Directive 94/62/EC on packaging and packaging waste, Ireland was required to achieve a 25% recovery rate of packaging waste by 1 July 2001, increasing to a 50% recovery rate by 31 December 2005, with a minimum of 25% to be achieved by recycling, including a minimum 15% recycling rate for each type of packaging material. The 2001 target was achieved and current indications are that the 2005 target will also be met.

Under current regulations, major producers of packaging waste, that is, manufacturers, importers, distributors, wholesalers and retailers, representing all participants in the packaging chain, who place more than 25 tonnes of packaging on the market each year and who have an annual turnover exceeding €1 million excluding VAT, are required to take steps individually to recover their packaging waste — that is, self-compliance — or alternatively to contribute to and participate in compliance schemes set up to recover packaging waste.

Given that Ireland is achieving the required recovery and recycling targets for packaging waste and that major producers may avail of more than one option to comply with their obligations under the regulations, I am of the view that the existing regulatory arrangements make sufficient provision for competition in this area.

Homeless Persons.

Joe Costello

Ceist:

159 Mr. Costello asked the Minister for the Environment, Heritage and Local Government the steps he will take to tackle homelessness; the further steps he will take to aid those who find themselves sleeping rough on the streets here (details supplied); and if he will make a statement on the matter. [30366/05]

Since the introduction of the Government's homeless strategies, there have been significant developments in the provision of a wide range of additional accommodation and services for homeless persons. Since the introduction of the integrated strategy in 2000, 1,000 extra emergency beds have been provided in the Dublin area alone. Rough sleepers have been enabled to access emergency accommodation and homeless persons have been facilitated to move out of emergency accommodation into accommodation more suitable to their needs. Increased levels of day care facilities, together with specific provisions to meet the needs of people with alcohol or drug addiction problems or who are sleeping rough, as well as homeless ex-offenders, have been put in place.

Rough sleeping is the extreme manifestation of homelessness and statutory and voluntary agencies work in close co-operation to minimise it. In Dublin, where the largest incidence of rough sleeping occurs, Dublin City Council operates a night bus service where clients are given access to accommodation and appropriate outreach services. This service, originally operated as a cold weather response, now operates on a year-round basis. An on-line system to facilitate the prompt identification of vacant emergency accommodation on a nightly basis has recently been introduced by the Homeless Agency, with funding from my Department, this will ensure optimum use of the accommodation to meet the needs of rough sleepers. Rough sleeping initiatives also operate in the other main urban areas with specific measures put in place during colder weather if considered necessary.

The Government is committed to continuing to support local statutory and voluntary bodies in tackling the issue of homelessness. My Department's expenditure for the recoupment to local authorities of 90% of the cost of providing accommodation and related services for homeless persons in 2004 was €45.73 million. The allocation for 2005 is €51 million. This brings to €240 million the total funding available for this purpose since 2000. The Department of Health and Children has provided an additional €30.2 million in the same period to meet the care needs of homeless persons.

A review of the implementation of the homeless strategies and their associated local homeless action plans is being finalised and the outcome of the review will inform future policy developments in this area.

Question No. 160 answered with QuestionNo. 106.

Public-Private Partnerships.

Dan Boyle

Ceist:

161 Mr. Boyle asked the Minister for the Environment, Heritage and Local Government if all the public-private partnership projects approved in 2004 for the environment sector are fully operational; the title and location of these projects; and if he will make a statement on the matter. [26549/05]

In accordance with Department of Finance public-private partnership, PPP, guidelines, there are two approval points for PPP projects — approval to proceed to procurement and appoint clients advisers following completion of a PPP assessment and approval to go to construction following the procurement process and tender evaluation.

There is of necessity a lead-in period from these approval points until a PPP project becomes operational with the intervening stages being the procurement process, tender evaluation, contract negotiation and close, construction and commissioning. These stages also apply to traditional contracts.

It is for this reason that none of the PPP projects approved in 2004 are operational to date. The PPP projects approved in 2004 which are advancing through the above stages are: west Cavan rural water; Baltimore sewerage; Baile Mhic Íre-Baile Bhuirne sewerage; Balbriggan-Skerries wastewater; Headford sewerage; Laois grouped villages; Leitrim towns and villages; Carrick-on-Shannon sewerage; Clareville water treatment; Castlebar environs sewerage; Rhode sewerage; Burncourt regional water; Fethard regional water; Sligo NW and Sligo SW rural water; Mayo group water bundle 2; Glinsk-Creggs group water; Galway group water bundle 2; Leitrim group water; Waterford group sewerage; and Rathdrum-Blessington sewerage.

Waste Management.

Brian O'Shea

Ceist:

162 Mr. O’Shea asked the Minister for the Environment, Heritage and Local Government the steps he will take to strengthen the enforcement efforts against illegal movement of waste here in view of the EU Commission’s concern regarding the issue and in view of the judgment delivered by the European Court of Justice in April 2005 in relation to Ireland’s breaches of requirements of the waste framework directive; and if he will make a statement on the matter. [30379/05]

A formal response by Ireland to the judgment of the European Court of Justice issued to the European Commission on 21 October 2005 detailing the measures now being taken in terms of the structures, legislation and policy approach to ensure the implementation of the provisions of Council Directive 75/442/EEC of 15 July 1975 on waste, as amended by Council Directive 91/156/EEC of 18 March 1991, and thereby fulfil the obligations imposed by the directive.

The response includes information on the establishment of the Office of Environmental Enforcement and its national enforcement network, which has greatly raised awareness and brought about better practice and a more co-ordinated consistent approach to environmental enforcement. Special training has been rolled out, procedures for site visits are being developed, a new national complaints procedure was launched on 22 September 2005 and a national waste complaints information line is being developed. This has been backed up with State funding of over €7.5 million, which has led to over 110 additional enforcement officers being appointed across the local authorities permitting a greatly enhanced response on the ground with targeted exercises, road blocks, waste audits and port inspections.

These initiatives will add to the capacity to respond to situations more effectively. In general I am satisfied that these institutional and operational developments better equip the national and local enforcement authorities to meet the challenge posed by environmental crime, especially in the area of waste.

Water Quality.

Seymour Crawford

Ceist:

163 Mr. Crawford asked the Minister for the Environment, Heritage and Local Government the level of water estimated to be lost through leaks in water mains; the cost of these leaks; the action he proposes to take; and if he will make a statement on the matter. [30358/05]

While local authorities are responsible for the operation and maintenance of their public water supply systems, my Department has undertaken a number of initiatives over the years to assist authorities to optimise the management, quality and efficiency of such systems.

In 1996, following publication of the greater Dublin water supply strategic study, a new of capital funding line was introduced to help reduce unaccounted for water levels in local authority distribution networks, to improve the quality of supply to consumers, to lower operating costs and to maximise the value of investment in capital works. A series of pilot schemes to identify potential improvements, as well as some physical work on network rehabilitation, was undertaken as a first measure. Project locations included Dublin, Cork, Galway, Waterford, Limerick, Athlone and Clonmel. All of these schemes have now been completed with the aid of capital funding of €63 million from my Department. The results show that unaccounted for water rates have reduced considerably. For example, in Dublin they have fallen from 42.5% to 28.7%, in Donegal from 59% to 39%, in Meath from 47% to 34% and in Kilkenny from 45% to 29%.

The results of my Department's later national water study, which involved an audit of all public water supplies outside the greater Dublin area serving more than 5,000 consumers, were published in March 2000. The national water study examined 91 water supply schemes operated by 38 local authorities and reported on all aspects of water supply, including availability of raw water, treatment capacity, water distribution systems and associated management issues. The study found, inter alia, that unaccounted for water levels varied significantly between regions but were generally in the range of between 40% to 50%.

In May 2003 my Department allocated a further €276 million to local authorities to identify and substantially reduce unaccounted for water in public supply networks. The bulk of the allocation, €194 million, was provided for network rehabilitation or replacement works by authorities that had carried out water management system studies under the earlier pilot phase. The balance of €82 million will enable the remaining authorities to proceed with water management system studies as a necessary precursor to structural rehabilitation works. Details of allocations to individual authorities are set out in my Department's water services investment programme 2004-06 which is available in the Oireachtas Library.

Detailed information on the cost of unaccounted for water in the public water supply system generally is not available in my Department. There are variations in the production costs of water between local authorities and, in addition, not all unaccounted for water is lost through leakage. A significant proportion relates to unauthorised or unrecorded connections. The universal metering of all non-domestic consumers which is scheduled for completion by end 2006, coupled with the local authorities' ongoing water management system studies, will significantly improve the range of data available in this area and further help to reduce the levels of unaccounted for water.

Local Authority Funding.

Jan O'Sullivan

Ceist:

164 Ms O’Sullivan asked the Minister for the Environment, Heritage and Local Government his views on the undercharging by Waterford County Council of Part V development contributions; if he has investigated the reason for the undercharging; and if he will make a statement on the matter. [30381/05]

A recent report from the local government auditor noted two errors of undercharging by Waterford County Council in the calculation of financial contributions where payment was made in lieu of housing units as an agreement under Part V of the Planning and Development Acts 2000 to 2004. These errors, which the report also notes are not recoverable, had been identified earlier within the council's internal checking system and immediate and corrective action was taken to ensure that there could be no repetition.

The auditor in his report has acknowledged the strengthening of the council's procedures for dealing with Part V agreements and has deemed that no further action is necessary. Having had the matter investigated I am satisfied with the outcome of the audit and that proper procedures have been put in place by the council.

Question No. 165 answered with QuestionNo. 153.

Greenhouse Gas Emissions.

Eamon Ryan

Ceist:

166 Mr. Eamon Ryan asked the Minister for the Environment, Heritage and Local Government his views on the cost to industry of companies having to pay for their excess carbon; and the measures he has taken to reduce the intensity of carbon emission going forward. [25494/05]

Eamon Ryan

Ceist:

181 Mr. Eamon Ryan asked the Minister for the Environment, Heritage and Local Government if he will report on the analysis his Department has made of higher than expected carbon trading costs; and the measures he proposes to take to offset their impact on industry here and on his Department. [25504/05]

I propose to take Questions Nos. 166 and 181 together.

At this relatively early stage in the development of the international carbon market, the average price at which carbon credits will settle in the longer term is not clear. In the report made available by my Department on 11 October, a possible average price of €15 per allowance purchased in the EU emissions trading scheme is possible for the period 2008-12.

I understand that prices for allowances in the EU emissions trading scheme are currently trading in excess of €20 per allowance. However, the report distinguishes between the current price for allowances and that likely to prevail during the period 2008-12 and identifies a number of reasons for current trading prices which are particular to the present pilot phase of the emissions trading scheme.

With regard to sectors covered by the EU emissions trading scheme, it is for individual installations themselves to ensure compliance with the scheme and they may do so in the most cost-effective manner available to them. If emission reductions cannot be achieved through their own action, installations may meet their individual targets through emissions trading which permits access to least-cost emissions reduction opportunities across the EU and, ultimately, more widely. The cost of the actions taken is a matter for the installations concerned.

With regard to the possible impact on the Exchequer, I refer to the reply to Question No. 106 of 25 October 2005.

Decentralisation Programme.

Dinny McGinley

Ceist:

167 Mr. McGinley asked the Minister for the Environment, Heritage and Local Government if he will investigate the case where a person (details supplied) in Dublin 6 who has signed a contract of indefinite duration with his Department in the national monuments section in Dublin must agree to decentralise to Waterford. [30422/05]

The contract signed by the officer concerned does not require the individual to decentralise to Waterford.

Waste Management.

Paul McGrath

Ceist:

168 Mr. P. McGrath asked the Minister for the Environment, Heritage and Local Government the response he has received from local authorities to his policy directive under section 60 of the Waste Management Act 1996, as amended, regarding action against illegal waste activity and the movement of waste; and if he will make a statement on the matter. [30441/05]

In May 2005, I issued a policy direction to local authorities and the EPA under section 60(2) of the Waste Management Act 1996 in regard to the further action to be taken against illegal waste activity and to clarify, in the context of waste infrastructure provision, the appropriate interpretation of the proximity principle in regard to the inter-regional movement of waste. In performing their waste management functions, waste regulatory authorities are now required to have regard to this direction.

I am satisfied that the EPA's office of environmental enforcement and the relevant local authorities are proceeding to deal with illegal waste activity in the manner required by the direction. In particular, this is evidenced in the concerted and integrated approach to dealing with this form of environmental crime which is being developed and implemented by the OEE's national enforcement network. In addition to the local authorities concerned, this network also includes representation from my Department, the Garda Síochána and the authorities in Northern Ireland.

As required by the direction, local authorities are placing particular emphasis, in the current review of their waste management plans, on identifying sites at which waste disposal or recovery operations have been carried on and on the need for any associated risk assessment and remediation. In further support of the direction, the EPA is developing a methodology to assist such risk assessments. I am also aware of individual authorities stepping up actions to deal with cases of illegal deposition of waste in accordance with the direction, for example, the Coolnamadra case in County Wicklow.

Freedom of Information.

Enda Kenny

Ceist:

169 Mr. Kenny asked the Minister for the Environment, Heritage and Local Government the number of applications under the Freedom of Information Act 1997 received by him for each year since the Act’s inception; the number of internal reviews requested and granted or refused in each year to date in 2005; the charges levied in each year by him; the subsequent reduction in charges; the number of subsequent appeals in each year to the Information Commissioner; the outcome of the final appeal; and if he will make a statement on the matter. [30432/05]

My Department has received over 1,800 requests under the Freedom of Information Act 1997 since its introduction in April 1998. There have been 126 requests for internal review since 1998. The original decision was upheld in 83 of these cases. A further 40 were amended or overturned. The balance were withdrawn or are awaiting decision.

Over the last eight years, 59 cases have been appealed to the Information Commissioner. Decisions were upheld in 16 cases and modified or overruled in seven cases. A further 13 requests were withdrawn by the requester, and there are currently 22 cases awaiting decision. Full details are outlined in the following three tables.

Table 1: Breakdown of FOI requests since 1998.

Year

Total received in each year

Requests for internal review

Total appeals to the Information commissioner

Fees collected

Fees refunded upon review

2005

101

6

2

2,397.80

0.00

2004

111

12

5

5,656.70

16.76

2003

303

26

11

985.00

19.44

2002

350

20

15

2,472.32

0.00

IR£

IR£

2001

303

15

7

558.97

0.00

2000

341

21

8

1,389.96

0.00

1999

221

19

4

1,134.00

0.00

1998

85

7

7

121.43

0.00

Total

1,815

126

59

Table 2: Breakdown of Internal review requests.

Year

Total received in each year

Decisions upheld

Decisions amended

Decisions reversed

Decisions pending

Request withdrawn

2005

6

2

0

2

2

0

2004

12

7

5

0

0

0

2003

26

16

10

0

0

0

2002

20

14

5

1

0

0

2001

15

11

3

1

0

0

2000

21

16

2

0

0

3

1999

19

13

4

2

0

0

1998

7

4

2

1

0

0

Total

126

83

31

7

2

3

Table 3: Appeals to Information Commissioner.

Year

Total appeals to the Information commissioner

Decisions upheld

Decision amended or overruled

Requests withdrawn

Cases not yet decided

2005

2

0

0

0

2

2004

5

1

0

1

3

2003

11

3

1

0

7

2002

15

6

4

2

3

2001

7

0

1

2

4

2000

8

3

0

3

2

1999

4

1

0

2

1

1998

7

2

1

3

0

Total

59

16

7

13

22

Question No. 170 answered with QuestionNo. 121.
Question No. 171 answered with QuestionNo. 138.

Greenhouse Gas Emissions.

Richard Bruton

Ceist:

172 Mr. Bruton asked the Minister for the Environment, Heritage and Local Government his plans to reduce CO2 emissions from private cars which have increased by 130% since 1990; and if he will make a statement on the matter. [30342/05]

The latest available inventory of greenhouse gas emissions, compiled annually by the Environmental Protection Agency, shows that emissions for the entire transport sector for 2003 were 11.85 million tonnes CO2 equivalent, an increase of 130% since 1990. The inventory shows that emissions of CO2 from road transport increased by 135% between 1990 and 2003. Emissions of CO2 from private cars are not available as emissions are calculated on the basis of fuel sold, rather than vehicle type.

The national climate change strategy identifies a range of policies and measures to reduce the level of greenhouse gas emissions across various sectors. Measures addressed to the transport sector include vehicle efficiency improvements, taxation measures and measures to promote modal shift. While my Department has overall responsibility for the strategy, it is a matter for Departments with direct responsibility for each sector identified in the strategy to implement the optimum mix of policies and measures in order to control and reduce Ireland's overall level of greenhouse gas emissions. Work is currently in progress in my Department on reviewing the strategy, taking account of developments since its publication in 2000. My Department is working closely with all relevant Departments in the context of this review, including the Department of Transport as regards its work on reducing emissions in the transport sector.

Social and Affordable Housing.

Billy Timmins

Ceist:

173 Mr. Timmins asked the Minister for the Environment, Heritage and Local Government his plans to change the legislation with respect to the claw back on affordable housing; and if he will make a statement on the matter. [30308/05]

The claw-back provisions provide that if a house purchased under the affordable housing schemes at a discount from market value is resold before the expiration of 20 years from the date of the purchase, the person selling the property shall pay to the local authority a percentage of the proceeds of the sale. This percentage is equal to the percentage discount allowed by the local authority on the original sale of the house where the house is resold within the first ten years. The amount payable is reduced by 10% in respect of each complete year after the tenth year during which the person who purchased the property has been in occupation of the house as his or her normal place of residence.

The provision for a claw-back is necessary to ensure that there is no short-term profiteering on the resale of a house provided by a local authority at a discount from market value. I am satisfied that the provision operates fairly in protecting the State's interest in these affordable houses and I have no plans to amend the relevant legislation.

Litter Pollution.

Pat Breen

Ceist:

174 Mr. P. Breen asked the Minister for the Environment, Heritage and Local Government if he has satisfied himself that the current level of fines, detection and punishment for litter offences are a sufficient deterrent; and if he will make a statement on the matter. [30352/05]

I am satisfied that the enforcement powers and penalties available to local authorities under the Litter Pollution Acts 1997 to 2003 are adequate to tackle the problem of litter pollution. The 2003 Act strengthened litter legislation generally and substantially increased the financial penalties for litter offences. Since the introduction of the 1997 Act, local authority performance on enforcement of the litter laws has improved significantly, with more litter wardens employed and substantial increases in the number of prosecutions taken and on-the-spot fines issued.

Social and Affordable Housing.

Eamon Gilmore

Ceist:

175 Mr. Gilmore asked the Minister for the Environment, Heritage and Local Government the number of affordable houses provided under the 1999 scheme, Part V and Sustaining Progress to date; and if he will make a statement on the matter. [30444/05]

Eamon Gilmore

Ceist:

587 Mr. Gilmore asked the Minister for the Environment, Heritage and Local Government the number of affordable houses provided under the 1999 scheme, Part V and Sustaining Progress to date; and if he will make a statement on the matter. [30547/05]

I propose to take Questions Nos. 175 and 587 together.

Information to June 2005 on the number of affordable housing units acquired under the 1999 affordable housing scheme and Part V of the Planning and Development Acts 2000-04, is published in my Department's housing statistics bulletins, which are available in the Oireachtas Library and on the Department's website, www.environ.ie.

Almost 800 units have been completed under the affordable housing initiative, including from Part V, which is an important contributor to the initiative.

Local Authority Housing.

Jan O'Sullivan

Ceist:

176 Ms O’Sullivan asked the Minister for the Environment, Heritage and Local Government if he will carry out an investigation or survey of local authorities in order to ascertain the reason many have failed to meet housing targets; if a strategic plan will be drawn up to tackle the issues that are causing this failure; and if he will make a statement on the matter. [30380/05]

The Government have provided significant additional resources for housing in recent years. Investment in social and affordable housing is at its highest ever level. The total Exchequer capital and current funding available for social and affordable housing in 2005 amounts to €1.3 billion, which represents an increase of 20% on 2004. Total capital spending on social and affordable housing output in 2005, inclusive of non-Exchequer financing, will amount to some €2 billion.

Ensuring that we achieve maximum output for these resources and best value for money is a prime concern. Independent evaluation of the housing programmes at the mid-stage of the national development plan highlighted the fact that spending was 9% ahead of target and this was having positive impacts in addressing social inclusion. Output has been behind that forecast. Some of this is attributable to rising costs of sites and construction inflation and mobilisation of construction programmes by local authorities has proceeded at different speeds.

The important task is to ensure that best practice is highlighted and replicated. We need to focus the local government system on achieving the best performance possible on housing issues. This relates not only to providing the required quantum of housing, but achieving this on a timely basis with appropriate quality.

One of the key lessons from past performance is the need for certainty around funding and the value of a multi-annual approach. In line with NDP targets, a multi-annual programme was introduced for the main local authority programme in 2003. A number of benefits were seen from this approach in terms of providing certainty for local authorities in planning projects and achieving an appropriate response to social needs. However, the fact that Exchequer capital spending was decided on a year to year basis at that time, meant that the full benefits of a multi-annual approach were not fully realised in terms of certainty of funding availability.

The commitment to multi-annual capital programmes in this Government's 2004 budget and the introduction of five-year action plans covering all social and affordable housing programmes by local authorities up to 2008, provides a strong basis for a strategic and measured approach to housing investment. The plans also address maintenance and estate management issues. The preparation of these plans sharpened the identification of priority needs and will help to ensure a more coherent and co-ordinated response across all housing services.

I consider that, with funding and plans in place, real benefits will be seen in terms of both the output and the quality of social housing provision over the coming years.

Question No. 177 answered with QuestionNo. 108.

Tom Hayes

Ceist:

178 Mr. Hayes asked the Minister for the Environment, Heritage and Local Government his views on the latest housing statistical bulletin which shows a 8.5% drop in the number of social housing units completed in the second quarter of 2005; and if he will make a statement on the matter. [30346/05]

The total number of local authority houses constructed-acquired in the first six months of 2005 was 1,756 units which compares favourably with the figures for the similar period in 2004 of 1,752 units. In addition, work was in progress on a further 8,000 units at the end of June last — an increase of 26% on the same date last year. It is anticipated that local authorities will complete-acquire in the region of 5,500 units for the full year 2005 including completions under various regeneration programmes.

Activity under the voluntary and co-operative housing schemes has been increasing steadily over the last five years. Some 1,600 units of accommodation were provided last year, compared to 950 units in 2000, which represented an increase of over 42%.

Some 548 units were completed under the programme in the first six months of this year and work was in progress on a further 2,000 units at the end of that period. It is anticipated that the number of units which will be completed this year will exceed 1,600.

The housing needs of an increasing number of households are being met each year through the provision of housing by local authorities and voluntary and co-operative housing bodies. In the current year the Government has allocated record levels of funding to local authorities for their social and affordable housing programmes. Total capital spending on social and affordable housing output in 2005, including non-Exchequer finance, will amount to some €2 billion and will assist in meeting the housing needs of over 13,000 households through the full range of social and affordable housing measures. This compares with 8,400 households in 1998.

Radon Gas Levels.

Paul Nicholas Gogarty

Ceist:

179 Mr. Gogarty asked the Minister for the Environment, Heritage and Local Government the action he will take arising from the Radiological Protection Institute of Ireland report that suggests that 10% of new dwellings constructed with radon protection barriers have high levels of radon. [30416/05]

Part C, Site Preparation and Moisture Resistance, of the building regulations and the related technical guidance document, TGD C, require that new houses in high radon areas commencing on or after 1 July 1998 incorporate the following radon prevention measures in the foundations: radon proof membrane; and a standby radon sump which can be activated if the radon membrane is not fully effective in keeping the indoor radon level below the national reference level of 200 becquerels per cubic metre, 200 Bq/m3.

RPII surveys of new houses commenced since 1 July 1998 in the high radon areas of Ennis, Kilkenny and Tralee have shown that the radon-proof membrane has significantly reduced the percentage of new dwellings with radon above the national reference level, compared with what would be expected on the basis of RPII survey results for radon in existing dwellings.

However, to further reduce the incidence of high radon levels in new buildings, including new dwellings, I published a revised edition of TGD C in October 2004, which applies to new dwellings commencing on or after 1 April 2005. The revised edition of TGD C specifies that membranes be independently certified as fit for radon proofing; that membranes be carefully installed; and that membranes be protected from damage after installation. The guidance also recommends that a radon survey be carried out after the new dwelling is completed and occupied and again after remediation action, should that prove necessary.

Question No. 180 answered with QuestionNo. 119.
Question No. 181 answered with QuestionNo. 166.

Social and Affordable Housing.

Róisín Shortall

Ceist:

182 Ms Shortall asked the Minister for the Environment, Heritage and Local Government his views on the assertion by the Irish Council of Social Housing in September 2005 that Ireland is building social housing at a slower rate than other European countries, in view of the fact that Ireland has one of the highest completion rates for private housing; the actions he will take to remedy the situation; and if he will make a statement on the matter. [30391/05]

David Stanton

Ceist:

694 Mr. Stanton asked the Minister for the Environment, Heritage and Local Government his views on the fact that, despite the very high levels of home ownership here and the building boom in recent years, we have the lowest level of social housing output in the EU; and if he will make a statement on the matter. [30767/05]

I propose to take Questions Nos. 182 and 694 together.

The nature of and demand for social housing varies among European countries depending on need and policy approaches also reflect this diversity of conditions. Overall national housing output provides a more straightforward point of comparison, and in this context the Government's approach to increasing overall supply has had major success and has enhanced access to housing generally. This has occurred alongside a very active response by the Government to higher levels of Irish housing need. In the current year the Government has allocated record levels of funding to local authorities for their social and affordable housing programmes. Total capital spending on social and affordable housing output in 2005, including non-Exchequer finance, will amount to some €2 billion and will assist in meeting the housing needs of over 13,000 households. This compares with 8,400 households in 1998.

In addition, it is anticipated that a number of households currently in private rented accommodation will transfer to the new rental accommodation scheme being introduced. These households will continue to be mainly accommodated within the private rented sector. There are up to 30,000 households in receipt of rent supplements for a period in excess of 18 months who, on the basis that they are assessed to have long term housing needs, will be transferred to the new rental accommodation scheme over a four-year period.

Five-year action plans for the period 2004-08 for social and affordable housing have been developed by local authorities, which will ensure that the resources available are used to best effect and will help ensure a more coherent and co-ordinated response across all housing services. This will allow for the planning of activity for local authority own build, Part V arrangements and output by the voluntary and co-operative housing sector. Provision has been made for a mid-term review of the plans in 2006 which will allow for adjustments to be made in light of actual performance and any new housing policy initiatives arising in the interim.

Environmental Policy.

Simon Coveney

Ceist:

183 Mr. Coveney asked the Minister for the Environment, Heritage and Local Government his views on whether the Environmental Protection Agency will not rule on appeals to its own decisions; his further views on whether a different agency should do so; if so the agency that should be; and if he will make a statement on the matter. [30402/05]

The process under which integrated pollution prevention and control licences should be determined has been twice considered in detail by the Oireachtas in the context of the Environmental Protection Agency Act 1992 and the Protection of the Environment Act 2003.

Both enactments confirmed the role of an expert, management body, the Environmental Protection Agency, EPA, in operating integrated pollution prevention and control licensing of complex installations. Both also provided a system of review of draft licence determinations by EPA itself, following due consideration of submissions and observations by all parties rather than the establishment of an external official mechanism.

I consider that these arrangements agreed by the Oireachtas are consistent with the principles of administrative justice. It would be impractical to operate an external appeal arrangement in this area given the scarcity of relevant expertise which exists in a small country like Ireland and the difficulties in terms of cost and organisation arising from this. For these reasons, I have no proposal to amend existing legislation on this matter.

Question No. 184 answered with QuestionNo. 134.

Social and Affordable Housing.

Aengus Ó Snodaigh

Ceist:

185 Aengus Ó Snodaigh asked the Minister for the Environment, Heritage and Local Government his views on the introduction of legislation to give local authorities powers to compulsory purchase order land at existing use value for the construction of social housing. [30321/05]

The ninth progress report of the All-Party Oireachtas Committee on the Constitution, concerning private property, NESC report No. 112, Housing in Ireland: Performance and Policy and the Goodbody Economic Consultants' report, Rationale for and Impact of a Use it or Lose it Scheme, contain analysis and-or recommendations on issues pertinent to the question and my Department is giving careful consideration to these recommendations.

In response the Government has approved the establishment of the affordable homes partnership to drive and co-ordinate the delivery of affordable housing in the greater Dublin area; the preparation of legislative proposals for additional powers should the partnership need these to deliver fully on its mandate; and the review by all local authorities of their land management strategies to maximise the availability of land for their own housing programmes, voluntary housing, and housing partnerships with the private sector.

In this context, work is proceeding on legislation which could entail compulsory acquisition of land at below market value in specified circumstances.

Joe Sherlock

Ceist:

186 Mr. Sherlock asked the Minister for the Environment, Heritage and Local Government the consideration he has given to the NESC report, Housing in Ireland: Performance and Policy; the legislative measures he will take arising from the report; and if he will make a statement on the matter. [30388/05]

Joe Sherlock

Ceist:

194 Mr. Sherlock asked the Minister for the Environment, Heritage and Local Government if he will implement the recommendations made by the report of the All-Party Committee on the Constitution on the process of building land; the planned timeframe for implementing these recommendations; if he will report to Dáil Éireann on his strategy for such an implementation; and if he will make a statement on the matter. [30389/05]

I propose to take Questions Nos. 186 and 194 together.

The Government has been making substantial progress in addressing the concerns raised in the NESC report and the report of the All-Party Committee on the Constitution with record housing output levels and increased investment in social and affordable housing measures. The recently launched affordable homes partnership provides further demonstration in this regard. In addition consideration is to be given to approaches dealing with land options and a "use it or lose it" scheme. As part of the broader delivery of housing nationally, all local authorities will review their land management strategies to maximise the availability of land for their own housing programmes, voluntary and co-operative housing, housing partnerships with the private sector and to secure more active use of brownfield land and derelict sites.

These measures are designed to provide a practical response, focused on delivery to the policy challenges identified by NESC and APOCC. NESC also highlighted a number of issues, particular in the social housing area, for further consideration. The Government intends to address these more medium-term issues for the provision of social and affordable housing shortly. This process will be informed by the outcome of the statutory housing needs assessment being finalised at present and the work under way by the housing forum in reviewing the effectiveness of the existing social and affordable housing schemes in the context of the Sustaining Progress agreement.

Question No. 187 answered with QuestionNo. 115.

Freedom of Information.

Paul Connaughton

Ceist:

188 Mr. Connaughton asked the Minister for the Environment, Heritage and Local Government when he will extend the extend the Freedom of Information Act 1997 to other bodies under the aegis of his Department; and if he will make a statement on the matter. [30409/05]

The Freedom of Information, FOI, Acts currently apply to the following nine bodies under the aegis of my Department:

—An Bord Pleanála

—An Chomhairle Leabharlanna

—Environmental Protection Agency

—Fire Services Council

—Heritage Council

—Housing Finance Agency

—Irish Water Safety Association

—Local Government Computer Services Board

—Rent Tribunal.

The Freedom of Information Acts will shortly be extended by regulations to be made by the Minister for Finance to the following further agencies under my Department's aegis:

—Buildings Regulations Advisory Board

—Dublin Docklands Development Authority

—Local Government Management Services Board

—National Building Agency

—Radiological Protection Institute Of Ireland

—Affordable Homes Partnership.

The Freedom of Information Acts will also be extended to the Private Residential Tenancies Board, in respect of functions other than dispute resolution services.

Nuclear Plants.

Jimmy Deenihan

Ceist:

189 Mr. Deenihan asked the Minister for the Environment, Heritage and Local Government if he has made representations in relation to the danger posed by building B30 at Sellafield; and if he will make a statement on the matter. [30419/05]

The B30 building at Sellafield is a fuel storage pond for spent magnox fuel and has been in use since the 1950s. Although the European Commission have been inspecting this plant regularly since the 1980s, both the physical condition of the plant and the high radioactivity in the area have made it impossible for the Commission to accurately verify the quantities of material held in the facility.

Under the safeguards provisions of EURATOM, the Commission has the right to inspect facilities where nuclear fuel cycle material is stored, as well as the records for such facilities, to verify that the material has not been diverted to non-peaceful uses.

In March 2003, the Commission adopted a directive under Article 82 of the EURATOM Treaty concerning the storage of spent fuel at Sellafield that compelled the United Kingdom to take steps to allow Commission inspectors to verify accurately the amount of plutonium stored in the pond. The UK subsequently responded in detail to the Commission and I understand the issue between the UK and the Commission on B30 is ongoing. I have written to the European Commissioner for Energy, Mr. Andris Piebalgs, and inter alia reiterated that the B30 storage pond represents a very substantial ongoing environmental and public health risk.

The UK Ambassador to Ireland has advised my Department that his Government will ensure that remediation works at B30 will be guided first and foremost by safety and environment-related considerations. While this is reassuring, my Department will continue to monitor developments in relation to developments at B30 and other facilities at Sellafield to ensure the concerns and interests of Ireland are protected. Indeed, during my meeting with Mr. Alan Johnson MP, UK Secretary of State at the Department of Trade and Industry in London last week, I again outlined the Government's concerns in this regard.

Waste Management.

Gerard Murphy

Ceist:

190 Mr. G. Murphy asked the Minister for the Environment, Heritage and Local Government the steps he has taken to eliminate cross-Border dumping following his speech on the matter to the Environment Ireland 2005 Conference; and if he will make a statement on the matter. [30397/05]

The Office of Environmental Enforcement's report, The Nature and Extent of Unauthorised Waste Activity in Ireland, which was published last month, noted that due to increased regulatory vigilance on both sides of the Border, the practice of illegal waste trafficking to Northern Ireland has become more sporadic. I intend that the excellent co-operation between our enforcement authorities and those in Northern Ireland will continue, including through the enforcement network established by the office of environmental enforcement, to pursue those responsible for such activity. In addition, regulatory authorities have been enjoined by the policy direction, which I recently issued under section 60 of the Waste Management Act 1996, to pursue illegal holders of waste looking to the maximum potential sanctions available in law.

Building Regulations.

John Perry

Ceist:

191 Mr. Perry asked the Minister for the Environment, Heritage and Local Government the steps open to him to encourage greater use of energy efficient and renewable energy technology in newly-built homes; and if he will make a statement on the matter. [30354/05]

The question of encouraging the voluntary installation of energy efficient and renewable energy technology in newly-built dwellings is being actively considered in a current review of Part L, Conservation of Fuel and Energy, of the building regulations and the related technical guidance document, TGDL.

This would be achieved by structuring the method of showing compliance with Part L in such a way that the use of energy efficient and renewable energy technology would simplify compliance; and would give greater flexibility to designers in relation to other aspects of design.

Local Authority Land Development.

John Gormley

Ceist:

192 Mr. Gormley asked the Minister for the Environment, Heritage and Local Government the circumstances under which local authorities may dispose of land and criteria that apply; and his plans to put in place a requirement to ensure that competitive tenders are sought. [30415/05]

Local authorities are empowered to dispose of land in accordance with section 211 of the Planning and Development Act 2000 and Article 206 of the Planning and Development Regulations 2001. In general, any land previously acquired by a local authority may be sold, leased or exchanged subject to such conditions as the local authority considers necessary in order to secure the best use of that land.

Where the local authority is of the opinion that price or rent obtained for the land in question is not the best reasonably obtainable, the manager must prepare a report setting out the economic and social reasons which apply in relation to the disposal of land and include this in the notice given to the members of the authority. The notice and report must also be made available for public inspection at the local authority offices for a period of one year. Otherwise the Minister's consent is required. My Department has no proposals to amend the relevant legislation.

Planning Regulations.

Damien English

Ceist:

193 Mr. English asked the Minister for the Environment, Heritage and Local Government if he will legislate for development levies to be used for community amenities including schools and health centres; and if he will make a statement on the matter. [30437/05]

Planning legislation allows for the imposition of planning conditions requiring the payment of a contribution in respect of public infrastructure and facilities, provided by or on behalf of a local authority, which benefit development in the area of the planning authority, including the provision of open spaces, recreational and community facilities and amenities and landscaping works.

I am interested in ensuring that the planning process supports the provision of necessary community facilities in parallel with housing developments. My Department has been in discussion with other relevant Departments to facilitate this and is continuing to explore all options in that regard.

Question No. 194 answered with QuestionNo. 186.

Water and Sewerage Schemes.

Jerry Cowley

Ceist:

195 Dr. Cowley asked the Minister for the Environment, Heritage and Local Government his views on whether it is unfair to ask non-residential residents of Achill Island to pay €3 million towards the long awaited sewage scheme in Achill in view of the fact that persons will have to pay this between them; his further views on whether Achill should not be asked to pay 50% of the costs, as it cannot be compared to a large urban area or town, under the polluter pays principle; if he will intervene in this situation and ensure that the scheme goes ahead without putting the future of the local businesses at risk; the resolution his Department has to enable this to proceed; and if he will make a statement on the matter. [30442/05]

Jerry Cowley

Ceist:

670 Dr. Cowley asked the Minister for the Environment, Heritage and Local Government his views on whether it is unfair to ask the non-residential residents of Achill Island to pay €3 million towards the long awaited sewage scheme in Achill; his further views on whether Achill should not be asked to pay 50% of the cost; if steps will be taken to ensure that the scheme goes ahead without putting the future of local businesses at risk; the resolution his Department has to enable this to proceed; and if he will make a statement on the matter. [30611/05]

I propose to take Questions Nos. 195 and 670 together.

In common with all projects funded under my Department's water services investment programme, the Achill Sound scheme is subject to water services pricing, polluter pays policy. Local authorities must ensure that the design and scale of individual schemes takes account of the implications of the pricing policy framework. In broad terms, this involves my Department funding the capital costs associated with the provision of services to meet the requirements of the existing domestic population. The additional marginal capital cost of servicing non-domestic consumers, and providing for future development, is recovered by the local authority from all non-domestic consumers in its functional area, i.e. on a county-wide basis, through a combination of water charges on commercial consumers and planning levies on future development. Only significant large scale consumers who reserve a specific proportion of the overall capacity of a scheme are required to make a direct contribution to the capital cost of the scheme up-front. It is unlikely that there are any such consumers in this case.

My Department is awaiting submission by Mayo County Council of a revised water services pricing policy report that will determine the appropriate apportionment of the capital costs in this case in accordance with the policy framework. Until this report is submitted and approved, any estimate of the likely contribution required from the non-domestic sector is purely speculative.

With regard to commencement of works, the position is that the scheme has been approved for construction under my Department's water services investment programme 2004-06. I have already cleared Mayo County Council's tender recommendations for the scheme and its further advancement is now a matter for the council.

Planning Regulations.

Billy Timmins

Ceist:

196 Mr. Timmins asked the Minister for the Environment, Heritage and Local Government the discussions he has had with county managers or their representatives with respect to the rural planning guidelines on one-off housing; and if he will make a statement on the matter. [30307/05]

The guidelines for planning authorities on sustainable rural housing came into effect on 13 April 2005. They provide that reasonable proposals on suitable sites in rural areas for persons who are part of, contribute to, or have links with the rural community must be accommodated. The guidelines thus affirm a presumption in favour of quality one-off housing for rural communities, provided proposals meet normal standards in relation to matters such as the proper waste water disposal and road safety.

My Department held two seminars in June for local authority planning officials on the implementation of the guidelines. The seminars dealt with the overall objectives of the guidelines and provided practical advice on the implementation of their core provisions, including preparation of development plan policies, providing better support and advice to applicants and more efficient and comprehensive consideration of planning applications.

In September 2005, my Department also held discussions on the guidelines with the planning committee of the County and City Managers' Association. These discussions were around the need to embed regard for the guidelines, as required by section 28 of the Planning and Development Act 2000, in their performance by local authorities of their relevant functions i.e. in making or reviewing their development plans, in providing planning services to applicants or potential applicants and in deciding on planning applications. County managers have also been asked for a report on the measures taken to date to implement the guidelines and on their impact. I intend to continue this close monitoring of the new guidelines on rural housing.

Question No. 197 answered with QuestionNo. 138.
Question No. 198 answered with QuestionNo. 119.

Homeless Persons.

Seán Crowe

Ceist:

199 Mr. Crowe asked the Minister for the Environment, Heritage and Local Government the actions he has taken in the past 12 months to address the ongoing homelessness crisis. [30316/05]

Local authorities and the Health Service Executive are responsible for meeting the accommodation and health care needs of homeless persons. The Government's integrated and preventative strategies on homelessness provide the framework within which the agencies fulfil these responsibilities.

Under the terms of the integrated strategy, homeless fora, representative of the statutory and voluntary homeless sectors, were established at local authority level and homeless action plans, adopted under their aegis, are being implemented. These developments have resulted in the provision of a wide range of additional accommodation and services for homeless persons. Rough sleepers have been enabled to access emergency accommodation and homeless persons have been facilitated to move out of emergency accommodation into accommodation more suitable to their needs. Increased levels of day care facilities, together with specific provisions to meet the needs of people with addiction problems or who are sleeping rough, as well as homeless ex-offenders, have been put in place. While the emphasis was, initially, on the provision of emergency accommodation options, there is now general agreement that sufficient emergency accommodation is available for those who wish to avail of it and the emphasis must now move to more long-term solutions.

While a range of social and private rented long-term accommodation is available the amount of such accommodation needs to be increased. Steps have already been taken to encourage local authorities to focus their future activity in this area and a number of recent developments will facilitate their efforts to make progress. The development of the local authority housing action plans 2004 to 2008, the introduction of the rental accommodation scheme and the information gained from the assessment of housing need carried out in March 2005 will enable local authorities to include the specific housing needs of homeless persons in their overall housing programmes and enhance the availability of housing options for those homeless persons capable of independent living. A tenancy sustainment scheme soon to be piloted by the homeless agency with funding from my Department will facilitate previously homeless tenants to maintain their tenancies whether in public or private sector accommodation.

The continued provision of adequate funding is of major importance. While the provision of accommodation and related services for homeless persons is the responsibility of local authorities, my Department recoups to them 90% of their expenditure in this area. In 2004, a total of €45.7 million was recouped to local authorities while the allocation for 2005 is €51 million. This brings to €240 million the total funding made available for this purpose since 2000. The Department of Health and Children has provided an additional €30.2 million in the same period to meet the care needs of homeless persons.

An independent review of the implementation of the integrated and preventative homeless strategies and their associated action plans is nearing completion and the outcome of the review will help to inform future developments in this area.

EU Legislation.

Shane McEntee

Ceist:

200 Mr. McEntee asked the Minister for the Environment, Heritage and Local Government the number of EU Directives for which he has responsibility for that remain to be transposed into Irish law; and if he will make a statement on the matter. [30394/05]

I am fully aware of the importance of timely transposition of EU environmental legislation, some 200 items of which, including more than 140 directives, have by now been transposed in this country. There are currently seven directives in my Department's area of responsibility which are outstanding for transposition. These are: — 2000/53/EC — End-of-life vehicles: this directive was due for transposition by 21 April 2002 with obligations imposed under the directive effective in respect of new vehicles sold after 1 July 2002 from that date and from 1 January 2007 for all other vehicles. It is anticipated that this directive will be fully transposed by the end of the year. — 2002/49/EC — Assessment and management of environmental noise: drafting of regulations to transpose this directive, which was due for transposition by 18 July 2004, is well advanced and transposition is intended by the end of the year. — 2002/88/EC — Measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed in non-road mobile machinery and 2004/26/EC —amending Directive 97/68/EC on the approximation of the laws of member states relating to emissions from internal combustion engines in non-mobile road machinery: draft regulations transposing both directives are nearing completion with a view to transposition by the end of the year. The first directive was due for transposition by 11 August 2004 and the second by 20 May 2005. — 2003/4/EC —public access to environmental information, repealing Directive 90/313/EEC: legislative proposals for the transposition of this directive are in drafting. The directive was due for transposition by 14 February 2005 and it is intended that this directive will be transposed at the earliest possible date. — 2003/35/EC — Directive on public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Directives 85/337/EEC and 96/61/EC: this directive was due for transposition by 25 June 2005. Options for transposition of the directive are being examined with a view to completing transposition at the earliest possible date. — 2004/12/EC — Directive amending Directive 94/62/EC on packaging and packaging waste: my Department is engaged with a stakeholder group on a final phase of consultation prior to finalising regulations to give effect to this directive. The directive was due for transposition on 18 August 2005 and it is intended that it will be transposed in the first quarter of 2006.

Michael Ring

Ceist:

201 Mr. Ring asked the Minister for the Environment, Heritage and Local Government the circumstances surrounding the scheduling and subsequent cancellation of an oral hearing on 11 October 2005 in the European Court of Justice regarding Ireland’s implementation of EU legislation on environmental impact assessments; and if he will make a statement on the matter. [30435/05]

This matter arises from an application by the European Commission to the European Court of Justice in July 2003 seeking the imposition of a daily fine of €21,600 against Ireland to enforce a previous judgment by the Court made on 21 September 1999 against Ireland. That judgment centred on the environmental impact assessment, EIA, directive, as amended, in relation to the exemption thresholds set for peat extraction.

My Department has since been working, in consultation with European Commission officials, on a series of measures to address the findings of the court and the final measures have now been put in place. Earlier this year, I signed the Planning and Development Regulations 2005. These regulations generally exempt peat extraction below a threshold of 10 hectares from the requirement for planning permission. However, there are exceptions where the peat extraction would have significant effects on the environment or, where the peat extraction takes place within peatland areas that have been afforded protection either as special areas of conservation, SACs or natural heritage areas, NHAs, both of which are subject to a separate control system. The European Commission was concerned that all designations of SACs and NHAs should be fully completed so as to ensure that any cases involving sub-threshold peat extraction in sensitive locations, while not subject to planning permission, would be subject to nature conservation controls under wildlife legislation.

I am pleased to inform the House that I signed the final set of protection orders for NHAs on 20 September thus satisfying all of the Commission's outstanding concerns. As Ireland is now fully in compliance with the 1999 judgment, the Commission proceeded to request the court to cancel its application for a daily fine against Ireland.

Question No. 202 answered with QuestionNo. 139.
Question No. 203 answered with QuestionNo. 107.
Question No. 204 answered with QuestionNo. 139.

Local Authority Funding.

Gerard Murphy

Ceist:

205 Mr. G. Murphy asked the Minister for the Environment, Heritage and Local Government his views on whether comments by the chief executive of the Heritage Council that under-resourcing of local authorities means they cannot afford to properly maintain green spaces; and if he will make a statement on the matter. [30398/05]

I am not aware of comments by the chief executive of the Heritage Council to this effect.

Local authorities fund expenditure on services, including maintenance of green spaces, from a variety of sources including specific State grants, commercial rates, fees and charges for goods and services and general purpose grants from the local government fund. Increased funds are also becoming available to local authorities for capital improvement of infrastructures and amenities from their schemes of development contributions which were finalised in 2004. The general purpose grants allocated to local authorities for 2005 amount to some €817 million, representing an increase of 8.6%, or more than double the rate of inflation, on the corresponding figure for 2004 and an increase of some 130% on the 1997 provision. I am satisfied that this level of funding, together with the current funding available to local authorities from other sources, enables them to provide a satisfactory level of services. It is, of course, a matter for each local authority to prioritise its expenditure within the resources available to it and to operate its services as efficiently and effectively as possible.

Seymour Crawford

Ceist:

206 Mr. Crawford asked the Minister for the Environment, Heritage and Local Government if the report service indicators in local authorities suggest a lack of funding from the Central Exchequer may be responsible for some of the failings; and if he will make a statement on the matter. [30357/05]

The first report on service indicators in local authorities, published in July 2005, details the performance of local authorities in 2004 with regard to 42 indicators of service. This is a significant innovation for the local government sector and will be a valuable baseline against which future performance can be assessed. I have asked each authority to review its performance across the range of indicators and in light of performance by other authorities and put in place a strategy for continued improvement.

Local authorities fund expenditure on services from a variety of sources including specific State grants, commercial rates, fees and charges for goods and services and general purpose grants from the local government fund. The general purpose grants allocated to local authorities for 2005 amount to some €817 million, representing an increase of 8.6% or more than double the rate of inflation, on the corresponding figure for 2004 and an increase of some 130% on the 1997 provision. I am satisfied that this level of funding, together with the current funding available to local authorities from other sources, enables them to provide a satisfactory level of services. It is a matter for each local authority to prioritise its expenditure within the resources available to it and operate its services as efficiently and effectively as possible.

Local Authority Staff.

John Perry

Ceist:

207 Mr. Perry asked the Minister for the Environment, Heritage and Local Government if he will amend the two codes of conduct, one for local authority employees and the other for councillors to take account of suggestions by the Standards in Public Office Commission suggesting the possibility of provision being made in the code whereby protection against reprisal will be guaranteed in any circumstances where a bona fide report or complaint was made by an employee or a councillor who believed that he or she was being required to act in a manner which was illegal, improper, or unethical, was in breach of constitutional convention or a professional code, may involve possible maladministration or was otherwise inconsistent with the relevant code; and if he will make a statement on the matter. [30433/05]

The codes of conduct for councillors and employees of local authorities were published in June 2004 under Part 15 of the Local Government Act 2001, and form an integral part of the ethics framework for the local government service. The implementation of the codes is being kept under review in light of experience since their introduction and as part of an assessment of the effectiveness of the regime. the suggestions in the Standards in Public Office Commission's 2004 annual report are being fully considered in that context.

Architectural Heritage.

Denis Naughten

Ceist:

208 Mr. Naughten asked the Minister for the Environment, Heritage and Local Government if he will review the current funding for architectural protection grants; and if he will make a statement on the matter. [30014/05]

The scheme of architectural protection grants available to owners of protected structures is administered by local authorities and resourced by my Department. Funding for the scheme was increased from €3.9 million in 2004 to €6.85 million in 2005. This scheme is one of a number of supports for the built heritage. The conservation grants programme under the urban and village renewal scheme provides funding in 2005 of €1.033 million to support projects on buildings of architectural or heritage significance which are in the ownership of public bodies, civic trusts, etc. and are open to the public. In 2005, €700,000 has been allocated in thatching grants by my Department, with 152 grants having being provisionally approved for 152 roofs.

I am also in the process of establishing the Irish Heritage Trust, as set out further in reply to Question No. 148 on today's Order Paper. Funding for architectural heritage protection is also provided directly by the Heritage Council and the council administers certain one-off grants directly on my behalf. In addition, tax relief is available under 482 of the Taxes Consolidation Act 1997 for expenditure incurred on the repair, maintenance or restoration of an approved building or garden. Further protection is afforded through the ongoing maintenance of the State's portfolio of historic properties. I am satisfied that, taken together, these provisions afford appropriate support for the safeguarding of our architectural heritage.

House Prices.

Caoimhghín Ó Caoláin

Ceist:

209 Caoimhghín Ó Caoláin asked the Minister for the Environment, Heritage and Local Government his views on whether competition from buyers of second homes is a contributory factor to house price increases. [30314/05]

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

Against this background, the Government's strategy is to increase housing supply to meet the diverse demand. A particular focus of attention is on measures to improve affordability and access to housing for new emerging households. Focusing on sustaining supply at levels to meet demand is the key objective of policy and in this way we seek to bring moderation to house price increases. The success of these measures is demonstrated by the substantial increase in output, which has doubled in the past seven years with house prices having moderated from their high levels in the late 1990s.

Planning Regulations.

Jimmy Deenihan

Ceist:

210 Mr. Deenihan asked the Minister for the Environment, Heritage and Local Government if he will make changes to section 29(1)(a) of the Planning and Development Act 2001; and if he will make a statement on the matter. [30421/05]

I assume the question relates to Article 29(1)(a) of the Planning and Development Regulations 2001. This article provides that any person or body, on payment of the prescribed fee, may make a submission or observation in writing to a planning authority in relation to a planning application within the period of five weeks beginning on the date of receipt by the authority of the application. While I have been reviewing the 2001 planning regulations to refine and streamline aspects of the planning application process, it is not planned to amend the provision in question.

Live Register.

Cecilia Keaveney

Ceist:

211 Cecilia Keaveney asked the Taoiseach if the live register figure for County Donegal is at its lowest point in over ten years; and if he will make a statement on the matter. [30205/05]

The live register series gives a monthly breakdown of the number of people claiming unemployment assistance, unemployment benefit and other claimants registered with the Department of Social and Family Affairs. Figures are published for each county and local office. The most recent information available is for September 2005. It should be noted that the live register is not a definitive measure of unemployment as it includes part-time workers, seasonal and casual workers entitled to unemployment assistance or benefit. Statistics on unemployment are measured at regional level by the quarterly national household survey. In addition, the exact area covered by each local office is not limited to the immediate locality of the particular office. For instance, in the Tallaght local office there may be registered persons from the Blessington area.

The live register figures for County Donegal for the period 1995 to 2005 as requested by the Deputy are set out in the following table. The September 2005 figure is the lowest figure in the period since January 1995:

Live Register for County Donegal 1995 to 2005.

Live Register County Donegal total.

Year

January

February

March

April

May

June

July

1995

12,282

11,850

11,936

12,072

11,865

12,205

12,552

1996

12,913

12,957

12,563

12,761

12,584

12,921

13,393

1997

12,670

12,737

12,548

12,344

12,273

12,719

12,943

1998

12,719

12,512

12,109

12,282

12,086

12,549

12,634

1999

12,144

11,966

11,623

11,501

11,469

11,907

12,293

2000

11,642

11,413

10,980

10,830

10,365

10,652

10,705

2001

10,160

10,008

9,969

9,861

9,856

10,263

10,441

2002

10,182

10,133

10,108

9,729

9,899

10,364

10,605

2003

10,048

10,013

9,964

10,111

9,882

10,680

10,907

2004

10,331

10,246

10,037

9,662

9,576

10,146

10,473

2005

9,590

9,304

9,073

8,846

8,790

9,103

9,516

Year

August

September

October

November

December

Average

1995

12,359

12,308

12,394

12,438

13,127

12,282

1996

13,051

12,784

12,469

12,473

12,981

12,821

1997

13,001

12,742

12,313

12,365

12,927

12,632

1998

12,565

12,094

11,772

11,469

13,485

12,356

1999

12,224

11,971

11,532

11,431

11,699

11,813

2000

10,622

10,003

9,862

9,837

10,088

10,583

2001

10,297

9,620

9,558

9,549

9,896

9,957

2002

10,499

9,663

9,355

9,418

9,897

9,988

2003

10,931

10,187

9,975

9,923

10,149

10,231

2004

10,374

9,432

9,079

9,088

9,440

9,824

2005

9,508

8,586

Source: Live Register Analysis, Central Statistics Office.

Irish Language.

Enda Kenny

Ceist:

212 Mr. Kenny asked the Taoiseach the number of households in each Gaeltacht area where it is estimated that Irish is spoken on a full-time basis as an every day language; and if he will make a statement on the matter. [30648/05]

The information requested by the Deputy is contained in the following table which is based on the results of the 2002 census of population. The question used in the census was as follows:

11. Can you speak Irish?

Answer if aged 3 years or over.

1 Yes

2 No

If ‘Yes’, do you speak Irish?

1 Daily

2 Weekly

3 Less often

4 Never.

It is important to bear in mind that the census question seeks information on ability to speak the Irish language and frequency of speaking it. It is not possible to infer the number of households where Irish is being spoken on a full-time basis from the census data.

Private households in each Gaeltacht area classified by the number of persons who speak Irish daily, census 2002.

Number of daily Irish speakers in the household

Total Gaeltacht area

Cork

Donegal

Galway City

Galway County

Kerry County

Mayo County

Meath County

Waterford

Total households

29,777

1,137

8,347

3,825

9,012

2,859

3,677

466

454

None

15,175

616

3,789

2,987

3,447

1,389

2,454

270

223

1 or more

14,602

521

4,558

838

5,565

1,470

1,223

196

231

of which:

1

5,884

189

1,915

438

1,987

617

571

81

86

2

3,933

129

1,254

234

1,494

364

355

42

61

3

2,086

88

579

109

861

233

150

26

40

4

1,366

61

415

42

592

143

69

24

20

5

822

35

239

10

381

73

53

15

16

6 or more

511

19

156

5

250

40

25

8

8

Consultancy Contracts.

Richard Bruton

Ceist:

213 Mr. Bruton asked the Taoiseach the guidelines in place for the commissioning of outside expertise in the consultancy and public relations fields; and if ministerial approval is required for approval of expenditure on such commissions. [30152/05]

The procurement of consultancy services in my Department is subject to public procurement guidelines from the Department of Finance as set out in the document, Guidelines for engagement of Consultants in the Civil Service — 1999. Procurement of outside expertise in the public relations field is also subject to public procurement guidelines as set out in the 2004 Department of Finance publication, Public Procurement Guidelines — Competitive Process, which replaced the previous Department of Finance guidance entitled, Public Procurement — 1994 Edition (Green Book).

In addition, the procurement of these services is also subject to applicable EU procurement rules and guidelines. Furthermore, since early this year additional guidelines agreed by Government, specifically for public relations and communication type consultancies, are now incorporated into the Cabinet Handbook. I am satisfied that these guidelines are followed in my Department and are fully reflected in the Department's internal procedures, including the training provided to relevant staff.

More recently a number of new measures were announced which will contribute to improving the management and value for money aspects of consultancies projects. Approval of expenditure on consultancy projects is handled at the appropriate level within my Department, depending on the scale and nature of each and I am kept informed as appropriate. With my colleagues, I consider the provision made for consultancy services in my Department's Vote is necessary and appropriate for the effective discharge of its functions.

Richard Bruton

Ceist:

214 Mr. Bruton asked the Taoiseach the percentage of reports, consultancies and cases from external commissions where the issue of poor value for money was highlighted, in his Department from 1998 to date in 2005. [30167/05]

There have been no cases of reports, consultancies or cases from external commissions in this period where the issue of poor value for money has been highlighted in my Department.

Population Statistics.

Ciarán Cuffe

Ceist:

215 Mr. Cuffe asked the Taoiseach the population of the State at the end of each of the past ten years; and the estimate for the population of the State on 31 December 2005. [30461/05]

Population estimates are compiled on an annual basis in respect of mid-April. For census years the relevant census figure is taken. The following table provides population estimates for the past ten years. The figures for 2003 to 2005, inclusive, are preliminary and subject to revision after the publication of the 2006 census totals.

Mid-April Population

Year

Estimate (Thousands)

1996

3,626.1

1997

3,664.3

1998

3,703.1

1999

3,741.6

2000

3,789.5

2001

3,847.2

2002

3,917.2

2003

3,978.9

2004

4,043.8

2005

4,130.7

Departmental Expenditure.

John Deasy

Ceist:

216 Mr. Deasy asked the Taoiseach the amount which has been spent by his Department in bringing into effect the provisions of the Official Languages Act 2003. [30523/05]

As part of its commitment to the principles of quality customer service, my Department has always sought to ensure that customers who wish to conduct their business through Irish can do so. Expenditure on providing such services, therefore, cannot be considered as arising exclusively from the provisions of the Official Languages Act, as they also arise from our existing commitments to our customers as outlined in our customer charter, which states: "We will ensure that customers who wish to conduct their business through Irish can do so."

My Department was among the first of the public bodies to draft schemes under the Official Languages Act in relation to the delivery of our services to the public in Irish. My Department's scheme for the years 2005 to 2008 was published on 26 July 2005 and will commence on 1 September 2005. It is not expected that implementation of the scheme will give rise to substantial costs additional to those which were being incurred prior to its commencement. However, it has been possible to identify certain costs arising specifically from implementation of the Act to date. These are the translation of the scheme into Irish —€972 and the design and printing of the scheme —€5,250. This gives a total amount of €6,222 to date. We also anticipate that approximately €7,000 to €10,000 will be spent up to the end of 2005 on in-house Irish language and other related training for staff and on certain translation costs.

Infectious Diseases.

Ruairí Quinn

Ceist:

217 Mr. Quinn asked the Tánaiste and Minister for Health and Children the plans in place to address a generic pandemic of influenza or any other transmittable disease here; the specific quarantine and isolation procedures which would be put into effect when required for both individuals and groups and geographical areas; the triggers required before quarantine of an individual, group or area is enforced; the stocks of vaccines and treatments in place to treat not only a specific threat such as avian influenza but also non-specific threats such as a different strain of influenza; the funding available during the first response to the outbreak of a pandemic to the groups involved; the triggers required to release such funding to both events and executive actions; the command structure available to be put in place at extremely short notice to co-ordinate national operations in the event of a pandemic; the person who is the head of such a command structure; the person who is the head of such a command structure in the event of absence or incapacity of the head of that command structure at the time of an outbreak the person or persons who are authorised to act as the head of the command structure; the organisations which would be involved in any such operations; the co-ordinated training and exercise which has taken place with the organisations involved; the results of these exercises; the cost of these exercises to the Exchequer both direct and indirect through redirection of resources from other duties; and if she will make a statement on the matter. [30022/05]

Seamus Kirk

Ceist:

239 Mr. Kirk asked the Tánaiste and Minister for Health and Children the steps she has taken regarding the threat of avian influenza reaching Ireland; if sufficient vaccine is in stock; and if she will make a statement on the matter. [30127/05]

I propose to take Questions Nos. 217 and 239 together.

Avian influenza —"bird flu"— is an infectious disease of birds caused by the type A strains of the influenza virus. The Department of Agriculture and Food is responsible for controlling avian influenza in birds and mammals other than humans. That Department has a contingency plan for avian influenza and all questions relating to this should be referred to my colleague, the Minister for Agriculture and Food, Deputy Coughlan.

According to the World Health Organisation, the spread of the A/H5N1 virus to poultry in new areas is of concern as it increases opportunities for further human cases to occur. However, all evidence to date indicates that the H5N1 virus does not spread easily from birds to infect humans. The WHO level of pandemic alert remains unchanged at phase 3 — a virus new to humans is causing infections but does not spread easily from one person to another.

My Department and the Health Service Executive are closely monitoring avian influenza developments with particular reference to the public health implications. The overall aims of influenza pandemic planning are to reduce mortality and morbidity and minimise the resulting disruption to society. However, the consequences of a global pandemic are still likely to be serious. Pandemic planning can only mitigate the effects and my Department and the Health Service Executive are working closely together on pandemic planning.

A generic public health emergency plan for the health system was prepared in 2004. This included disease specific operational response plans in relation to SARS, pandemic influenza and smallpox. These plans identify key actions which must be undertaken before and during a major public health threat. The responses are structured within the following functional areas: surveillance, health services, public health measures, vaccines-antivirals, etc., communications, laboratories and materials management. The pandemic influenza plan is being updated to reflect the most up-to-date advice of the influenza pandemic expert group and the World Health Organisation. Social distancing measures will be considered in the context of public health measures generally.

The public health emergency plan provides for a command and control structure with strategic and operational components. My Department has responsibility for the strategic issues while the Health Service Executive continues to have responsibility for operational issues. The Secretary General of my Department chairs the team which will co-ordinate the response at national level and the chief medical officer of my Department will act as head of the team in the absence of the Secretary General for whatever reason. The national team had its first official meeting in July 2005.

The public health emergency plan may be activated following consideration of advice from the chief medical officer or relevant personnel in the Health Service Executive or from an outside agency such as the European Union or World Health Organisation. The Health Service Executive held regional influenza pandemic exercises earlier this year to test its regional plans. The results of these exercises will be taken into account in updating the national plan. The European Commission is organising a command post pandemic influenza exercise to test communications, exchanges of information and interaction between the competent authorities at EU level and the co-ordination and interoperability of national plans. Ireland is participating in this exercise, which is being funded by the Commission. The dates are not being publicly announced to make the exercise as realistic as possible.

Influenza pandemics are caused when a new flu virus emerges to which people have no immunity. As it is new, a vaccine can only be manufactured once the new strain emerges. It should be noted that it will take at least four to six months from the time a pandemic flu strain emerges to develop and manufacture a vaccine. A vaccine is in development which could offer some protection against an H5N1 influenza strain. International experts consider that a stockpile of H5N1 vaccine could be used as a first line of defence for frontline health and emergency staff while a vaccine against the exact pandemic influenza strain is manufactured.

It was decided in August on foot of expert advice that a limited amount of H5N1 vaccine should be purchased. It is intended to purchase 400,000 doses, which is sufficient for 200,000 people. My Department is actively pursuing this matter. H5N1 vaccines will not be available anywhere before March-April 2006.

Antivirals can shorten the duration of the disease and alleviate symptoms. We have an emergency supply of more than 45,000 treatment packs of antivirals — Tamiflu®— and 10,000 units of paediatric suspension. We are stockpiling a further 1 million treatment packs of Tamiflu®. This quantity is sufficient to treat 25% of the population. Of these, 600,000 packs will be delivered by the end of this year while the remaining 400,000 packs will be delivered next year. Plans for the storage and distribution of antivirals are being developed as part of the planning process. The size of the stockpile is in line with international trends.

Pension Provisions.

Enda Kenny

Ceist:

218 Mr. Kenny asked the Tánaiste and Minister for Health and Children the reason a person (details supplied) who was made redundant following the abolition of the National Rehabilitation Board in 2000 and who was subsequently deemed to be owed an abolition of office pension by the High Court has to date not received any payment from the Health Service Executive, the successor to the ERHA which assumed responsibility for National Rehabilitation Board pensions; and if she will make a statement on the matter. [30027/05]

Enda Kenny

Ceist:

225 Mr. Kenny asked the Tánaiste and Minister for Health and Children the reason a person (details supplied) has not received payment from the Health Service Executive; and if she will make a statement on the matter. [30037/05]

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

I should explain that this case has been under consideration in my Department and that, following this consideration, my Department has recently been in contact with the Health Service Executive in the matter. As this matter is now with the Health Service Executive, my Department has asked the parliamentary affairs division of the executive to reply directly to the Deputy in regard to the payment in question.

Medical Aids and Appliances.

Finian McGrath

Ceist:

219 Mr. F. McGrath asked the Tánaiste and Minister for Health and Children if assistance will be given to a person (details supplied) for digital hearing aids; and if she will give the maximum support and assistance. [30097/05]

Finian McGrath

Ceist:

232 Mr. F. McGrath asked the Tánaiste and Minister for Health and Children if assistance will be given to a person (details supplied) for digital hearing aids; and if she will give the maximum support and assistance. [30096/05]

I propose to take Questions Nos. 219 and 232 together.

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

Nursing Homes.

Kathleen Lynch

Ceist:

220 Ms Lynch asked the Tánaiste and Minister for Health and Children the person with responsibility for a regulatory and inspection function in a home (details supplied); and if she will make a statement on the matter. [30301/05]

The Department of Health and Children has examined records related to the home in question. Evidence of a regulatory or inspection role has not been found on these papers and, as a result, it is not possible to indicate who had responsibility for this function. The home in question was a private home and admissions were primarily made by the families of the home's clients.

Proposed Legislation.

Ciarán Cuffe

Ceist:

221 Mr. Cuffe asked the Tánaiste and Minister for Health and Children her plans to transpose the rights enshrined in the United Nations Convention on the Rights of the Child into Irish law. [30607/05]

Ireland ratified the UNCRC without reservation on 21 September 1992. The convention entered into force for Ireland on 21 October 1992. Similar to other common law countries, Ireland has a "dualist" system under which international agreements to which Ireland becomes a party are not automatically incorporated into domestic law.

Article 29.3 of the Constitution of Ireland states: "Ireland accepts the generally recognised principles of international law as its rule of conduct in its relations with other States." Article 29.6 of the Constitution of Ireland provides: "No international agreement shall be part of the domestic law of the State save as may be determined by the Oireachtas." These constitutional provisions have been interpreted as precluding the Irish courts from giving effect to an international agreement if it is contrary to domestic law or grants rights or imposes obligations additional to those of domestic law. Consequently, whereas Ireland has ratified the UNCRC, the convention did not thereby automatically become part of Irish law. There are no plans at present to transpose the convention into Irish law.

Services for People with Disabilities.

Catherine Murphy

Ceist:

222 Ms C. Murphy asked the Tánaiste and Minister for Health and Children the action she proposes to take in view of the need identified by the eastern regional autism service for the extension of multidisciplinary special needs service provision (details supplied) from primary school level to secondary school level to ensure that this extension of services transpires; if she has sought funding or has allocated funding to facilitate such an extension of services; the reason such services are currently unavailable to children at secondary level when they are available to children at pre-school and primary levels; and if she will make a statement on the matter. [30652/05]

Catherine Murphy

Ceist:

223 Ms C. Murphy asked the Tánaiste and Minister for Health and Children her plans to accommodate the 75 children currently on the waiting list for multidisciplinary services provided by the eastern regional autism service; and if she will make a statement on the matter. [30655/05]

I propose to take Questions Nos. 222 and 223 together.

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

Nursing Home Regulations.

Richard Bruton

Ceist:

224 Mr. Bruton asked the Tánaiste and Minister for Health and Children the rules governing the operation of patient accounts in public nursing homes; the action taken in respect of outstanding balances in such accounts in the event of the death of a patient to refund this balance to the family concerned. [30036/05]

The Health Service Executive administers a patient private property account system to manage the private money of patients in long-stay care. Previously, different health boards employed various methodologies for the administration of accounts depending on legal advice received by different boards as to how they should operate.

Following the establishment of the HSE, clarification was sought from senior counsel as to the precise relationship that should exist between the HSE and patients in its care and to put in place one standardised system for the operation of these accounts. This legal advice was received by the HSE in September of this year and led to the establishment of a multidisciplinary working group on patient private property accounts. The working group was established to ensure the administration of these accounts: meets all legal and regulatory requirements; operates in the best interests of patients in as responsive way as practical; takes appropriate account of, in so far as is practical, the input of patients relatives and friends; is consistent with best practice in terms of financial controls, transparent accountability and corporate governance arrangements; and is efficient and represents value for money in the use of staff and HSE resources.

Following the death of a patient there is a legal obligation on the HSE to ensure any funds held on behalf of the patient are preserved for the beneficiaries of the patient's estate. In circumstances in which a patient has made a will and the executor obtains a grant of probate, the HSE releases any funds remaining in the patient's property account to the executor. In circumstances in which the patient has died intestate and a grant of administration is obtained by his or her personal legal representatives, the HSE releases any funds remaining to the administrators who would normally be a surviving spouse or next of kin. Where a patient dies intestate and there are no next of kin, as defined in the succession Acts, the State is the ultimate successor and any funds in the patient's private property account are transferred to the Chief State Solicitor's Office.

Question No. 225 answered with QuestionNo. 218.

Health Services.

Tom Hayes

Ceist:

226 Mr. Hayes asked the Tánaiste and Minister for Health and Children the position regarding the case of an application for additional home help hours by a person (details supplied) in County Tipperary. [30038/05]

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 have a reply issued directly to the Deputy.

Tom Hayes

Ceist:

227 Mr. Hayes asked the Tánaiste and Minister for Health and Children the position regarding the case of an application for additional home help hours for persons (details supplied) in County Tipperary. [30039/05]

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 have a reply issued directly to the Deputy.

Hospital Services.

Michael Ring

Ceist:

228 Mr. Ring asked the Tánaiste and Minister for Health and Children when a person (details supplied) in County Mayo will be called to the Mater Hospital for open heart surgery. [30040/05]

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 case investigated and have a reply issued directly to the Deputy.

Services for People with Disabilities.

John Perry

Ceist:

229 Mr. Perry asked the Tánaiste and Minister for Health and Children her plans to increase funding for personal assistant service for persons with disabilities in counties Sligo and Leitrim; and if she will make a statement on the matter. [30042/05]

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 have a reply issued directly to the Deputy.

Health Service Executive.

Breeda Moynihan-Cronin

Ceist:

230 Ms B. Moynihan-Cronin asked the Tánaiste and Minister for Health and Children her views on the contents of a letter sent to Professor Brendan Drumm and copied to her (details supplied); and if she will make a statement on the matter. [30094/05]

The letter referred to by the Deputy 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. I understand this letter is being dealt with by the Health Service Executive.

Health Services.

John McGuinness

Ceist:

231 Mr. McGuinness asked the Tánaiste and Minister for Health and Children if payment will be made to a person (details supplied) in County Kilkenny under the national repayment scheme; if a decision in the case will be expedited. [30095/05]

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 have a reply issued directly to the Deputy.

Question No. 232 answered with QuestionNo. 219.

Departmental Statistics.

John Deasy

Ceist:

233 Mr. Deasy asked the Tánaiste and Minister for Health and Children the numbers of acute hospital beds per 1,000 population in each of the former health board areas in the years 1987, 1992, 1997, 2002 and in September 2005. [30098/05]

The information requested is being provided directly to the Deputy.

Health Services.

Finian McGrath

Ceist:

234 Mr. F. McGrath asked the Tánaiste and Minister for Health and Children if a care plan will be put in place for a person (details supplied) in Dublin 5; and if she will give the maximum assistance in the home help service. [30099/05]

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 have a reply issued directly to the Deputy.

Medical Aids and Appliances.

M. J. Nolan

Ceist:

235 Mr. Nolan asked the Tánaiste and Minister for Health and Children the reason there is a substantial waiting list for aids and appliances within the Carlow-Kilkenny community care area for disabled children and adults; and if she will make a statement on the matter. [30100/05]

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 have a reply issued directly to the Deputy.

Hospital Waiting Lists.

Breeda Moynihan-Cronin

Ceist:

236 Ms B. Moynihan-Cronin asked the Tánaiste and Minister for Health and Children the number of children awaiting assessment by the Health Service Executive southern area at a clinic (details supplied) in County Kerry; the average waiting time for an appointment; and if she will make a statement on the matter. [30101/05]

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 have a reply issued directly to the Deputy.

Mental Health Services.

Richard Bruton

Ceist:

237 Mr. Bruton asked the Tánaiste and Minister for Health and Children if she has received a report on the shortage of step-down accommodation in the community for persons recovering from mental illness who need a half-way house; if her attention has been drawn to the fact that there is a waiting list for such accommodation (details supplied); and if she will make funds available to extend this service. [30102/05]

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 the matter investigated and to have a reply issued directly to the Deputy.

Eating Disorders.

Finian McGrath

Ceist:

238 Mr. F. McGrath asked the Tánaiste and Minister for Health and Children the strategy in place to assist young persons with eating disorders; and if she will make a statement on the matter. [30126/05]

Responsibility for the management and treatment of a person with an eating disorder rests with the individual patient's clinician. However, persons presenting with eating disorders are generally treated through the local psychiatric services. Outpatient psychiatric services are provided from a network of hospitals, health centres, day hospitals and day centres.

An expert group on mental health policy is currently preparing a new national framework for the further modernisation of the mental health services, updating the 1984 policy document, Planning for the Future. The expert group has a number of sub-groups looking at specialist issues in mental health services, including the development of services and facilities for the treatment of eating disorders. The expert group is expected to complete its work later this year.

Question No. 239 answered with QuestionNo. 217.

Hospital Services.

John Perry

Ceist:

240 Mr. Perry asked the Tánaiste and Minister for Health and Children the funds she will make available to provide a taxi service from County Sligo for patients who have to travel to Dublin for radiotherapy and chemotherapy services (details supplied); and if she will make a statement on the matter. [30128/05]

As I have previously stated to the House, I consider that appropriate transport arrangements for oncology patients should be made available, where necessary, by the Health Service Executive. My Department has asked the HSE to advise the Deputy directly regarding current and proposed transport arrangements for oncology patients in the Sligo area.

Ambulance Service.

Pat Breen

Ceist:

241 Mr. P. Breen asked the Tánaiste and Minister for Health and Children if she will meet a deputation (details supplied) regarding the extension of cover to 24 hours for a town’s ambulance station service; if she will provide the funding through the Health Service Executive so that extra emergency medical technician personnel can be employed for same; and if she will make a statement on the matter. [30130/05]

I am keen to see effective ambulance services in all counties and regions of the country working to deliver emergency care in our regional hospitals network.

The Deputy's question does, however, relate to the provision of ambulance services, which are the responsibility of the Health Service Executive. Accordingly, my Department has requested the parliamentary affairs division of the executive to examine the service issue raised and to have a reply issued directly to the Deputy. In my view, any request for a meeting regarding the matter would appropriately be addressed to the executive.

Services for People with Disabilities.

Finian McGrath

Ceist:

242 Mr. F. McGrath asked the Tánaiste and Minister for Health and Children to ensure that personal assistants for people with a physical disability are adequately funded in 2006 and to expand the service for a person (details supplied) in County Mayo; and to work with other Departments on the matter. [30131/05]

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 the matter investigated and to have a reply issued directly to the Deputy.

Housing Aid for the Elderly.

Paul Kehoe

Ceist:

243 Mr. Kehoe asked the Tánaiste and Minister for Health and Children the position of an application for special housing aid for the elderly for a person (details supplied) in County Wexford; if the medical information submitted assisted in bringing forward the person’s application; and if she will make a statement on the matter. [30133/05]

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. That includes responsibility for the provision of the housing aid scheme for the elderly, on behalf of the Department of the Environment, Heritage and Local Government. Accordingly, the Department has requested the parliamentary affairs division of the executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Special Residential Services Board.

Richard Bruton

Ceist:

244 Mr. Bruton asked the Tánaiste and Minister for Health and Children if she will make a statement on the purpose and function of the Special Residential Services Board; the number of members on the Special Residential Services Board; the remuneration of the board; the number of children the board is responsible for; the number of residential beds the board is responsible for; and the number of care staff the board is responsible for. [30138/05]

The Special Residential Services Board is provided for under Part 11 of the Children Act 2001. The board was established on a statutory basis on 7 November 2003.

The purpose of the board is to advise the Ministers for Health and Children and Education and Science on policy relating to the remand and detention of children and ensure the efficient, effective and co-ordinated delivery of services to children in respect of whom children detention orders or special care orders are made.

The functions of the board are defined in Part 11 — section 227 (1)(a)-(i), but in brief are: to advise the Ministers on policy issues relating to the remand and detention of children, and on the provision of accommodation and services to detained children; to co-ordinate the delivery of services to detained children and to ensure appropriate and efficient utilisation of the schools and units where children are detained; to liaise with and advise the courts, on request, on appropriate placements for offending and non-offending children; to give the board’s views to the courts on special care applications; to arrange and take part in seminars and conferences to promote agency co-ordination and the use of best practice; to collect, maintain, research and evaluate statistics and other data relating to children, to inform policy; and to ensure that a co-ordinated approach is adopted in the development and provision of the necessary programmes, physical infrastructure and training of staff in the units.

The membership of the board is set out in section 230 of the Children Act 2001 and consists of the chair and 12 other members. In accordance with the Act, the membership of the board is comprised of: three representatives of the children detention schools, nominated by the Minister for Education and Science; three representatives of the Health Service Executive; three experts in child care; three experts in the educational needs of detained children, nominated by the Minister for Education and Science, of whom one shall be a member of the school attendance service; and a probation and welfare officer nominated by the principal probation and welfare officer.

The term of office of the chairperson and other members of the board shall not be for more than four years, and each member shall be eligible for re-appointment. The board members of the Special Residential Services Board are not remunerated. In accordance with section 234 of the Act, the chairperson receives an annual stipend of €10,157.90, payment of which was approved by my Department. That stipend is paid in accordance with the provisions of the code of practice for the governance of State bodies.

The children detained in children detention schools are the responsibility of the Department of Education and Science, and the children detained in special care units are the responsibility of the Health Service Executive. The Special Residential Services Board is not directly responsible for the provision of beds in special residential care, but the board monitors the level of provision and use of 114 beds in children detention schools and 30 beds in special care units to advise the Ministers on policy, with a view to co-ordination, and to inform best practice.

The care staff employed in special residential care are not the direct responsibility of the Special Residential Services Board, but the board has a role in ensuring a co-ordinated approach to the training of the staff of children detention schools and special care units.

Community Pharmacy Services.

Richard Bruton

Ceist:

245 Mr. Bruton asked the Tánaiste and Minister for Health and Children if stocks of the vitamin B12 injection have been replenished and distributed to areas in need of same; the reason for the delay; and if she will ensure that such shortages do not occur again. [30139/05]

The manufacturers of the product referred to by the Deputy have advised my Department that, owing to problems in the manufacturing process, it is temporarily unavailable in either Ireland or the UK.

I have had inquiries made into the matter, and I understand that there is an alternative product available in community pharmacies for people prescribed the original product.

Children in Care.

Richard Bruton

Ceist:

246 Mr. Bruton asked the Tánaiste and Minister for Health and Children the number of children catered for residentially in a centre (details supplied) in County Dublin since its establishment; the number of children residing there at present; the number of staff employed and personnel costs each year to date since its establishment; the ratio of staff to children; the running costs of the building each year since its establishment; and the capital investment involved in its building. [30145/05]

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 the matter investigated and to have a reply issued directly to the Deputy.

Richard Bruton

Ceist:

247 Mr. Bruton asked the Tánaiste and Minister for Health and Children the number of children that have been catered for residentially in the Wexford high-support unit since its establishment; the number of children currently in residence; the number of staff employed there at present; the staff costs each year since establishment; the running costs each year since establishment; and the capital investment involved in its building. [30146/05]

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 the matter investigated and to have a reply issued directly to the Deputy.

Richard Bruton

Ceist:

248 Mr. Bruton asked the Tánaiste and Minister for Health and Children the number of children catered for by the State in each high-support unit around the country since 1998 to date; the number of children able to be catered for residentially in each unit since 1998; the ratio of carers to children since 1998; the average cost of running each unit each year since 1998; and the capital investment involved in each unit. [30148/05]

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 the matter investigated and to have a reply issued directly to the Deputy.

Richard Bruton

Ceist:

249 Mr. Bruton asked the Tánaiste and Minister for Health and Children when Coovagh House will be reopened; the reason for its closure; the number of children it has catered for residentially; the running costs of the building each year since its establishment; and the capital investment involved in its building. [30149/05]

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 the matter investigated and to have a reply issued directly to the Deputy.

Consultancy Contracts.

Richard Bruton

Ceist:

250 Mr. Bruton asked the Tánaiste and Minister for Health and Children the guidelines in place for the commissioning of outside expertise in the consultancy and public relations fields; and if ministerial approval is required for expenditure on such commissions. [30153/05]

My Department applies stringent controls regarding the employment of external consultancy assistance. Under existing procedures, a business case must be prepared to support the need for the consultancy and approved at either principal officer or MAC level, as appropriate. Funding to support the procurement, which can be project-specific or from the Department's administrative budget, must be identified and approved before any commitment is made. The procurement of all consultancies must comply with public procurement law and meet requirements under both national guidelines and European rules. Once awarded, each procurement contract must be managed in accordance with the Department's best practice.

In addition to measures recently announced by the Government to ensure the appropriate use of consultancy assistance across the Civil Service, I have also now introduced additional procedures in my Department to ensure that the business cases for all such contracts receive my approval.

Richard Bruton

Ceist:

251 Mr. Bruton asked the Tánaiste and Minister for Health and Children the percentage of reports, consultancies and cases from external commissions where the issue of poor value for money was highlighted in her Department from 1998 to date in 2005. [30168/05]

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

Health Services.

John McGuinness

Ceist:

252 Mr. McGuinness asked the Tánaiste and Minister for Health and Children if a medical report is available in the case of a person (details supplied) in County Kilkenny; if the Health Service Executive will provide the home aids required in this case; and if she will make a statement on the matter. [30201/05]

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 the matter investigated and to have a reply issued directly to the Deputy.

Grant Payments.

John McGuinness

Ceist:

253 Mr. McGuinness asked the Tánaiste and Minister for Health and Children if a medical officer’s report will be expedited in the case of persons (details supplied) in County Kilkenny who have made an application under the disabled person’s grant scheme. [30202/05]

The preparation of medical reports at the request of local authorities in respect of applicants for the disabled person's grant is a service provided by the Health Service Executive from within existing resources. Accordingly, my Department has requested the parliamentary affairs division of the executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Services for People with Disabilities.

Tom Hayes

Ceist:

254 Mr. Hayes asked the Tánaiste and Minister for Health and Children if she will intervene in the case of a person (details supplied) in County Tipperary who has had a request for additional home help hours rejected. [30224/05]

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 the matter investigated and to have a reply issued directly to the Deputy.

Homeless Persons.

Seán Haughey

Ceist:

255 Mr. Haughey asked the Tánaiste and Minister for Health and Children if she will provide funding for the provision of emergency hostel accommodation for psychiatric patients; her policy regarding this issue; and if she will make a statement on the matter. [30226/05]

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 the matter investigated and to have a reply issued directly to the Deputy.

Health Service Executive.

Mary Upton

Ceist:

256 Dr. Upton asked the Tánaiste and Minister for Health and Children if her attention has been drawn to the fact that it has taken the regional chief executive of the Eastern Health Board until 30 September 2005 to answer Parliamentary Question No. 203 of 20 October 2004 (details supplied), which she told Dáil Éireann on 20 October 2004 she was referring to the regional chief executive; and if she will make a statement on the matter. [30231/05]

The Department is working closely with the Health Service Executive to develop a parliamentary affairs division under the chief executive to distribute parliamentary questions and to track them within the HSE to the point of reply. The HSE's parliamentary affairs division commenced operations at the beginning of last April. It is intended that these new arrangements will enhance performance in providing timely replies to Oireachtas Members in future.

The executive has informed me that it wishes to convey its apologies for the delay in responding in the case referred to by the Deputy.

Medical Cards.

Caoimhghín Ó Caoláin

Ceist:

257 Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Health and Children the estimated cost of the extension of the full medical card to all persons here under 18. [30240/05]

On the basis of the figures contained in the 2004 annual report of the former General Medical Services (Payments) Board, which is now the Health Service Executive, shared services, primary care reimbursement service, it is estimated that the additional cost involved if medical cards were provided to all those aged under 18 would be approximately €223 million. That estimate is calculated with reference to the average annual capitation fees paid to general practitioners and the average costs of drugs and medicines and fees paid to pharmacists for patients in that age cohort at the end of 2004. It also includes an estimate of other costs such as practice support, superannuation and other allowances payable to GPs.

The estimate does not take into account any fee increases which would apply under the terms of the Labour Relations Commission's recommendations of 20 June 2005 or any additional costs that might result from future industrial relations negotiations.

Caoimhghín Ó Caoláin

Ceist:

258 Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Health and Children the estimated cost of the extension of the general practitioner-only medical card to all persons here under 18. [30241/05]

On the basis of the figures contained in the 2004 annual report of the former General Medical Services (Payments) Board, which is now the Health Services Executive, shared services, primary care reimbursement service, it is estimated that the additional cost involved if GP visit cards were provided to all those under 18 years would be approximately €150 million. That estimate is calculated with reference to the average annual capitation fees paid to general practitioners and includes an estimate of other costs such as practice support, superannuation and other allowances payable to GPs.

The estimate does not take into account any fee increases which would apply under the terms of the Labour Relations Commission's recommendations of 20 June 2005 or any additional costs that might result from future industrial relations negotiations.

Health Services.

Finian McGrath

Ceist:

259 Mr. F. McGrath asked the Tánaiste and Minister for Health and Children if assistance will be given to a person (details supplied) in County Dublin regarding medical expenses and other issues relating to that person’s disability. [30246/05]

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 the matter investigated and to have a reply issued directly to the Deputy.

Hospital Waiting Lists.

Paul Kehoe

Ceist:

260 Mr. Kehoe asked the Tánaiste and Minister for Health and Children if the different waiting times for persons waiting for psychotherapy, counselling or associated services throughout the country will be published; and if she will differentiate between those awaiting adolescent and child services. [30250/05]

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 the matter investigated and to have a reply issued directly to the Deputy.

Consultancy Contracts.

Richard Bruton

Ceist:

261 Mr. Bruton asked the Tánaiste and Minister for Health and Children if the Government is considering any legal action against the consultants on the PPARS project to recover lost money; if she has seen the contracts for engaging the consultants; and if she has sought legal advice on the potential for enforcing penalty or performance clauses within that contract. [30256/05]

The management of PPARS contractual relationships is a matter for the Health Service Executive, HSE.

As the Deputy is aware, the HSE, at its board meeting on 6 October 2005, decided to put on hold the further roll-out of PPARS in the HSE west, south, south east, east and north east pending a review. That review is currently under way, and my Department and the Department of Finance are represented on the review group.

Following that decision, the HSE sought and received legal advice on the management of its contractual relationships. That advice recommended that the contract be suspended, as provided for in the contract, and arrangements have been made to give effect to that decision by the HSE, pending the review.

My Department and the Department of Finance will be considering the outcome of that review as soon as it becomes available. The Deputy will be aware that the Government has decided on a new system for the management and control of major IT projects and on new measures to improve the management of consultants.

Health Service Executive.

Caoimhghín Ó Caoláin

Ceist:

262 Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Health and Children if payments over and above salaries have been made to members of senior management of the former health boards who took up positions in the Health Service Executive; the individual payments and the cost; and if she will make a statement on the matter. [30262/05]

In addition to their salaries, staff may be eligible to receive payments such as travel and subsistence payments, performance-related awards and the like. I am not aware of any payments to senior management staff in the former health boards who took up positions in the Health Service Executive that are not in accordance with their agreed terms and conditions. If the Deputy has incidents in mind, he might let me have the details, and I will contact the chief executive officer of the Health Service Executive on the matter.

Inquiry Terms of Reference.

Caoimhghín Ó Caoláin

Ceist:

263 Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Health and Children the terms of reference of the inquiry into the death of Mr. Patrick Walsh in Monaghan General Hospital; and if she will make a statement on the matter. [30263/05]

Caoimhghín Ó Caoláin

Ceist:

289 Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Health and Children the terms of reference provided by a person (details supplied) for the carrying out of their inquiry into the circumstances of, and that led to, the tragic death of Mr. Patrick Walsh in Monaghan General Hospital on 14 October 2005; and if she will make a statement on the matter. [30613/05]

I propose to take Questions Nos. 263 and 289 together.

Following the tragic death of Mr. Patrick Walsh in Monaghan General Hospital on 14 October 2005, the Health Service Executive commissioned Mr. Patrick Declan Carey, a consultant surgeon at Belfast City Hospital, and an honorary senior lecturer at Queen's University, to carry out an independent and external review. The review is to be completed, and a report issued, within eight weeks. My Department is advised by the executive that the terms of reference are being finalised.

Health Services.

Michael Ring

Ceist:

264 Mr. Ring asked the Tánaiste and Minister for Health and Children the reason no reply has issued from the Health Service Executive to Parliamentary Question No. 81 of 29 September 2005; and if a full and detailed reply will be issued. [30269/05]

I have been advised that the Health Service Executive has now written to the Deputy concerning the issue raised.

Health and Safety Regulations.

Liz McManus

Ceist:

265 Ms McManus asked the Tánaiste and Minister for Health and Children if she has received a copy of the report by the Construction Workers’ Health Trust, Patterns of Ill-Health in Irish Construction Workers; her views on same; and if she will make a statement on the matter. [30272/05]

I have reviewed the report referred to by the Deputy.

A settings approach to health promotion is internationally recognised, and the Health Promotion Strategy 2000-2005 identifies the workplace as an important setting for the development of health promotion programmes.

In recognition of the importance of the workplace setting, the health promotion unit of my Department has supported the appointment of regional workplace co-ordinators in the former health boards. Those co-ordinators are building alliances with all stakeholders to ensure that workplace health promotion programmes are developed and sustained.

The health promotion unit has also provided direct grant aid to the Construction Employees' Health Trust in support of many of the activities of that organisation.

Health Services.

Richard Bruton

Ceist:

266 Mr. Bruton asked the Tánaiste and Minister for Health and Children the length of time that children in primary schools have to wait before obtaining the dental check from the Health Service Executive; the number of checks carried out in each year over the past five years; if the waiting time is the same throughout all parts of the country; and if she will make a statement on the matter. [30279/05]

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 the matter investigated and to have a reply issued directly to the Deputy.

Accident and Emergency Services.

Róisín Shortall

Ceist:

267 Ms Shortall asked the Tánaiste and Minister for Health and Children if, further to Parliamentary Question No. 257 of 8 July 2004, she will provide the corresponding figures from April 2005 to date; and if she will provide the specific dates from January 2003 to date in 2005 on which the Mater and Beaumont Hospitals went off-call for part of or for a whole day. [30282/05]

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

Health Services.

Dan Neville

Ceist:

268 Mr. Neville asked the Tánaiste and Minister for Health and Children when orthodontic treatment will be rendered to a person (details supplied) in County Limerick. [30306/05]

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.

National Drugs Strategy.

Aengus Ó Snodaigh

Ceist:

269 Aengus Ó Snodaigh asked the Tánaiste and Minister for Health and Children if she will implement the recommendations in the report of the Joint Committee on Arts, Sports, Tourism and Community, Rural and Gaeltacht Affairs in the treatment of cocaine addiction, with particular reference to the Irish experience. [29918/05]

This report makes a number of recommendations including the funding and expansion of treatment services for cocaine users. The Health Act 2004 provided for the Health Service Executive, which was established on 1 January 2005. Under the Act, the HSE has the responsibility to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. Accordingly, my Department has requested the Health Service Executive to investigate the matter raised and to reply directly to the Deputy.

In addition, the report makes recommendations in relation to the development of media information campaigns to underpin the wide variety of drug education and prevention work being undertaken. The health promotion unit of the Department, in fulfilling its obligations under the National Drugs Strategy 2001-2008, has developed and managed the national drugs awareness campaign over the past three years. The campaign aims to increase awareness among the general population and particular target groups about current problem drug use and its consequences across society. To date the campaign has developed four distinct phases, consisting of both advertising and public relations, which have targeted the general population, parents, 18-35 year olds and teenagers. The report also highlights the importance of drugs education from an early age, in conjunction with awareness raising campaigns.

In Ireland drugs education is delivered in schools through the social, personal and health education, SPHE, curriculum. Both my Department and the Department of Education and Science support the introduction and implementation of this curriculum area in schools. Since September 2003, SPHE has been mainstreamed in all primary and post-primary schools, for junior cycle students. A management committee is currently working on the development of an SPHE curriculum for senior cycle students.

Action 43 of the National Drugs Strategy also called for all schools to develop, through a process of consultation and partnership, a school substance use policy. To facilitate this process my Department, the Department of Education and Science and the HSE health areas have produced guidelines for schools to assist in developing policies. These have been circulated to all schools and highlight the importance of SPHE as the core preventative strategy for schools.

Immune Deficiency Disorders.

Olwyn Enright

Ceist:

270 Ms Enright asked the Tánaiste and Minister for Health and Children her policy on the care of cystic fibrosis patients; the steps she will take to ensure they are adequately segregated in hospital; and if she will make a statement on the matter. [30328/05]

Olwyn Enright

Ceist:

271 Ms Enright asked the Tánaiste and Minister for Health and Children her policy proposals to address the fact that the average age of death of cystic fibrosis patients here is 21 compared to 30 in Northern Ireland and 45 in the United States; and if she will make a statement on the matter. [30329/05]

I propose to take Questions Nos. 270 and 271 together.

Following the publication of the Pollock Report, commissioned by the Cystic Fibrosis Association of Ireland, the Health Service Executive established a multidisciplinary working group to review the current configuration and delivery of services to persons with cystic fibrosis in Ireland. The working group is also to make recommendations for the reconfiguration, improvement and development of those services. I understand that the work is at an advanced stage.

The provision of additional resources for the development of services for persons with cystic fibrosis will be considered in the light of the group's recommendations. I have arranged to meet with representatives of the Cystic Fibrosis Association of Ireland later this week to discuss the future needs of persons with cystic fibrosis.

Nursing Homes.

Fergus O'Dowd

Ceist:

272 Mr. O’Dowd asked the Tánaiste and Minister for Health and Children the nursing homes that the Health Service Executive had contracts of care with for each of the years 2000, 2001, 2002, 2003, 2004 and to date; if those nursing homes received adverse reports from the nursing home inspectorate; if such adverse reports were issued; the action taken by the Health Service Executive; if patients were removed from these homes which had adverse reports; if not the reason therefore; the number of contract beds in each nursing home; the number of beds in total in each home; and if she will make a statement on the matter. [30485/05]

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 HSE to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Fergus O'Dowd

Ceist:

273 Mr. O’Dowd asked the Tánaiste and Minister for Health and Children the medical condition of patients moved from public health institutions including psychiatric institutions to Leas Cross Nursing Home for each year since 2000; if they were satisfied that Leas Cross Nursing Home had at all times suitably qualified professional staff in the medical, nursing and psychiatric areas to deal with these medical conditions; and if she will make a statement on the matter. [30486/05]

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 HSE to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Fergus O'Dowd

Ceist:

274 Mr. O’Dowd asked the Tánaiste and Minister for Health and Children if contracts of care were signed and available in relation to all Health Service Executive contract beds in private nursing homes for each year since 2000; and if she will make a statement on the matter. [30487/05]

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 HSE to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Fergus O'Dowd

Ceist:

275 Mr. O’Dowd asked the Tánaiste and Minister for Health and Children the qualifications of each of the nurses employed in Leas Cross Nursing Home for each of the years 2003, 2004 and 2005, if the nurses had specialist nursing qualifications; and if she will make a statement on the matter. [30488/05]

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 HSE to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Fergus O'Dowd

Ceist:

276 Mr. O’Dowd asked the Tánaiste and Minister for Health and Children the qualifications of each of the nurses employed in Bedford Nursing Home for each of the years 2000, 2001, 2002, 2003, 2004 and to date in 2005; if the nurses had specialist nursing and psychiatric qualifications; and if she will make a statement on the matter. [30489/05]

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 HSE to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Fergus O'Dowd

Ceist:

277 Mr. O’Dowd asked the Tánaiste and Minister for Health and Children the position regarding the examination of deaths in Leas Cross Nursing Home; the number of deaths which are being examined; if a report has been completed; if she has received the report; if she will publish the report; and if she will make a statement on the matter. [30490/05]

Fergus O'Dowd

Ceist:

278 Mr. O’Dowd asked the Tánaiste and Minister for Health and Children if seven patients died in Leas Cross Nursing Home within one month of their arrival from St. Ita’s, Portrane; if this case is being investigated; if a report has been completed; if she has received the report; if she will publish the report; and if she will make a statement on the matter. [30491/05]

I propose to take Questions Nos. 277 and 278 together.

The Health Service Executive has advised that it has appointed a professor of geriatric medicine to independently review the deaths of residents of Leas Cross Nursing Home. The review commenced on 1 September 2005 and involves 95 deaths. It is not possible at this stage to mention the previous accommodation of the persons whose deaths are being examined. The HSE has advised that it is expected that the review will be finished by the end of December 2005.

Fergus O'Dowd

Ceist:

279 Mr. O’Dowd asked the Tánaiste and Minister for Health and Children if she has carried out investigations into deaths in nursing homes for each year since 2000 to date; the number of investigations being carried out and the health regions within which they are taking place; and if she will make a statement on the matter. [30492/05]

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 HSE to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Fergus O'Dowd

Ceist:

280 Mr. O’Dowd asked the Tánaiste and Minister for Health and Children if she will publish the Hynes report; when it will be published; and if she will make a statement on the matter. [30493/05]

The Tánaiste wishes the report to be published. I understand from the Health Service Executive that it hopes to be in a position to make the report available in early November, 2005.

Health Services.

Dan Neville

Ceist:

281 Mr. Neville asked the Tánaiste and Minister for Health and Children when physiotherapy will be administered to a person (details supplied) in County Limerick. [30494/05]

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 HSE to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Hospital Waiting Lists.

John Perry

Ceist:

282 Mr. Perry asked the Tánaiste and Minister for Health and Children if a person (details supplied) will be admitted to Beaumont Hospital; and if she will make a statement on the matter. [30497/05]

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 HSE to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Departmental Expenditure.

John Deasy

Ceist:

283 Mr. Deasy asked the Tánaiste and Minister for Health and Children the amount which has been spent by her Department in bringing into effect the provisions of the Official Languages Act 2003. [30524/05]

This Department does not separately account for expenditure related to the Official Languages Act and so the information sought is not directly available. However, information on translation and advertising costs, excluding VAT, currently to hand is as follows: costs to 30 June 2005 —€54,680; estimated costs for July to December 2005 —€128,000.

The provision in my Department's administrative budget is expected to be sufficient to meet any needs arising in the current year.

Health Services.

Cecilia Keaveney

Ceist:

284 Cecilia Keaveney asked the Tánaiste and Minister for Health and Children the number of music therapists working under the Health Service Executive. [30542/05]

Cecilia Keaveney

Ceist:

285 Cecilia Keaveney asked the Tánaiste and Minister for Health and Children the number of vacancies within the Health Service Executive for music therapists. [30543/05]

Cecilia Keaveney

Ceist:

286 Cecilia Keaveney asked the Tánaiste and Minister for Health and Children her views on whether the use of music therapy is important to the treatment of both paediatric and geriatric patients in view of international research on this issue; and if she will make a statement on the matter. [30544/05]

I propose to take Questions Nos. 284 to 286, inclusive, together.

Both the Department and the Health Service Executive support the use of music therapy in the treatment of paediatric and geriatric patients and recognise the positive benefits for patients when music therapy is used in their treatment.

As regards the number of music therapists working in the HSE, this is a matter for the executive and my Department has requested its parliamentary affairs division to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Cancer Research.

Denis Naughten

Ceist:

287 Mr. Naughten asked the Tánaiste and Minister for Health and Children the funding allocated by her for research on breast cancer for each year from 2000 to date; and if she will make a statement on the matter. [30556/05]

Denis Naughten

Ceist:

288 Mr. Naughten asked the Tánaiste and Minister for Health and Children the funding allocated by her for research on prostate cancer for each year from 2000 to date; and if she will make a statement on the matter. [30557/05]

I propose to take Questions Nos. 287 and 288 together.

Since 1997, there has been an additional cumulative investment of €720 million in the development of cancer services nationally, including the sum of €23.5 million which was made available in 2005. The Health Research Board, HRB, is the statutory body that promotes, conducts, funds and commissions medical, epidemiological and health services research in Ireland. The HRB has advised my Department that since 2000, funding of approximately €1.76 million has been made available for research into breast cancer and €0.35 million for research into prostate cancer.

Under the Ireland-Northern Ireland-National Cancer Institute consortium, an all-island infrastructure to co-ordinate the clinical trial activity of hospitals on both sides of the Border is being developed. Since 2001, awards to the value of €3.6 million have been made available through the HRB to support this initiative in nine hospitals throughout the country.

The predominant disease area of the cancer clinical trial community in this country is breast and prostate. The HRB estimates that approximately 90% of this funding has been spent on the development of clinical trials in breast and prostate cancer. In addition, a grant of €0.32 million was made available to the Irish Cancer Society in 2002 to support the study of prostate cancer, including diagnosis.

The National Cancer Forum is currently finalising a new national cancer strategy. The strategy will make recommendations on the development of a specific plan for cancer research and will be completed by the end of the year.

Question No. 289 answered with QuestionNo. 263.

Hospital Procedures.

Tony Gregory

Ceist:

290 Mr. Gregory asked the Tánaiste and Minister for Health and Children further to Parliamentary Question No. 387 of 5 October 2004, his views on the reason the reply received from the Rotunda Hospital to the referenced question contained inaccurate and misleading information; the further reason the persons concerned were obliged to have the reply amended by means of an application made under the Freedom of Information Act 1997; in view of that and the information sought by the persons in relation to the parliamentary question, the reason the persons were refused treatment on 27 February 2002 and again on 20 April 2003; and if arrangements will be made to facilitate the correction of inaccuracies in the person’s medical record without requiring them to go through the freedom of information process. [30615/05]

The Deputy's question relates to the provision of services at a private clinic attached to the Rotunda Hospital. My Department requested the former Eastern Regional Health Authority, ERHA, to investigate issues relating to the case which had been raised by the Deputy. As the functions of the ERHA have since transferred to the Health Service Executive my Department has now requested its parliamentary affairs division to arrange to have the matter further examined, and to have a reply issued directly to the Deputy.

Accident and Emergency Services.

Jim O'Keeffe

Ceist:

291 Mr. J. O’Keeffe asked the Tánaiste and Minister for Health and Children the number of persons who have been treated for injuries as a result of fireworks during the nine years since 1996; the breakdown of the figures in terms of age profile; the county origins of the persons injured and the types of injuries sustained. [30617/05]

The information requested by the Deputy is set out in the following tables. Data are derived from the hospital inpatient enquiry, HIPE, system which records information on each episode of hospitalisation in publicly funded acute hospitals. The primary aim of HIPE is to provide measures of hospital activity for specific diagnostic and procedure categories. There is provision in HIPE for coding of underlying external causes of types of injuries, such as fireworks, but this information may not always be available to the coder and significant under-reporting is therefore possible. National statistics are not available on injuries from fireworks which do not result in hospitalisation.

Table 1 provides figures for each year from 1996 to 2004 and separately for Dublin residents and the rest of the country. Numbers of cases are too small to provide a breakdown by individual county of residence. Table 2 shows an age and gender breakdown for all years combined. Nearly 70% of injuries are to males under the age of 20. Table 3, again for all years combined, indicates the principal types of injuries sustained. More than 40% of all principal diagnoses are burn injuries.

Table 1 Hospitalisations due to Accidents involving Fireworks.

Year

Area of Residence

Dublin

Rest of Ireland

Total

1996

16

11

27

1997

1

5

6

1998

4

6

10

1999

1

2

3

2000

4

7

11

2001

13

9

22

2002

6

3

9

2003

14

12

26

2004

12

11

23

Total Cases 1996-2004

71

66

137

Table 2

All Hospitalisations due to Accidents involving Fireworks 1996-2004 by Age Group & Gender.

Age Group

Males

Females

Total

0-9 Years

21

3

24

10-19 Years

74

10

84

20-29 Years

11

3

14

30+ Years

13

2

15

All Ages

119

18

137

Table 3

Types of Injuries from Fireworks, 1996 to 2004

Injury

Number

Burns of Face / Neck / Head

23

Burns of Wrist / Hand

21

Burns of Eye & Adnexa

8

All Other Burns

8

Open Wound of Upper Limb

24

Open Wound of Head, Neck & Trunk

11

Fractures

8

Contusion with Intact Skin Surface

13

Other Injuries

21

Total

137

Source: Hospital inpatient enquiry, HIPE, 1996-2004

Notes: Data refer to patients with a diagnosis of ICD-9-CM E923.0 — accidents caused by fireworks). Types of injuries refer to the principal diagnosis only.

Health Services.

Bernard J. Durkan

Ceist:

292 Mr. Durkan asked the Tánaiste and Minister for Health and Children when a person (details supplied) in County Kildare will be offered category one orthodontic treatment; and if she will make a statement on the matter. [30622/05]

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 HSE to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Cancer Screening Programme.

Enda Kenny

Ceist:

293 Mr. Kenny asked the Tánaiste and Minister for Health and Children when BreastCheck will be available in County Mayo; and if she will make a statement on the matter. [30656/05]

BreastCheck, the national breast screening programme, commenced in 2000 and currently covers the eastern, north eastern, midland and part of the south eastern regions of the country. There are approximately 160,000 in the target age group in these regions.

The roll out of the national breast screening programme to the remaining regions in the country is a major priority in the development of cancer services. A design team has been appointed to work up detailed plans for two new clinical units, one at the South Infirmary, Victoria Hospital, Cork and one at University College Hospital, Galway. It is anticipated that, subject to obtaining satisfactory planning approval, the design process including the preparation of the tender documentation will be completed by mid 2006. Approximately €21 million capital funding has been made available and my Department is in discussions with BreastCheck as regards the revenue requirements for the programme.

There are approximately 130,000 women in the target population for screening in the southern and western regions including approximately 9,000 in County Mayo. It is expected that screening will commence in these regions in 2007. This will ensure that all women in the 50 to 64 age group in every county have access to breast screening and follow up treatment where appropriate. Any woman, irrespective of her age or residence, who has immediate concerns or symptoms should contact her GP who, where appropriate, will refer her to the symptomatic services in her area.

Consultancy Contracts.

Enda Kenny

Ceist:

294 Mr. Kenny asked the Tánaiste and Minister for Health and Children the name and location of each recruitment agency employed in recruiting personnel for the PPARS programme; the number recruited by each such agency to this project; the amount drawn down by each such agency for persons employed; and if she will make a statement on the matter. [30657/05]

I understand from the Health Service Executive that specialised skills were required for this project. Efforts were made to recruit Irish staff on the payroll in the first instance. This did not prove successful. The project team then sought to secure these skills from Irish-based recruitment firms, and while there was limited success it became necessary to source resources further afield; the UK market enabled the deficit to be filled.

The following is the information I received from the Health Service Executive.

Name of recruitment firm

Location

Number recruited

Total amount drawn including VAT

Access Consulting

England

1

7,394.96

Ark International Recruitment

England

1

478,139.98

Blackmore Group Assets Ltd.

England

7

1,968,982.10

Computer Futures Solutions

Ireland

3

62,920.00

Diagonal Consulting Ltd.

England

1

277,245.99

Divine Solutions (UK) Ltd.

England

1

191,358.00

EDS Ireland Ltd.

Ireland

1

115,809.65

File Travel Overseas Ltd.

England

1

15,730.00

Fusion Business Solutions

Ireland

5

1,183,245.15

Global Resourcing

England

1

638,257.93

MSB International PLC

England

2

1,379,668.23

Portland Resourcing Ltd.

England

1

426,644.11

Williams McKinley

England

1

63,222.44

Square One Resources Ltd.

England

2

86,774.00

6,895,392.54

Note: Recruited Resources worked for varying durations between January 1999 and September 30th 2005.

Enda Kenny

Ceist:

295 Mr. Kenny asked the Tánaiste and Minister for Health and Children the number of international personnel recruited for work on the PPARS project since its inception; if any international personnel were required to travel to Ireland on a regular basis to deal with their work; if so, the details of destination, frequency of travel, cost and so on in each case; and if she will make a statement on the matter. [30658/05]

The following is the information I have received from the Health Service Executive.

Name of recruitment firm

Number of international personnel

Resource nationality (see Note 1)

Travel paid

Comment

Access Consulting

1

UK

Yes

Short term assignment. Flight from UK.

Ark International Recruitment

1

New Zealand

No

Blackmore Group Assets Ltd.

7

UK, South Africa, Australia

No

Computer Futures Solutions

1

UK

No

Diagonal Consulting Ltd.

1

UK

No

Divine Solutions (UK) Ltd.

1

UK

No

File Travel Overseas Ltd.

1

South Africa

No

Global Resourcing

1

South Africa

No

MSB International PLC

2

UK, South Africa

No

Portland Resourcing Ltd.

1

UK

No

Williams McKinley

1

UK

Yes

Weekly return flight to UK.

Square One Resources Ltd.

2

UK

Yes for one individual

Weekly return flight to UK.

Note 1: Resources were sourced through Irish or UK Recruitment offices with project base agreed as Sligo. The nationality of individuals was not relevant to the contract and is not formally known. Bids from recruitment agencies were to perform work in Sligo.

Ambulance Service.

James Breen

Ceist:

296 Mr. J. Breen asked the Tánaiste and Minister for Health and Children if funding will be provided to ensure that east Clare will have 24 hour ambulance cover; if the embargo on recruitment will be lifted to enable the Health Service Executive employ the personnel for this service; and if she will make a statement on the matter. [30659/05]

The Deputy's question relates to the management and delivery of health and personal social services, which are the responsibility of the Health Service Executive under the Health Act 2004. The 2005 employment ceiling for the health service is 97,550 in whole time equivalent terms. Within this national ceiling, there is no specific cap on the number of ambulance personnel which may be employed. It is a matter for the Health Service Executive, as part of its management of its employment ceiling, to determine the appropriate staffing mix required to deliver their service plan priorities. Accordingly, my Department has requested the parliamentary affairs division of the HSE to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Proposed Legislation.

Caoimhghín Ó Caoláin

Ceist:

297 Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Health and Children the agreed heads of Bill for the Adoption (Hague Convention, Adoption Authority and Miscellaneous) Bill scheduled for publication in mid-2006. [30660/05]

The heads of Bill on the Adoption (Hague Convention, Adoption Authority and Miscellaneous) Bill are currently being drafted into a Bill in the Parliamentary Counsel's Office. I hope that the Bill will be published in the earlier part of 2006 and will be circulated then.

Injury Benefit.

Paul Connaughton

Ceist:

298 Mr. Connaughton asked the Tánaiste and Minister for Health and Children the reason a statutory increase on injury benefit has not been awarded to a person (details supplied) in County Galway; and if she will make a statement on the matter. [30731/05]

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 HSE to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

National Children’s Strategy.

David Stanton

Ceist:

299 Mr. Stanton asked the Tánaiste and Minister for Health and Children if the national children’s research dissemination unit has been established; if so, the work of the unit to date; and if she will make a statement on the matter. [30734/05]

The national children's strategy, Our Children — Their Lives, was published in the year 2000. The second goal of the national children's strategy is concerned with strengthening research, evaluation and information on children's lives. The national children's office, or NCO, oversees important elements of the research programme to be developed under this goal. One of the commitments contained in the strategy is the establishment of the national children's research dissemination unit. The dissemination unit has not yet been established. However, there have been several important developments in the area of children's research in which the NCO has been taking a lead role.

Developments to date include the establishment of the national children's strategy research scholarship scheme in 2001 to develop research capacity regarding children and supporting research directly related to the national children's strategy. To date 17 scholarships have been awarded. In 2004, the national children's strategy research scholarship scheme was extended to include research placement awards. This gives students the opportunity to work with the research division at the national children's office. To date five research placements have been awarded. Other developments include the launch of the national children's office research programme in 2004. Under this programme, a total of ten research projects have been funded. These research studies are due for completion over the course of 2005 and their findings will be widely disseminated. Researchers in the NCO have developed a national set of child well-being indicators in consultation with a number of key stakeholders, including policy-makers, researchers, service providers, parents and children themselves.

The process of developing this indicator set included four major components, which are a background review of indicator sets in use elsewhere and the compilation of an inventory of key indicators, domains and indicator selection criteria; a feasibility study of the availability of national statistics to construct the indicators identified in the previous step; a study on children's understandings of well-being; and a research-based consensus process known as the Delphi technique, through which the final set of indicators were identified and agreed with a panel of experts. Agreement has been reached in respect of 42 key indicators that will be used initially. This report and related documents were published in June 2005. Work has commenced on the preparation of the state of the nation's children report based on these indicators. It is anticipated that the first report will be published early in 2006. A national longitudinal study of children in Ireland has been commissioned. This study has been put out to tender using a negotiated procedure. Following a period of clarification and negotiation, the evaluation took place on 2 June 2005 and a preferred bidder has been identified. It is hoped to award the contract for this study by the end of 2005.

Hospital Services.

Billy Timmins

Ceist:

300 Mr. Timmins asked the Tánaiste and Minister for Health and Children the length of time the x-ray machine at Baltinglass Hospital, County Wicklow has been unworkable; when it will be in operation again; and if she will make a statement on the matter. [30743/05]

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.

National Children’s Strategy.

David Stanton

Ceist:

301 Mr. Stanton asked the Tánaiste and Minister for Health and Children the position regarding the nation’s children reports that have been produced as promised under the National Children’s Strategy launched in 1990; the publication date of the next such report; and if she will make a statement on the matter. [30747/05]

The national children's strategy, Our Children — Their Lives, was published in 2000. The strategy, rooted in the UN Convention on the Rights of the Child, is a cross-Government response to improving children's lives and was developed with the assistance of NGOs and academics. Ireland is one of the few countries in the world with such a strategy. The national children's office, NCO, was set up to drive implementation of the strategy and to ensure better co-ordination of services for children. The NCO has become a centre of excellence in children and young people's participation and children's research, the two areas for which it has lead responsibility. It has also been innovative in developing policies that meet the needs of children and in finding solutions where better co-ordination is required.

One of the commitments in the strategy is the production of a state of the nation's children report biannually under the aegis of the Minister of State with responsibility for children. The research team within the NCO have been actively advancing the development of the report. To date, work has focused on the development of an agreed set of national child well-being indicators, which were published in June 2005. A multi-stage incremental approach was taken to the development indicator set and there were four main components. These included a background review of indicators sets in use elsewhere and the compilation of an inventory of key indicators, domains and indicator selection criteria; a feasibility study of the availability of national statistics to construct the indicators identified in the previous step; a study on children's understandings of well-being; and a consensus process referred to as a Delphi technique, where participants on a panel of expertise agreed indicators for use in the Irish context. A full set of the published documents will be made available to the Deputy. Work has commenced on the first state of the nation's report based on these indicators. It is anticipated that the report will be published early in 2006.

Annual progress reports on the national children's strategy are compiled by the National Children's Office on the basis of detailed returns submitted by Departments against each of the actions in the strategy. These reports show the progress that has been made against each action. A copy of the 2002, 2003 and 2004 reports are available on the NCO website at www.nco.ie.

Hospital Services.

John Perry

Ceist:

302 Mr. Perry asked the Tánaiste and Minister for Health and Children if a person (details supplied) will be called for treatment to St. Vincent’s Hospital; and if she will make a statement on the matter. [30761/05]

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.

John Perry

Ceist:

303 Mr. Perry asked the Tánaiste and Minister for Health and Children if a person (details supplied) in County Sligo will be called for their hip operation; and if she will make a statement on the matter. [30762/05]

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.

John Perry

Ceist:

304 Mr. Perry asked the Tánaiste and Minister for Health and Children further to Parliamentary Question No. 204 of 20 October 2004 if a person (details supplied) in County Sligo will be called for their operation; and if she will make a statement on the matter. [30763/05]

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.

Tax Code.

Sean Fleming

Ceist:

305 Mr. Fleming asked the Minister for Finance if there are exemptions to the vehicle registration tax imposed on persons who bring in second hand cars from the United Kingdom to here especially where such a car was a present from a family member to an elderly parent; and if an exemption can be made to vehicle registration tax for persons in these situations. [30031/05]

Exemptions from the payment of vehicle registration tax are provided for in sections 134, permanent relief, and 135, temporary exemption, of the Finance Act 1992. Typical examples of permanent relief, subject to certain criteria, from the payment of VRT are where the vehicle forms part of the assets of a transfer of residence to the State; where the vehicle is acquired by way of inheritance; or where the vehicle is supplied under diplomatic or consular arrangements. Temporary exemption, subject to certain criteria, is available to individuals with domestic ties outside the State who bring the vehicle into the State for private or business use. The Revenue Commissioners confirm that where a vehicle, from the UK or elsewhere outside the State, is transferred from a family member to a parent by way of a gift, normal rates of VRT apply on the registration of such vehicle in the State.

Ordnance Survey Office.

Ciarán Cuffe

Ceist:

306 Mr. Cuffe asked the Minister for Finance if the Ordnance Survey Office has plans to provide contour maps for existing and proposed new urban areas at a scale of 1:5,000 in order that persons be better informed regarding the potential for flooding in these areas. [30457/05]

I am informed by Ordnance Survey Ireland that the mapping series in the scale of 1:1,000 and 1:5,000 does not include contouring. However, Ordnance Survey Ireland is in the initial phases of obtaining ground height details in respect of certain urban areas on a test basis. The information contained in this height model could, with additional relevant data assembled by public authorities and others, such as the collection and interpretation of water flow and related information, be of some assistance to those concerned.

Ferry Services.

Fergus O'Dowd

Ceist:

307 Mr. O’Dowd asked the Minister for Finance the nature of discussions and reports received regarding the provision of a ferry service from Dingle and Dunquin to the Blasket Island; and if he will make a statement on the matter. [30471/05]

The two documents which inform the basis for the future management of the island, including the provision of ferry services, are the forum report dated January 2002 and the Great Blasket Island management plan, completed in September 2004, which was drawn up on foot of the recommendations of the forum report following consultation with the property owners on the island.

Tax Code.

Ciarán Cuffe

Ceist:

308 Mr. Cuffe asked the Minister for Finance his plans to review the definitions of commercial vans for tax purposes in view of the dangers caused to drivers and occupants of such vehicles by the blind spots created by the insertion of blank infill panels into the rear side windows of ordinary cars or vans to achieve their tax designation as commercial. [30610/05]

For the purposes of vehicle registration tax, vehicles are classified broadly into three categories. Category A is for motor vehicles designed for the transport of a driver and passengers. Category B is for car derived vans, small crew cabs and small motor caravans. Category C is for commercial vehicles, large crew cabs and pick-ups. In addition, VRT law states that any vehicle which is under three tonnes unladen weight and which has to the rear of the driver's seat, inter alia, a roofed area which is fitted with one or more side windows is considered to be a category A vehicle. The purpose of this aspect of the law is to prevent the substitution of such vehicles for private motors, category A, for the purpose of avoiding VRT.

The rates in categories B and C are, as a matter of policy, reduced because the main purpose of such vehicles generally involves carrying goods rather than passengers. The Revenue Commissioners advise that their experience in categorising vehicles suggests that in practice the vast majority of vehicles in the B and C categories are in fact manufactured without side windows to maximise the cargo carrying capacity and, also, for security reasons, so as to prevent the contents of the cargo areas being visible in the first instance and perhaps accessible to thieves.

I appreciate the concerns raised by the Deputy with respect to road safety but I am not aware of examples or instances where tax categorisation has caused particular problems with respect to road safety. Should I be made aware of such examples or instances, I will ensure this issue is investigated.

Decentralisation Programme.

Seamus Healy

Ceist:

309 Mr. Healy asked the Minister for Finance the position regarding decentralisation of part of his Department to Tipperary town; if he has received the contract for the purchase of a site for this purpose; if so, when he received same; if he has signed the contract; and if not, when he proposes to do so. [30667/05]

As part of the Government decentralisation programme it is planned to decentralise 186 staff in the Department of Justice, Equality and Law Reform to Tipperary town. The Commissioners of Public Works have informed me that terms have been agreed on a suitable site. The contract for sale was received in July 2005 and is currently being processed by the Chief State Solicitor. The commissioners hope to be in a position to sign the contract in the near future.

Tax Code.

Pat Carey

Ceist:

310 Mr. Carey asked the Minister for Finance if a person (details supplied) in Dublin 11 should pay tax; and if he will make a statement on the matter. [30021/05]

The person concerned is in receipt of a pension from his former employer and an invalidity pension from the Department of Social and Family Affairs. Both pensions are taxable. His income for 2005 will be in the region of €34,000. As neither the person nor his wife are 65 years of age or over, at which point the exemption limit of €33,000 and the marginal relief system could apply, he is taxable in the normal way.

Financial Services Regulation.

Martin Ferris

Ceist:

311 Mr. Ferris asked the Minister for Finance if his attention has been drawn to the overcharging of persons from non-eurozone states when they use their visa credit cards here and request that payment be taken in their own currency. [30045/05]

Responsibility for investigating complaints regarding credit card charges rests with the financial regulator.

My Department has been informed by the financial regulator that a small percentage of credit card sale terminals in the State offer a service which provides consumers from non-eurozone countries with the option of having their bill charged in their home currency at the time of purchase. This service is offered in accordance with the rules of the international card payment schemes. The rate of exchange applied to these transactions, if the customer avails of the option, is set each morning by reference to the then prevailing international rate of exchange. This exchange rate may not be as beneficial to the customer as that which would have been applied by the card company when charging the transaction to the card holder's account if the payment were made in euros. My Department was informed in 2004 of one case of the type of transaction referred to in the Deputy's question.

My Department understands that the financial regulator has received a small number of complaints from consumers from countries not in the eurozone relating to the use of their credit cards in the State. In this context, if the Deputy is aware of particular complaints from consumers, the financial regulator would welcome any specific details and will investigate the matter further.

State Property.

John Gormley

Ceist:

312 Mr. Gormley asked the Minister for Finance the reason no public consultation took place on the future of the veterinary college site; and if he will make a statement on the matter. [30047/05]

All property in the Commissioners of Public Works portfolio is constantly under review. To date the process has produced a number of properties surplus to requirement which have been disposed of in the open market. The veterinary college site at Shelbourne Road was vacated on 1 March 2005. The property was assessed in the light of the State requirements in Dublin. As the site was surplus to State requirements it was placed on the open market for sale.

Public Service Contracts.

John Gormley

Ceist:

313 Mr. Gormley asked the Minister for Finance the reason, despite giving an undertaking to this Deputy that work would be carried out on reinstating the car park on Leinster Lawn during the summer recess, no such work has taken place; when this work will commence. [30048/05]

Technical difficulties which delayed the preparation of tender documentation have now been resolved. A contract for the reinstatement works will be placed following the completion of a tender process which has begun.

Motor Fuels.

Richard Bruton

Ceist:

314 Mr. Bruton asked the Minister for Finance the excise duty which applies to motor fuel based on bioethanol; the way in which this compares with the excise on petrol; and the further way in which the Irish differential in total tax paid on these competing fuels compares with other EU countries. [30080/05]

The rate of mineral oil tax on substitute fuel, such as bioethanol, for auto-use is 36.8 cents per litre, the same rate as for auto-diesel. The rate for unleaded petrol is 44.3 cents per litre. However, an exception applies where bioethanol is produced in the projects approved under an excise exemption scheme for biofuels, which was introduced in the Finance Act 2004, as a limited, pilot scheme. The purpose of the provision was to allow qualified and conditional relief from excise for biofuel used in approved pilot projects for either the production of biofuel or the testing of the technical viability of biofuel for use as a motor fuel. After obtaining the necessary State aid approval from the EU Commission, the scheme was subsequently advertised by the Department of Communications, Marine and Natural Resources. Excise relief was granted to successful applicants to the scheme from August 2005 for a total of 16 million litres of fuel at a cost of €3 million per annum. The issue of putting a wider scheme of excise relief in place is under active consideration with the Department of Communications, Marine and Natural Resources, which has primary responsibility for the promotion of biofuels in Ireland.

With respect to tax differentials between bioethanol and petrol in other EU countries, the situation varies greatly and different national tax regimes make country comparisons difficult. It appears that apart from Ireland, 12 member states have implemented, or are in the process of implementing, partial or full tax reliefs for biofuel, which would include bioethanol.

Richard Bruton

Ceist:

315 Mr. Bruton asked the Minister for Finance the vehicle registration tax concessions which apply to cars adapted to use bioethanol or other fuels which offer lower CO2 emissions or renewable sources; his views on further restructuring of vehicle registration tax to promote the expansion of such vehicles; and if he will make a statement on the matter. [30081/05]

There are currently no vehicle registration tax concessions available for cars in respect of any adaptation for the use of bioethanol or other fuels that offer lower CO2 emissions or renewable sources. There is a scheme which provides for a remission or repayment of 50% of VRT for certain hybrid electric vehicles, which was introduced in January 2001. This hybrid electric technology results in significantly lower pollutant emissions than conventional vehicles powered exclusively by internal combustion engines. The scheme was extended by the Finance Act 2005 for a further two years to 31 December 2006.

However, the purpose of that scheme was to encourage the new technology required to develop hybrid vehicles by encouraging the purchase of vehicles that use a combination of an internal combustion engine and an electric motor to derive motive power. The introduction of a hybrid-like VRT incentive for vehicles adaptable to biofuels may be problematic insofar as such cars may also run on petrol and diesel and some abuse of such a scheme is possible. Arguably, the promotion of biofuels, insofar as tax is concerned, might be best done within the excise relief scheme. Currently, there are a number of biofuels pilot projects where full excise relief is being applied. The issue of putting a wider scheme of excise relief in place is under active consideration with the Department of Communications, Marine and Natural Resources.

Tax Code.

Paul Kehoe

Ceist:

316 Mr. Kehoe asked the Minister for Finance if there are exemptions for full time farmers over 35 years of age paying stamp duty when a farm is transferred from their father, when the cost of this duty cannot be met; and if he will make a statement on the matter. [30118/05]

There is no exemption from stamp duty on the transfer of a farm from a father to one of his children who is a full time farmer and who is over 35 years of age at the date of the transfer. The stamp duty code contains full stamp duty relief for transfers of land to young trained farmers under 35 years where land is transferred to them by way of gift or sale, provided they have attained relevant educational qualifications. This relief, which is considered generous, is intended to encourage the transfer of land to young farmers who have successfully undergone training.

Where a parent wishes to transfer agricultural land to a child where the child does not qualify for this young trained farmer relief, he or she can qualify for a 50% relief on the stamp duty otherwise chargeable, as the child of the person transferring the land. I am further informed by the Revenue Commissioners that there is no provision in the stamp duty code to take account of a taxpayer's personal circumstances or ability to pay where a liability to stamp duty is incurred.

Public Sector Recruitment.

Pat Breen

Ceist:

317 Mr. P. Breen asked the Minister for Finance if he will lift the ban on public sector recruitment for health and ambulance personnel in the forthcoming budget in the interests of public safety; and if he will make a statement on the matter. [30129/05]

There is no ban on public sector recruitment for health and ambulance personnel and recruitment continues within the limits set out by Government for the control of public service numbers generally. In implementing this policy, I want to avoid or minimise the effect on front line staff providing a service to the public and to ensure that essential services to the public are not affected. It is a matter for each Department and sector of the public service and relevant Minister to set priorities to give effect to this policy.

Consultancy Contracts.

Richard Bruton

Ceist:

318 Mr. Bruton asked the Minister for Finance the guidelines in place for the commissioning of outside expertise in the consultancy and public relations fields; and if ministerial approval is required for approval of expenditure on such commissions. [30154/05]

In common with all public procurements, the commissioning of consultancy and public relations expertise is subject to national and EU procurement requirements. The guidelines in place specifically for the commissioning of consultancy and public relations expertise include the guidelines for the engagement of consultants published by my Department in March 1999 which cover all types of consultancy and since early this year the additional guidelines agreed by Government specifically for PR and communications consultancies which are now incorporated into the Cabinet handbook.

More recently, a number of new measures were announced which will contribute to improving the management and value for money aspects of consultancy projects. Approval of expenditure on consultancy projects is handled at the appropriate level within my Department depending on the scale and nature of the individual projects and I am kept informed as appropriate.

Richard Bruton

Ceist:

319 Mr. Bruton asked the Minister for Finance the percentage of reports, consultancies and cases from external commissions where the issue of poor value for money was highlighted in his Department from 1998 to date in 2005. [30169/05]

I take it the intended scope of the question is the same as the Deputy's question of 28 June of this year which related to reports, consultancies or other advisory or public relations commissions awarded by my Department. The reply to that question, together with the reply to a similar question on 17 February 2004, lists all such commissions awarded by my Department from 1 January 1998 to 28 June 2005. There have been no further awards since 28 June.

My Department issues comprehensive guidelines concerning the engagement of consultants. The most recent were issued in 1999 and are entitled, Engaging Consultants: Guidelines for the Civil Service. The guidelines cover a range of topics relevant to the decision to commission external support or assistance. They stress that value-for-money considerations must be paramount when deciding whether to engage consultants, that projects should be strictly necessary and that consultants should only be engaged where specialised knowledge is not available internally, or in the wider Civil Service, or where independent advice is deemed essential, and that as far as possible skills are transferred to the civil servants involved. My Department complies with these guidelines and I am assured that my Department achieved value for money in its commissions from 1998 to date, the period covered by the Deputy's question.

Post Office Savings Bank.

Ruairí Quinn

Ceist:

320 Mr. Quinn asked the Minister for Finance the rate of interest on short-term and long-term deposits in the Post Office savings bank for each year since 1990; and if he will make a statement on the matter. [30196/05]

Three short-term deposit accounts are available through the Post Office savings bank, or POSB, which are the book-based demand deposit account, the 30 day notice account, known as ‘Deposit Account Plus', and the Special Savings Incentive Account. Details of the interest rates applying to these accounts since 1990 are set out in the following tables. Since the Deputy's question refers to long-term as well as short-term deposits, I am also including information about savings certificates, savings bonds and instalment savings which are longer-term small savings products but not actually POSB products. The changes in interest rates over the period 1990 to 2005 reflect changes in interest rates generally in the retail market.

POSB Demand Deposit Rates

A. 1990-1993

With effect from:

Rate (p.a.)

%

21/10/89

7.00

21/01/90

7.75

15/06/90

7.25

06/07/90

6.75

01/11/90

6.25

28/01/91

6.75

24/04/91

6.25

02/09/91

5.75

01/02/92

6.00

09/06/92

5.50

12/10/92

7.00

05/04/93

4.50

18/05/93

3.50

21/06/93

3.00

Note: Until 1 November 1993, there was one interest rate for POSB demand accounts irrespective of the amount on deposit.
Savings Certificates

With effect from:

Total return

Term

Rate (p.a.)

%

%

07/03/86

40

5 years

6.96

27/01/94

40

5 years & 9 months

6.00

14/02/96

34.5

5 years & 6 months

5.54

18/03/97

30

5 years & 6 months

4.89

05/05/98

25

5 years & 6 months

4.14

23/12/98

16

5 years & 6 months

2.74

Savings Bonds

With effect from:

Total return

Term

Rate (p.a.)

%

%

01/07/86

20.4

3 years

6.38

14/02/96

17

3 years

5.37

18/3/97

14

3 years

4.46

5/5/98

12

3 years

3.85

23/12/98

8

3 years

2.60

Instalment Savings

With effect from:

Total return

Term*

Rate (p.a.)

%

%

1/7/86

50

5 years

7.65

4/4/96

35

5 years

5.61

7/4/97

30

5 years

4.89

23/12/98

15

5 years

2.57

* Not including contribution period.
B. 1993-2005

With effect from:

Tiers

Rate (p.a.)

%

01/11/93

under £3,000

2.00

£3,000 and over

2.75

19/01/94

under £1,000

0.75

£1,000-£2,999

1.00

£3,000-£4,999

1.50

£5,000 and over

2.25

01/06/94

under £1,000

0.50

£1,000-£2,999

0.75

£3,000-£4,999

1.25

£5,000 and over

2.00

01/03/96

under £3,000

0.50

£3,000-£4,999

0.75

£5,000 and over

1.50

01/06/96

under £5,000

0.50

£5,000 and over

1.00

10/04/99

under £5,000

0.25

£5,000 and over

0.50

Euro Changeover

01/01/02

under €6,000

0.25

€6,000 and over

0.50

21/07/03

under €6,000

0.10

€6,000 and over

0.25

30 Day Notice POSB Accounts

With effect from:

Tiers

Rate (p.a.)

%

01/01/93

all accounts

7.00

05/04/93

under £1,000

4.50

£1,000-£2,999

5.50

£3,000-£4,999

7.00

£5,000 and over

9.00

18/05/93

under £5,000

7.00

£5,000 and over

9.00

01/07/93

under £5,000

7.00

£5,000 and over

8.00

02/01/93

under £5,000

6.00

£5,000 and over

7.00

09/02/94

under £5,000

5.00

£5,000 and over

6.00

01/03/96

under £5,000

4.00

£5,000-£24,999

5.00

£25,000-£39,999

5.50

£40,000 and over

5.75

01/06/94

under £5,000

3.50

£5,000-£24,999

4.50

£25,000-£39,999

4.75

£40,000 and over

5.00

10/04/99

under £40,000

2.00

£40,000 and over

2.50

Euro Changeover

01/01/02

under €50,000

2.00

€50,000 and over

2.50

21/07/03

under €30,000

1.00

€30,000 and over

1.50

Note: Introduced 1 January 1993
Special Savings Incentive Accounts (POSB)

With effect from:

Type

Rate (p.a.)

%

01/05/01

Fixed rate

4.00

Variable rate

4.00

01/03/03

Fixed rate

4.00

Variable rate

2.75

21/07/03

Fixed rate

4.00

Variable rate

2.00

Note: Introduced 1 May 2001

Tax Code.

Seán Crowe

Ceist:

321 Mr. Crowe asked the Minister for Finance the outcome of the car tax concessions review referred to in Parliamentary Question No. 106 of 2 June 2004; and his views on whether a person with autism who presents a danger to themselves and another person while being carried in a car due to an inability to remain still, and having outgrown a conventional baby seat, warrants the granting of car tax exemption in order to pay for the necessary adaptations. [30232/05]

A special interdepartmental review group reviewed the operation of the disabled drivers scheme. The terms of reference of the group were to examine the operation of the existing scheme, including the difficulties experienced by the various groups and individuals involved with it, both on an administrative and user level, and to consider the feasibility of alternative schemes, with a view to assisting the Minister for Finance in determining the future direction of the scheme.

The group's report, published on my Department's website in July 2004, sets out in detail the genesis and development of the scheme. It examines the current benefits, the qualifying medical criteria, the Exchequer costs, relationship with other schemes and similar schemes in other countries. The report also makes a number of recommendations, both immediate and long-term, encompassing the operation of the appeals process and options for the future development of the scheme.

Following on from the report's immediate recommendations concerning the appeals process, amendments to the regulations governing the scheme have been made by my predecessor, and subsequently by me, in April and again in September, to improve the operation of the appeals process. These amendments included providing for an expansion of the panel of medical practitioners serving on the medical board of appeal from three to 15 — this will substantially reduce the waiting time for appellants.

In respect of the long-term recommendations, given the scale and scope of the scheme, further changes can only be made after careful consideration. For this reason, the Government decided in June 2004 that the Minister for Finance will consider the recommendations in the report of the interdepartmental review group in the context of the annual budgetary process having regard to the existing and prospective cost of the scheme. The Government is committed to supporting and reinforcing equal participation in society by people with disabilities. Disability was one of the priority areas in which I substantially increased investment in last year's budget.

National Lottery.

Gay Mitchell

Ceist:

322 Mr. G. Mitchell asked the Minister for Finance if his attention has been drawn to a lottery spam purporting to emanate from lottery authorities in Dublin (details supplied); and if he will make a statement on the matter. [30305/05]

I am informed that An Post National Lottery Company has warned the public that it has come to its attention that some people have received correspondence by e-mail or letter purporting to come from the Irish National Lottery advising them that they have won a substantial amount of money. An Post National Lottery Company has pointed out that it never notifies prize winners in this manner and that to win and claim a prize in the Irish National Lottery, a person must be in possession of a prize-winning ticket. The National Lottery Company advises the public not to respond to such correspondence and has posted this warning on its website.

Tax Code.

Olwyn Enright

Ceist:

323 Ms Enright asked the Minister for Finance the reason the expenses related to the educational course, An Scrúdú le hAghaidh Cáilíochta an Ghaeilge do not attract tax relief; if he will examine this issue; and if he will make a statement on the matter. [30337/05]

Section 473A of the Taxes Consolidation Act 1997, provides tax relief, at the standard rate of tax, for tuition fees paid in respect of approved courses at approved colleges of higher education including certain approved undergraduate and postgraduate courses in EU member states and postgraduate courses in non-EU countries. Tax relief is not available on tuition fees paid in respect of the educational course, An Scrúdú le hAghaidh an Ghaeilge, as it does not qualify as an approved course and it is not undertaken in an approved college. The approval of colleges and courses is, in the first instance, a matter for the Minister for Education and Science.

Ciarán Cuffe

Ceist:

324 Mr. Cuffe asked the Minister for Finance if he has examined the figures for the construction of one-off houses and compared such figures with the capital gains tax receipts on land that may have been transferred to facilitate such construction; and if so, if he has satisfied himself that there is no inconsistency between the figures. [30452/05]

Information on capital gains tax receipts arising on land transferred to facilitate construction of one-off houses is not available. The construction of one-off houses falls within the area of general housing policy and as such is primarily the responsibility of the Minister for the Environment, Heritage and Local Government.

Ciarán Cuffe

Ceist:

325 Mr. Cuffe asked the Minister for Finance if private waste contractors are obliged to charge value added tax on the provision of waste collection services; his views on whether contractors are complying with this requirement; and if he will make a statement on the matter. [30453/05]

Private waste contractors are obliged to register and account for VAT on their supply of waste collection services where their turnover in any period of 12 consecutive months exceeds or is likely to exceed €25,500. The rate of VAT appropriate to the collection and disposal of waste is 13.5%. Private contractors engaged by local authorities to provide waste collection services in their areas are obliged to obtain tax clearance certificates annually from Revenue. This helps to ensure that such contractors are compliant with their VAT obligations.

There is no evidence to suggest that there is a general VAT compliance problem regarding the provision of waste collection services. However, waste contractors as with all other sectors are subject to Revenue's compliance and audit programmes, on a risk basis, and if the Deputy has evidence of non compliance, the Revenue Commissioners would be glad to have details about the matter.

National Development Plan.

Ciarán Cuffe

Ceist:

326 Mr. Cuffe asked the Minister for Finance if the current or proposed new national development plans have been, or will be assessed under the guidelines for strategic environmental assessment; and if he will make a statement on the matter. [30454/05]

I assume the Deputy is referring to a strategic environmental assessment under the EU strategic environmental assessment directive (2001/42/EC).

In the case of the National Development Plan 2000-2006, the issue does not arise as the strategic environmental assessment directive only applies to a plan or programmes where the preparation was commenced on or after 21 July 2004. The next NDP, for 2007-2013, will be a financial plan. It is accordingly considered that it does not fall within the framework of the directive and it will not therefore be subject to a formal SEA.

The Government has, however, indicated that environmental sustainability will be a key horizontal objective of the investment strategy of the next NDP and consultation on this aspect with environmental interests will take place in the context of drafting the plan.

Departmental Expenditure.

John Deasy

Ceist:

327 Mr. Deasy asked the Minister for Finance the amount which has been spent by his Department in bringing into effect the provisions of the Official Languages Act 2003. [30525/05]

The main area of expenditure on the Irish language in my Department is through Gaeleagras na Seirbhíse Poiblí. Gaeleagras was established in the Department in 1971 with the general aim of promoting the Irish language throughout the Civil Service. Gaeleagras continues to make a significant contribution to the promotion and development of the use of Irish in the Civil Service including supporting the implementation of the Official Languages Act 2003. In anticipation of an increased level of activity in 2005, the allocation for Gaeleagras this year is €369,000, an increase of €119,000 over the 2004 allocation.

Gaeleagras expenditure since 2003.

2003

234,000

2004

238,000

2005

369,000(Estimated Outturn)

Outside Gaelagreas, work relating to implementing the Official Languages Act is spread across the Department and is undertaken in conjunction with officials' existing duties. It is therefore not possible to provide an overall cost for the implementation of the Act in the Department. However the additional costs incurred by the Department associated with using external translation and printing services etc. arising from the Act was in the order of €33,300 in 2004 and €8,670 to date in 2005.

Garda Stations.

Emmet Stagg

Ceist:

328 Mr. Stagg asked the Minister for Finance if the sanctioning of the revised sketch scheme for the new Leixlip Garda station has been notified to him; and when the planning procedure will commence. [30733/05]

The Commissioners of Public Works are awaiting approval from the Department of Justice, Equality and Law Reform to the revised sketch scheme for Leixlip Garda station. On receipt of approval, planning permission will be sought under the part 9 planning process.

Kyoto Protocol.

John Gormley

Ceist:

329 Mr. Gormley asked the Minister for Communications, Marine and Natural Resources if, in view of the necessity of Ireland complying with the targets set by the Kyoto Protocol, he will consider the introduction of grants to persons to convert to woodburning stoves, heat pumps, solar panels and other sustainable technologies; and if he will make a statement on the matter. [30046/05]

My Department continually reviews possibilities for incentivising the increased utilisation of cost effective energy efficient technologies. Sustainable Energy Ireland, which was established as a statutory agency in May 2002, implements a wide variety of programmes on energy efficiency and renewable energy on behalf of my Department. Any increase in funding required for these programmes would have budgetary implications and could only be considered in the light of the overall budgetary requirements of SEI and the level of funding available to my Department.

Under SEI's house of tomorrow research, development and demonstration programme, financial support is directed at encouraging developers of housing, both new-build and refurbishment, to incorporate design and technology features, which deliver significantly superior energy and CO2 performance. By targeting developers of schemes of houses, from the private or social housing sectors, the aim has been to establish over a number of years a nationwide network of accessible examples of more sustainable energy design and technology practices. With the accompaniment of other promotional measures by SEI, this is intended to encourage a sufficient degree of market replication, without subsidy, to elevate energy performance standards across the wider housing stock. This targeted approach is also designed to be an administratively efficient method for deployment of public moneys.

To date the programme has committed more than €7.5 million funding to 39 projects comprising a total 1,818 housing units, all featuring an integrated approach to energy supply and use that achieves performance of at least 20% better than current building regulations and in fact, in the majority of projects, 40% better. The range of sustainable energy technologies employed within these demonstration projects includes the following: condensing boilers in 236 homes, solar water heating in 344 homes, heat recovery ventilation in 176 homes, geothermal heating systems in 143 homes, and wood pellet boilers in 93 homes.

Some of the technologies mentioned by the Deputy can have a relatively quick pay back period in terms of efficiency gains and therefore direct subvention to the consumer for using such technologies may not be warranted.

Mobile Telephony.

Cecilia Keaveney

Ceist:

330 Cecilia Keaveney asked the Minister for Communications, Marine and Natural Resources his views on the need for ready to go phones to be sold only on the presentation of a utility bill and proof of identity to ensure issues of traceability of these phones is attained and therefore security in their use in all circumstances will be addressed; and if he will make a statement on the matter. [30206/05]

I refer the Deputy to my reply to Parliamentary Question No. 211 of 11 October 2005.

EU Directives.

Eamon Gilmore

Ceist:

331 Mr. Gilmore asked the Minister for Communications, Marine and Natural Resources if the Government will support amendment No. 8 to recital 31, adopted by the European Parliament at its second reading on 15 September 2005, regarding closed mines and the responsibility the member states have to rehabilitate such sites (details supplied); and if he will make a statement on the matter. [30325/05]

The amendment to which the Deputy refers is one of 38 amendments adopted by the European Parliament. Not all were acceptable to the Commission or the Council and the conciliation process is, therefore, now in progress. Under these circumstances, it would not be appropriate to comment on either the Council's or the Irish position on individual amendments.

The Government recognises the need to address the rehabilitation of closed sites and has therefore decided to allocate €10.6 million for the remediation of the Silvermines site in County Tipperary, and €500,000 to produce integrated conceptual management and remediation plans for the former copper mines at Avoca, County Wicklow. In addition, the Environment Protection Agency, EPA, is carrying out a project, with my Department's assistance, to produce an inventory of all problem sites.

The need to prevent problems arising in the future from closed mines has been recognised and the three operating metal mines have all provided significant sureties which mean funding will be provided by the operators for their planned closure and aftercare.

Fisheries Protection.

Sean Fleming

Ceist:

332 Mr. Fleming asked the Minister for Communications, Marine and Natural Resources if the nominee of the Trout Anglers Federation of Ireland, which has a membership of more than 20,000 trout and salmon anglers, will be appointed to a place on the National Salmon Commission; and if he will make a statement on the matter. [30024/05]

In exercise of the powers conferred on me by section 55A — inserted by section 22(1) of the Fisheries Act 1999 — of the Fisheries Act 1980, I included 34 organisations in the National Salmon Commission (Prescribed Bodies and Organisation) Order 2005, SI 626 of 2005, which I signed on 28 September 2005. The Trout Anglers Federation of Ireland is one of these organisations.

The Fisheries Acts, however, provide that not more than 16 members of the commission shall be appointed from among those nominated by the representative bodies and organisations prescribed by the Minister. As such, inclusion on the prescribed list does not convey an automatic right for any particular body or organisation to have its nominee appointed to the commission.

The number of bodies and organisations seeking to have representation on the National Salmon Commission this year was far in excess of the number of places available, and, as a result, it was not possible to appoint all nominees. However, the membership I have chosen will ensure that all relevant stakeholders, including salmon and trout anglers, are equally and fairly represented at the commission. The commission has the function of assisting and advising me in regard to the conservation, management, protection and development of the national salmon resource in accordance with the detailed terms of reference set out in the National Salmon Commission (Terms Of Reference) Order 2005, SI 627 of 2005.

Although the Trout Anglers Federation of Ireland had a nominee appointed to the previous National Salmon Commission, due to the restriction on the number of membership places available, I was unable to appoint its nominee as a member of the new commission. However, the terms of reference for the new National Salmon Commission provide that it will consult and engage as appropriate in a proactive dialogue with the Trout Anglers Federation of Ireland and all the other prescribed bodies and organisations listed in the 2005 order.

I am satisfied that through these terms of reference, all the prescribed bodies and organisations will have the opportunity to have their interest recognised and that any proposals they may have having regard to the conservation, management, protection and development of the national salmon resource will be fully considered and evaluated by the National Salmon Commission during its current term of office.

Postal Services.

Richard Bruton

Ceist:

333 Mr. Bruton asked the Minister for Communications, Marine and Natural Resources if he has had discussions with any of the parties in An Post regarding the present industrial dispute; if reports are accurate that he is considering lifting the exclusive right of An Post to handle smaller postage items; if this company has in place a code of practice governing disputes in essential services under the Industrial Relations Act 1990; and if he will make a statement on the matter. [30025/05]

Michael Lowry

Ceist:

351 Mr. Lowry asked the Minister for Communications, Marine and Natural Resources if it is his intention to privatise the collection and delivery element of An Post prior to full deregulation of the postal market in 2009 in view of his statement that he would give serious consideration to lifting An Post’s monopoly in 2006 if the unions went ahead with industrial action over non-payment of Sustaining Progress payments; and if he will make a statement on the matter. [30746/05]

I propose to take Questions Nos. 333 and 351 together.

With globalisation, liberalisation and developments in technology that are changing the way people communicate, all national postal operators, including An Post, have to change very rapidly to stay competitive and commercial in the European postal market. This reflects the change in the market from one dominated by letters to one dominated by parcels and direct mail. Both of these areas are much more open and attractive to competition, especially international competition, than the traditional letters business. Competition in the sector is growing and at present there are 26 firms operating in Ireland with a postal service authorisation from ComReg.

The economy and society at large also need a strong and vibrant postal service in light of the many internationally traded sectors operating in the country but it also needs An Post to be competitive and there is universal agreement that change is required if the postal services of An Post are to adapt to the modern business environment and to continue to offer a top-class nationwide delivery service to the customer into the future. Liberalisation and the expected increase in competition will ultimately be good for both An Post and consumers.

To date, Ireland has fully implemented European Directives 97/67/EC and 2002/39/EC, which set out the requirements for member states on the provision of high-quality postal services and liberalisation within their postal networks. Under the directives, each member state is obliged to provide a universal service whereby a minimum level of service must be provided. Both the directives have been transposed into Irish law in SI 616 of 2002, European Communities (Postal Services) Regulations.

Since the transposition of the directives, the weight limit applying to postal items falling within the reserved area and therefore not open to competition has been reduced to 100g from 2003 with a price limit of three times the basic tariff for domestic and inbound international. The reserved area will be further reduced to mail weighing 50g or less and two and a half times the basic tariff from 2006 for domestic and inbound international. Outbound international mail was fully liberalised on 1 January 2004. The second directive also stipulates that the postal sector is to liberalise across the EU in full on 1 January 2009, subject to political agreement.

In light of the announcement by the Communication Workers Union, CWU, that it had rejected the Labour Court recommendation on collection and delivery and that union members have voted for industrial action which may lead to a serious disruption to postal services, I am considering all options open to me, up to and including early liberalisation of the sector, to limit the disruption caused to the sector and the economy at large as a result of any prolonged period of industrial action. However, the Government has no plans to privatise the postal service and wants to see An Post continuing to play a significant role in the postal sector following full liberalisation of that market.

To progress the change agenda necessary to the long-term sustainability of An Post, I have met representatives of An Post management and unions on various occasions over the past 12 months. I have continually emphasised to all parties the importance of an early start to the company's modernisation and that both sides must adhere to the parameters of the Labour Court recommendation in respect of the proposed new collection and delivery arrangements and Sustaining Progress. This is essential to resolve long-standing and deep-seated problems besetting the company.

I understand that in 1992, under section 42 of the Industrial Relations Act 1990, the Labour Relations Commission, following consultation with ICTU and IBEC, prepared a code of practice on dispute procedures including in essential services. The procedures in the code provide a framework for the peaceful resolution of disputes, including disputes in essential services and does not refer to specific companies. The code recognises there is a joint responsibility on employers and trade unions to resolve disputes in essential services and employments without resorting to strikes or other forms of industrial action.

Garda Investigations.

John Perry

Ceist:

334 Mr. Perry asked the Minister for Communications, Marine and Natural Resources the situation regarding the investigation surrounding the harbour in Killybegs; when a final report on the issued will be released; when the matter will be formally finalised; and if he will make a statement on the matter. [30026/05]

I assume the Deputy refers to allegations made about illegal fishing. When this matter was brought to my attention, I arranged to have the matter formally referred to the Garda Síochána with a request for an investigation. I understand the Garda is conducting an investigation into the matter. That investigation is solely a matter for the force and I have no role in it. As the timeframe and conduct of the investigation are matters solely for the Garda, it would be inappropriate to comment further or make a statement on the matter.

Emergency Response Plan.

Joe Higgins

Ceist:

335 Mr. J. Higgins asked the Minister for Communications, Marine and Natural Resources if he received an outline of Dublin Port Company’s emergency response plan since the Shell FOB fire incident which occurred on 27 June 2004. [30107/05]

Joe Higgins

Ceist:

336 Mr. J. Higgins asked the Minister for Communications, Marine and Natural Resources if Dublin Port Company is obliged to have 24-hour fire protection cover as required by legislation. [30108/05]

Joe Higgins

Ceist:

337 Mr. J. Higgins asked the Minister for Communications, Marine and Natural Resources if Dublin Port Company is negligent in its responsibilities to its workforce, port tenants and surrounding communities by not providing 24-hour cover by the ports fire protection unit. [30109/05]

I propose to take Questions Nos. 335 to 337, inclusive, together.

Dublin Port Company is subject to the fire safety and protection regulations and legislation which are enforced by Dublin Corporation fire authority. These regulations do not fall under my area of responsibility and the issue of fire safety is not dealt with under the Harbour Acts. The company's emergency response plan is an operational matter for the company and I have not received an outline of it.

Harbour Police Powers.

Joe Higgins

Ceist:

338 Mr. J. Higgins asked the Minister for Communications, Marine and Natural Resources if he is aware that the harbour police have no powers under the road traffic Acts or Dublin Port by-laws to enforce road traffic management within the environs of Dublin Port and therefore to prevent speeding, dangerous driving and road traffic accidents. [30110/05]

Joe Higgins

Ceist:

339 Mr. J. Higgins asked the Minister for Communications, Marine and Natural Resources if he is aware that Dublin Port Company is attempting to change the status of the harbour police as a statute police force. [30111/05]

I propose to take Questions Nos. 338 and 339 together.

I refer the Deputy to my answers to Questions Nos. 101 and 102 by Deputy Bruton on 13 October 2005 which refer to the same matters.

Joe Higgins

Ceist:

340 Mr. J. Higgins asked the Minister for Communications, Marine and Natural Resources his views on the request of SIPTU docks, marine and transport branch for a full hearing by the Labour Court into conditions of employment and the status of harbour police. [30112/05]

I assume the Deputy refers to the harbour police of Dublin Port. Industrial relations issues relating to this group are a matter for Dublin Port Company in the first instance and I have no role in this regard. Nor do I have a function in regard to the Labour Court or its operations.

Joe Higgins

Ceist:

341 Mr. J. Higgins asked the Minister for Communications, Marine and Natural Resources if he will meet with representatives of the SIPTU docks, marine and transport branch to discuss the policing of the Dublin Port Company and the implementation of the ISPS code. [30113/05]

I have not received any request from SIPTU to meet me on the matter referred to in the Deputy's question. Industrial relations in Dublin Port Company are a matter for the company and its employees' unions, and it would not be appropriate for me to intervene.

Consultancy Contracts.

Richard Bruton

Ceist:

342 Mr. Bruton asked the Minister for Communications, Marine and Natural Resources the guidelines in place for the commissioning of outside expertise in the consultancy and public relations fields; and if ministerial approval is required for approval of expenditure on such commissions. [30155/05]

Richard Bruton

Ceist:

343 Mr. Bruton asked the Minister for Communications, Marine and Natural Resources the percentage of reports, consultancies and cases from external commissions where the issue of poor value for money was highlighted in his Department from 1998 to date. [30170/05]

I propose to take Questions Nos. 342 and 343 together.

In the time available, it has not been possible to complete an exhaustive examination of all reports and consultancies commissioned since 1988 that came within the remit of my Department or its predecessors. My Department's policy is to engage consultants or commission reports only in circumstances where: specialised knowledge or expertise, not available in the Department or in the wider Civil Service or public service, is required for a temporary period; a need for objectivity and-or independence is deemed essential; a consultancy study is required by an external body such as the EU; a specialist study or project must be completed within a short timescale; the specialised knowledge or expertise may be available within the Department, but an in-house solution would involve a prohibitive opportunity cost and-or would be impractical, for example, where staff must be diverted from other essential duties.

My Department is particularly mindful of the value for money imperative and the need to develop and deploy in-house skills and, as far as possible, to minimise the requirement for consultancies. The Department also seeks to avail of skills and experiences of other Departments or other parts of the public sector where appropriate. I will be in touch with the Deputy as soon as possible regarding the instances, if any, where value for money issues may have been be identified as a result of assessment by outside bodies.

Regional Fisheries Boards.

Paul McGrath

Ceist:

344 Mr. P. McGrath asked the Minister for Communications, Marine and Natural Resources if and when the regional fisheries boards are to be dissolved; when a central agency will be set up; and if some of the responsibilities of the fisheries boards are to be outsourced to other agencies. [30221/05]

Paul McGrath

Ceist:

345 Mr. P. McGrath asked the Minister for Communications, Marine and Natural Resources how he will ensure adequate fish stocks, fish habitats and water quality following the proposed centralisation of the fisheries boards; and if he will make a statement on the matter. [30222/05]

I propose to take Questions Nos. 344 and 345 together.

I received the report of the first stage of the high-level review of the inland fisheries sector from the consultants concerned earlier this year and have considered its findings. It is my intention to bring this report to Government in the near future and to have it published as soon as possible thereafter. Until such time as the report is presented to Government, I am not in a position to comment on its recommendations or implementation.

Paul McGrath

Ceist:

346 Mr. P. McGrath asked the Minister for Communications, Marine and Natural Resources the number of staff employed by the Shannon Regional Fisheries Board at Tudenham, Mullingar; the grades and their annual remuneration; and if there are plans to re-deploy these personnel to the central agency. [30223/05]

The Shannon Regional Fisheries Board has 11 staff operating at its facility atTudenham in Mullingar, including an inspector, assistant inspector, two fishery officers, two foremen, four general operatives and a part-time administrative assistant. Remuneration in respect of the grades outlined is set out in the following table.

Grade

Salary Scale

Inspector

€27,853-€48,681 + (unsocial hours allowance)

Assistant inspector

€25,823-€40,030 + (unsocial hours allowance)

Fishery officer

€22,762-€33,406 + (unsocial hours allowance)

Foreman

€27,822

General operative

€25,783-€27,095

Administrative assistant

€21,257-€34,447

The deployment of staff is a matter for the Shannon Regional Fisheries Board. As I have previously stated to the House, it is my intention to bring the report of the first stage of the high-level review of the inland fisheries sector to Government in the near future and to have it published as soon as possible thereafter. Until such time as the report is presented to Government, I am not in a position to comment on its recommendations or implementation.

Alternative Energy Projects.

Fiona O'Malley

Ceist:

347 Ms F. O’Malley asked the Minister for Communications, Marine and Natural Resources the Government’s long-term strategy for the development of offshore wind resources, considering that no offshore project benefited from support in the recently announced support mechanisms for renewable energy projects; and if he will make a statement on the matter. [30484/05]

The current target to promote renewable-powered technologies in the electricity market is to increase the amount of electricity from all renewable energy sources to 13.2% by 2010. This will require us to more than double the current generating capacity of 675 MW of renewable powered plant connected to our system to 1,450 MW by 2010.

This target is demanding and requires change. I recently announced a new support programme for renewable energy-powered electricity generating plants to ensure the target is delivered. The detailed draft terms and conditions of the new feed-in support programme were recently put out to public consultation on my Department's website, www.dcmnr.gov.ie. Interested parties had until 12 October last to raise any queries or furnish any observations on the proposals and some 30 responses were received.

Following consideration of the matters raised in these responses, the new programme, to be known as the renewable energy feed-in tariff, REFIT, will be finalised and published shortly. My overall target is to optimise the amount of renewable energy technologies, which can be connected to the network while maintaining safe and reliable supply and reasonable retail charges for consumers.

Within the wind category of this new support programme, separate prices are proposed for small-scale wind projects and large-scale wind projects, and there is no differentiation between onshore and offshore projects. It will be a matter for project developers to determine whether a business case can be constructed to allow offshore projects, operating from a higher cost base than the onshore projects, to proceed under the new support programme.

The question of what higher target beyond 1450 MW can be set for all renewable energy technologies, including offshore wind, and in what timeframe, is one that requires further analysis and technical input. In July, my Northern counterpart, Ms Angela Smith MP, and I published a preliminary consultation paper on an all-island vision for renewable energy to the year 2020 and beyond. The consultation period recently ended and the response has been encouraging.

Departmental Expenditure.

John Deasy

Ceist:

348 Mr. Deasy asked the Minister for Communications, Marine and Natural Resources the amount spent by his Department in bringing into effect the provisions of the Official Languages Act 2003. [30526/05]

The amount spent to date by my Department in bringing into effect the provisions of the Official Languages Act 2003 is €84,342.36.

EU Funding.

Enda Kenny

Ceist:

349 Mr. Kenny asked the Minister for Communications, Marine and Natural Resources the payments made from Structural Funds under the economic infrastructure programme for the provision of broadband telecommunications infrastructure for the period 1999 to date; the companies paid under the programme and the extent of payments; if he has satisfied himself with the standard of work carried out and that all such works envisaged were carried out in full accordance with the conditions of the programme; and if he will make a statement on the matter. [30541/05]

Under the broadband measure of the Economic Infrastructure Operational Programme 1994-1999, EIOP, an invitation to tender was issued on 20 July 1999. Following the evaluation process, 12 projects were selected for funding. Details of the individual companies and contracts are set out as follows.

Contractor

Project Description

EIOP Payments

NTL

Deployment of fibre optic cable from Terenure to Belgard Road.

1,000,000

Chorus

Design and construction of hybrid fibre coaxial infrastructure in Castlebar.

615,627

Provide 114 km of optical fibre network linking the towns of Ennis, Shannon, Limerick, Kilmallock, Charleville, Mallow and Cork

1,082,437

Hybrid fibre coaxial cable upgrades and digital MMDS upgrades in Clonmel and Kilkenny

1,999,972

Upgrade and extend existing cable network in Thurles.

1,025,753

eircom

Development of high-capacity fibre optic infrastructure in 75 towns along the west coast from Sligo to west Cork.

4,646,763

Provision of optical fibre cable along a 32 km link connecting Galway and Castlebar, and a 40 km link between Birr and Tullamore

661,395

Esat

Rollout of fibre optic cable in urban areas including Cork, Galway, Dundalk, Thurles, Carlow, Tralee, Athlone, Sligo, Maynooth, Letterkenny and Limerick.

1,010,728

Extension of Esat’s national fibre optic network to Mayo, Roscommon and Sligo, covering the towns of Athlone, Ballina, Claremorris, Roscommon, Castlerea, Ballyhaunis, Sligo and Collooney.

1,844,150

Extension of Esat’s national fibre optic network from Cork to Little Island to Carrigtwohill, 21 km.

375,095

Construction of a high-capacity fibre optic digital corridor linking Dublin, Athlone, Galway and Shannon and 30 locations en route.

6,000,000

HEAnet

HEAnet delivers managed broadband services to more than 30 educational and research institutions throughout the State.

898,377

Total EIOP payments

21,160,297

Financial audits were carried out by Ernst & Young, which was appointed following a tender process. The technical evaluation of each project was completed by North West Labs Limited, which furnished a completion report for each phase and a final report for each project.

Industrial Relations.

Michael Lowry

Ceist:

350 Mr. Lowry asked the Minister for Communications, Marine and Natural Resources the reason An Post pensioners are not being awarded the full terms of the Sustaining Progress agreement; if he has met senior management in An Post regarding this matter; and if he will make a statement on the matter. [30745/05]

I am aware of the situation that has arisen in regard to industrial relations issues at An Post, in particular, the non-payment of Sustaining Progress increases to the company's pensioners and employees. I have no function in directing An Post in the matter of operational and commercial issues such as the application of national pay awards.

An Post has a remit to be financially viable and, following significant losses which amounted to €43 million in 2003 alone, An Post management invoked the "inability to pay" clause provided for in Sustaining Progress. Therefore, the key challenge for the company is to return to long-term financial stability. An agreement on a viable recovery plan is the only way forward for An Post to deliver quality services to our citizens, while at the same time providing sustainable well-paid employment for its staff.

To progress the change agenda, an exhaustive process of negotiation was entered into between An Post management and An Post trade unions, under the auspices of the Labour Relations Commission, LRC, and then the Labour Court, which has lasted almost two years. The question of Sustaining Progress payments to employees was addressed in a process brokered by the Labour Relations Commission. Assessors appointed by the LRC recommended that An Post was in a position to pay a 5% increase to its employees. This increase, backdated to 1 January 2005, was paid to An Post employees and pensioners at the end of June 2005.

To meet union concerns, a three-person expert group was formed under the auspices of the Labour Court to devise a workable agreement on collection and delivery. The process at the Labour Court recently concluded with the court's recommendation that the company accept the proposals as set out by the three-person, court-appointed technical group's report on An Post's collection and delivery arrangements and that upon ratification by both parties of the draft agreement annexed to that recommendation, the company should arrange for payment of all 2005 and future increases due under Sustaining Progress to its employees and pensioners. The court further recommended that all retrospective payments, relating to the recent 5% increase paid by An Post, be made to its employees and pensioners as soon as the company is returned to reasonable and sustainable profit and when commercial circumstances permit.

On 5 September 2005, however, the Labour Court's recommendations on the issues of Sustaining Progress and collection and delivery were rejected by the main union in An Post, the Communications Workers Union, with the result that the company is not in a position to make any further increases to its employees or pensioners. I have frequently engaged with and met the management and unions of An Post to emphasise the importance of an early start to the company's modernisation and that both sides must engage directly in order to resolve long-standing and deep-seated problems besetting the company. It is only then that the concerns facing the company, its employees and pensioners will be addressed.

Question No. 351 answered with QuestionNo. 333.

Consultancy Contracts.

Richard Bruton

Ceist:

352 Mr. Bruton asked the Minister for Foreign Affairs the guidelines in place for the commissioning of outside expertise in the consultancy and public relations fields; and if ministerial approval is required for approval of expenditure on such commissions. [30156/05]

Richard Bruton

Ceist:

353 Mr. Bruton asked the Minister for Foreign Affairs the percentage of reports, consultancies and cases from external commissions where the issue of poor value for money in his Department was highlighted, from 1998 to date in 2005. [30171/05]

I propose to take Questions Nos. 352 and 353 together.

In commissioning outside expertise, my Department is guided by a number of publications and circulars issued by the Department of Finance. These include Guidelines for Engagement of Consultants in the Civil Service, March 1999; Public Procurement Guidelines — Competitive Process, 2004; Ethics in Public Procurement, June 2005; and Guidance arising from Quigley Report Recommendations, September 2005.

We are also guided by the protocols set out in the February 2005 guidelines issued by the Department of the Taoiseach entitled "Additional Procedures to apply to certain consultancies and procurements". Within the context of Vote 29, International Co-operation, a number of detailed guideline documents outline the specific procedures to be used by the development co-operation division of my Department. These include Financial Policy Guidelines and Procedures Manual, April 2005; Guidelines on Project Appraisal and Evaluation Group, PAEG, Processes and the Preparation of PAEG Documents, April 2005; and Guidelines for Procuring Goods and Services, May 2004.

These guidelines are applied in the operation of all projects and programmes under the aegis of Development Co-operation Ireland, including consultancies and public relations. The pattern of consultancies carried out by the development co-operation division is, in the main, for small-scale commissions, typically less than €30,000 in value.

The Department's evaluation and audit unit examines consultancy contracts commissioned by the development co-operation division. This consultancy work was also reviewed by the independent audit committee of the Department of Foreign Affairs. In its annual report for 2004, the audit committee did not indicate any value for money concerns around specific consultancies. It endorsed the recommendations made by the evaluation and audit unit for continued improvement in the management of consultancies.

Ministerial approval is not required for the engagement of outside expertise and I have had no personal involvement in the process. Approval of expenditure in this regard is a matter for the departmental accounting officer. Inevitably, there are variations in the quality of the advice or expertise received from external commissions but the Department insists upon the highest standards in achieving value for money in the commissioning of any outside expertise.

Human Rights Issues.

Ciarán Cuffe

Ceist:

354 Mr. Cuffe asked the Minister for Foreign Affairs if his attention has been drawn to the recent reports that two gay teenagers were hanged after being found guilty of homosexuality in Iran; and if such reports are true, if the Government will express its concern through diplomatic and other appropriate means. [30445/05]

As I stated in reply to a written question on 28 September 2005, I was deeply concerned by reports of the public execution of two youths in Mashad in Iran on 19 July, following their conviction for the abduction and rape of a minor. The Government is strongly opposed to the use of the death penalty in all circumstances, and the worldwide abolition of the death penalty is a political priority for us and our partners in the EU. In addition, we have also strongly urged states which retain the death penalty not to apply it to any person below adult age. I understand at least one of the youths in this case was aged under 18 at the time of the offence.

The EU issued a statement on 26 July expressing strong concerns in regard to the Mashad case and, more broadly, on the use of the death penalty and the execution of minors in Iran. These concerns were also raised directly with the foreign ministry in Iran. The Government will continue to monitor the human rights situation in Iran closely, through our embassy in Tehran and in co-operation with our partners in the EU.

Diplomatic Representation.

John Deasy

Ceist:

355 Mr. Deasy asked the Minister for Foreign Affairs if he will raise with the Irish Embassy in Paris the lack of assistance given to persons (details supplied) in County Waterford following the robbery of their money and credit cards while on holiday; if the embassy will provide full assistance in such cases; and if he will make a statement on the matter. [30501/05]

The persons referred to by the Deputy contacted the Irish Embassy in Paris on the morning of Tuesday 11 October following a robbery. I understand the consular staff confirmed that neither had suffered any physical harm, that they were still in possession of their flight tickets and passports and that they had accommodation for the rest of their stay.

The consular staff also advised the persons in question to report the incident to the local police. When it became clear that they needed financial assistance, they were contacted and advised on how to organise a transfer of funds from Ireland. They were also assured that if they encountered any difficulties transferring the funds, they should alert the embassy. They were subsequently contacted to establish that sufficient funds had been received. When this was confirmed, I understand the persons concerned expressed appreciation for the embassy's assistance.

I assure the Deputy that the consular staff in the Department and in the Paris embassy strive to offer the maximum understanding and support in all difficult circumstances, such as those outlined by the Deputy.

Departmental Expenditure.

John Deasy

Ceist:

356 Mr. Deasy asked the Minister for Foreign Affairs the amount spent by his Department in bringing into effect the provisions of the Official Languages Act 2003. [30527/05]

It was already my Department's policy, prior to the coming into effect of the Official Languages Act 2003, to publish most classes of documentation intended for public dissemination in both Irish and English. A training programme was also in place to assist staff in developing their Irish language skills. This was and is part of a wider policy aimed at developing the Department's capability to accommodate those customers who prefer to conduct their business with the Department through Irish. As a consequence, there has been no expenditure to date that can be attributed solely to implementing the provisions of the Act.

Expenditure will arise in due course in regard to the publication by the Department of a notice under section 13 of the Act. This requirement will arise when the Department is formally requested by the Minister for Community, Rural and Gaeltacht Affairs to prepare a draft scheme specifying the services the Department will provide through Irish or English only, and those which will be provided through both languages. The notice will invite submissions from the public and a draft scheme will then be prepared and submitted for approval to the Minister for Community, Rural and Gaeltacht Affairs. The cost of publishing the notice is estimated at €12,000 to €15,000.

Foreign Conflicts.

Finian McGrath

Ceist:

357 Mr. F. McGrath asked the Minister for Foreign Affairs the position regarding the case of a person (details supplied) in Iraq; and if the Iraqi people are aware he is an Irish citizen. [30773/05]

We were all delighted by the release of Mr. Rory Carroll. I share the enormous sense of relief felt by all people in Ireland at his release and I pay tribute to the dignity and composure of theCarroll family throughout the whole ordeal and under such pressure.

I take this opportunity to record the Government's and my own appreciation to all who helped achieve this happy outcome. In particular, we have maintained the closest contact with a number of our EU partners, Britain, France and Italy, whose co-operation, both in their capitals and on the ground in Baghdad, has been quite outstanding. I have written to the British Foreign Secretary, Mr. Jack Straw, and to Foreign Ministers Philippe Douste-Blazy and Gianfranco Fini of France and Italy respectively, to express our deep appreciation for their efforts. In addition, I thank the opposition parties for their co-operation throughout. Likewise, the interim Iraqi Government and the Iranians were helpful. I also thank the Muslim community in Dublin for its concern and support.

Throughout the 36 hours that Rory Carroll was abducted, the Government used every opportunity to emphasise his Irishness. To cover all eventualities, the Taoiseach and I decided, based on professional advice from Baghdad, to put an Irish team, led by a senior ambassador and including Garda and Defence Forces personnel, on the ground in Iraq. We believed it was vital to have our people on the spot to ensure our input into discussions and decision making in Baghdad. The team would have remained in constant contact with the Government.

Consultancy Contracts.

Richard Bruton

Ceist:

358 Mr. Bruton asked the Minister for Arts, Sport and Tourism the guidelines in place for the commissioning of outside expertise in the consultancy and public relations fields; and if ministerial approval is required for expenditure on such commissions. [30157/05]

In commissioning outside expertise in the consultancy and public relations fields my Department adheres to the Department of Finance publications, Guidelines for Engagement of Consultants in the Civil Service, 1999; Public Procurement Guidelines — Competitive Process, 2004; and all of the supplement to the Department of Finance circular 40/02. Responsibility for the commissioning of consultancies by my Department is delegated to senior management.

New guidelines arising from the recommendations of the Quigley report have been circulated recently within my Department and will be adhered to in future.

Richard Bruton

Ceist:

359 Mr. Bruton asked the Minister for Arts, Sport and Tourism the percentage of reports, consultancies and cases from external commissions where the issue of poor value for money in his Department was highlighted, from 1998 to date in 2005. [30172/05]

There are no instances in my Department where poor value for money has been highlighted in regard to reports, consultancies and cases from external commissions.

Sports Funding.

Ciarán Cuffe

Ceist:

360 Mr. Cuffe asked the Minister for Arts, Sport and Tourism if he has put in place any means of gender-proofing the distribution of sports funding; and if he will make a statement on the matter. [30463/05]

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 for projects which must be directly related to the provision of sport and recreation facilities.

The guidelines, terms and conditions of the programme stipulate that "applicants will have to submit rules and procedures as evidence of non-discrimination on the grounds of sex, religion, ethnic origin etc.". This emphasis on ensuring equality of treatment is reflected in the fact that grants allocated under the scheme are made available only to organisations whose membership is open to both sexes. It should, however, be borne in mind that in some situations and sports, patterns of participation may differ as between males and females.

The local authority swimming pool programme, also administered by my Department, provides capital funding to local authorities for the building or refurbishment of public swimming pools. These publicly funded facilities are open to all members of the community.

Departmental Expenditure.

John Deasy

Ceist:

361 Mr. Deasy asked the Minister for Arts, Sport and Tourism the amount which has been spent by his Department in bringing into effect the provisions of the Official Languages Act 2003. [30528/05]

Prior to the enactment of the Official Languages Act 2003, my Department was already making a range of departmental publications available bilingually including the Department's statement of strategy and customer charter. It also had bilingual stationery and placed public advertisements in both languages. Therefore, implementation of the Act in these areas involves no extra costs for my Department.

The total amount spent by my Department arising directly from the implementation of the provisions of the Official Languages Act 2003 is approximately €15,000 which has been met from within my Department's existing budget.

Sports Capital Programme.

Mary Upton

Ceist:

362 Dr. Upton asked the Minister for Arts, Sport and Tourism if the grant of €100,000 which was provisionally allocated under the 2004 sports capital programme to Dublin City Council towards the provision of a skateboarding park in Bushy Park is still available for that purpose, given that the skateboarding park has yet to be built; the provisional allocation which this is dependent upon; if he has satisfied himself that the sustainability, viability and running costs, including insurance, of the facility have been adequately examined in line with sports capital programme requirements; if that examination has been concluded; and the conclusion of that examination. [30768/05]

A grant of €100,000 was provisionally allocated to Dublin City Council under my Department's 2004 sports capital programme to assist in the provision of a skateboarding facility in Bushy Park.

The provisional allocation was made following a detailed assessment of the council's application in accordance with the various criteria set out in the guidelines, terms and conditions of the programme.

Following contact between the council and my Department, this provisional grant remains available to the council. Grant payments can only be made by the Department as construction work proceeds and the other payment requirements are fully met by the grantee.

The day-to-day management of this facility once completed, including all running costs and the provision of insurance, will be a matter for Dublin City Council.

Estate Agents Regulation.

Finian McGrath

Ceist:

363 Mr. F. McGrath asked the Minister for Enterprise, Trade and Employment his plans in relation to malpractices by an estate agent and if he will work with other Departments on this matter. [30018/05]

The licensing of estate agents is currently a matter for the courts and, therefore, is more appropriate to my colleague, the Minister for Justice, Equality and Law Reform.

However, I am aware that the Minister for Justice, Equality and Law Reform published the report of the auctioneering-estate agency review group on 18 October 2005. My Department was represented on this review group. The Government recently approved the report of the group and, following a recommendation in the group's report, the Minister for Justice, Equality and Law Reform has announced that he intends to establish, on an interim basis, a new regulatory authority for the sector. Accordingly, all allegations of malpractice by estate agents will, in future, be a matter for the new regulatory authority.

Work Permits.

Tom Hayes

Ceist:

364 Mr. Hayes asked the Minister for Enterprise, Trade and Employment the position regarding the appeal on a decision not to approve work permits in the case of persons (details supplied). [30142/05]

The work permits section of my Department took a decision to refuse applications for work permits in respect of the named individuals on 6 October 2005. The employer has been notified of this decision in writing and has been informed of their right of appeal. To date no such appeal has been received.

Consultancy Contracts.

Richard Bruton

Ceist:

365 Mr. Bruton asked the Minister for Enterprise, Trade and Employment the guidelines in place for the commissioning of outside expertise in the consultancy and public relations fields; and if ministerial approval is required for approval of expenditure on such commissions. [30158/05]

My Department operates to detailed guidelines when commissioning outside expertise from our consultancy or research budgets. In that regard, my Department interprets consultancy as relating mainly to the provision of advice and research as relating to the compilation of information or data.

The guidelines state, inter alia, that the requirements for external consultancies and-or research projects should arise only where appropriate skills, knowledge or expertise are not available within the Department, where a particular need arises that cannot be addressed within the resources available, and-or where expertise available in other Departments and offices, for example, obtaining legal advice from the Chief State Solicitor’s office in preference to engaging external consultants, cannot be used.

Furthermore, to maximise the effectiveness of the consultancy and research budgets, all proposals for funding must present a strong business case to my Department's management board for its consideration and approval.

In evaluating each business case my Department examines whether the project is designed to tackle a problem of sufficient importance to the Department relative to the costs, both in terms of financial and staff resources involved. It also examines whether the business case has been properly identified, prepared and is convincing, and the links to the Department's strategy statement.

The guidelines also set out the specific information required in each application for funding. These include: an evaluation of possibilities other than engaging external consultants to carry out the project; the purpose of the project; an outline of the timescale and scope of the project; the main objectives of the study; the amount requested and the anticipated timescale for the project; the tendering and evaluation process to be undertaken, including the timescale anticipated for this; any proposed companies it is intended to invite to tender, if appropriate, and if available; and the deliverables expected to result from the project, including the possibility for future cost savings.

The guidelines also address the issue of regular progress reports on projects approved. My Department's management board approves projects bidding for funding for the commissioning of external expertise in line with the aforementioned guidelines and ministerial approval is not routinely required. I would, naturally, be made aware of particular projects from time to time.

Insofar as the commissioning of outside expertise in consultancy funded through mainstream subheads of my Department's Vote is concerned —for example, in the area of science and technology — the same principles for the use of public moneys to purchase goods or services apply. These include, equal treatment, non-discrimination, transparency, and value for money. We also require that multiple quotes are requested and that clear criteria are set against which competing tenders can be assessed.

The same guidelines apply to the commissioning of PR consultancies. However, my Department has not commissioned such expertise in either 2004 or 2005 to date. Our 2004 expenditure in this general area was confined to media advertising in related to statutory obligations, advertising in the national and provincial papers, exhibitions and so on.

Where a contract is anticipated to exceed €152,000, excluding VAT, the EU's tendering rules must be applied. In this regard, the Department of Finance procurement guidelines have been disseminated throughout my Department and we have a dedicated resource available to assist in clarifying these rules should that prove necessary.

Richard Bruton

Ceist:

366 Mr. Bruton asked the Minister for Enterprise, Trade and Employment the percentage of reports, consultancies and cases from external commissions where the issue of poor value for money was highlighted in his Department, from 1998 to date in 2005. [30173/05]

All proposals for funding from my Department's consultancy and research budgets are evaluated against the criteria outlined in my response to the Deputy's Question No. 365, also for answer today. These criteria have ensured maximisation of the effectiveness of both the consultancy and research subheads. My Department is satisfied that value for money has been achieved in all cases.

Health and Safety Regulations.

Martin Ferris

Ceist:

367 Mr. Ferris asked the Minister for Enterprise, Trade and Employment if he will make a statement on the outcome of the investigation into health and safety at an apartment block (details supplied) in County Kerry. [30239/05]

Under the Safety, Health and Welfare at Work Act 2005, the Health and Safety Authority is the State body charged with overall responsibility for administration, enforcement and promotion of workplace safety and health. Matters arising from this responsibility are, therefore, a day-to-day function of the authority.

I understand that a written complaint was received by the Health and Safety Authority in July 2005 relating to an allegation about inadequate safety and health arrangements for staff working on their own at night at the workplace referred to in the Deputy's question, as well as some other matters outside the authority's remit.

On foot of the complaint, the authority contacted the complainant by telephone and wrote to the employer informing him of the allegations and requesting a response, detailing the control measures or remedial action to be taken if the allegations were true.

Since then, the authority tried without success to contact the complainant. If the complainant wishes to pursue the matter further, he should contact the authority again.

Competition Authority.

Phil Hogan

Ceist:

368 Mr. Hogan asked the Minister for Enterprise, Trade and Employment the number of prosecutions initiated by the Competition Authority for breaches of the Competition Act 1991 and 2002 for each year since 1996; the number of convictions secured; and if he will make a statement on the matter. [30283/05]

Phil Hogan

Ceist:

369 Mr. Hogan asked the Minister for Enterprise, Trade and Employment the number of civil cases initiated by the Competition Authority in the High Court since 1996 concerning breaches of the Competition Acts 1991 and 2002; the number of such proceedings that were withdrawn, settled or otherwise compromised; the number of such proceedings that went to a full hearing before the High Court; the number of proceedings that have yet to be heard by the High Court; and if he will make a statement on the matter. [30284/05]

Phil Hogan

Ceist:

370 Mr. Hogan asked the Minister for Enterprise, Trade and Employment the number of civil or criminal cases that the Competition Authority has initiated under section 4 of the Competition Acts since 1996; and if he will make a statement on the matter. [30285/05]

Phil Hogan

Ceist:

371 Mr. Hogan asked the Minister for Enterprise, Trade and Employment the number of civil or criminal cases taken by the Competition Authority since 1996 under section 5 of the Competition Acts for an alleged breach of a dominant position; and if he will make a statement on the matter. [30286/05]

Phil Hogan

Ceist:

372 Mr. Hogan asked the Minister for Enterprise, Trade and Employment the number of complaints the Competition Authority has received for alleged breaches of the Competition Acts for each year since 1996; the number of complaints that have gone on to be investigated by the authority; the number of complaints that have resulted in the initiation of legal proceedings by the authority in respect of alleged breaches or the conclusion of agreements between the authority and parties; and if he will make a statement on the matter. [30287/05]

Phil Hogan

Ceist:

374 Mr. Hogan asked the Minister for Enterprise, Trade and Employment the number of investigations which have been carried out in respect of complaints received by the Competition Authority for breaches of the Competition Acts for each of the years from 1996 to date; the average length of time between the receipt of the complaint by the authority and the conclusion of its investigation or the determination of legal proceedings; and if he will make a statement on the matter. [30289/05]

I propose to take Questions Nos. 368 to 372, inclusive, and 374 together.

The Competition Authority is an independent statutory body which was established under the Competition Act 1991 and continued under the Competition Act 2002. I have no role in relation to the day-to-day activities of the authority regarding the way in which it discharges its statutory functions nor do I have any detailed information regarding every case of competition law enforcement in which the authority becomes involved. I am aware, however, that the authority is currently involved in significant legal proceedings regarding alleged breaches of competition law but it would be inappropriate for me to comment further on any such current matter.

The authority has also advised me that while it would try to facilitate anyone with requests for statistical data, information in relation to its enforcement activities has been provided routinely since 1991 in its annual reports.

The authority is required by the Competition Act 2002 to report to the Oireachtas in a number of ways. For example, section 42 of the Act requires it to publish an annual report by the end of February each year detailing its activities in the previous year and, prior to publication, the authority is required to have laid a copy of its annual report before each House of the Oireachtas.

Section 38 of the Act sets out the functions and accountability of the chairperson which can require him to give evidence before the Committee of Public Accounts and any other committee of the Oireachtas whose business relates to examination of competition policy.

The chairperson appeared before the Committee of Public Accounts in July 2004 and has given evidence to the Oireachtas Joint Committee on Enterprise and Small Business on a number of occasions, most recently in September 2005. The records of all of these meetings are freely available.

The authority assures me that it would be more than happy to provide Deputies with any further assistance required in this matter. However, I draw attention to the authority's 2004 annual report in which it stated that the vast majority of complaints made to it do not reveal a breach of competition law or are resolved at an early stage without the need for legal action.

I also point out that because of the complexities involved in the enforcement of competition law, proceedings often prove lengthy.

Phil Hogan

Ceist:

373 Mr. Hogan asked the Minister for Enterprise, Trade and Employment the redress that exists for a person who makes a complaint to the Competition Authority in a case in which the authority decides not to investigate the complaint; if an administrative appeal exists against the authority’s decision; and if he will make a statement on the matter. [30288/05]

There is no administrative appeal against a decision of the authority not to investigate a complaint. However, the Competition Act 2002 provides for a right of private action to any person for breaches of competition law.

The authority acknowledges that complaints are a vital part of its campaign to stamp out anti-competitive behaviour in Ireland and it has published, both on its website and in its annual report, details on how to make a complaint and what type of information it requires to progress a complaint.

Complaints made to the authority are subject to a screening system, details of which were published in the authority's 2003 annual report. This screening system essentially involves three stages.

All complaints received are examined within one week of receipt to determine the validity or otherwise of the complaint, thereby disposing of those that do not involve a competition issue or offence, and referring on to an evaluation stage those that require further scrutiny.

Evaluation involves additional work to decide whether to progress to an investigation. This may involve background research, taking formal statements from complainants and-or third parties and examining the legal parameters of the case. The object of this part of the exercise is to identify cases suitable for investigation and to close off others in the interest of efficiency of resources, etc.

Complaints considered appropriate for investigation then proceed, subject to adequate resources being available, etc.

At all stages of the process complainants are advised as to the status of their complaint.

Question No. 374 answered with QuestionNo. 368.

Phil Hogan

Ceist:

375 Mr. Hogan asked the Minister for Enterprise, Trade and Employment the professional backgrounds of the members of the Competition Authority; and if he will make a statement on the matter. [30290/05]

There are currently three members of the Competition Authority. Details about their professional backgrounds are posted on the authority's website at www.tca.ie.

Mr. Declan Purcell was appointed to the Competition Authority in April 1998. He previously worked in the Department of Enterprise, Trade and Employment in a wide range of management positions, including industrial policy development, human resource development and company law.

Mr. Paul Gorecki was appointed in June 2000. He is an economist by profession having been awarded his BSc. (Econ.) at the University of London in 1969, followed by an M.A. in Economics at Queen's University, Ontario, in 1971, and a Ph.D. at the London School of Economics in 1974.

Mr. Edward Henneberry was appointed a member of the Competition Authority in September 2003. He is a lawyer by profession. Prior to joining the authority, he was a senior partner in Howrey, Simon, Arnold and White's anti-trust practice group, based in Washington, D.C. The focus of his practice was anti-trust litigation, mergers and government investigations.

A new member has been appointed and will take up his position in February 2006. He is Mr. Stanley Wong, currently a partner and head of the competition law practice in Canadian law firm Davis & Company. He is qualified as an economist and a lawyer.

World Trade Negotiations.

Aengus Ó Snodaigh

Ceist:

376 Aengus Ó Snodaigh asked the Minister for Enterprise, Trade and Employment if he will make a statement on the Government’s preparations for the next round of World Trade Organisation talks beginning on 20 October 2005 and the French proposal for a technical committee on the socio-economic impact of future trade moves; and the Government’s priorities in terms of the upcoming negotiations. [30304/05]

Since the re-launch of the Doha development agenda in July 2004, with the adoption of the framework agreement by WTO members, DDA negotiations have been on-going in Geneva across the full range of trade-related issues, including agriculture, industrial goods, services, and the issue of development. Negotiations have been slow but have increased in intensity in recent weeks in the lead-in to the WTO ministerial conference in Hong Kong, in December, with the tabling of offers by WTO members, including the United States.

Ireland's objective, and that of the EU, going into Hong Kong is to come to a result that will be ambitious, balanced and creates the right basis for the final and decisive stage of negotiations with a view to concluding the round as soon as possible after Hong Kong. Ireland's priority has been, and is, to see that the process of trade liberalisation continues in a fair and balanced manner and that the WTO continues to provide a stable and constant framework for the regulation of world trade.

The conclusions of the EU General Affairs and External Relations Council last week, which considered the state of play of the current WTO negotiations, reaffirmed the importance to the EU of overall balance in the outcome of the DDA negotiations. The council underlined its support for the European Commission's efforts to secure an outcome in line with its negotiating mandate. This process is to include explanations to the Council, confirming that the Commission's actions remained within the mandate, including as necessary, the use of technical analysis.

Industrial Relations.

Olwyn Enright

Ceist:

377 Ms Enright asked the Minister for Enterprise, Trade and Employment if employees of electrical contractors are included under an agreement registered in Employment Agreements of 7 March 1969 as provided for under section 28 of the Industrial Relations Act 1946 and as varied by the Labour Court; if such employers are required to pay into this; and if he will make a statement on the matter. [30330/05]

The employment conditions of employees of electrical contractors are regulated under registered employment agreements for the electrical contracting industry as varied by the Labour Court. The agreements apply to all electricians engaged in the general electrical contracting industry and to all electrical contractors engaged in the industry.

The registered employment agreement for the electrical contracting industry provides that sick pay and pension and mortality schemes equal in benefits to those required by the terms of the registered employment agreement for the construction industry apply to those employees over 20 years of age.

With regard to pensions, my Department has no direct role in the day-to-day operation of the pension scheme, which is administered by the Construction Industry Federation. However, there is provision in the agreement for a trade union representative of employers or workers to complain to the Labour Court where an employer is alleged to have failed to comply with the registered employment agreement. In pursuing the matter the Labour Court can be assisted by the labour inspectorate. Acting on specific information from the Labour Court, the employment records of an employer will be examined by an inspector and any relevant information gathered is communicated back to the Labour Court subsequently. The inspectorate has no other function in the matter.

Having completed its examination of the complaint the Labour Court can, where it deems it appropriate, issue an order. The Department will process legal proceedings against an employer who fails to comply with that court order.

Irish Fertilizer Industries.

Brendan Howlin

Ceist:

378 Mr. Howlin asked the Minister for Enterprise, Trade and Employment if, in view of the recent announcement by the liquidator of Irish Fertilizer Industries that moneys realised allow payment of 39% of claims of creditors, and the fact that the State will make a considerable tax take from the sale of property by the liquidation, sufficient funds will be available to the liquidator to pay the promised level of redundancy to the former employees of the company; and if he will make a statement on the matter. [30496/05]

Following the decision by the board of IFI to put the company into liquidation, ICI and the State, the shareholders in IFI, while there was no legal obligation to do so, established a special fund with almost €24.5 million to provide ex gratia severance payments to the former employees of IFI. Payments from the fund were made in accordance with the basis for distribution determined by the trustee of the fund, which was endorsed by a ballot open to all employees. These payments were in addition to statutory redundancy entitlements which were also paid.

In addition, the liquidator has admitted, as unsecured creditors in the liquidation, claims from the employees of the company to have entitlements in respect of the voluntary severance terms traditionally paid by the company. However, the dividend payable to the workers concerned, if any, can only be determined when all the assets of the company have been realized and all liabilities established. It must be emphasised that the amount, if anything, to be paid in due course in respect of such claims is a matter solely for determination by the liquidator.

Departmental Expenditure.

John Deasy

Ceist:

379 Mr. Deasy asked the Minister for Enterprise, Trade and Employment the amount which has been spent by his Department in bringing into effect the provisions of the Official Languages Act 2003. [30529/05]

It is estimated that €41,694.00 has been spent by my Department in bringing into effect the provisions of the Official Languages Act, 2003.

Unemployment Levels.

Cecilia Keaveney

Ceist:

380 Cecilia Keaveney asked the Minister for Enterprise, Trade and Employment his views on the latest unemployment figures for the Border counties, with special reference to Donegal, in the context of the trend over the past ten years in the region; and if he will make a statement on the matter. [30614/05]

According to figures provided by the Central Statistics Office from the 1995 labour force survey and the most recent quarterly national household survey, unemployment in the Border region has dropped from 17,800 in 1995, to 10,300 in the second quarter of 2005. Over the same period, the unemployment rate for persons in the Border region has dropped from 11.4% to 4.9%. While the quarterly national household survey does not give a county breakdown, I am aware that the live register analysis figures for Donegal show a decrease from 9,432 in September 2004 to 8,586 in September 2005. Overall, I am encouraged by these figures which show ongoing positive trends.

As Minister for Enterprise, Trade and Employment, my objective is to ensure that the Border region remains a globally competitive, profitable and secure location for business. We can best help enterprise by continuing to implement policies that are pro-business and by implementing the right balance of enterprise supports and at the right time to help business. When provided with the best supporting and competitive environment, business and industry will develop to capitalise on investment and growth opportunities. Developing a competitive economy, resilient to the toughest competitive pressures, is the optimal approach to sustainable employment growth both in County Donegal and the Border region as a whole. Indeed, there have been significant job announcements for County Donegal this year, with over 600 new jobs being announced in companies supported by the development agencies.

Social Welfare Benefits.

John Gormley

Ceist:

381 Mr. Gormley asked the Minister for Social and Family Affairs if returned Irish immigrants who have been living outside the country for more than two years are entitled to the same social welfare benefits as all Irish citizens; and if he will make a statement on the matter. [30060/05]

From 1 May 2004 a requirement to be habitually resident in Ireland was introduced as a qualifying condition for certain social assistance schemes including child benefit.

The basis for the restriction contained in the rules is the applicant's habitual residence. The restriction is not based on citizenship, nationality, immigration status or any other factor. Irish citizens, including returned Irish emigrants, must satisfy the habitual residence condition on the same basis as any other applicants for social assistance.

The effect of the restriction is that a person whose habitual residence is elsewhere is not paid certain social welfare payments on arrival in Ireland. The question of what is a person's "habitual residence" is decided in accordance with European Court of Justice case law, which sets out the grounds for assessing individual claims. The court has determined that five factors are relevant in determining whether a person is habitually resident, which are: 1. Length and continuity of residence in a particular country; 2. Length and purpose of absence from Ireland; 3. Nature and pattern of the employment; 4. Applicant's main centre of interest; and 5. Future intention of applicant concerned as it appears from all the circumstances.

Each case received for a determination on the habitual residence condition is dealt with in its own right and a decision is based on application of the guidelines to the particular individual circumstances of each case. Any applicant who disagrees with the decision of a deciding officer has the right to appeal to the social welfare appeals office. The habitual residence condition is not applied to social welfare benefit schemes, as these scheme types are based on insurance contributions.

Jerry Cowley

Ceist:

382 Dr. Cowley asked the Minister for Social and Family Affairs if free travel will be extended to older Irish emigrants, at the very least to Irish pensioners living in the UK, when they return here on their holidays; and if he will make a statement on the matter. [30065/05]

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

There has been a number of requests and inquiries in relation to the extension of entitlement to free travel to Irish born people living outside Ireland, particularly in the UK.

I assure the Deputy that there is a strong desire on the part of the Government to extend the free travel concession to older Irish emigrants, particularly those in the UK, as a recognition of their contribution to the economic life and other aspects of the growth of this country over several decades.

This issue has now been examined in considerable detail. As of now, the legal advice available to me is that such a proposal would be contrary to the EU treaty, which prohibits discrimination on grounds of nationality. While taking this advice on board, I intend to continue to examine the options that remain available and to pursue all possible avenues in order to advance the issue further.

Michael Ring

Ceist:

383 Mr. Ring asked the Minister for Social and Family Affairs if a reassessment of means for a person (details supplied) in County Mayo in respect of their claim for farm assist will be arranged; if he will provide a complete breakdown of the calculations of their recent assessment given exact details of where the income and means assessed were earned. [30066/05]

A deciding officer disallowed the farm assist claim of the person concerned from 26 May 2005, on the grounds that his means exceeded the statutory limit of €148.80 per week, which is the rate applicable in this person's case.

The means of the person concerned are derived from income from a holding and the capital value of a house.

His means are assessed as follows:

gross income from holding, €19,733.00;

less expenses, €15,776.92;

net income, €3,956.08 x 70%;

yearly means, €2,769.20 ÷ 52; weekly means from holding, €53.25;

capital value of house, €100,000;

less disregards, €20,000;

assessable capital, €80,000; €10,000 @ €1.00 per €1,000; €10.00,

€10,000 @ €2.00 per 1,000; €20.00; €60,000 @ €4.00 per €1,000; €240.00.

Total weekly means from capital, €270.00.

Total weekly means assessable, €323.00.

It is open to the person concerned to appeal this decision and a form for this purpose was issued to him on 20 October 2005. Under social welfare legislation, decisions on claims must be made by deciding officers and appeals officers. These officers are statutorily appointed and I have no role in regard to making such decisions.

Bernard J. Durkan

Ceist:

384 Mr. Durkan asked the Minister for Social and Family Affairs if the community welfare officer has discretion in the case of a person (details supplied) in County Mayo; and if he will make a statement on the matter. [30104/05]

Section 172(1) of the Social Welfare (Consolidation) Act 1993 provides that people in full-time education are not normally eligible to receive assistance, including rent supplements, under the supplementary welfare allowance scheme. Section 172(3) of the Social Welfare (Consolidation) Act 1993 and regulations made thereunder, provide that in a case where there are exceptional circumstances, supplementary welfare allowance may be granted to a person who would qualify other than for their exclusion under section 172(1). This discretion is aimed at enabling assistance to be provided through the scheme if necessary to people who face an exceptional non-recurring cost which they cannot meet from their own resources. This exceptional needs provision is not intended to circumvent existing standard rules for other schemes.

Under the back to education scheme operated by my Department, there is special provision to enable the retention of rent supplement, and any other secondary benefits to which they had been entitled, by eligible people who wish to resume full-time education in approved courses.

The person concerned is in full-time third level education. She is not eligible under the back-to-education scheme, and in any case has no existing rent supplement to retain under that scheme as she has not been in receipt of supplement previously. The Dublin-mid-Leinster area of the Health Service Executive has advised that it has thoroughly examined all information available to it about the circumstances of the person concerned, in considering her application for rent supplement in her college location, and has determined that she is not eligible on the basis that she is a full-time student. This decision has been upheld by a designated appeals officer of the executive recently. The executive has further advised that, in its opinion, there are no special circumstances in this case to merit payment of assistance on an exceptional needs basis.

It is open to the person concerned to appeal the decision of the executive appeals officer to the social welfare appeals office if she so wishes.

Beverley Flynn

Ceist:

385 Ms Cooper-Flynn asked the Minister for Social and Family Affairs his plans to increase the amount the dependant of an old age contributory pensioner is allowed to earn. [30136/05]

Across the majority of social welfare payments, entitlement to an increase for a qualified adult is based, inter alia, on the spouse-partner’s income. An increase at the maximum rate is payable where the spouse-partner’s income is €88.88 per week or less, with a reduced or tapered rate payable where this income is between €88.88 and €220. This lower threshold of €88.88 was last increased in budget 2000 while the upper threshold has been increased in each successive budget since then, from €171.41, £135, in 2000 to €220 in budget 2005. It should be noted, therefore, that the IQA is not fully withdrawn until the spouse-partner’s weekly income exceeds €220.

Since this Government came into office, a number of changes to these tapered arrangements have been introduced with a view to ensuring that the impact of increases in earnings are not negated for families where the spouse is the sole earner and is in low-paid employment. First, the range of income over which the IQA is withdrawn has been progressively extended. Second, provision was made for the deferral of the loss of half the child dependant allowance until the earnings of the spouse-partner exceeds the upper bound of the income range. Third, the IQA weekly rates have been increased annually in each budget package.

One of the key objectives of the 2005 social welfare budget package was to protect and enhance the real value of all rates of payment. In this context, budget 2005 provided for increases in the main personal rates of weekly payments ranging from 8.4% to 13.1%.

The main IQA rates were also increased by the same percentages thereby ensuring that they did not fall as a proportion of the associated personal rate. Thus, since the year 2000 the rate of IQA payable with old age contributory pension has increased by 56.3%, €43.06, while the consumer price index has risen by 18.8%. Similarly, since 1995, the rate of IQA has increased by 95.7%, €58.43, while the consumer price index has risen by 34.6%. This has given real increases of 31.6% and 45.4% respectively.

Any change in the current arrangements relating to entitlement to an increase for a qualified adult would have to be considered in a budgetary context and in the light of available resources.

Consultancy Contracts.

Richard Bruton

Ceist:

386 Mr. Bruton asked the Minister for Social and Family Affairs the guidelines in place for the commissioning of outside expertise in the consultancy and public relations fields; and if ministerial approval is required for approval of expenditure on such commissions. [30159/05]

My Department engages consultants to provide expertise across a range of its activities. Broadly, expertise is sought under three main headings: support with a number of strategic multi-annual programmes aimed at enhancing the delivery of the Department's services, for example, the service delivery modernisation programme; technical consultancies relating to the ongoing development of information technology systems; and consultancy assistance in other areas, including policy development, advertising and information.

My Department, in engaging consultants, adheres to the Department of Finance and EU guidelines, which are published on the Department of Finance website. All projects which require consultancy support are approved and monitored on a monthly basis by a projects governance committee comprised of senior managers in my Department.

Operational guidelines for the management of consultancy projects include standard templates for requests for tender and for consultancy contracts. These templates have been validated by the Office of the Attorney General. Operational guidelines are reviewed on a regular basis to ensure best practice in the procurement and management of consultancy services. In accordance with best practice in procurement and in line with the recommendations of the Quigley report, ministerial approval is not sought for the expenditure on consultancy expertise.

Richard Bruton

Ceist:

387 Mr. Bruton asked the Minister for Social and Family Affairs the percentage of reports, consultancies and cases from external commissions where the issue of poor value for money was highlighted, in his Department, from 1998 to date. [30174/05]

The Department's activities require the engagement of a range of consultancy expertise. Broadly, expertise is sought under three main headings: support with a number of strategic multi-annual programmes aimed at enhancing the delivery of the Department's services, for example, the service delivery modernisation programme; technical consultancies relating to the ongoing development of information technology systems; consultancy assistance in other areas, including policy development, advertising and information.

Prior to the engagement of consultants, a rigid procurement process is undertaken in accordance with public sector procurement guidelines and best practice. The achievement of value for money is the central criterion throughout the process. Once a preferred bidder has been identified, my Department agrees a contract, setting out the scope of the services to be provided by the consultants and the deliverables to be achieved. Contracts are drawn up on the basis of ensuring the Department achieves value for money. In line with such contracts, payments are made in respect of the services and deliverables achieved and provided they meet the requirements of the contract expectations of my Department in all respects.

Social Welfare Benefits.

Ruairí Quinn

Ceist:

388 Mr. Quinn asked the Minister for Social and Family Affairs his plans to introduce contributory old age pensions for home carers in their own right; and if he will make a statement on the matter. [30195/05]

Enda Kenny

Ceist:

394 Mr. Kenny asked the Minister for Social and Family Affairs the estimated number of persons who could claim contributory pensions under the homemaker’s scheme introduced in 1994; if dates were agreed for disregards being considered from 1979 when PRSI replaced flat rate contributions or 1973 at the time the marriage ban was abolished; and if he will make a statement on the matter. [30661/05]

Enda Kenny

Ceist:

395 Mr. Kenny asked the Minister for Social and Family Affairs the way in which he proposes to recognise, in the context of pension reckonable credits, the contribution of persons who gave up paid work for positions to undertake caring duties in the home on a full-time basis either for child care or elder care purposes; and if he will make a statement on the matter. [30662/05]

Enda Kenny

Ceist:

396 Mr. Kenny asked the Minister for Social and Family Affairs the progress made since March 2000 in regard to deciding on a suitable date for the establishment of disregards under the homemaker’s scheme introduced in 1994 for eligibility for pension rights for persons caring for children under 12 years on a full-time basis; and if he will make a statement on the matter. [30663/05]

I propose to take Questions Nos. 388 and 394 to 396, inclusive, together.

The social welfare pension rights of those who take time out of the workforce for caring duties are protected by carer's benefit, carer's allowance and the homemaker's scheme.

The carer's benefit and allowance schemes are designed to provide financial support while the homemaker's scheme, which was introduced from 1994, is different in nature in that it is intended to mitigate the effect of periods spent on caring duties when a person's insurance record is being averaged for pension purposes. Subject to qualifying conditions, credited contributions are awarded for each week when a person receives either carer's benefit or allowance. However, the homemaker's scheme operates differently in that it allows up to 20 years spent on caring duties to be disregarded when a person's insurance record is being averaged to assess entitlement for contributory pension purposes. For any year to be disregarded, a homemaker must be out of the workforce for a complete year, 52 weeks, from 6 April 1994. Provision is also made for the award of credited contributions in the year in which a person commences or ceases to be a homemaker.

However, it must be borne in mind that the scheme will not of itself qualify a person for a pension. The standard qualifying conditions for pensions, which require a person to enter insurance ten years before pension age, pay a minimum of 260 contributions at the correct rate and achieve a yearly average of at least ten contributions on his or her record from the time he or she enters insurance until he or she reaches pension age, must also be satisfied.

The Government is anxious to ensure that as many people as possible can qualify for pensions in their own right. A number of measures have been introduced over the years which make it easier for people to qualify for pensions. These include the reduction in the yearly average number of contributions required for pension purposes from 20 to ten and the special half-rate pension based on pre-1953 insurance contributions. Pro rata pensions are also available to allow people with mixed rate insurance records to receive a payment and this is of benefit to people who may have worked in both the public and private sectors. This set of measures is of particular benefit to women who may have less than complete social insurance records due to working in the home. It is estimated that approximately 87% of women aged 65 years of age are at present receiving social welfare support, either in their own right or as qualified adults on the pension of their spouse or partner.

There are those who will not benefit from the homemaker's scheme and who cannot qualify for a pension in their own right. In this regard, the Government is committed to increasing the payment for qualified adults, age 66 or over, to the same level as the personal rate of the old age non-contributory pension and to facilitate the direct payment of the allowance to spouses and partners. A number of special increases have been given over several budgets in pursuit of this target, totalling €56.47 per week since April 2000. Also, since 2002, new pension claimants can now opt to have the qualified adult allowance paid directly to their spouse or partner. The administrative and legislative implications of enhancing these provisions are being examined to ensure that more qualified adults can receive a personal payment.

In August 2000, the Department published a review of the qualifying conditions for old age contributory and retirement pensions. This review also included a general examination of the homemaker's scheme and suggested a number of reforms for further consideration. These included the possibility of changing the operative date of the scheme and replacing the disregard system with one based on actual credited contributions. In general, changes to insurability of employment, etc., are not backdated and the same principle was applied to the homemaker's scheme in 1994. Apart from that there would be practical difficulties in certifying periods of caring and very significant costs involved. It is difficult to suggest a date that would be equitable. One of the dates suggested was 1953 when the unified system of social insurance came into operation. A case could equally be made to backdate to 1973 when the marriage bar was removed. However, many of those who left employment due to its operation were public servants who were in most cases never insured for social welfare pension purposes. Their pension fell to be paid through their occupational pension arrangements and the solution to their difficulties should perhaps be considered in that context. Other dates mentioned are 1979 when the PRSI system was introduced or 1988 when the system of social insurance became almost universal with the inclusion of the self employed. Any date other than 1953 would result in large groups being excluded.

It is not possible to estimate the number of people who would qualify for contributory pensions having availed of the homemaker's scheme as each person's working record must be examined to determine his or her eligibility for a pension.

I am at present examining aspects of the social welfare pension system. This includes the relationship between contributory and non-contributory schemes and the operation of means testing in the context of old age non-contributory pension. The needs of people who are outside the social welfare pensions system, including those excluded by virtue of time spent on caring duties, may be best addressed in the context of that review.

Seán Haughey

Ceist:

389 Mr. Haughey asked the Minister for Social and Family Affairs if the household benefits package and free travel will be awarded to all widows and widowers over 50 years of age even in cases where the late spouse was not receiving these benefits; and if he will make a statement on the matter. [30225/05]

The household benefits package, which comprises the electricity-gas allowance, telephone allowance and television licence schemes, is generally available to people living permanently in the State, aged 66 years or over, who are in receipt of a social welfare type payment or who satisfy a means test.

The package is also available to carers and people with disabilities under the age of 66 who are in receipt of certain welfare type payments. People aged over 70 years of age can qualify regardless of their income or household composition. Widows and widowers aged from 60 to 65 whose late spouses had been in receipt of the household benefits package retain that entitlement to ensure that households do not suffer a loss of entitlements following the death of a spouse.

A range of proposals, including that referred to by the Deputy, have been made to extend the coverage of the household benefits package. These proposals are kept under review in the context of the objectives of the scheme and budgetary resources.

Michael Ring

Ceist:

390 Mr. Ring asked the Minister for Social and Family Affairs when a person (details supplied) in County Mayo will be approved for the free schemes. [30270/05]

The person concerned has been awarded an electricity and telephone allowance with effect from 12 March 2005. The relevant service providers have been notified to apply the allowances to the customer's account.

A free lifetime television licence has also been awarded with effect from the expiry date of the customer's current TV licence. If the person concerned has purchased a TV licence since 12 March 2005, it should be forwarded to the Free Schemes Section, Pension Services Office, College Road, Sligo, and a refund of the cost will be made.

Departmental Expenditure.

John Deasy

Ceist:

391 Mr. Deasy asked the Minister for Social and Family Affairs the amount which has been spent by his Department in bringing into effect the provisions of the Official Languages Act 2003. [30530/05]

Providing quality customer service in Irish has always been a high priority in my Department. This includes provision of staff training in spoken and written Irish, translation of forms, leaflets and other documents, advertising, and the provision of bilingual signage in public areas. Expenditure on Irish is, therefore, part of the delivery of customer service and it is not possible to state what amount of the total expenditure on Irish results from the implementation of the Official Languages Act 2003. In my Department, specialised staff training has been provided since 2001 while the translation of forms, leaflets and documents into Irish has been in train for many years.

The following is the spend on the various aspects of Irish service provision in 2003, 2004 and 2005 to date:

2003

2004

2005 (to date)

Total Year

Staff training

56,436

63,330

3,579

123,345

Translation

72,733

27,816

23,698

124,247

Bilingual signage

37,873

22,944

43,115

103,932

Advertising

4,090

19,317

12,024

35,431

Grand Total

386,955

While the spend to date in 2005 on Irish training courses is low, it is estimated hat the total spend for the year on courses will amount to approximately €85,000.

An element of staff costs arises each year when translation is carried out by staff proficient in Irish. In the case of bilingual signage and advertising, it is not possible to separate the Irish element from the total cost incurred.

Social Welfare Benefits.

Michael Ring

Ceist:

392 Mr. Ring asked the Minister for Social and Family Affairs if a person (details supplied) in County Mayo will be awarded the back to work allowance. [30539/05]

The back to work allowance scheme which was introduced in September 1993 as part of my Department's programme of initiatives designed to assist long term unemployed people, lone parents and other social welfare recipients to return to the active labour force. The allowance provides a monetary incentive designed to make their return to work financially attractive and viable. It is designed to support people who would not otherwise be able to return to the workforce for financial reasons.

People applying for the allowance should do so in advance of taking up employment to allow their eligibility for the scheme to be determined. Claims made after the person has started work indicate that the person was in a position to take up employment without the need of the financial support the scheme provides.

The person concerned commenced employment on 7 June 2005. He applied for the allowance on 30 July 2005, and does not, therefore, satisfy the eligibility criteria for participation in the scheme.

Departmental Staff.

Trevor Sargent

Ceist:

393 Mr. Sargent asked the Minister for Social and Family Affairs if it is a requirement for employment as a nurse attendant in his Department that a successful candidate be a registered nurse; if the term nurse can be used forthwith and these professionals paid according to their qualifications. [30569/05]

My Department arranges sessions at various centres around the country to assess or review the medical condition of people who are claiming a payment from my Department in respect of illness. These sessions are conducted by the Department's medical assessors and a nurse attendant is always present during the examinations.

A nursing qualification, although advantageous to applicants, is not an essential requirement for the post of nurse attendant. I am satisfied, on the basis of the duties of the post, that the title and salary scale, as determined by the Department of Finance, are appropriate to the grade of nurse attendant.

Questions Nos. 394, 395 and 396 answered with Question No. 388.

Social Welfare Benefits.

David Stanton

Ceist:

397 Mr. Stanton asked the Minister for Social and Family Affairs the number of families that received the back to school clothing and footwear allowance each year since 2002 and, to date; the number of children who benefited from the scheme each year since 2002 and to date; the age breakdown of these children; and if he will make a statement on the matter. [30754/05]

The back to school clothing and footwear allowance scheme is administered on my behalf by the community welfare division of the Health Service Executive. The scheme is open to applications from June to the end of September each year. The statistics requested by the Deputy for the years 2002, 2003 and 2004 are set out in the following table. Statistics for 2005 are not available as they have yet to be furnished to my Department by the Health Service Executive. However, initial indications are that at least 75,000 families will have received assistance under the scheme this year.

Number of Children and Families in receipt of Back to School, Clothing and Footwear Allowance, 2002, 2003 and 2004.

2002

2003

2004

Child Age 2 and under

8,368

12,377

10,708

3

8,857

14,716

11,096

4

10,161

13,709

11,745

5-11

65,408

68,347

62,212

12-17

55,365

55,475

50,568

18-22

7,652

7,499

7,080

Total Number of Children

155,811

172,123

153,409

Total Number of Families

71,759

75,202

70,577

Road Freight Carriers.

Enda Kenny

Ceist:

398 Mr. Kenny asked the Minister for Transport if arrangements will be made for owners of tractors with tipping trailers to be eligible for consideration for work for commercial hire with local authorities; if he proposes to introduce a system of road freight carriers licence eligibility for them; and if he will make a statement on the matter. [30468/05]

In the light of the recent representations to me in this regard, I am currently reviewing the issues raised by the Deputy with a view to finding a solution to the difficulties which have been recently brought to my attention and I will revert back to him in due course on the matter.

Environmental Policy.

Trevor Sargent

Ceist:

399 Mr. Sargent asked the Minister for Transport the legislation available to counter the growing number of cars with loud exhausts; and if he will make a statement on the matter. [30479/05]

Trevor Sargent

Ceist:

400 Mr. Sargent asked the Minister for Transport the regulations relating to the maximum noise levels from motorised vehicles in residential areas; and if he will make a statement on the matter. [30480/05]

I propose to take Questions Nos. 399 and 400 together.

Article 85 of the Road Traffic (Construction, Equipment and Use of Vehicles) Regulations 1963, SI No. 190 of 1963, prohibits the use in a public place of a vehicle which causes excessive noise. In this respect, the regulations do not specifically mention of residential areas. Enforcement of this prohibition is a matter for the Garda Síochána.

Services for People with Disabilities.

Jerry Cowley

Ceist:

401 Dr. Cowley asked the Minister for Transport his views on whether it is true that parking spaces for disabled people provided by local authorities are free of charge with no time limit applying; when all car parks will have free parking for disabled drivers with a parking permit; and if he will make a statement on the matter. [30554/05]

Traffic and parking regulations made in 1997 under section 35 of the Road Traffic Act 1994 provide that the only vehicles that may stop or park in a disabled person's parking bay are those in which a disabled person's parking permit is displayed, provided the vehicle is being used for the convenience of the person to whom the permit was issued. The prohibition on parking in disabled person's parking bays applies at all times of the day and may not be restricted to particular periods. Equally there is no provision in the regulations for the imposition of a charge for permit holders using the disabled person's parking bays.

The provisions in the traffic and parking regulations apply in respect of the use of public roads only. Section 101 of the Road Traffic Act 1961 provides that local authorities may make by-laws in respect of the use of car parks they provide. The determination of the provisions in such by-laws is a matter for the elected members of the local authority.

Public Transport.

Fiona O'Malley

Ceist:

402 Ms F. O’Malley asked the Minister for Transport when integrated ticketing will be available to public transport users in Dublin; and if he will make a statement on the matter. [31122/05]

Ciarán Cuffe

Ceist:

419 Mr. Cuffe asked the Minister for Transport the progress to date and future plans for the development of integrated ticketing between public transport providers in the greater Dublin area (details supplied). [30449/05]

I propose to take Questions Nos. 402 and 419 together.

The proposed contactless smartcard-based integrated ticketing system, for which the Railway Procurement Agency, RPA, was given statutory responsibility, will enable a customer to use a ticket on one or more scheduled public transport services, by road and by rail, irrespective of the transport operator involved. In line with international experience, the system is being introduced on a phased basis, initially in the Dublin area.

In April 2004, a private operator, Morton's Coaches, in conjunction with the RPA and as a "proof of concept", successfully launched smart cards on its services. Last March, another step was taken with the launch of smart cards on Luas services. The Luas smart card deployment is helping to obtain important feedback from passengers and provide operational experience for the next stage of integrated ticketing.

Following an inconclusive procurement procedure earlier this year for the selection of an integrated ticketing provider and operator, the RPA commenced work on a revised procurement strategy and has submitted a draft to my Department. The finalisation of that procurement strategy is being assisted by an informal tripartite group representing the RPA, Dublin Bus and my Department. The work of the group will assist the RPA in determining a revised target implementation date.

International experience has shown that successful delivery of integrated ticketing is achieved by a careful, phased introduction with full co-operation from all public transport operators. The RPA is correct in taking a prudent approach to the implementation of this complex project using new technology.

Driving Tests.

Breeda Moynihan-Cronin

Ceist:

403 Ms B. Moynihan-Cronin asked the Minister for Transport the number of persons awaiting driving tests at both the Tralee and Killarney test centres on 1 January 2002, 1 January 2003, 1 January 2004, 1 January 2005 and the most recent date for which figures are available; and if he will make a statement on the matter. [30020/05]

The information requested is set out in the following table.

Date

Number awaiting test

Tralee

Killarney

17 October 2005

1,614

1,941

January 2005

1,685

2,092

January 2004

2,007

1,925

January 2003

982

1,017

January 2002

921

812

David Stanton

Ceist:

404 Mr. Stanton asked the Minister for Transport the number of supervisors or driver testers; the location of each; the number of tests supervised by each of these drivers in each year since 2002; the failure rate in each of the driving test centres each year since 2002; and if he will make a statement on the matter. [30028/05]

There are currently 115 driver testers, ten supervisors, of whom one is engaged full-time as training co-ordinator, and one chief tester employed in my Department. Driver testers are not employed at all driving test centres but are assigned to headquarter centres within a region. Other test centres within the region are served from the headquarter centres. The following table shows where driver testers are headquartered and the centres they service.

The numbers of tests directly supervised by supervisory driver testers were 740 in 2002, 876 in 2003 and 819 in 2004. The second table shows the failure rate at each test centre since 2002.

Table 1

Driving Test Centres

Number of Testers

Supervisor

North Leinster Region

Finglas

17

1

Raheny

8

1

Dundalk

Mullingar

Navan

1

South Leinster Region

Churchtown

7

1

Rathgar

9

Tallaght

9

Gorey

Naas

2

1

Tullamore

Wicklow

West Region

Athlone

2

Birr

Castlebar

4

Clifden

Ennis

3

1

Galway

6

Loughrea

2

Roscommon

Tuam

North West Region

Ballina

Buncrana

Carrick-on-Shannon

2

1

Cavan

2

Donegal

Letterkenny

3

Longford

Monaghan

1

Sligo

2

South East Region

Carlow

1

1

Clonmel

2

Dungarvan

Kilkenny

2

Nenagh

Portlaoise

1

Thurles

Tipperary

Waterford

4

Wexford

4

South West Region

Cork

13

1

Killarney

2

Kilrush

Limerick

4

1

Mallow

Newcastle West

Shannon

Skibbereen

Tralee

2

Table 2

Pass or Fail Rate by Centre

Centre

2004

2003

2002

% Pass

% Pass

% Pass

Athlone

59.5

57.0

53.9

Ballina

62.4

61.2

58.1

Birr

64.7

65.1

62.3

Buncrana

63.5

65.6

63.2

Carlow

50.0

49.2

47.6

Carrick-on-Shannon

55.5

54.4

51.2

Castlebar

63.0

62.1

58.3

Cavan

48.3

50.2

47.3

Churchtown

47.5

48.3

50.0

Clifden

59.3

56.0

52.2

Clonmel

51.5

51.3

57.0

Cork

55.5

55.5

59.2

Donegal

56.7

57.1

61.3

Dundalk

53.0

51.6

49.1

Dungarvan

60.8

57.3

54.6

Ennis

62.7

65.5

59.6

Finglas

47.8

48.8

49.0

Galway

61.8

61.2

55.2

Gorey

48.6

52.6

51.6

Kilkenny

55.1

55.4

52.7

Killarney

59.2

60.0

62.2

Kilrush

61.4

62.3

59.6

Letterkenny

56.8

60.4

62.0

Limerick

61.9

60.7

61.7

Longford

52.7

55.9

56.2

Loughrea

61.4

58.5

51.3

Mallow

56.9

57.8

61.5

Monaghan

47.7

50.8

51.7

Mullingar

55.8

57.0

55.8

Naas

51.9

53.6

53.9

Navan

56.1

54.4

53.2

Nenagh

53.3

49.8

49.8

Newcastle West

60.4

60.5

64.4

Portlaoise

53.3

50.0

51.4

Raheny

52.4

49.7

50.4

Rathgar

41.3

48.1

50.7

Roscommon

62.0

60.0

55.8

Shannon

64.4

66.4

65.0

Skibbereen

61.6

59.5

60.0

Sligo

63.2

63.5

62.0

Tallaght

48.3

50.9

49.8

Thurles

53.6

56.3

52.6

Tipperary

48.9

47.9

50.8

Tralee

57.0

59.7

56.8

Tuam

64.4

64.2

55.5

Tullamore

49.4

54.2

56.6

Waterford

55.7

55.6

54.3

Wexford

53.7

51.5

51.9

Wicklow

44.7

47.3

49.0

Overall Total

54.0

54.5

54.3

Paul Connaughton

Ceist:

405 Mr. Connaughton asked the Minister for Transport if an application for a driving test for a person (details supplied) in County Galway will be expedited; if he is aware this person applied on 1 August 2005 at the Roscommon centre; if his attention has further been drawn to the fact that the applicant needs a driving test for employment; and if he will make a statement on the matter. [30029/05]

A driving test will be arranged in due course for the person concerned. My Department did not receive any request for an early test, or documentary evidence to support such a request.

Paul Connaughton

Ceist:

406 Mr. Connaughton asked the Minister for Transport if an application for a driving test for a person (details supplied) in County Galway will be expedited; if he is aware this person applied in May 2005 at the Roscommon centre; if his attention has further been drawn to the fact that the applicant needs a driving test for employment; and if he will make a statement on the matter. [30030/05]

A driving test will be arranged in due course for the person concerned. My Department did not receive any request for an early test, or documentary evidence to support such a request.

M. J. Nolan

Ceist:

407 Mr. Nolan asked the Minister for Transport when the new contracted driving testers will take up their positions in view of the large waiting lists for driving tests; and if he will make a statement on the matter. [30073/05]

The competition in question is being managed by the Public Appointments Service, to which I refer the Deputy for more detail. My Department has been informed by the PAS that it hopes to schedule the first stage of the recruitment process, a written practical exam, in mid-December. The PAS has further indicated it hopes to offer successful candidates offers of appointment, on completion of all the stages of recruitment, in early April 2006.

Rail Network.

John Deasy

Ceist:

408 Mr. Deasy asked the Minister for Transport the total spending on railway lines (details supplied) in each of the years 2000, 2001, 2002, 2003 and 2004. [30074/05]

Iarnród Éireann has supplied the following information in answer to the Deputy's question. It is not possible to give a precise breakdown in regard to each of the lines as some of the trackwork is shared between the various routes. The expenditure shown in the following table relates to track, signalling and other safety related investment such as level crossings, fencing and bridges which is line specific.

Route

2000

2001

2002

2003

2004

Totals

€ million

Dublin-Sligo

20.0

9.0

10.3

5.5

5.2

50.0

Portarlington-Galway

7.1

6.9

6.8

10.6

5.4

36.8

Limerick Junction-Limerick-Ennis

3.3

4.0

7.0

11.1

2.4

27.8

Mallow-Tralee

7.8

6.3

4.9

2.8

4.0

25.8

Dublin-Cork

8.3

9.3

13.2

7.4

7.7

45.9

Cherryville Junction-Waterford

6.5

7.4

10.6

2.6

8.4

35.5

Athlone-Westport/Ballina

10.4

19.7

13.2

13.7

3.1

60.1

Dublin-Rosslare

13.6

16.1

20.0

20.4

17.2

87.3

Totals

77.0

78.7

86.0

74.1

53.4

369.2

In addition to what I have outlined, expenditure was also incurred in projects such as Heuston Station, €107 million, which benefited all the services out of that station. A total of €312 million was spent on rolling stock over the same period which is also not route specific.

Road Network.

John Deasy

Ceist:

409 Mr. Deasy asked the Minister for Transport the total spending on national roads in each county council and city council area in the years 2000, 2001, 2002, 2003 and 2004. [30075/05]

Under section 19(1)(f) of the Roads Act 1993, the allocation of funding for undertaking national road improvement projects is a matter for the National Roads Authority, NRA. Therefore, the detailed information sought by the Deputy is held by the NRA. To facilitate the Deputy, my Department has asked the NRA to forward the requested data directly to him.

Driving Tests.

Sean Fleming

Ceist:

410 Mr. Fleming asked the Minister for Transport if a person who has a full driver’s licence for a car, 54-seater bus, rigid lorry and articulated lorry and wishes to obtain a licence for a motorbike is legally obliged to undergo a theory test; and if he will make a statement on the matter. [30114/05]

In accordance with the provisions of the European Communities (Driving Theoretical Tests) Regulations 2003 and in line with EU directive requirements, a person who wishes to obtain a driving licence entitlement for the first time in respect of a particular vehicle category must firstly pass the driver theory test for that particular vehicle category unless the person has already done so.

Consultancy Contracts.

Richard Bruton

Ceist:

411 Mr. Bruton asked the Minister for Transport the guidelines in place for the commissioning of outside expertise in the consultancy and public relations fields; and if ministerial approval is required for approval of expenditure on such commissions. [30160/05]

Existing guidelines in place for the commissioning of outside expertise in the consultancy and public relations fields include Department of Finance public procurement guidelines: Competitive Process — Supplies and Services — July 2004, and Department of Finance Guidelines for Engagement of Consultants in the Civil Service — March 1999.

Furthermore, this Department has taken on where applicable the recommendations outlined in the Quigley report of January 2005 and will take steps to ensure that the measures outlined in the Taoiseach's statement of 11 October 2005, management of ICT projects and consultancy services, and the Minister for Finance's statement of 20 October 2005, achieving value for money in public expenditure, are implemented as quickly as possible. While current practice within this Department is that formal ministerial approval is not required for expenditure on such commissions, this is under review at present.

Richard Bruton

Ceist:

412 Mr. Bruton asked the Minister for Transport the percentage of reports, consultancies and cases from external commissions where the issue of poor value for money was highlighted, in his Department from 1998 to date in 2005. [30175/05]

My Department's policy is to engage consultants or to commission reports only in those circumstances where there is a requirement for specialised knowledge or expertise which is not available in my Department or where the cost of performing the task in-house would result in a prohibitive opportunity cost. I am conscious of the necessity to achieve value for money and of the key role the Comptroller and Auditor General plays in carrying out value-for-money audits of State organisations.

Driving Tests.

John McGuinness

Ceist:

413 Mr. McGuinness asked the Minister for Transport if a site at the ring road, Kilkenny, or any other suitable location in Kilkenny has been examined for the purpose of driver testing off-road; the progress being made in relation to the issue; when a decision will be made; and if he will make a statement on the matter. [30203/05]

A range of options regarding off-road driving test centres is under consideration in my Department in consultation with the Office of Public Works. A final decision has not yet been made.

Rail Services.

Finian McGrath

Ceist:

414 Mr. F. McGrath asked the Minister for Transport if the services on the DART for passengers at Harmonstown, Killester and Clontarf stations will be improved; and his plans for same for 2006. [30230/05]

Iarnród Éireann has advised me that, as part of the DART upgrade, the following works are being carried out at Harmonstown, Killester and Clontarf Road stations. The stations will be fully accessible to mobility-impaired persons, new sloped paths have been constructed for mobility-impaired access to both platforms, and tactile strip will be added to existing platforms. The stations will be upgraded to include improvements such as better lighting, enhanced CCTV, improved station signage, seating, litter-bins and fencing. An overall improved station infrastructure will enable the safe accommodation of increased passenger flows. To facilitate eight-carriage trains, both platforms at each station have been extended and already eight-carriage DART trains are being phased into service.

State Airports.

Marian Harkin

Ceist:

415 Ms Harkin asked the Minister for Transport if he will end the Shannon stopover; and if so, the steps he will take to ensure that the level of economic activity is expanded and that jobs are protected. [30255/05]

As the Deputy will be aware, negotiations are ongoing between the EU and US with a view to reaching an open skies agreement by the end of this year. The next set of EU-US negotiations is scheduled for 14-18 November in Washington, after which it is expected that a draft agreement will be discussed at the meeting of Transport Ministers in Brussels on 5 December.

We need certainty for Shannon on this issue. Increased access to the US under open skies will provide significant benefits to Irish tourism, trade, economic growth and aviation, leading to more — not fewer — opportunities for Shannon to develop new routes into North America. I am convinced that Shannon, with the right cost base for the airport and with the proper competitive environment, can maintain and grow its transatlantic business. However, I am equally clear that Ireland must obtain the best possible transition for Shannon to enable a smooth phasing in of open skies arrangements with the US in the future. Accordingly, as I have indicated to the House on many occasions, it is my clear intention that any such agreement will include an appropriate transitional arrangement for Shannon airport that will be agreed between Ireland and the US for inclusion in the EU-US deal. I will be raising this issue directly with the US Secretary of State for Transportation, Mr. Norman Mineta, in the coming weeks.

Rail Network.

Aengus Ó Snodaigh

Ceist:

416 Aengus Ó Snodaigh asked the Minister for Transport if his attention has been drawn to the routes which are being considered regarding Luas extensions; and the discussions which have been held between his Department officials, Luas and officials form the various Dublin local authorities to plan the future development of the light rail system in the city. [30257/05]

I understand that the Railway Procurement Agency, RPA, is developing proposals for a number of extensions to the Luas network. Proposals for the development of public transport in the greater Dublin area, including Luas, are being considered by my Department as part of its preparatory work on the ten-year transport investment framework. In this connection, there have been consultations with relevant bodies, including the bodies referred to by the Deputy.

Ciarán Cuffe

Ceist:

417 Mr. Cuffe asked the Minister for Transport if phase 1 of the DASH or DART upgrade project has come in over or under-budget; if he will provide the financial figures for the project; and his plans to improve the frequency of the service by commencing phase 2 of the project. [30447/05]

I understand from Iarnród Éireann that the DART upgrade project is nearing successful completion. The budget for the project is €176 million and the company's forecast outturn is estimated at €165 million. The completion of the project allows Iarnród Éireann to operate eight-car trains on the entire DART network.

The next project designed to increase the capacity of the DART, is a resignalling upgrade that will allow for an increase in train frequency from 12 to 16 trains per hour in the city centre area. This project is at planning and design stage and I expect Iarnród Éireann to put specific proposals to my Department shortly.

Road Network.

Ciarán Cuffe

Ceist:

418 Mr. Cuffe asked the Minister for Transport the criteria he uses to designate roads as national routes; and the role of the National Roads Authority, local authorities and and the Dublin Transportation Office in the designation or change of designation of such routes in the greater Dublin area. [30448/05]

A comprehensive review of the classification of national and regional road system was concluded in 1994 as set out in SI 209 of 1994, Roads Act 1993 (Declaration of National Roads) Order 1994, and SI 400 of 1994, Roads Act 1993 (Declaration of Regional Roads) Order 1994. This classification was carried out based on criteria relating, inter alia, to the type of route, for example, whether it is a long distance through route, whether a route provides connections between principal cities and towns and access to the key commercial seaports and State airports, the extent of HGV traffic and route continuity. An update of the 1994 statutory instruments is under way in my Department to update the classification to take account of new roads built since 1994. The National Roads Authority, NRA, and the local authorities were consulted in relation to the classification as set out in the 1994 statutory instruments and in relation to the update under way.

Question No. 419 answered with QuestionNo. 402.

Departmental Expenditure.

John Deasy

Ceist:

420 Mr. Deasy asked the Minister for Transport the amount which has been spent by his Department in bringing into effect the provisions of the Official Languages Act 2003. [30531/05]

My Department is meeting all its obligations under the Official Languages Act 2003 and will continue to do so. This Department has spent approximately €36,000 on the implementation of the Official Languages Act 2003.

Road Safety.

David Stanton

Ceist:

421 Mr. Stanton asked the Minister for Transport if legislation is planned or about to be enacted which places an obligation on every vehicle driver to carry a high visibility jacket or other equipment for use in the case of a breakdown or accident; and if he will make a statement on the matter. [30555/05]

Reflectorised advance warning triangles are required to be carried on heavy goods vehicles. I have no proposals at present to extend this requirement to other categories of vehicles, nor to make it mandatory for motorists to carry high-visibility jackets in their vehicles. However, I have had discussions with the representatives of the insurance industry as to the benefits of high-visibility jackets and other such early warning supports in the case of breakdown or accident.

Rail Services.

Olivia Mitchell

Ceist:

422 Ms O. Mitchell asked the Minister for Transport if he will ensure that no further Iarnród Éireann freight related capital equipment or rolling stock is decommissioned, sold off or otherwise disposed of pending a review by him of the future of rail freight transport; if he will allow at least a two-year period for the emergence of private operators for freight services; and his views on whether rail freight merits at least the same order of investment made in heavy goods vehicle road transport in the port tunnel. [30560/05]

It is my view that future investment in rail freight is a matter which should be decided on the basis of sound economic appraisal, taking all factors into account. I am informed by Iarnród Éireann that the company disposes of rolling stock or handling equipment only when it has reached the end of its operating life, is surplus to requirements and uneconomic to repair. The average age of freight rolling stock that has been scrapped is close to 40 years.

While no direct Exchequer capital is being provided to Iarnród Éireann for its freight operations, the company has invested approximately €4.5 million from its own resources in container wagons and €3 million in depot cranes in the recent past. The purchase of this equipment is broadly in line with the relevant recommendations of the strategic rail review.

European Directive No. 2004/51, amending Council Directive No. 91/440/EEC, on the development of the Community's railways provides for the complete opening of the market for international rail freight services from 1 January 2006 and national freight markets from 1 January 2007. At a practical level, this will mean that, from 1 January 2006, any licensed railway undertaking established in the EU that wishes to provide international rail freight services between member states must be given access and transit rights on the rail networks of member states to allow it to provide that service. From 1 January 2007, any licensed railway undertaking established in the EU that wishes to provide any type of rail freight service, including national rail freight services, must be given access rights to the rail networks in member states to provide that service.

National Development Plan.

Olivia Mitchell

Ceist:

423 Ms O. Mitchell asked the Minister for Transport the capital projects in the five-year multi-annual capital envelope scheme completed to date in 2005; the projects under way; the projects which have not yet started construction; the extent of the anticipated time overrun; the cost of each project to date in 2005 and its original budget; the extent of the remaining unspent money and the extent to which it is envisaged that additional funding will be required to complete all schemes projects. [30561/05]

I refer the Deputy to my response to Question No. 259 of 19 October in which I provided information on capital projects for which my Department has responsibility. The essence of my Department's activities is the consideration and implementation of policy on the delivery of a safe, efficient and integrated transportation system. Over time, within this overall policy context, virtually every type of project in respect of air, rail, road, and bus transport is embraced within my Department's capital programme.

While my Department considers programmes of activity and larger-scale projects, the detailed planning and delivery of particular projects is the operational responsibility of agencies under the aegis of my Department. For these reasons, the Deputy will appreciate that it is not feasible to provide a response in respect of all those considerations in her question. If the Deputy has particular projects in mind, I would be happy to check my Department's records and provide whatever details are available, where feasible.

Proposed Legislation.

Olivia Mitchell

Ceist:

424 Ms O. Mitchell asked the Minister for Transport if additional legislation is needed to allow for the outsourcing of the fixed-charge processing system and the planned outsourcing of the installation and maintenance of the fixed camera system. [30562/05]

Provision to support the outsourcing of the collection of fixed-charge payments was included in the Road Traffic Act 2004. The extension of both the fixed-charge system and the penalty points system to additional road traffic offences will be progressively commenced once the appropriate Garda Síochána IT processing system is fully operational and related administrative supports are in place. I will make the necessary statutory instruments at that point. The delivery of the IT and related measures are matters for the Garda Síochána and the Department of Justice, Equality and Law Reform, respectively, and my officials are continuing to work with their counterparts in those agencies to expedite matters as much as possible.

As I indicated in my reply to Question No. 296 on 11 October 2005 in regard to the introduction of a network of private speed cameras, a working group chaired by the Department of Justice, Equality and Law Reform and representing my Department, the Garda Síochána and other relevant agencies has carried out an in-depth examination into the issue of the engagement of private sector interests in the operation of speed cameras. The group's report, which has been presented to the Government, makes a series of recommendations which include proposals that will require the introduction of changes to the current Road Traffic Acts. My Department is preparing legislative provisions necessary to support those recommendations and, on the completion of that work, I will include those provisions in an appropriate Bill for the consideration of the House.

Cycle Facilities.

Ciarán Cuffe

Ceist:

425 Mr. Cuffe asked the Minister for Transport his plans to provide funding for the Sutton to Sandycove cycleway proposal for the perimeter of Dublin Bay. [30609/05]

The DTO traffic management grant committee approved an allocation of €50,000 towards a jointly funded preliminary design study and environmental report on the Sutton to Sandycove cycleway proposal. Final comments on the draft final report are being assembled by the DTO and will be forwarded to the consultants within the next month. I look forward to being advised by the DTO on recommendations as to future progress on the scheme.

Road Network.

Olivia Mitchell

Ceist:

426 Ms O. Mitchell asked the Minister for Transport the policy direction which has been given to the National Roads Authority to ensure connectivity between the gateway towns of Athlone, Mullingar and Tullamore; and if he will make a statement on the matter. [30677/05]

No policy direction under section 41 of the Roads Act 1993 has been given to the National Roads Authority, NRA, regarding this matter. The national spatial strategy, NSS, identifies Athlone, Mullingar and Tullamore as a linked gateway. The NRA has regard to the NSS in the implementation of the national roads programme.

Róisín Shortall

Ceist:

427 Ms Shortall asked the Minister for Transport his target date for the full implementation of open road tolling on the M50; if this will occur before the Dublin Port tunnel opens; the estimated cost to the State; and if he will make a statement on the matter. [30770/05]

The planning, design and implementation of national road improvement projects, including the upgrade of the M50 and the move to barrier-free tolling at the West Link Bridge, are a matter in the first instance for the National Roads Authority, NRA. The timing and cost of the move to barrier-free tolling, which will not occur before the opening of the Dublin Port tunnel, will depend on the outcome of negotiations under way between the NRA and NTR.

Grant Payments.

Tom Hayes

Ceist:

428 Mr. Hayes asked the Minister for Community, Rural and Gaeltacht Affairs the position regarding an application submitted by a group (details supplied) in County Tipperary under the scheme of equipment and refurbishment grants. [30057/05]

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 be deciding on qualifying applications early in November 2005.

Community Development.

Martin Ferris

Ceist:

429 Mr. Ferris asked the Minister for Community, Rural and Gaeltacht Affairs if he will make a statement on the proposed rationalisation of Leader programmes and its implications for local accountability and control. [30151/05]

Deputies will be aware that, arising from the tri-ministerial review of structures involved in the delivery of local and community development programmes, the Government decided that community and local development groups across urban, rural and Gaeltacht areas should be requested to bring forward measures for improved alignment of structures in their respective areas. Funding was earmarked to support specific co-ordinated measures emerging from this process.

The core objective of the funding for 2005 and 2006 is the alignment of local, community and rural development structures to achieve full county-city coverage of social inclusion programmes by the end of 2006. In rural areas, this will involve Leader and partnership, including community partnership, groups coming together to develop a unified structure where they have not already done so based, as far as possible, around county boundaries and, in city areas, around contiguous electoral areas, with strong linkages to community-based groups. The intention is to have simplified local delivery structures with improved coverage and levels of service locally.

Consultancy Contracts.

Richard Bruton

Ceist:

430 Mr. Bruton asked the Minister for Community, Rural and Gaeltacht Affairs the guidelines in place for the commissioning of outside expertise in the consultancy and public relations fields; and if ministerial approval is required for approval of expenditure on such commissions. [30161/05]

My Department follows the Department of Finance's guidelines for the engagement of consultants in the Civil Service and its local procurement procedures which have been developed in line with the Department of Finance's guidelines. Ministerial approval is not required for approval of expenditure on such commissions.

Richard Bruton

Ceist:

431 Mr. Bruton asked the Minister for Community, Rural and Gaeltacht Affairs the percentage of reports, consultancies and cases from external commissions where the issue of poor value for money was highlighted in his Department from 1998 to date in 2005. [30176/05]

There were no such reports, consultancies or cases.

Gaeltacht Schemes.

Michael Ring

Ceist:

432 Mr. Ring asked the Minister for Community, Rural and Gaeltacht Affairs if he has received a reply from Údarás na Gaeltachta regarding a query raised in Question No. 132 of 13 October 2005. [30236/05]

Michael Ring

Ceist:

433 Mr. Ring asked the Minister for Community, Rural and Gaeltacht Affairs if Údarás na Gaeltachta will subsidise veterinary visits to farmers in remote areas of north Mayo; the position regarding same. [30237/05]

I propose to take Questions Nos. 432 and 433 together.

A response to the query referred to by the Deputy was received from Údarás na Gaeltachta on 21 October 2005. The present position is that an tÚdarás proposes to carry out a full review of its current scheme of assistance for veterinary visits. No decision will be made in regard to any extension of this scheme pending the outcome of the review.

Community Development.

Ruairí Quinn

Ceist:

434 Mr. Quinn asked the Minister for Community, Rural and Gaeltacht Affairs the statistical criteria mentioned in reply to Question No. 594 of 18 October 2005 regarding the RAPID programme for both strand one and URBAN II as well as other sections of RAPID for which there are similar criteria. [30310/05]

Twenty-five urban areas, identified as the most disadvantaged, are included under strand one of the programme. These areas were selected using the Trutz Haase deprivation index, supported by data relating to location of significant rented local authority housing, and schools designated as disadvantaged by the Department of Education and Science.

In recognition that pockets of acute disadvantage may also exist in provincial towns, the programme was subsequently extended, strand two, to include 20 towns which were identified for inclusion on the basis of objective criteria, including educational attainment and social housing. My Department is not responsible for the URBAN II programme.

Irish Language.

Eamon Gilmore

Ceist:

435 Mr. Gilmore asked the Minister for Community, Rural and Gaeltacht Affairs the reason the Government has not yet signed or ratified the European Charter for Regional and Minority Languages; and if he will make a statement on the matter. [30326/05]

The status of the Irish language is enshrined in Article 8 of the Constitution which recognises it as the national language and the first official language of the State. The English language, in the same article, is recognised as the second official language. In addition, the Official Languages Act 2003, which provides a statutory framework for the delivery of public services through the Irish language, defines the official languages in accordance with the provisions of the Constitution. Furthermore, in June 2005 the European Union unanimously accepted the Irish Government's proposal that official and working status be given to the Irish language in the European Union with effect from 1 January 2007.

In these circumstances, my considered view is that to regard the Irish language as having the legal status of either a regional or minority language would be inappropriate. For these reasons it is not proposed to ratify the charter in respect of the Irish language.

Community Development.

Ciarán Cuffe

Ceist:

436 Mr. Cuffe asked the Minister for Community, Rural and Gaeltacht Affairs if he will provide figures for the current and capital spending under the RAPID programme for each of the past five years and the estimate for 2005; if he will provide a breakdown for the Dún Laoghaire-Rathdown County Council area; and if he will make a statement on the matter. [30456/05]

My Department, supported by Area Development Management, ADM, Limited, co-ordinates the implementation of the RAPID programme. It is therefore a matter for each Department to report on progress on its implementation of RAPID and details of funding for the proposals that fall within its remit.

My Department was established in 2002 and therefore I am providing relevant figures for the period 2002 to 2005. RAPID areas are supported under my Department's community development programme, funding for local drugs task forces and the young people's facilities services fund the RAPID leverage fund and administrative supports for RAPID.

There are also more than 110 community development programme projects in RAPID areas. Details of the funding under this programme are in the following table.

Total allocations

Dún Laoghaire / Rathdown — allocations within RAPID areas

€m

€m

2002

16.1

0.34

2003

12

0.26

2004

10.6

0.26

2005

12.1

0.42

My Department also has responsibility for the work of the 14 local drugs task forces and ten regional drugs task forces. The local drugs task forces were established in the areas experiencing the worst levels of drug misuse, particularly heroin, and many of them have RAPID areas within them. More than €95 million has been allocated to the task forces to implement their two rounds of local action plans. A further €13.6 million has been allocated to capital projects under the local drugs task force premises initiative, which is designed to meet the accommodation needs of community-based drugs projects. Details of funding under this programme are set out in the following table.

Total

Dún Laoghaire / Rathdown spend *

€m

€m

2002

13.4

0.270

2003

36.4

0.725

2004

27.5

0.468

2005

31.5**

0.533

*Figures show total spend in local drugs task force areas in Dún Laoghaire-Rathdown, including within RAPID areas.

** Revised Estimates Volume allocation.

In addition, approximately €85 million has been allocated to support the work of the young people's facilities and services fund in local drugs task force areas and four other urban centres. The main aim of the fund is to attract at risk young people in disadvantaged areas into recreational facilities and activities and divert them away from the dangers of substance misuse. RAPID communities located in these areas would benefit from this funding. In total, €2.07 million was spent in Dún Laoghaire-Rathdown, including within RAPID areas.

Money is also spent under the local development social inclusion programme in RAPID areas. As the border of local development social inclusion programme partnerships are not co-terminous with those of RAPID areas, it is not possible to quantify the exact spend in RAPID areas. Details of funding under this programme are set out in the following table.

Total

€m

2002

52.1

2003

43.5

2004

43.2

2005

45.7

In 2004, I launched the RAPID leverage fund and €4.5 million was ring-fenced to progress small-scale localised actions in RAPID areas through co-funding with the relevant Department or agency. Details of the 2004 co-funded schemes are as follows: local authority housing estate enhancement scheme 2004: funding totalling €2 million allocated by my Department and the local authorities — each strand one area was allocated €66,000; RAPID playgrounds scheme 2004: funding totalling €3 million allocated by my Department and the Department of Health and Children — each strand one area was allocated €72,000; top-up funding under the sports capital programme 2004: my Department allocated top-up funding of €2.2 million to successful projects under the sports capital programme in RAPID areas and four clubs in the Dún Laoghaire-Rathdown RAPID area were allocated additional top-up funding under the programme totalling €86,000 from my Department; co-funding of projects between my Department and Department of Justice, Equality and Law Reform 2004: funding totalling €351,000 for small-scale projects, IT equipment and minibuses.

In 2005, €7.5 million funding is available to my Department for RAPID leverage and the following schemes for RAPID areas have been rolled out: local authority housing estate enhancement scheme 2005-06: total funding €4.5 million, with €100,000 allocated to each RAPID area. This scheme is co-funded with the Department of the Environment, Heritage and Local Government through the local authorities. Under the RAPID health sector co-fund a total of €4.6 million has been allocated to support small-scale health and community projects, co-funded by the Department of Health and Children through the Health Service Executive.

The traffic measures co-fund received total funding of €2.025 million, €45,000 was allocated to each RAPID area, co-funded with the local authorities. The playgrounds grants scheme 2005 received total funding of €3 million, €66,000 has been allocated to each RAPID area to develop or refurbish playgrounds in RAPID areas, co-funded with the Department of Health and Children through the Health Service Executive. Additional funding was provided for RAPID community-based CCTV. This scheme was launched by the Department of Justice, Equality and Law Reform. Successful applicants from RAPID areas will receive additional funding towards the capital cost of the scheme from my Department.

Under the 2005 sports capital programme top-ups my Department allocated top-up funding of €2.3 million to 72 successful projects under the sports capital programme in RAPID areas. One club in Dún Laoghaire was allocated top-up funding of €75,000 from my Department.

Special provision was also made for RAPID areas under the dormant accounts plan. RAPID, CLÁR and local drugs task force areas have benefited from just over €38.4 million in funding allocations over 2004 and 2005, with €2.7 million allocated within RAPID areas in Dún Laoghaire-Rathdown.

Since the establishment of the RAPID programme, my Department has provided approximately €6.3 million by way of support to the local areas in the preparation and implementation of their plans and administration costs associated with the support team in ADM. A total of €71,673 has been paid to the Dún Laoghaire-Rathdown RAPID area to date.

Water and Sewerage Schemes.

Cecilia Keaveney

Ceist:

437 Cecelia Keaveney asked the Minister for Community, Rural and Gaeltacht Affairs his views on the need for a scheme to deliver cheaper group water scheme projects in non-CLÁR but rural areas; and if he will make a statement on the matter. [30498/05]

As Minister for Community, Rural and Gaeltacht Affairs, I recognise the success of the CLÁR top-up measure in facilitating the provision of water supply to households in the most disadvantaged rural areas and last year, I introduced a similar measure for Gaeltacht areas.

As the Deputy is aware, wider policy on the implementation of Group Water Schemes is primarily a matter for my colleague, Deputy Roche, Minister for the Environment, Heritage and Local Government. However I have noted the concern of the Deputy in relation to this matter and I will discuss it with Deputy Roche .

Security of the Elderly.

Dan Neville

Ceist:

438 Mr. Neville asked the Minister for Community, Rural and Gaeltacht Affairs when funding will be made available for socially monitored personal alarms under the scheme of community support for older persons. [30521/05]

Dan Neville

Ceist:

439 Mr. Neville asked the Minister for Community, Rural and Gaeltacht Affairs the reason, once the closing date for applications for socially monitored personal alarms has passed, it is another 12 months before new applications can be submitted. [30522/05]

I propose to take Questions Nos. 438 and 439 together.

The scheme of community support for older people encourages and assists local support for older people by means of a community-based grant scheme to improve the security of its older members through the provision of security devices including pendant alarms. The scheme is administered by community and voluntary organisations throughout the country on an annual basis with support provided by my Department. This process enables my Department to assess the amount of funding sought under the scheme in a given year to distribute available funding as equitably as possible to applicant organisations.

Given the nature of the scheme, my Department, where possible, exercises a degree of flexibility in regard to the advertised closing date. In addition, my Department will accept additional applications from groups during the period of processing of the group's application.

I approved the first tranche of funding under this year's scheme to 100 applicant groups earlier this month and the payment of grants to those groups has commenced. Details of the approved groups are available on my Department's website at www.pobail.ie. The assessment of the remaining applications is in progress and further approvals and payments will be notified toeligible applicant groups over the comingweeks.

Departmental Expenditure.

John Deasy

Ceist:

440 Mr. Deasy asked the Minister for Community, Rural and Gaeltacht Affairs the amount which has been spent by his Department in bringing into effect the provisions of the Official Languages Act 2003. [30532/05]

In September 2004, my Department published its scheme under the Official Languages Act for the period 2004 to 2007. The scheme details specific commitments regarding improved delivery of the services of my Department through the Irish language. These commitments are being delivered from within the overall budget available to my Department in the relevant years.

As Minister for Community, Rural and Gaeltacht Affairs, I have overall responsibility to ensure that the provisions of the Official Languages Act 2003 are implemented and that the primary objective of the Act, which is to ensure better availability and a higher standard of public services through Irish, is achieved. Consequently, since the enactment of the Act, my Department has incurred costs in the publication of statutory guidelines as required under section 12 of the Act. In addition, costs were incurred in placing advertisements requesting submissions on the preparation by my Department of a scheme under the Act. In all, these costs, which are once-off, have to date amounted to some €55,600, a breakdown per year of which is set out in the following table.

Year

2003

5,041

2004

43,145

2005 (to date)

7,431

Total

55,617

These figures do not include provision for the Office of an Choimisinéir Teanga.

Calafoirt agus Céanna.

Trevor Sargent

Ceist:

441 D’fhiafraigh Mr. Sargent den Aire Gnóthaí Pobail, Tuaithe agus Gaeltachta an dtuigeann sé an imní atá ann i measc an phobail i dtaobh forbairtí atá á bplé maidir leis anmBlascaod Mór i gContae Chiarraí agus an baol a bheadh ann le cé níos faide go ligfí francaigh isteach san oileán chun dúlra eile, uibheacha éan go mórmhór a scriosadh. [30727/05]

Is ar an Roinn Comhshaoil, Oidhreachta agus Rialtais Áitiúil agus ar Oifig na nOibreacha Poiblí atá an phríomh-fhreagracht maidir le togra an Bhlascaoid agus, tríd is tríd, baineann ábhar na ceiste seo leo. Ní bheidh freagracht ar mo Roinnse ach i ndáil le cur i bhfeidhm na n-oibreacha mara atá beartaithe i nDún Chaoin agus ar an oileán féin.

Mar áis don Teachta, áfach, tuigtear dom ó Oifig na nOibreacha Poiblí gur tugadh deis fhairsing don phobal saincheisteanna mar atá luaite ag an Teachta a ardú sa phróiseas comhchomhairle don staidéar féidearthachta maidir le forbairt na gcéanna. Tuigim freisin go bhfuil sé mar sprioc faoin bplean bainistíochta don Bhlascaod Mór rochtain go dtí an oileán a cheansú chun dúlra agus timpeallacht an oileáin a chosaint. Tuigim chomh maith ó Oifig na nOibreacha Poiblí go mbeidh teorainn leis an méid báid a ligfear i dtír ar an oileán agus gur cheist bainistíochta í toirmeasc a chur ar francaigh agus creimirí eile.

Comharthaí Dátheangacha.

Trevor Sargent

Ceist:

442 D’fhiafraigh Mr. Sargent den Aire Gnóthaí Pobail, Tuaithe agus Gaeltachta cé na treoirlínte atá aige maidir le cur i láthair na Gaeilge ar chomharthaí sa Ghaeltacht nó san iarGhaeltacht agus cén tuairim atá aige faoi chomharthaí nuair a bhíonn na focail Ghaeilge orthu níos lú ná na cinn Bhéarla, a ndath níos éadroime agus iad mílitrithe chomh maith. [30728/05]

Mar is eol don Teachta, tá sé de chumhacht agam mar Aire rialacháin a dhéanfar faoi alt 9(1) d'Acht na dTeangacha Oifigiúla 2003 chun úsáid na Gaeilge amháin nó an Ghaeilge agus an Bhéarla le chéile a rialú ar fhógairtí béil — cibé beo nó taifeadta — ar stáiseanóireacht, ar chomharthaí agus ar fhógraí.

Mar a thug mé le fios don Teach i bhfreagraí ar cheisteanna phairlaiminte faoin ábhar seo cheana féin, tá mo Roinnse ag obair, i gcomhar le hOifig an Dréachtóra Pharlaiminte, ar dhréacht de na rialacháin a dhéanfar faoin mhír sin den Acht. Chomh maith leis sin, tá comhairle á glacadh ag mo Roinnse le Ranna eile mar ullmhúchán do chur i bhfeidhm na rialachán. Tá dul chun chinn suntasach déanta agus táim dóchasach go mbeidh mé in ann na rialacháin a dhéanamh go gairid le go dtiocfaidh siad i bhfeidhm, ar bhonn chéimiúil, go luath sa bhliain 2006.

Agus na rialacháin sin á ndréachtú, tá béim ar leith á leagan agam ar dhá bhun-phrionsabal. Ar an gcéad dul síos, tá i gceist go mbeidh rogha idir Gaeilge, nó Gaeilge agus Béarla, a úsáid. Ní bheidh an tríú rogha — Béarla amháin — dlíthiúil níos mó. An dara rud ná go gcaithfidh an Ghaeilge a bheith ar a laghad ar chomh-thaispeántacht leis an mBéarla ar aon chomhartha sa chás go roghnófar an dá theanga oifigiúil a úsáid.

I dtaca le comharthaíocht sa Ghaeltacht, ní miste liom a lua chomh maith go ndearna mé Órdú Logainmneacha (Ceantair Ghaeltachta) 2004 i leith logainmneacha i limistéir Ghaeltachta a tháinig i bhfeidhm ar 28 Márta 2005. Ciallaíonn an t-ordú seo nach ceadmhach ach an leagan Gaeilge de logainmneacha Gaeltachta a úsáid ar chomharthaí bóthair agus sráide ón dáta sin ar aghaidh.

Acht na dTeangacha Oifigiúla.

Dinny McGinley

Ceist:

443 D’fhiafraigh Mr. McGinley den Aire Gnóthaí Pobail, Tuaithe agus Gaeltachta cad iad na céimeanna atá á nglacadh sna Ranna éagsúla chun a chinntiú go mbeidh siad ábalta seirbhís trí Ghaeilge a thabhairt don phobal de réir fhorálacha an Achta Teanga. [30730/05]

Mar is eol don Teachta, feidhmíonn Acht na dTeangacha Oifigiúla ar dhá bhealach. I dtosach báire, tá forálacha ar leith a bhaineann go díreach le gach eagras poiblí. Chomh maith leis sin, tá forálacha ann maidir le scéimeanna reachtúla a chaithfidh gach comhlacht poiblí, ar iarratas uaimse mar Aire a ullmhú agus a aontú. I dtaca leis na scéimeanna de, ní miste a lua go bhfuil suas le 20 scéim daingnithe agam go dáta. Tá cur chuige réadúil agus praiticiúil glactha sna cásanna sin d'fhonn soláthar níos fearr de sheirbhísí trí Ghaeilge a sheachadadh, ag tógáil san áireamh cumas na n-eagras poiblí ó thaobh na n-acmhainní daonna agus airgeadais atá ar fáil dóibh. Leagtar béim ar leith sna scéimeanna ar a thábhachtaí is atá sé cumas Gaeilge na mball foirne a fheabhsú trí oiliúint agus sainchúrsaí cuí a chur ar fáil dóibh.

Sa chomhthéacs sin, ní mór dom a rá go bhfuil mo Roinnse ag obair go dlúth le Foras na Gaeilge, Gaeleagras na Seirbhíse Poiblí, An Foras Riaracháin agus institiúidí tríú leibhéal chun a chinntiú go gcuirfear leis an soláthar sainchúrsaí atá dírithe ar riachtanais na hearnála poiblí i ndáil le cur i bhfeidhm an Achta, ar a n-áirítear córas dearbhúcháin do cháilíochtaí i seirbhísí aistriúcháin, córas creidiúnaithe d'oiliúint Ghaeilge, sainchúrsaí oiliúna Gaeilge, agus bunachar sonraí leictreonach de chomharthaí caighdeánacha. Bhí áthas orm an céad comhartha de thoradh dearfach na hoibre sin a aithint le déanaí nuair a sheol mé dhá sainchúrsa atá forbartha ag An Foras Riaracháin.

Mar atá mínithe go minic agam cheana féin, cuirfear Acht na dTeangacha Oifigiúla i bhfeidhm ar bhonn céimiúil, i gcomhréir leis an éileamh ón bpobal ar sheirbhísí ar leith agus de réir mar a thiocfaidh feabhas ar chumas na hearnála poiblí seirbhísí a seachadadh trí mheán na Gaeilge thar tréimhse ama. Mar chuid lárnach den phróiseas forbartha sin, caithfear béim nach beag a leagan ní amháin ar an córas scolaíochta, ach ar dheiseanna a chruthú do dhaoine atá fostaithe cheana féin chun feabhas agus snas a chur ar a gcuid Gaeilge.

Decentralisation Programme.

Enda Kenny

Ceist:

444 Mr. Kenny asked the Minister for Agriculture and Food under what conditions public servants previously employed in the Department of Agriculture and Food in Davitt House, Castlebar, and now either being transferred to the Department of Agriculture and Food in Portlaoise or taking up positions as shift workers on the new Garda PULSE system, can be based in Davitt House, Castlebar; if this changes the conditions of employment for these public servants; the numbers and grades involved; the way in which these conditions imposed can be equated with a voluntary scheme; the situation pertaining to those who do not agree to go to Portlaoise; and if she will make a statement on the matter. [30647/05]

Consequent on the recent reform of the Common Agricultural Policy, a number of headage and premium schemes are being terminated by my Department. This reduces my Department's requirement for staff. In particular, there will be a reduction of approximately 100 in staffing levels in Michael Davitt House.

The Garda Síochána is establishing the Garda information service centre, GISC, in Castlebar which will perform some administrative functions of the Garda. This centre will be situated in Michael Davitt House and, when fully rolled out, have a staffing complement of 161 people. While the majority of staff in GISC will be required to work on a shift work basis, there are about 40 positions within GISC where staff will continue to work on a normal day basis and these are being reserved for Department of Agriculture and Food staff based in Castlebar.

The transfer of staff to shift work will be on a voluntary basis and no Department of Agriculture and Food staff are being compulsorily transferred from Castlebar to Portlaoise. The GISC requires 161 staff, made up of one principal officer, five assistant principals, 12 higher executive officers, 20 executive officers, ten senior officers and 113 clerical officers. Currently, in those grades, my Department has a staffing complement of 139 people in Michael Davitt House made up three principal officers, five assistant principals, 16 higher executive officers, 29 executive officers, 20 senior officers and 66 clerical officers.

The number of volunteers from my Department staff in Castlebar is below the numbers identified by the Garda Síochána as being required. Accordingly, the next step in the process will include the extension of the option of transferring to GISC to staff of the other Departments in Castlebar, the Revenue Commissioners and the Department of Communications, Marine and Natural Resources. It is expected that staff transferring from these Departments will create vacancies that can, in turn, be filled by Department of Agriculture and Food staff who do not wish to transfer to GISC.

Grant Payments.

Paul Connaughton

Ceist:

445 Mr. Connaughton asked the Minister for Agriculture and Food the reason a person (details supplied) in County Galway is not credited with a higher level of single payment; if her attention has been drawn to the fact that the person dramatically increased the stock numbers on the farm in 2002; if her attention has further been drawn to the fact that they extensively drained the farm and erected a range of new farm buildings at huge costs; if her attention has further been drawn to the fact that the person is a highly trained certified young farmer and that the farm is now used by Teagasc as a demonstration farm; and if she will make a statement on the matter. [30034/05]

The person named submitted applications for consideration in respect of both the new entrant and inheritance measures of the single payment scheme. The person named was notified that his new entrant application was rejected as he established no entitlements during the reference period 2000-2002. The inheritance application was accepted on 16 May 2005 and the entitlements gifted with lands to the person named have been transferred.

The person named submitted an application for an allocation of entitlements from the single payments scheme national reserve under categories B(1), (II), (III) and D. Category B caters for farmers who, between 1 January 2000 and 19 October 2003, made an investment in production capacity in a farming sector for which a direct payment under livestock premia and — or arable aid schemes would have been payable during the reference period 2000-2002. Category D caters for farmers who commenced farming after 31 December 2002 or who commenced farming in 2002 but who received no direct payments in respect of that scheme year.

The position is that applications for an allocation of entitlements from the national reserve were received from more than 17,500 farmers. Processing of these applications is continuing and the intention is to make allocations to successful applicants by 1 December next. My Department will be in touch with the person named as soon as his application is fully processed.

Direct Payment Schemes.

Paul Connaughton

Ceist:

446 Mr. Connaughton asked the Minister for Agriculture and Food if, in the context of on-farm inspections under the good farming practice code, farmers who have underclaimed their land area will be penalised; if silage bales stacked out in a field constitutes a penalty; the way in which missing eartags will be dealt with; the type of time allocation made available for such inspections; if it is necessary for the farmer to be present for such on-farm inspections; and if she will make a statement on the matter. [30035/05]

No penalty will be applied for under-declaration of land under the single payment scheme unless a full parcel of land has been omitted. Even then, if the area of the parcel omitted is less than 3% of the total area declared, no penalty will be applied. Where the area of the land parcels under-declared amounts to between 3% and 20% of the total area declared, a penalty of 1% will be applied to the payment. Where the area of the land parcels under-declared amounts to between 20% and 50% of the total area declared, a penalty of 2% will be applied to the payment. Where the area of the land parcels under-declared amounts to over 50% of the total area declared, a penalty of 3% will be applied. To use payment entitlements in full, an applicant must declare one hectare of land for each payment entitlement.

The stacking of silage bales in a field will not in itself give rise to a penalty provided there is no danger of leaching into nearby watercourses. With regard to missing eartags, my Department applies a tolerance in such cases depending on herd size with a view to ensuring that minor non-compliance will not give rise to any financial sanction. The European Commission has conducted a preliminary audit of the cross-compliance system adopted in Ireland. My Department awaits a final report from the Commission auditors and confirmation that it regards the framework for the application of cross-compliance in Ireland as fully meeting the EU requirements.

In so far as the time taken to carry out inspections is concerned, the position is that much depends on the number of measures that must be checked on individual farms selected for inspection on the basis of risk analysis. The regulations governing the single payment scheme require that 5% of applicants be inspected in respect of the eligibility of the land area declared. Furthermore, it is necessary to inspect at least 1% of single payment scheme applicants under the various statutory management requirements and good agricultural and environmental condition that constitute cross-compliance with the exception of identification and registration of bovine animals where at least 5% of applicants must be inspected.

To minimise the level of inconvenience to farmers, it has been decided to integrate inspections to the maximum extent possible thus ensuring, as far as possible, that there will be only one visit to each farm selected. The result of this integration is that one measure will be checked on approximately 3,000 farms, two measures on approximately 3,000 farms, three measures in approximately 2,000 farms, four measures on approximately 500 farms, five measures on approximately 100 farms, six measures on approximately 20 farms and seven measures on approximately five farms. Inspections under the area-based compensatory allowance scheme in disadvantaged areas are also integrated into the single payment scheme inspections. On this basis my Department estimates that, in all, fewer than 10,000 farmers will be inspected annually under the single payment scheme. This represents a reduction of some 50% in the number of inspections when compared with the old coupled regime.

In general, advance notice of 48 hours is given to farmers selected for inspection. Where the farmer is unable to be present at the inspection he or she can make arrangements to have somebody represent him or her.

Grant Payments.

John McGuinness

Ceist:

447 Mr. McGuinness asked the Minister for Agriculture and Food if she will investigate the entitlements under the single payment scheme being awarded to a person (details supplied) in County Kilkenny with a view to increasing the level of payment. [30067/05]

The person named has submitted an application requesting consideration in respect of both the new entrant and inheritance measures of the single payment scheme. Following processing, her applications under both measures were eligible. However, the new entrant measure was more financially beneficial and, as a result, the years 2000 and 2001 were excluded from the calculation of her single payment entitlements. The person named was advised that the application was successful on 18 May 2005.

Consultancy Contracts.

Richard Bruton

Ceist:

448 Mr. Bruton asked the Minister for Agriculture and Food the guidelines in place for the commissioning of outside expertise in the consultancy and public relations fields; and if ministerial approval is required for approval of expenditure on such commissions. [30162/05]

The document entitled Guidelines for the Engagement of Consultants in the Civil Service, issued by the Department of Finance in 1999 provides instructions to all Departments in the engagement of consultants. They outline national and EU contract procedures and, furthermore, set out guidelines for establishing the need to engage consultants, describe the selection process and provide guidelines for the management of such contracts. Officials in my Department apply these guidelines at all times in the commissioning of outside expertise in the consultancy and public relations fields. No public relations consultants have been engaged by my Department since 1999.

Grant Payments.

Phil Hogan

Ceist:

449 Mr. Hogan asked the Minister for Agriculture and Food when payment will be made in respect of scrapie depopulated flocks in the 2001 to 2003 period; and if she will make a statement on the matter. [30185/05]

During the period December 2001 to April 2003, a total of 135 flocks were depopulated under the scrapie programme and restocking was not permitted for a period of two years. Flock owners received compensation for the capital value of the sheep and for income loss for that period. In addition, those who restocked in the third year are to receive compensation for income loss for that year. A total of 78 flock owners have received their third year income loss payments and a further 41 flocks are due to be inspected before the end of April 2006 to establish the entitlement of the flock owners to third income loss payments. The entitlement of flock owners to further payments in respect of the years after restocking is being pursued.

Jimmy Deenihan

Ceist:

450 Mr. Deenihan asked the Minister for Agriculture and Food if a person (details supplied) in County Kerry will qualify under the 2005 single payment scheme; and if she will make a statement on the matter. [30292/05]

The person named was not in receipt of either livestock premia or arable aid payments during the 2000 to 2002 reference period and has not established entitlements under the single payment scheme.

Noxious Weeds Act.

Ciarán Cuffe

Ceist:

451 Mr. Cuffe asked the Minister for Agriculture and Food the action she will take to limit the dangers from noxious weeds (details supplied). [30460/05]

The Noxious Weeds Act 1936 provides for the control of the spread of the following six noxious weeds: thistle, ragwort and dock — 1937 order; common barbery — 1958 order; male wild hop plant — 1965 order; wild oat — 1973 order. Under this Act, it is an offence not to prevent the spread of weeds scheduled as noxious weeds under the Act. The owner, occupier, user or manager of lands on which these weeds are growing is liable, upon conviction, to be fined. In the case of fences and margins of public roads, the local authority charged with the maintenance of such roads is the responsible person.

The Department is examining the provisions of the Act with a view to updating and strengthening them in accordance with good agricultural and environmental practice. My Department has written to all local authorities charged with the maintenance of public roads to seek their co-operation in the elimination of these weeds from the roadsides and other areas under their control.

Consideration will be given to timely press releases and to eradication campaigns where ragwort is concerned. In the present circumstances, advice and persuasion is the most appropriate policy to pursue and that the good will of local authorities and others can be relied on to take appropriate action. A Teagasc advisory leaflet is available for the control of noxious weeds and is revised in line with advances in new control procedures.

Afforestation Programme.

Trevor Sargent

Ceist:

452 Mr. Sargent asked the Minister for Agriculture and Food the remit, structure and membership of the woodlands of Ireland, together with the sources and extent of funding. [30503/05]

The Woodlands of Ireland is a partnership involving those with an interest in conserving Ireland's native woodlands. The project is funded jointly by the Department of Agriculture and Food, the Department of the Environment, Heritage and Local Government and the Heritage Council.

The objectives of the project are to develop strategies aimed at securing the sustainable management of Ireland's semi-natural woodlands, encourage the restoration of degraded semi-natural woodland, facilitate the establishment of new woodlands consisting of indigenous species from indigenous sources, initiate educational programmes to promote awareness of the importance of native woodlands and to disseminate information pertaining to these activities.

Woodlands of Ireland employs one full-time project manager. Overall guidance is provided by a steering group comprising one representative from each of the three funding agencies, along with a further seven members elected at the annual general meeting. A technical advisory group, with up to 27 members selected for their particular expertise, provides advice on various technical matters. The project has no membership, as such. Anybody interested in the conservation of native woodlands can seek election to the steering group.

The Department of Agriculture and Food has approved funding of €30,000 to support the activities of woodlands of Ireland for 2005. I understand that similar funding has been approved by the other funding agencies.

Woodlands of Ireland also works with the forest service in the provision of training courses. The courses cover topics relevant to the native woodland scheme and are aimed at foresters, ecologists, personnel from relevant State agencies and others directly involved in developing projects under the native woodland scheme.

Trevor Sargent

Ceist:

453 Mr. Sargent asked the Minister for Agriculture and Food if she will report on the native woodland scheme since its establishment; the date of approval; the areas concerned, nature and extent of these applications; the source and amount of funding involved; and the status of their implementation differentiating between establishment and conservation schemes and giving the names of the successful applicants. [30504/05]

The native woodland scheme was established in 2001 to provide support to landowners to protect and enhance existing native woodlands and to establish new native woodlands using close-to-nature silivicultural practices. The scheme is funded under the National Development Plan 2000-2006, supported by the European Union. Expenditure under the scheme to date is €1,204,936.70. I am arranging to send details of the application approved to date to the Deputy within the next week.

Trevor Sargent

Ceist:

454 Mr. Sargent asked the Minister for Agriculture and Food if sites have been approved for the native woodland scheme which were already clear-felled; if so, if she will provide a list of those sites; the names of the applicants; the date of approval; the areas concerned; the nature and extent of these applications; their cost and the status of their implementation. [30505/05]

The purpose of the native woodland scheme is to provide support to landowners to protect and enhance existing native woodlands and to establish new native woodlands using close-to-nature silivicultural practices. Sites which have been clear-felled and which may have been originally planted with a range of coniferous and other species are eligible to be considered for grant assistance for replanting as native woodland.

I am aware of 25 sites under the native woodland scheme where some element of clear-felling had taken place prior to application. I am compiling the information requested about these sites and will send the relevant details to the Deputy within the next week.

Trevor Sargent

Ceist:

455 Mr. Sargent asked the Minister for Agriculture and Food if she will provide a breakdown of prosecutions undertaken by her Department for unauthorised felling, in view of the number of reports received; the number of proceedings undertaken and their outcome over the past five years. [30506/05]

Since 2000 my Department has received 312 reports of alleged unauthorised felling of trees. Each report is fully investigated by my officials who carry out an on-site inspection in every case and submit a full written report. Based on their assessment of the situation and legal advice, where considered appropriate, a decision is taken on whether proceedings should be initiated. However, in the majority of reported cases of unauthorised felling, it is found that there is no breach of the Forestry Act 1946. Of the cases investigated by my Department, 13 were brought to court over the last five years. Successful prosecutions were obtained in 12 of these cases.

Trevor Sargent

Ceist:

456 Mr. Sargent asked the Minister for Agriculture and Food if she will require advertisement by signs for afforestation projects similar to those used to ensure public consultation under the planning system. [30507/05]

I will consider whether the public notification and consultation process is adequate.

Departmental Expenditure.

John Deasy

Ceist:

457 Mr. Deasy asked the Minister for Agriculture and Food the amount which has been spent by her Department in bringing into effect the provisions of the Official Languages Act 2003. [30533/05]

It is estimated that a total of €116,790.54 has been spent by my Department to date in bringing into effect the provisions of the Official Languages Act 2003.

Consultancy Contracts.

Richard Bruton

Ceist:

458 Mr. Bruton asked the Minister for Agriculture and Food the percentage of reports, consultancies and cases from external commissions where the issue of poor value for money was highlighted, in her Department from 1998 to date in 2005. [30538/05]

In leading the development of a sustainable, competitive and consumer-focused agri-food sector, my Department has from time to time considered it necessary to engage external expertise to advise on or otherwise assist in the development, implementation and independent evaluation of its policies, programmes and services.

In some instances, there is a legal obligation to obtain independent evaluation. Under the provisions of the EU Council Regulation No. 1258/99 on the financing of the Common Agricultural Policy, CAP, and Commission Regulation No. 1663/95, since 1995 the European Commission only finances expenditure that is made by paying agencies accredited by member states. As part of the accreditation process, the regulations require that the annual accounts of the CAP paying agencies in member states must be accompanied by an "attestation" certificate regarding the integrality, exactitude and veracity of the annual accounts. This certificate must be given by a certifying body that is operationally independent of the paying agency.

With regard to ICT, consultancies were used over the period to establish and advise on some aspects of ICT strategy and e-Government delivery, which underpinned the transformation of our ICT systems over the past five years. As a result of this, my Department has delivered major improvements in internal efficiencies, controls, and delivery of service to its customers. For example, this has allowed my Department to deliver efficiently direct payments to farmers of €1.6 billion annually. In addition, my Department has been able to implement the single payment system, SPS, in 2005, and will start making such payments to farmers in December, the earliest implementation date allowable. A further return on the design of and the investment in ICT capability can be seen in the fact that it has control systems in place to trace animals and protect the food production chain and to manage disease outbreak, such as the foot and mouth disease outbreak in 2001.

Apart from early delivery of payments and improved food safety and traceability systems, my Department now also provides electronic access for farmers to the claims information, including their land parcel mapping. It provides electronic access to herd details and online registration of calf births.

I consider that consultancies engaged during the period in question have been necessary and have contributed significantly to my Department's capabilities in developing the agrifood sector, preserving the country's animal health status and protecting consumers, thus representing good value for money for my Department's wide range of stakeholders, including taxpayers.

Grant Payments.

Paul Connaughton

Ceist:

459 Mr. Connaughton asked the Minister for Agriculture and Food the single farm payment available to a person (details supplied) in County Galway; if her attention has been drawn to the fact that the applicant purchased a farm in 2001; if her attention has further been drawn to the fact that it may be more advantageous to have the reference years 1997, 1998 and 1999 rather than 2000, 2001 and 2002; if the entitlements on the farm transferred with the farm at the point of sale; if the applicant is entitled to be considered for an allocation from the national reserve; and if she will make a statement on the matter. [30736/05]

An application for consideration under the force majeure— exceptional circumstances measure of the single payment scheme, SPS, was submitted by the person named on 5 February 2004. The person named has been notified that the circumstances outlined by him do not satisfy the criteria for force majeure — exceptional circumstances under Article 40 of Council Regulation (EC) No. 1782/2003.

The person named also submitted an application for consideration in respect of both the new entrant and inheritance measures of the SPS. Following processing of his applications, he was advised that he did not meet the criteria as a new entrant during the reference period as he did not receive any livestock premia payments during that period. His application for the transfer of entitlements on the grounds of inheritance was ineligible as he purchased the lands in question. A letter detailing the decisions in respect of these applications was issued to the person named on 20 December 2004 and he was advised that he could submit an application to have entitlements transferred to him by way of private contract clause. To date no such application has been submitted.

An official from my Department contacted the person named on 24 October 2005 and advised him to submit a private contract clause application immediately if he wished to proceed on this basis and if agreement had been reached with the vendor for the transfer of the entitlements. The person named submitted an application for an allocation of entitlements from the single payment national reserve under category D which caters for farmers who commenced farming after 31 December 2002 but who received no payments in respect of that scheme year. If it is the case that the person named purchased land in 2001, the application will now also be examined under category B (1) which caters for farmers who between the 1 January 2000 and the 19 October 2003 made an investment in production capacity in a farming sector for which a direct payment would have been payable during the reference period 2000 to 2002.

Applications for an allocation of entitlements from the national reserve were received from more than 17,500 farmers. My Department will be in touch with the person named as soon as his application is fully processed.

Property Management Services.

Catherine Murphy

Ceist:

460 Ms C. Murphy asked the Minister for Justice, Equality and Law Reform if he will introduce legislation to govern the operation of estate management companies; and if he will make a statement on the matter. [30467/05]

I published the report of the auctioneering — estate agency review group on Tuesday, 18 October 2005 and, at the same time, I announced that the Government had approved the establishment of the national property services regulatory authority, one of the key recommendations in the report.

A further key recommendation is that the new authority should assume responsibility for the licensing and regulation of all trading entities providing auctioneering, estate agency, property letting and property management services. Property management agencies are not regulated. The report recommends a specific class of licence for property management agencies, that they contribute to an approved fidelity fund and are made subject to oversight by the authority and to its vetting and complaints procedures.

The new authority is being established on an interim basis pending the enactment of the necessary statutory framework. It will be based in Navan and I anticipate that it will be operating early in 2006.

Irish Prison Service.

David Stanton

Ceist:

461 Mr. Stanton asked the Minister for Justice, Equality and Law Reform the status of the prison officers who were transferred from Spike Island in Cork; the number of prison officers who have been permanently located in other prisons; if compensation has been paid or will be paid on re-location of these prison officers to other prisons on a permanent basis; and if he will make a statement on the matter. [30019/05]

I refer the Deputy to my response to Question No. 137 on 19 May, 2005 and to Question No. 961 on 28 September 2005 in which I outlined the position of staff who were previously employed at Fort Mitchel. As I indicated previously, I understand that the director general of the Irish Prison Service is addressing the issue of the permanent redeployment of Fort Mitchel staff in the context of the implemen-tation of the proposal for organisational change in the Irish Prison Service. To date, one officer has been assigned to Mountjoy Prison and one officer to Limerick Prison. There were also two officers assigned to Portlaoise Prison. The issue of the permanent assignment of the other staff previously assigned to Fort Mitchel will be addressed in the coming months having regard to the phased implementation of the change programme.

I do not propose to make any compensatory payments to the staff concerned. However, some officers may be entitled to claim certain expenses under the provisions of Department of Finance circular 6/1989.

Visa Applications.

Brian O'Shea

Ceist:

462 Mr. O’Shea asked the Minister for Justice, Equality and Law Reform if he will grant holiday visas to persons (details supplied) from a non-EU state to attend a family christening; and if he will make a statement on the matter. [30051/05]

The visa applications in question were received in my office on 30 September 2005. When assessing the applications in question, consideration was given to the personal circumstances of the applicants and the extent of their ties in their country of origin, The applications were refused because it was not established, on the basis of the documentation supplied to my Department, that the applicants would observe the conditions of a visit visa. In particular, it was felt that the applicants had not displayed sufficient evidence of their obligations to return home following their proposed visit. Second, financial information was not provided, therefore the visa officer could not be satisfied that there would be no recourse to public funds.

It is open to the applicants to appeal against the refusal of the visas by writing to the visa appeals officer in my Department, together with additional supporting documentation. It is the responsibility of each applicant to submit all relevant documentation, including any evidence of intent to return home, which may support the appeal.

Garda Stations.

David Stanton

Ceist:

463 Mr. Stanton asked the Minister for Justice, Equality and Law Reform his plans to upgrade Youghal Garda station; and if he will make a statement on the matter. [30052/05]

I am informed by the Garda authorities that there are plans to refurbish and extend Youghal Garda station to bring it up to the status of an area headquarters station. In the meantime, the Office of Public Works is preparing a tender specification to invite tenders for approved remedial works to be carried out at the station. This forms part of an ambitious national Garda building programme which has already resulted in many Garda stations being modernised and many more at various stages of being modernised.

Citizenship Applications.

John Cregan

Ceist:

464 Mr. Cregan asked the Minister for Justice, Equality and Law Reform when an application for citizenship (details supplied) will be processed; and if he will make a statement on the matter. [30053/05]

I informed the Deputy in response to Question No. 269 on 17 May 2005 that an application for a certificate of naturalisation from the person concerned had been received in March 2004 and that it was likely that it would be finalised in early 2006. This is still the position.

Garda Complaints Procedures.

Paul Nicholas Gogarty

Ceist:

465 Mr. Gogarty asked the Minister for Justice, Equality and Law Reform when a report will be issued in relation to complaints made by a person (details supplied) to the Garda Commissioner regarding the way named members of the Garda Síochána handled their case; the redress available should any performance of duties be found to be less than satisfactory; and if he will make a statement on the matter. [30054/05]

Paul Nicholas Gogarty

Ceist:

466 Mr. Gogarty asked the Minister for Justice, Equality and Law Reform the status of the investigation into the incident of alleged rape (details supplied); if prosecution is likely to be issued and the reason for such a decision; if the person against whom the allegations are being made already has a criminal record. [30055/05]

Paul Nicholas Gogarty

Ceist:

467 Mr. Gogarty asked the Minister for Justice, Equality and Law Reform the status of the investigation into the incident of alleged sexual assault (details supplied); if prosecution is likely to be issued and the reason for such a decision; if the person against whom the allegations are being made already has a criminal record. [30056/05]

I propose to take Questions Nos. 465 to 467, inclusive, together.

I have been informed by the Garda authorities that individuals have the opportunity to have complaints dealt with by the Garda Síochána complaints board or have them dealt with by the Garda authorities. The person named in the question has had complaints dealt with to a conclusion by the Garda Síochána complaints board. Recent correspondence to the Commissioner from the named person recounting several incidents, which had previously been investigated by the Garda Síochána complaints board, is being investigated by the Garda authorities.

I am further informed that a full investigation into the two other incidents that are the subject of the Deputy's questions was carried out and submitted to the Office of the Director of Public Prosecutions. A decision was made by the DPP that no prosecution was to take place. The role of the Garda is to investigate alleged offences, gather whatever evidence may be available and submit a report to the DPP. The question of whether a particular person should be prosecuted and for what criminal offence is the responsibility of the DPP. The DPP, who is independent in the performance of his functions, makes his decision on the basis of the Garda findings viewed against the background of common and-or statute law.

Garda Investigations.

Tony Gregory

Ceist:

468 Mr. Gregory asked the Minister for Justice, Equality and Law Reform if the case of a person (details supplied) in County Kerry will be considered under the provisions of the new Garda Síochána Act 2005. [30090/05]

I am considering my response to a number of communications received by and on behalf of the person in question dealing with, inter alia, the matter raised by the Deputy. My response will issue in due course.

Equality Legislation.

Joe Higgins

Ceist:

469 Mr. J. Higgins asked the Minister for Justice, Equality and Law Reform the measures he will take to end the discrimination encountered by tenants in the private rented sector in receipt of rent allowance who despite having references are refused accommodation by landlords solely due to their status as persons in receipt of rent allowance. [30091/05]

The Equal Status Acts 2000 to 2004 prohibit discrimination in the provision of accommodation on nine grounds — gender, marital status, family status, sexual orientation, religion, age, disability, race and membership of the Traveller community. Being in receipt of a rent allowance is not of itself a discriminatory ground within the meaning of the Equal Status Acts 2000 to 2004. A review of the grounds of discrimination under the equal status Acts is to take place shortly within my Department.

Explosives Licences.

Joe Higgins

Ceist:

470 Mr. J. Higgins asked the Minister for Justice, Equality and Law Reform the reason an explosives licence can be approved for a quarry in County Monaghan operated by a person (details supplied) which is not operating under any planning permission and does not have any pre-1964 status from the date before the current planning system came into force. [30092/05]

As the Deputy will be aware, the question of whether the quarry to which he refers is an unauthorised development under the Planning and Development Acts 1963 to 2000 is entirely a matter for the local planning authority, in this case Monaghan County Council, or the planning appeals board and one in which I as Minister for Justice, Equality and Law Reform may not intervene.

Any person wishing to manufacture explosives requires to obtain a licence from me under the Explosives Act 1875. In 2002 Irish Industrial Explosives Limited sought a licence to manufacture explosives for use in the quarry in question and following careful consideration a licence was issued in January 2003. When deciding on the grant of such licences my primary concern must be matters of safety and security and I may not refuse to grant a licence on planning grounds as decisions on planning are solely a matter for the planning authority concerned.

In the present case my Department was informed by the local planning authority, Monaghan County Council that the quarry in question is registered in accordance with the requirements of section 261 of the Planning and Development Act 2000 and that it does not consider the quarry to be unauthorised.

Asylum Support Services.

Bernard Allen

Ceist:

471 Mr. Allen asked the Minister for Justice, Equality and Law Reform, further to Question No. 942 of 28 September 2005, the number of centres housing asylum seekers and refugees on a yearly basis from 2000 to 2005; the expenditure including differentiating between capital and other expenditure including rental on each centre on an annual basis since their opening to date in view of the fact that he refused to give the information requested to a question which was submitted on 29 August 2005 one month previously and has since failed to provide the information as promised; and if he will provide that information. [30119/05]

The information requested by the Deputy was forwarded by me on 24 October 2005. The delay in providing the substantive information sought by him is regretted. However, the level of detail required to answer the question was not readily available in electronic format and, consequently, had to be compiled by hand. This required a detailed and exhaustive analysis of a very large number of files and records dating back to 2000 and necessitated a very considerable volume of work and staff time.

Compensation Claims.

Michael Ring

Ceist:

472 Mr. Ring asked the Minister for Justice, Equality and Law Reform when a person (details supplied) in County Mayo will receive their award under the criminal injuries compensation tribunal. [30140/05]

Following a review of the criminal injuries compensation tribunal's commitments relative to its allocation for 2005, I understand that the tribunal is in a position to meet a number of the outstanding awards, either in part in the case of larger awards or in whole in the case of a number of smaller awards. The award referred to by the Deputy is one of the latter such cases and I understand that a payment will issue within the next few weeks.

Consultancy Contracts.

Richard Bruton

Ceist:

473 Mr. Bruton asked the Minister for Justice, Equality and Law Reform the guidelines in place for the commissioning of outside expertise in the consultancy and public relations fields; and if ministerial approval is required for approval of expenditure on such commissions. [30163/05]

Richard Bruton

Ceist:

474 Mr. Bruton asked the Minister for Justice, Equality and Law Reform the percentage of reports, consultancies and cases from external commissions where the issue of poor value for money was highlighted in his Department from 1998 to date in 2005. [30178/05]

I propose to take Questions Nos. 473 and 474 together.

The procedures to be applied in engaging consultants are set out in the Department of Finance guidelines on this subject which supplement the general guidelines relating to public procurement. Ministerial approval of individual contracts is not a requirement of these guidelines. The Deputy will be aware that the Government has also recently agreed upon on a number of new measures to improve the management of consultancies, including a review by the Department of Finance of the existing guidelines to ensure that they accord with best practice.

I am satisfied that the measures in place in my Department are such that value for money is achieved in the use of the services in question. The additional measures recently announced will contribute further to the effective use of external advice as an aid to policy development and in the delivery of quality public services. Given the range and complexity of issues addressed by my Department, additional external advice has a role in providing skills and experience not readily available within the Department including in the design of major IT systems such as those referred to in my response to Question No. 155 of 20 October.

Visa Applications.

Phil Hogan

Ceist:

475 Mr. Hogan asked the Minister for Justice, Equality and Law Reform when a decision will be made regarding an application for residence for a person (details supplied) in County Kilkenny. [30190/05]

The visa application for the person in question to join her spouse for the duration of his permission to remain in the State while a holder of a work permit has been approved.

Road Traffic Accidents.

Cecilia Keaveney

Ceist:

476 Cecilia Keaveney asked the Minister for Justice, Equality and Law Reform the exact format that recently announced programmes to combat deaths on the roads will take in Inishowen, County Donegal; and the increase associated with this in terms of personnel and hours on duty. [30191/05]

I have been informed by the Garda authorities that in response to the serious number of road traffic fatalities in the Inishowen area of County Donegal, a dedicated traffic corps unit has been established in Buncrana district in addition to traffic corps personnel already operating within the Donegal division. I am further informed that the unit will comprise one sergeant and four gardaí and will operate out of Burnfoot Garda station on a pilot basis for a defined period and will be evaluated thereafter. The unit will operate intelligence-led policing initiatives in the Inishowen peninsula which will be deployed at collision-prone locations and will augment the district and divisional traffic corps performing the core policing and traffic duties in the area. The unit is committed to continue to work in partnership with all the groups who have an interest in road safety, including the wider community in the Inishowen peninsula and will assist local gardaí in their efforts to prevent and reduce road fatalities in the area.

Crime Levels.

John Perry

Ceist:

477 Mr. Perry asked the Minister for Justice, Equality and Law Reform the provisional crime statistics for County Sligo over the past 12 months, detailing differences in the past number of years on certain figures; and if he will make a statement on the matter. [30192/05]

In regard to crime figures the Deputy will be aware that on becoming Minister for Justice, Equality and Law Reform, I arranged for the publication of headline crime statistics on a quarterly basis to improve the quality of information available to the public. While caution should be exercised in interpreting levels of crime between quarters, I am pleased to note that during my term of office as Minister, the quarterly crime rate has decreased from 6.7 per 1,000 population to 6 per 1,000 over the longer period of 11 quarters for which figures are available. This trend is reflected throughout most Garda districts in the country. In interpreting these figures, account has also to be taken of the introduction of the new PULSE computer system by the Garda Síochána in 1999 which led to more complete and comprehensive recording of crimes reported than was previously the case. Taking into account the significant increase in our population since 1995, the headline crime rate has fallen from 29 per 1,000 population in 1995 to 25 per 1,000 population in 2004. I am informed by the Garda authorities that the table supplied provides the number of headline offences recorded and detected for the Garda Síochána districts of Sligo and Ballymote from 2000 to date in 2005. The statistics provided for 2004 and 2005 are provisional, operational and liable to change.

Headline Offences (by Group) Recorded and Detected for Garda District of Ballymote for Years 2000 to 2005.

District: Ballymote

2005*

2004*

2003

2002

2001

2000

Rec

Det

Rec

Det

Rec

Det

Rec

Det

Rec

Det

Rec

Det

Homicide

0

0

0

0

0

0

0

0

0

0

0

0

Assault

4

0

3

3

2

2

7

7

3

3

3

3

Sexual Offences

4

0

1

0

3

2

6

6

3

1

2

1

Arson

0

0

3

0

1

0

1

0

3

2

2

2

Drugs

1

1

0

0

1

1

3

3

0

0

0

0

Thefts

41

5

37

3

50

9

55

11

47

17

38

10

Burglary

25

1

26

4

24

2

34

4

48

12

43

13

Robbery

0

0

2

1

1

0

2

1

1

1

1

1

Fraud

0

0

3

1

4

2

14

13

3

2

11

6

Other

1

0

6

5

3

0

0

0

2

2

0

0

Total

76

7

81

17

89

18

122

45

110

40

100

36

* Figures provided are provisional/operational and liable to change.

Headline Offences (by Group) Recorded and Detected for Garda District of Sligo for Years 2000 to 2005.

District: Sligo

2005*

2004*

2003

2002

2001

2000

Rec

Det

Rec

Det

Rec

Det

Rec

Det

Rec

Det

Rec

Det

Homicide

1

0

1

1

1

1

3

3

0

0

0

0

Assault

33

12

39

28

56

37

82

60

30

23

12

9

Sexual Offences

22

16

27

12

43

34

25

14

9

4

11

11

Arson

37

2

57

1

67

12

43

2

33

7

15

0

Drugs

16

16

19

19

27

27

28

27

20

20

36

36

Thefts

475

131

557

175

659

234

576

176

426

180

428

236

Burglary

204

35

221

48

278

87

216

34

305

77

267

83

Robbery

9

2

17

9

10

6

5

4

9

4

6

4

Fraud

33

12

58

40

44

12

31

13

35

24

37

33

Other

9

2

10

5

11

5

12

11

4

3

2

2

Total

839

228

1,006

338

1,196

455

1,021

344

871

342

814

414

Homicide

2005*

2004*

2003

2002

2001

2000

Rec

Det

Rec

Det

Rec

Det

Rec

Det

Rec

Det

Rec

Det

Murder

1

0

1

1

1

1

0

0

0

0

0

0

Manslaughter

0

0

0

0

0

0

1

1

0

0

0

0

Total

1

0

1

1

1

1

1

1

0

0

0

0

* Figures provided are provisional/operational and liable to change.

Asylum Support Services.

Martin Ferris

Ceist:

478 Mr. Ferris asked the Minister for Justice, Equality and Law Reform if he will make a statement on the representations made by a former security guard (details supplied) in County Kerry regarding the lack of security on a premises. [30238/05]

The Reception and Integration Agency is responsible for the accommodation of asylum seekers through the Government policy of direct provision and dispersal. The agency operates 75 accommodation centres across 24 counties.

The agency entered into the current contract for the provision of full-board accommodation at Westward Court hostel, Tralee, County Kerry, commencing on 17 December 2004. The contract entered into by the agency specifies a number of requirements which must be met by the contractor in the operation of the accommodation centre. These include standards in respect of health and safety, food, including food hygiene, building regulations and security.

To ensure that the terms of all contracts are adhered to, the agency schedules a number of inspections of centres in its accommodation portfolio each year. In addition to inspections conducted by officers of the agency, an independent inspectorate with expertise in the area of full board accommodation standards has been contracted to undertake detailed inspections of all centres on behalf of the agency. The Reception and Integration Agency is satisfied that the security arrangements in place at Westward Court accommodation centre are in compliance with the terms of the contract.

Public Order Offences.

John Deasy

Ceist:

479 Mr. Deasy asked the Minister for Justice, Equality and Law Reform the number of convictions that have been recorded under the Criminal Justice (Public Order) Act 2002; the number of closure orders that have been applied for and granted under the Act; the number of exclusion orders that have been made under the Act; and if he will make a statement on the matter. [30242/05]

I regret that 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 in regard to this matter when it becomes available.

Crime Prevention.

Seamus Kirk

Ceist:

480 Mr. Kirk asked the Minister for Justice, Equality and Law Reform if, in view of the increase of machete attacks, he will consider banning the import of such dangerous weapons; and if he will make a statement on the matter. [30248/05]

The importation of machetes or machets is prohibited under the Firearms and Offensive Weapons Act 1990. A machete or machet is defined as an offensive weapon for the purpose of the 1990 Act which prohibits the manufacture, importation, sale, hire or loan of offensive weapons.

Proposed Legislation.

Richard Bruton

Ceist:

481 Mr. Bruton asked the Minister for Justice, Equality and Law Reform the progress made in drafting legislation to deal with fireworks since the first announcement of his intention to change the law; and when he will introduce new legislation to Dáil Éireann. [30252/05]

The law governing the control of the importation, manufacture, storage and sale of fireworks is the Explosive Act 1875. The Deputy will be aware that last February I published a fireworks policy consultation document and initiated a process of consultation with a view to bringing forward proposals for amending and strengthening the provision in the 1875 Act. My Department has received a wide range of submissions in response to the consultation document which are being examined.

It is already clear from the submissions received that among the options for change outlined in the consultation document there is a general acknowledgement of the need to strengthen the enforcement provisions in the 1875 Act. Accordingly, I propose to take the opportunity presented by the Criminal Justice Bill 2004, which is before the House, to bring forward on Committee Stage of that Bill amendments which will provide for new offences governing the misuse of fireworks in public places and an offence of possession of illegally imported fireworks with intent to supply. I also propose to increase significantly penalties governing the illegal importation, sale and use of fireworks.

Garda Deployment.

Pat Rabbitte

Ceist:

482 Mr. Rabbitte asked the Minister for Justice, Equality and Law Reform the average number of community gardaí which have been deployed in Tallaght in each of the years 2003, 2004 and to date in 2005; and if he will make a statement on the matter. [30258/05]

I have been informed by the Garda authorities, who are responsible for the detailed allocation of resources including personnel, that the personnel strength of Tallaght Garda station on 18 October 2005 was 173, all ranks. The personnel strength of Tallaght Garda station on 31 December 1997 was 133, all ranks. This represents an increase of 40 or 30% in the number of personnel allocated to Tallaght Garda station since the former date.

The number of gardaí, all ranks, employed in community policing duties on 30 September 2003, 2004 and 2005 is set out in the following table:

Year

Strength

30 September 2003

24

30 September 2004

24

30 September 2005

22

I am further informed that local Garda management is satisfied the resources available in Tallaght are adequate to meet the policing needs in the community.

With regard to Garda resources generally, the accelerated recruitment campaign to reach a record force strength of 14,000 in line with the commitment in An Agreed Programme for Government is fully on target. This will lead to a combined strength of attested gardaí and recruits in training of 14,000 by the end of 2006. The Garda Commissioner will draw up plans on the best distribution and management of these additional resources and, in this context, the needs of the Tallaght area will be fully considered within the overall context of the needs of Garda areas throughout the country.

Registration of Title.

Michael Ring

Ceist:

483 Mr. Ring asked the Minister for Justice, Equality and Law Reform when a dealing with the Land Registry will be completed for a person (details supplied) in County Mayo. [30271/05]

I have requested the Land Registry to contact him directly concerning the current position of the application in question.

Residential Institutions Redress Scheme.

Michael D. Higgins

Ceist:

484 Mr. M. Higgins asked the Minister for Justice, Equality and Law Reform if he has satisfied himself that the decision by the Incorporated Law Society of Ireland to issue a notice to persons applying to the Residential Institutions Redress Board referencing the society’s complaints procedure is an adequate response to allegations of wrongdoing in connection with solicitors’ fees for work before the redress board in terms of ensuring compensation of victims and deterrence of such future practices. [30276/05]

I refer the Deputy to the detailed reply which I gave to Questions Nos. 655 and 663 on Tuesday, 18 October concerning the procedures in place to deal with allegations that some solicitors have double charged in respect of applications to the Residential Institutions Redress Board. The Law Society has put special additional measures in place to facilitate the making of complaints in these cases, including the introduction of a helpline, and I understand that it has undertaken to fast-track any complaint received on the matter. I welcome these initiatives in so far as they are designed to assist persons who have complaints to make under the Law Society's complaints procedures. In my reply of 18 October, I also outlined the measures I intend to include in the Civil Law (Miscellaneous Provisions) Bill to strengthen existing procedures for dealing with complaints against the legal profession.

Deportation Orders.

Finian McGrath

Ceist:

485 Mr. F. McGrath asked the Minister for Justice, Equality and Law Reform if persons (details supplied) will not be deported; and if they will be provided with the maximum support and assistance. [30309/05]

I refer the Deputy to my reply to Question No. 441 on Tuesday, 4 October 2005 in which I set out the circumstances and background to this case and indicated that enforcement of the deportation orders made in this case was a matter for the Garda Síochána. It has not been possible in the time provided to receive a comprehensive report from the Garda Commissioner on this matter and I will communicate directly with the Deputy in the next few days in response to his question.

Citizenship Applications.

John Cregan

Ceist:

486 Mr. Cregan asked the Minister for Justice, Equality and Law Reform when an application for citizenship for a person (details supplied) in County Limerick will be processed; and if he will make a statement on the matter. [30327/05]

I have been informed by officials in the citizenship section of my Department that the case of the person referred to has already been examined and that it was necessary to seek clarification on a matter related to the completion of the statutory forms. This has now been resolved and I understand that the case will be finalised in the near future.

Residency Permits.

Michael Ring

Ceist:

487 Mr. Ring asked the Minister for Justice, Equality and Law Reform the reason original documents were not returned to a person (details supplied) in County Mayo in view of the fact that the documents returned to the person and referred to in Question No. 365 of 11 October 2005 were only photocopies; if they can have all their original documents returned, apart from the birth certificate of the Irish-born child. [30475/05]

I refer to Question No. 365 of 11 October 2005 regarding this matter. I have been advised by my officials that the documents which were attached to the application were returned to the applicants with the exception of the birth certificate of the Irish-born child which is retained for all applications. My officials also advise me that a thorough check is being made of all correspondence from the applicants to ensure that all original documents have been returned.

Michael Ring

Ceist:

488 Mr. Ring asked the Minister for Justice, Equality and Law Reform if the fact that a person (details supplied) in County Mayo is the parent of an Irish-born child will be taken into consideration when deciding the person’s application for residency on the basis of marriage to an Irish national; and when a decision will be made on this application. [30476/05]

The person in question made an application for permission to remain in the State based solely on marriage to an Irish national. This application was considered and a notification of refusal issued on 18 October 2005.

With reference to the matter of the Irish-born child, it should be noted that following the decision of the Supreme Court in the cases of L and O, the separate procedure which then existed to enable persons to apply to reside in the State on the sole basis of parentage of an Irish-born child ended on 19 February 2003. A revised arrangement was introduced on 12 January 2005 to address the issue of parents of Irish-born children who continued to reside in the State after the child was born. Applications for residency were invited and the scheme was open from 12 January to 31 March 2005. There is no evidence that the person in question made an application under this scheme.

As the person in question does not have an alternative legal basis for remaining in this jurisdiction, the issue of permission to remain based on parentage of an Irish-born child will only be considered in the context of a ministerial proposal to deport him. In that context, the letter of 18 October 2005 referred to above contained a notification of a proposal to make a deportation order and the person has been given an opportunity to make representations concerning it. If, in the light of representations received and the range of factors set out in section 3(6) of the Immigration Act 1999, I decide not to make a deportation order, the person will be given leave to remain on a humanitarian basis.

Liquor Licensing Laws.

Paul Connaughton

Ceist:

489 Mr. Connaughton asked the Minister for Justice, Equality and Law Reform when new licensing laws governing hotels will come into operation; and if he will make a statement on the matter. [30478/05]

The Government legislation programme published on 27 September makes provision for publication of a Bill to codify the licensing laws in mid-2006. The Bill will contain provisions relating to the licensing of different categories of licensed premises, including hotels.

Garda Investigations.

Trevor Sargent

Ceist:

490 Mr. Sargent asked the Minister for Justice, Equality and Law Reform when a potential crime such as a vehicle being driven without tax or insurance is brought to the attention of the Garda by citizens who provide registration numbers, the response the citizens may expect; and if he will make a statement on the matter. [30481/05]

The question raised by the Deputy is primarily an operational matter for the Garda authorities. However, I have been informed by the Garda authorities that the Garda Síochána investigates all reported breaches of the criminal law. I am further informed that where a member of the Garda Síochána has reasonable grounds for believing that a mechanically propelled vehicle has been used in a public place on a particular occasion, including a case in which the garda has observed the use, he or she may at any time no later than one month after the occasion demand of the user or three months after the occasion demand of the owner of the vehicle the production of either a certificate of insurance or a certificate of exemption.

Departmental Reports.

James Breen

Ceist:

491 Mr. J. Breen asked the Minister for Justice, Equality and Law Reform when the report on the regulations covering auctioneers’ business here will be produced; and if he will make a statement on the matter. [30518/05]

I published the report of the auctioneers and estate agency review group on Tuesday, 18 October 2005. At the same time, I announced that the Government had approved the establishment of a national property services regulatory authority, one of the key recommendations in the report. The new authority is being established on an interim basis pending the enactment of the necessary statutory framework. It will be based in Navan and I anticipate that it will be operating by early 2006.

Crime Prevention.

Ciarán Cuffe

Ceist:

492 Mr. Cuffe asked the Minister for Justice, Equality and Law Reform the action he will take to address the significant rise in bicycle theft; and the changes which are being put in place to tackle the issue. [30519/05]

I have been informed by the Garda authorities that a detective superintendent in the Dublin metropolitan region was tasked with examining the situation with regard to thefts of pedal cycles with a view to putting in place structured arrangements for the investigations of possible organised bicycle thefts.

I am further informed that local Garda management is deploying adequate resources to areas of high prevalence of this type of crime. In addition, crime prevention officers are being utilised to advise the public on necessary crime prevention measures in order to reduce the number of these incidents.

Garda Operations.

Finian McGrath

Ceist:

493 Mr. F. McGrath asked the Minister for Justice, Equality and Law Reform if he will work with the Garda on a major anti-social behaviour problem near an estate (details supplied) in Dublin 5. [30520/05]

I am informed by the Garda authorities that gardaí based at Raheny Garda station have policing responsibility for the Dublin 5 area. The personnel strength of Raheny Garda station on 24 October 2005 was 60, all ranks. Additional supporting patrols are provided by divisional units and the detective branch. There are also community police assigned to these areas which have an excellent rapport with the local community.

I am further informed that current policing plans in the area referred to by the Deputy are predicated on the prevention of anti-social and public order offences, the prevention of crime including crimes of violence against persons and property and the maintenance of an environment conducive to the improvement of quality of life of the residents. Garda patrols are directed to pay particular attention to areas where youths tend to congregate. This strategy is and will continue to be central to the delivery of a policing service to the area in question.

Departmental Expenditure.

John Deasy

Ceist:

494 Mr. Deasy asked the Minister for Justice, Equality and Law Reform the amount which has been spent by his Department in bringing into effect the provisions of the Official Languages Act 2003. [30534/05]

The costs of implementing the provisions of the Official Languages Act 2003 are met from my Department's administrative budget and cannot readily be distinguished from the cost of providing services generally.

Sexual Offences.

Cecilia Keaveney

Ceist:

495 Cecilia Keaveney asked the Minister for Justice, Equality and Law Reform the position with regard to having a sex offenders register that covers the island of Ireland. [30545/05]

I have been informed by the Garda authorities that the Sex Offenders Act 2001 does not create a sex offenders register nor is the term "register" mentioned or used in the legislation. The Act requires persons to be subject to notification requirements under Part 2 of the Sex Offenders Act 2001. The Garda Síochána has responsibility for enforcement of the Sex Offenders Act 2001.

In the context of the Good Friday Agreement and the subsequent criminal justice review of Northern Ireland, an intergovernmental agreement on North-South co-operation on criminal justice matters was signed on behalf of the British and Irish Governments at Stormont Castle in July 2005. One of the items included in the work programme for the first year is the establishment of a working group to review the arrangements for exchanging information on registered sex offenders. The first meeting of the working group of officials to implement the agreement will take place in Dublin in November and it is expected that a working group on exchanging information on registered sex offenders will be established at that meeting. I am further informed that the Garda Síochána has a good working relationship with the PSNI and regularly exchanges intelligence and information on convicted sex offenders.

Legislative Programme.

Ciarán Cuffe

Ceist:

496 Mr. Cuffe asked the Minister for Justice, Equality and Law Reform the sections of the Children Act 2001 that have been brought into force and his timetable for the introduction of the remaining sections. [30600/05]

The Deputy will appreciate that the Children Act 2001 is complex and comprehensive legislation and, for those reasons, provisions under the Act are being implemented on a phased basis, as was envisaged at the time of enactment. Responsibility for implementing the Children Act 2001 lies with the Departments of Justice, Equality and Law Reform and Education and Science in respect of the juvenile offenders and the Department of Health and Children in respect of children who are not offending but are out of control.

The first commencement order under the Act in respect of my Department was signed by my predecessor on 23 April 2002. The order brought into operation on 1 May 2002 several sections of the Act with reference to particular purposes or provisions as well as the following Parts and sections in full: Part IV, diversion programmes including the Garda restorative justice provisions; most of Part VI, treatment of child suspects in Garda stations; Part VII, Children's Court; and Part XII, child protection measures. Among the other provisions which were brought into operation on 1 May 2002 were the payment of compensation by parents in respect of offences committed by their children, section 113 of the Act; a court order which would require parents to exercise proper and adequate control over their children, section 114 of the Act; and a restriction on movement order. I signed the second commencement order under the Act on 29 July 2004. This order brought into operation the remaining restorative justice provisions of sections 78 to 87 of the Act.

A pilot mentor project has commenced in the north Dublin area. The programme will serve as a model for the development of the mentor — family support — order. A pilot parental supervision programme has also commenced. Other provisions under the Act require capital investment prior to commencement for buildings, equipment and expanding programmes. Work is already under way on certain provisions.

A new probation office which is due to open in Cork very shortly will have provision for meeting the requirements of the day centre order, Part IX, sections 118 to 123. The development of a similar provision for the Tallaght area has been incorporated into plans for the new Tallaght probation and welfare service office which is expected to be completed in 2006.

With regard to the probation — training or activities programme — order, Part IX, section 124, the probation and welfare service has identified programmes already being funded through the service that meet the service requirements under this sanction. In addition, the service is also working toward the development of additional facilities suitable for use.

With regard to the probation — intensive supervision — order, Part IX, section 125, preliminary meetings have taken place to explore the feasibility of establishing two pilot intensive supervision programmes in Cork and Dublin utilising existing intensive probation supervision projects. Preparatory work is ongoing in this regard.

In terms of the probation — residential supervision — order, Part IX, sections 126 and 127, a document has been prepared outlining standards for probation and welfare service funded hostels. In preparation for meeting these standards, staff of hostels will require training and development. Work is under way to identify suitable training which will meet these needs and training will be organised for staff over the coming months. Inspection of the hostels in accordance with Section 126(4) of the Act has commenced. In addition, Cork probation hostel has been extended and refurbished to meet the required standards and this hostel is expected to reopen very shortly.

The suitable person — care and supervision — order, Part IX, sections 129 and 130, will require the same rigorous recruitment, screening and training elements as outlined in the standards on practices and procedures in foster care. Suitable persons will have to be recruited and trained. Work on implementation of this order is expected to commence early next year. The dual order, Part IX, sections 137 to 139, sanction will be developed on a phased basis as day centres become available.

Under the Children Act, I, as Minister for Justice, Equality and Law Reform will be obliged to provide separate detention facilities for 16 and 17 year old boys and girls who are committed to custody by the courts on remand or under sentence. The primary objective of these detention centres will be to provide a secure but supportive environment in which young offenders can develop the personal and social skills necessary to avoid future offending. The Minister of State at my Department, Deputy Brian Lenihan, who has responsibility for children, is examining the outcome of a recent review in my Department of the scope for rationalising and restructuring the delivery of the State's services in the area of youth justice in accordance with the Children Act 2001. The intention is to bring proposals arising from this examination to Government in the very near future, including proposals in the area of detention.

Deportation Orders.

Ciarán Cuffe

Ceist:

497 Mr. Cuffe asked the Minister for Justice, Equality and Law Reform the number of persons who have been extradited or deported to Iran in recent years; if, in view of a recent report that two gay teens were hanged after being found guilty of homosexuality in that country, sufficient safeguards will be put in place to prevent persons here from being put at risk by being sent against their will to Iran. [30601/05]

In considering a case for deportation, I must have regard, inter alia, to section 5 of the Refugee Act 1996, prohibition of refoulement. This means that a person shall not be expelled from the State or returned in any manner whatsoever to a State where, in my opinion, the life or freedom of that person would be threatened on account of his or her race, religion, nationality, membership of a particular social group or political opinion. My Department uses extensive country of origin information drawn from different independent sources, including the UNHCR, when evaluating the safety of making returns to third countries. Only one person has been deported to Iran since the commencement of the Immigration Act 1999. The deportation took place on 6 June 2002. No persons have been extradited to Iran from Ireland and no extradition arrangement is in existence between the two countries.

Crime Prevention.

Ciarán Cuffe

Ceist:

498 Mr. Cuffe asked the Minister for Justice, Equality and Law Reform the reason for the delays in the provision of bicycles, training, and consequent deployment of Garda mountain bike units in the Dún Laoghaire-Rathdown County Council area. [30602/05]

I have been informed by the Garda authorities, who are responsible for the detailed allocation of resources including personnel, that six mountain bikes are allocated within the Dún Laoghaire-Rathdown County Council area and three sergeants and 12 gardaí are trained and equipped to use them.

Mountain bike units are engaged in mainstream policing in conjunction with the community policing units, concentrate on areas, such as parks and laneways which are more easily accessed by such transport and supplement beat and other mobile patrols within the council area. The mountain bike units have been very successful in tackling anti-socia and disorderly behaviour in local parks and estates and work well in conjunction with other units. Overall, the units have proven to be very successful owing to their ability to respond quickly and effectively and capacity to provide a high visibility presence. Mountain bike units have made a significant and positive contribution to a proactive approach in tackling crime. Garda management have received very positive feedback from the community on the work of these units.

Local management is very satisfied with the current allocation and deployment of these units and no delays have been experienced in the training of personnel or the provision of bicycles or equipment. Bicycles for the Garda mountain bike units are held in stock and are issued once the relevant training is completed.

With regard to Garda resources generally, the accelerated recruitment campaign to reach a record force strength of 14,000, in line with the commitment in An Agreed Programme for Government, is fully on target. This will lead to a combined strength of attested gardaí and recruits in training of 14,000 by the end of 2006. The Garda Commissioner will draw up plans on how best to distribute and manage these additional resources and the needs of the Dún Laoghaire-Rathdown County Council area will be fully considered within the overall context of the needs of Garda areas throughout the country.

Garda Code.

Ciarán Cuffe

Ceist:

499 Mr. Cuffe asked the Minister for Justice, Equality and Law Reform if he has satisfied himself that the Garda code is compatible with the European Convention on Human Rights and, if not, his plans to review the code to ensure that it is compatible with modern policing practice. [30603/05]

The Garda Síochána code covers all areas of Garda duties including operational, security and administrative duties. All members of the Garda Síochána are issued with a personal copy of the code which is retained by the member for the duration of his or her service.

In accordance with section 3 of the European Convention on Human Rights Act 2003, every organ of the State is obliged to perform its functions in a manner compatible with the State's obligations under the European Convention on Human Rights. The Garda code is kept under review by the Garda authorities with a view to ensuring that it is compliant with the evolving jurisprudence of the European Convention on Human Rights. The Garda Síochána circulates guidelines and directives to take account of legislative changes and judicial decisions as they arise.

Garda Investigations.

Ciarán Cuffe

Ceist:

500 Mr. Cuffe asked the Minister for Justice, Equality and Law Reform if he has received any report into the shooting dead of persons (details supplied) and his plans to publish a report or to commission an independent inquiry into the incident. [30604/05]

I am informed by the Garda Authorities that the Commissioner appointed a chief superintendent to examine the circumstances surrounding the incident referred to in the Deputy's question. The report of the examination has been submitted to the Law Offices for consideration. In the circumstances it would not be appropriate for me to comment further at this time.

Garda Strength.

Ciarán Cuffe

Ceist:

501 Mr. Cuffe asked the Minister for Justice, Equality and Law Reform the number of gardaí in service at the end of each of the past ten years and his estimate of the number of gardaí that will be in service on 31 December 2005. [30605/05]

I am informed by the Garda authorities, who are responsible for the detailed allocation of resources including personnel, that the number of gardaí that were in service, all ranks, at the end of each of the past ten years was as set out in the following table. The estimated number of gardaí, all ranks, that will be in service on 31 December 2005 is also set out.

Years

Numbers

1995

10,825

1996

10,818

1997

10,968

1998

11,235

1999

11,458

2000

11,640

2001

11,815

2002

11,895

2003

12,017

2004

12,209

31 December 2005

12,256

In terms of Garda resources generally, the accelerated recruitment campaign to reach a record force strength of 14,000, in line with the commitment in An Agreed Programme for Government, is fully on target. This will lead to a combined strength of attested gardaí and recruits in training of 14,000 by the end of 2006. The Garda Commissioner will draw up plans on how best to distribute and manage these additional resources and in this context the overall needs of the Garda Síochána will be fully considered.

Proposed Legislation.

Ciarán Cuffe

Ceist:

502 Mr. Cuffe asked the Minister for Justice, Equality and Law Reform his views on whether his proposals to reduce the age of criminal responsibility to ten years of age is compatible with the various international agreements to which Ireland is a party; and if he will make a statement on the matter. [30606/05]0

The Children Act 2001 proposed to raise the age of criminal responsibility from seven years to 12 years. In retrospect, such a raising of the age by five years in one go may have been overly ambitious. Accordingly, the Minister of State in my Department, Deputy Brian Lenihan, who has responsibility for children, is preparing proposals for submission to Government which will include a realistic raising of the age of criminal responsibility to ten to bring the age into line with many other common law jurisdictions.

Garda Equipment.

Jim O'Keeffe

Ceist:

503 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the position with regard to anti-stab vests being individually available to members of the Garda Síochána; and if the New York Police Benevolent Association will provide second-hand vests to members of the Garda Síochána in view of the continuing need for the adequate supply for such equipment here. [30618/05]

I am informed by the Garda authorities, who are responsible for the detailed allocation of resources including personnel, that a modern lightweight technical vest with anti-stab and anti-ballistic properties has been sourced and procured. I am further informed that it is envisaged that this particular vest will be piloted in an operational Garda district in the very near future. Garda management states that from a health and safety point of view, it would be totally inappropriate to issue second-hand vests to members and, accordingly, it is not proposed to provide such vests to members of the Garda Síochána.

Fireworks Regulation.

Jim O'Keeffe

Ceist:

504 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the number of fireworks importation licences granted over the past ten years and to date in 2005. [30619/05]

Fireworks are deemed to be explosives under the provisions of the Explosives Act 1875. They may be imported into the State only under an importation licence granted by my Department. It is a long-standing policy that these licences are granted only for organised displays conducted by professional and experienced operators and in accordance with agreed safety procedures. The number of importation licences for fireworks granted by my Department in the ten-year period from 1996 to 2005 is set out as follows:

Year

Number of Importation Licences

2005 (to date)

319

2004

356

2003

312

2002

246

2001

176

2000

192

1999

143

1998

143

1997

92

1996

91

Citizenship Applications.

Bernard J. Durkan

Ceist:

505 Mr. Durkan asked the Minister for Justice, Equality and Law Reform if he will review his decision in respect of residency and citizenship in the case of a person (details supplied) in County Kildare; his views on the need to deal sympathetically with such an application; and if he will make a statement on the matter. [30620/05]

The immigration division of my Department has recently been in correspondence with the person concerned requesting documentation in support of her application for residency. On receipt of all the documentation requested, a decision will be made on the case.

An application for a certificate of naturalisation was received from the person referred to by the Deputy in August 2002. The application was submitted to me for a decision in November 2004 and I decided not to grant a certificate of naturalisation in that instance. In arriving at my decision, I took account of all the information and documentation submitted by the applicant.

The applicant was informed of my decision in writing on 3 December 2004 and a copy of my officials' submission, with my decision annotated thereon, was made available to her. The Irish Nationality and Citizenship Act does not provide for a process of review of my determination of an application for naturalisation.

John McGuinness

Ceist:

506 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform the status of an application to remain in the State on the basis of an Irish-born child in the names of persons (details supplied) in Dublin 8; the timeframe for a decision; and if the application will be expedited. [30668/05]

I am pleased to advise the Deputy that the persons concerned have been granted temporary permission to remain in the State for an initial period of two years, effective from 14 October 2005 in respect of the first named person and effective from 21 October 2005 in respect of the second named person. Some 18,000 applications for permission to remain were received under the revised arrangements and more than 15,000 have been processed to date.

Public Order Offences.

Enda Kenny

Ceist:

507 Mr. Kenny asked the Minister for Justice, Equality and Law Reform his views on incidents of public order offences in Kiltimagh, Charlestown and Ballyhaunis, County Mayo between 15 and 16 October 2005; the number of Garda personnel available to deal with such incidents; the number of arrests that were made; if a single squad car has to cover these towns at the weekends; the way in which he proposes to deal with this situation; and if he will make a statement on the matter. [30669/05]

I am informed by the Garda authorities that between 2.30 a.m and 3.30 a.m. on 16 October 2005 five different incidents were reported to gardaí in Swinford Garda district. Three of these incidents were public order disturbances at Charlestown, Kiltimagh and Swinford. The other incidents concerned the sexual assault of a female in Kiltimagh and a wandering horse on a public road. The occurrence of the public order incidents were unique in that they happened almost simultaneously. Each reported incident was attended to by members of the Garda Síochána and Garda management is satisfied that there were sufficient resources available to deal with all incidents. I am further informed that the incidents are being thoroughly investigated with a view to preparing an investigation file for submission to the Director of Public Prosecutions for direction.

Garda Transport.

Enda Kenny

Ceist:

508 Mr. Kenny asked the Minister for Justice, Equality and Law Reform the number of squad cars available in each Garda district in County Mayo; the extent of ability to cover each district sufficiently with this level of service; if he is himself with the current situation; his proposals to improve the situation; and if he will make a statement on the matter. [30670/05]

I have been informed by the Garda authorities, who are responsible for the detailed allocation of resources, including personnel, that the current number of squad cars available in each Garda district in County Mayo is as set out in the following table:

District

Number

Ballina

7

Belmullet

4

Castlebar

9

Claremorris

5

Swinford

7

Westport

5

Total

37

Transport resources are allocated by Garda management in a way that best meets operational requirements and the maintenance of law and order. The allocation of transport resources within Garda divisions is kept under constant review and additional resources are allocated to divisions to meet their policing needs as appropriate. Garda management states that the number of patrol cars allocated to Mayo Garda division is adequate to provide an efficient police service at this present time.

In relation to Garda resources generally, the accelerated recruitment campaign to reach a record force strength of 14,000, in line with the commitment in An Agreed Programme for Government, is fully on target. This will lead to a combined strength, of both attested gardaí and recruits in training, of 14,000 by the end of 2006. The Garda Commissioner will now be drawing up plans on how best to distribute and manage these additional resources and in this context the needs of the Mayo division will be fully considered within the overall context of the needs of Garda divisions throughout the country.

Citizenship Applications.

Caoimhghín Ó Caoláin

Ceist:

509 Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform the number of applications per year that have been filed in the past five years for residency based upon marriage to an Irish citizen; the number per year that have been granted; and the number per year that have been denied on the basis that the marriage is fraudulent. [30671/05]

The number of applications received, granted and refused in the past five years for residency based on marriage to an Irish national are set out in the table below. There are no separate figures kept on the number of applications that have been denied on the basis that the marriage is fraudulent. It should also be noted that a total of 99 applications have also been abandoned for various different reasons during the period in question.

Year

Received

Granted

Refused

2001

156

129

1

2002

191

109

24

2003

271

181

56

2004

326

255

37

2005 To end of Sept

198

140

31

Michael Moynihan

Ceist:

510 Mr. M. Moynihan asked the Minister for Justice, Equality and Law Reform when a certificate of Irish citizenship will issue to a person (details supplied). [30673/05]

I am pleased to inform the Deputy that a formal certificate confirming the Irish citizenship of the person concerned issued to him by registered post on 20 October 2005.

Garda Stations.

Emmet Stagg

Ceist:

511 Mr. Stagg asked the Minister for Justice, Equality and Law Reform if he has sanctioned the revised sketch scheme for the new Leixlip Garda station, Leixlip, County Kildare; and if he will make a statement on the matter. [30732/05]

I refer the Deputy to my reply to Question No. 1067 of Wednesday, 28 September 2005. The current position is as set out in that reply.

Irish Prison Service.

David Stanton

Ceist:

512 Mr. Stanton asked the Minister for Justice, Equality and Law Reform if a facility exists in the Prison Service for officers who sustain very minor injuries during the course of their work to transfer to light duties until they make a full recovery; the number of prison officers injured during the course of their work in 2001, 2002, 2003 and 2004; and if he will make a statement on the matter. [30735/05]

The existing arrangements applying to civil servants assaulted in the course of, or in connection with, carrying out their official duties are contained in Department of Finance circular 5/1986. These arrangements do not provide for assignment or transfer of staff to light duties pending their recovery from injury.

The Prison Service has, however, developed a critical incident protocol which seeks to ensure that any employee who has been exposed to assault, trauma, injury or fatality in the course of duty, receives appropriate and timely support. Under this protocol, a staff support officer should, in advance of a return to duty, establish if any short-term adjustments to duties are considered necessary for the employee involved and these should be communicated to the governor. Governors usually respond sympathetically and supportively to such requests. Each case is assessed individually, however, and the ability of governors to respond positively depends on the operational requirements existing at the time.

The numbers of prison officers injured on duty in 2001, 2002, 2003 and 2004 are 24, 52, 81 and 61, respectively. These figures are subject to ongoing revision, however, as injury-on-duty reports are submitted.

Multi-Denominational Schools.

Willie Penrose

Ceist:

513 Mr. Penrose asked the Minister for Education and Science if her attention has been drawn to the fact that Educate Together has over the past few years opened a significant number of new national schools despite a paltry level of State support; if, in this context, she will provide an additional €500,000 per annum to the organisation in order for it to meet its targets and if she will make a statement on the matter [30197/05]

Michael D. Higgins

Ceist:

514 Mr. M. Higgins asked the Minister for Education and Science the financial support provided by the State to a non-governmental organisation Educate Together; if she will continue or increase such levels of support; and her views on whether its proposal that the development of multicultural education here should become an objective of the national development plan. [30274/05]

Willie Penrose

Ceist:

533 Mr. Penrose asked the Minister for Education and Science if she will confirm that her Department has received a proposal from the board of Educate Together seeking additional funding to enable it to meet the escalating demand for its schools; if, in this context, she will ensure that an additional €500,000 per annum is made available; and if she will make a statement on the matter. [30198/05]

Michael D. Higgins

Ceist:

538 Mr. M. Higgins asked the Minister for Education and Science the financial support provided by the State to a non-governmental organisation, Educate Together; if she will continue or increase such levels of support; and her views on whether its proposal that the development of multicultural education here should become an objective of the national development plan. [30275/05]

Seán Crowe

Ceist:

559 Mr. Crowe asked the Minister for Education and Science if her attention has been drawn to the fact that unless funding is found, Educate Together will be forced to let two of its five staff go; and if she will provide the €500,000 per annum required for it to carry on at current levels. [30564/05]

I propose to take Questions Nos. 513, 514, 533, 538 and 559 together.

The level of funding that my Department provides to Educate Together as a school management body is on a par with that provided to Foras Patrúnachta na Gaelscoileanna, the Church of Ireland Board of Education, the Islamic Board of Education and the National Association of Boards of Management in Special Education. However, following discussions with Educate Together my Department has provided additional funding to it in 2005 to meet the immediate issues of concern to that body. The matter of the future funding to be provided to the primary management bodies, including Educate Together, in 2006 will be considered as part of the normal Estimates process.

In accordance with the provisions of the Education Act 1998, I, as Minister, am obliged to have regard to the need to reflect the diversity of educational services provided in the State. Applying this provision to the development of multi-denominational education, at primary level, my Department has supported the establishment of a significant number of new multi-denominational schools in recent years. Of the 24 new schools granted provisional recognition in the past three years alone, 12 are multi-denominational. At post-primary level, the requirement for multi-denominational education is met by the State sector through non-designated vocational education committee schools.

To underpin the establishment of new schools, my Department has made a number of changes in recent years which have assisted patron bodies in the provision of accommodation. One of these changes, which was strongly welcomed by the patron body for multi-denominational schools, was the abolition of the local contribution to the building costs for State-owned school buildings which had cost up to €63,000 per school. Other innovations include the development of the design and build model to provide permanent accommodation much more quickly — such as in the case of the new multi-denominational school in Griffeen Valley, Lucan, which was designed and built in less than 13 months.

Many multi-denominational primary schools are established in areas of rapidly expanding population growth. School building projects in these areas are assigned a band one rating under the published prioritisation criteria for large- scale building projects. This is the highest band rating possible which results in the delivery of permanent accommodation in the shortest timeframe achievable.

These measures are a strong indication of my Department's commitment to supporting an educational diversity agenda, including multi-denominational education provision. It will continue to do so as part of its own statutory obligations and in the context of the national development plan which is structured to support the development of all educational sectors regardless of ethos.

Departmental Properties.

Ciarán Cuffe

Ceist:

515 Mr. Cuffe asked the Minister for Education and Science if a protected structure (details supplied) in Dublin 1 formed part of the Government settlement with the religious orders and the premises which will be used in the future. [30599/05]

Number 23 Parnell Square, Dublin 1 — Coláiste Mhuire — was included as a property contribution under the terms of the indemnity agreement with the religious congregations dated 5 June 2002 as the Office of Public Works confirmed to my Department that it was prepared to accept title to the property.

In accepting this property the State will own numbers 22 to 28 Parnell Square. The Office of Public Works is examining proposals for the future use of these buildings.

Special Educational Needs.

Catherine Murphy

Ceist:

516 Ms C. Murphy asked the Minister for Education and Science the court actions her department has been involved in during 2003, 2004 and to date in 2005 that related to the provision of school places for students with special needs and the provision of resources for students with special needs; the number of these which pertained to secondary school places and resources; the number of these which pertained to primary school places and resources; and if she will make a statement on the matter. [30764/05]

The number of court actions initiated against the Minister for Education and Science regarding the provision of primary and post-primary school places and resources for students with special needs in the years referred to by the Deputy is as follows: in 2003, 14 primary and three post-primary, in 2004, 15 primary and two post-primary; and 2005 to date, five primary and one post-primary.

As the Deputy was previously advised, enormous progress has been made over recent years in relation to increasing the number of teachers and other supports in our schools which are specifically dedicated to providing education for children with special educational needs. At primary level there are now approximately 5,000 teachers in our schools working directly with children with special needs, including those requiring learning support. This compares with fewer than 1,500 in 1998. One out of every five primary school teachers is now working specifically with children with special needs. At second level, there are approximately 1,600 whole-time equivalent resource teachers in place to support pupils with special educational needs. This compares with approximately 200 teachers who were in place in the 1997-98 school year for such pupils. Furthermore, there are approximately 6,300 whole-time equivalent special needs assistants, SNAs, in our primary and second level schools supporting children with special needs.

In addition to the issue of resources at school level, the National Council for Special Education has also been established. This council has approximately 100 staff, the great majority of whom are special educational needs organisers, SENOs, who are locally based throughout the country. The role of the SENOs is to ensure that all special educational needs in their areas are addressed in an effective manner. In particular, the SENOs are a focal point of contact for parents-guardians and schools, and process applications for resources for children with special educational needs. I am satisfied that the establishment of the council and the work of the SENOs is transforming the delivery of special educational services in this country.

Furthermore, the Education for Persons with Special Educational Needs Act was enacted in 2004. This Act provides a framework for future development of special educational needs services and provides a legislative basis for assessment, for individual educational plans and for the delivery of services on foot of those plans. It also ensures that parents have a right to be consulted and kept fully informed at all stages of the process. The Act also contains provisions regarding rights of appeal where parents are dissatisfied with decisions concerning the education of their children. I am satisfied that this Act provides a very comprehensive approach to the future delivery of services.

I am confident that as a State we have faced up to the issue of providing appropriate educational provision for all children with special needs and that much work has been done to ensure that the necessary resources and structures are in place. I can confirm that I will continue to prioritise the issue of special needs education and, in co-operation with the National Council for Special Education, ensure that all children with special needs are adequately resourced to enable them to meet their full potential.

Departmental Agencies.

Olwyn Enright

Ceist:

517 Ms Enright asked the Minister for Education and Science when the National Adult Learning Council issued its last report; the number of board members of the council; the number of staff employed by the council; the level of funding allocated to the council since it was established on an annual basis; and if she will make a statement on the matter. [30061/05]

Olwyn Enright

Ceist:

530 Ms Enright asked the Minister for Education and Science when the National Adult Learning Council issued its last report; the number of board members of the council; the number of staff employed by the council; the level of funding allocated to the council since it was established, on an annual basis; and if she will make a statement on the matter. [30187/05]

I propose to take Questions Nos. 517 and 530 together.

The National Adult Learning Council was established on an ad hoc basis in March 2002. After the establishment of the ad hoc council, concerns emerged that its functions were too wide-ranging and not sufficiently focused. Additionally, a number of developments had occurred which would impact on the work of the council, including the establishment of the National Qualifications Authority of Ireland and the Further and Higher Education Awards Councils. Accordingly, the Department undertook a strategic review of the role and functions of the council to address these concerns. The results of this review are being considered with a view to determining the most appropriate approach for the future.

The ad hoc council has a membership of 25, and published an annual report in August 2003. The NALC expenditure to date is €25,707 in 2002 and €59,490 in 2003.

Physical Education Facilities.

Tom Hayes

Ceist:

518 Mr. Hayes asked the Minister for Education and Science the position regarding an application for the provision of a sports hall at a school (details supplied) in County Tipperary. [30062/05]

An application for a PE hall at the school to which the Deputy refers has been assessed in accordance with the published prioritisation criteria for large-scale building projects. The project has been assigned a band four rating and its progress will be considered in the context of the school building and modernisation programme from 2006 onwards.

Schools Building Projects.

Noel Grealish

Ceist:

519 Mr. Grealish asked the Minister for Education and Science the position regarding a school (details supplied) in County Galway; when construction of this new school will proceed; and if she will make a statement on the matter. [30063/05]

The new school building project for the school referred to by the Deputy is at an early stage of architectural planning.

My Department's planning section recently reviewed the long-term staffing requirements for the school and as a result has increased the brief from a new 12 classroom school to a new 16 classroom school. A site visit will be arranged shortly to determine the best way to meet the revised brief and further progression of the project through the design process can then be made. Progression of projects to construction will be considered in the context of the school building and modernisation programme 2005 to 2009.

Institutes of Technology.

Brian O'Shea

Ceist:

520 Mr. O’Shea asked the Minister for Education and Science if she will review the need for university status for Waterford Institute of Technology (details supplied); and if she will make a statement on the matter. [30084/05]

The OECD's review of higher education in Ireland published in 2004 has been accepted by the Government as the guide to future policy on third level. The Deputy will be aware that the review recommends that the differentiation of mission between the university and institute of technology sectors be maintained and that for the foreseeable future, there should be no institutional transfers to the university sector.

I accept this recommendation and have no plans to review the status of any institute of technology. In the event that any institute of technology were to apply for university status, the application would be processed in accordance with section 9 of the Universities Act 1997.

School Transport.

John McGuinness

Ceist:

521 Mr. McGuinness asked the Minister for Education and Science the cost to the Government of the school transport system; the method of payment to Bus Éireann; the way in which the service and customer satisfaction is monitored; if she is satisfied with the deal between Bus Éireann and the private contractors and the way in which they are paid; if there is a tender process each year; and if she will make a statement on the matter. [30085/05]

The allocation for school transport in 2005 is €116.533 million. Additional funding is being provided to increase capacity on school transport services to provide one-for-one seating and seat belt equipped buses. While it is not possible at this stage to give exact figures, the total spend on school transport services in 2005 is likely to exceed €120 million. The acquisition of additional buses with seat belts and the fitment of seat belts to existing buses will result in additional and recurring costs from 2006. Bus Éireann is paid monthly on the basis of monthly accounts submitted to my Department.

The Bus Éireann network of school transport offices means they can be conveniently accessed by the public and they are in regular contact with the various transport liaison officers throughout the country. Bus Éireann representatives routinely attend meetings with the public and public representatives, when requested, to ensure that customer satisfaction is maintained. Bus Éireann also operates a lo-call information line on behalf of my Department to handle any school transport related queries from members of the public.

Essential tailor-made systems and procedures have been put in place over time to ensure that school transport services are administered and delivered in a consistently efficient and economic fashion, and to the highest standards. Bus Éireann negotiates with contractors annually.

School Staffing.

Finian McGrath

Ceist:

522 Mr. F. McGrath asked the Minister for Education and Science if she will re-examine the loss of a teacher at a school (details supplied) in Dublin 9; and if she will make a statement on the matter. [30086/05]

The mainstream staffing of a primary school is determined by reference to the enrolment of the school on 30 September of the previous school year. This is in accordance with guidelines agreed between my Department and the education partners. The staffing schedule is outlined in a circular which is issued annually to all primary schools.

In the current school year the staffing of the school referred to by the Deputy comprises a principal and 11 mainstream class teaching posts. This is based on an enrolment of 311 pupils at 30 September 2004. The school also has two permanent learning support-resource teaching posts and one temporary learning support-resource teaching post.

To ensure openness and transparency in the system an independent appeals board is now in place to decide on any appeals. The criteria under which an appeal can be made are set out in Department Primary Circular 19/02. The staffing of the school for the 2005-06 school year was considered by the appeals board on 21 July 2005. The appeals board did not uphold the appeal and the board of management was notified accordingly. I am sure the Deputy will appreciate that it would not be appropriate for me to intervene in the operation of the independent appeals board.

School Closures.

Pat Carey

Ceist:

523 Mr. Carey asked the Minister for Education and Science, further to Question No. 787 of 14 June 2005, if she has initiated discussion with the trustees of a school (details supplied) with a view to discharging the leasehold on the property; and if she will make a statement on the matter. [30132/05]

A decision was taken by the trustees of the school to which the Deputy refers that it will close in June 2007. Officials in the school planning section of my Department are reviewing the educational infrastructure in the area and the educational requirements for the medium to long term. When this review is completed a decision will be taken on the discharge of the leasehold interest in this property.

Schools Amalgamation.

Paul Kehoe

Ceist:

524 Mr. Kehoe asked the Minister for Education and Science the timeframe for the amalgamation of the primary school sector in New Ross, in the context of the general agreement locally that she has acknowledged in her reply to Questions Nos. 394 and 395 of 11 October 2005; and if she will make a statement on the matter. [30134/05]

Paul Kehoe

Ceist:

525 Mr. Kehoe asked the Minister for Education and Science the timeframe for rationalisation of the primary school sector in New Ross, from consideration of architectural assessments to inclusion in the school building programme; when work will commence; and if she will make a statement on the matter. [30135/05]

I propose to take Questions Nos. 524 and 525 together.

As stated in my reply to the parliamentary questions to which the Deputy refers, architectural assessments have recently been carried out on all four primary schools to determine which, if any, would be suitable to act as hosts for the proposed rationalisation at primary level in New Ross. These assessments will enable my Department to take a view on how infrastructure can be developed to facilitate its proposals. In addition, the local authority has agreed to provide my Department with updated demographics on the area so that an informed decision can be taken on school sizes. When these matters have been resolved, my Department will move to address the issue of enrolment polices for the proposed school reconfiguration. It is not possible to be prescriptive in terms of a timeframe to finalise these matters. However, when they have been finalised, any required building works to give effect to the rationalisation will be considered for inclusion in the school building and modernisation programme. Any such projects will attract a high priority band 1.4 rating, which applies to projects to facilitate amalgamations.

School Closures.

Michael Ring

Ceist:

526 Mr. Ring asked the Minister for Education and Science the reason a school (details supplied) in County Mayo will be closed down due to the fact that their roll numbers have not fallen below eight units for two consecutive years; if she will confirm that the ruling applies for two consecutive years; the reason the school being closed after only one year of roll number falling below eight units. [30141/05]

The future viability of the school referred to by the Deputy is a matter of concern to my Department in view of the low and declining enrolment. The school authorities have been issued notification, in accordance with section 11 of the Education Act 1998, that it is proposed to withdraw recognition from the school. My officials are in contact with the school authority on this matter.

Special Educational Needs.

Richard Bruton

Ceist:

527 Mr. Bruton asked the Minister for Education and Science the number of children being taught in each high support unit around the country since 1998 to date; the number of children that can be catered for in each unit since 1998; the ratio of teachers to pupils since 1998; the average cost of running each unit each year since 1998; and the capital investment involved in each unit. [30147/05]

The information sought by the Deputy is being collated by officials in my Department and it will be forwarded directly to him as soon as possible.

Consultancy Contracts.

Richard Bruton

Ceist:

528 Mr. Bruton asked the Minister for Education and Science the guidelines in place for the commissioning of outside expertise in the consultancy and public relations fields; and if ministerial approval is required for approval of expenditure on such commissions. [30164/05]

Officials in my Department are guided by the Department of Finance 1999 Guidelines on Engaging Consultants in the Civil Service when commissioning outside consultants for specific projects. These guidelines have been reviewed and augmented in the light of the Quigley report recommendations. In addition, the Government has recently decided that Secretaries General-Accounting Officers will be required to certify compliance with the terms of the guidelines in respect of major projects.

While there is no requirement for ministerial approval in respect of specific projects, I will review the financial provisions for consultancy in the context of the formulation of the 2006 Estimates and I will satisfy myself that the guidelines are being applied in my Department and that proposed expenditure is necessary.

As the Deputy will be aware, consultancy projects, as with all other aspects of voted Government expenditure, are open to audit by the Office of the Comptroller and Auditor General.

Richard Bruton

Ceist:

529 Mr. Bruton asked the Minister for Education and Science the percentage of reports, consultancies and cases from external commissions where the issue of poor value for money was highlighted, in her Department from 1998 to date in 2005. [30179/05]

The process for the engagement of consultants by Departments generally is regulated by guidelines issued by the Department of Finance. This document covers all elements from the establishment of need, through the procurement process to the monitoring of the project. The need to ensure value for money is paramount in the entire process.

Question No. 530 answered with QuestionNo. 517.

Inquiry into Child Abuse.

Mary Upton

Ceist:

531 Dr. Upton asked the Minister for Education and Science if her attention has been drawn to the statement which was made to the child abuse commission in July 2004 on behalf of the De La Salle Order; if she will confirm that a complaint was made in 1992 regarding physical abuse in a school (details supplied) in Dublin 11; the date on which her attention was drawn to the complaint; and if she will make a statement on the matter. [30188/05]

I confirm that in 2004 the Commission to Inquire into Child Abuse held a series of public hearings into the emergence of child abuse in Ireland and that evidence was given by a representative of the De La Salle Order to the investigation committee at these public hearings on 14 July 2004 in which reference was made to allegations of abuse in the school mentioned by the Deputy in 1991, 1994 and 1995.

It has not been possible to identify a specific complaint in 1992 as referred to in the question, on the basis of the information supplied by the Deputy. However, I confirm that all relevant documentation held by my Department in relation to the sexual, physical, and emotional abuse or neglect of children in industrial and reformatory schools, including St. Laurence's school, Finglas, was forwarded to the Commission to Inquire into Child Abuse in compliance with a discovery order from the commission in June 2003.

Mary Upton

Ceist:

532 Dr. Upton asked the Minister for Education and Science if the Cabinet sub-committee which was established in 1998 to deal with the abuse of children in care was made aware of instances where persons expressed concerns to Government Departments regarding the welfare of children in institutions; the number of such cases which were brought to the attention of the Cabinet sub-committee; the dates on which the concerns were expressed and the Government Department to which they were addressed, in each case; and if she will make a statement on the matter. [30189/05]

In March 1998 the Government decided there was a need for a formal and comprehensive response to people who were abused as children while in institutional care. Arising from this the Government established a Cabinet sub-committee to advise the Government on measures it should introduce to fully address the matter. The Cabinet sub-committee considered best international practice and a range of different aspects to past and present instances of abuse. The committee brought forward a range of recommendations to address the concerns of victims. The recommendations were endorsed by the Government on 11 May 1999.

One of the recommendations of the committee was that the Government should establish a Commission to Inquire into Child Abuse to provide victims of abuse an opportunity to recount their experience and have their allegations investigated. The commission was established shortly after the committee reported to the Government. All relevant documentation held by my Department in relation to the sexual, physical, and emotional abuse or neglect of children in the industrial and reformatory schools was forwarded to the commission in compliance with a discovery order from the commission in June 2003.

I understand that the focus of the Cabinet sub-committee was on general policy issues rather than individual complaints or allegations and I am not aware of any specific instances of concerns raised being brought to the attention of the Cabinet sub-committee.

Question No. 533 answered with QuestionNo. 513.

Higher Education Grants.

Billy Timmins

Ceist:

534 Mr. Timmins asked the Minister for Education and Science the position in relation to a third level grant applicant who had a change of circumstances since 2004; if the applicant is working part-time and their parents are also working part-time the documentation which is required for the application; the details on which the application is assessed on; the income limits for a grant in 2005; and if she will make a statement on the matter. [30233/05]

Under the terms of the higher education grants scheme which is administered by the local authorities, on behalf of my Department, the position is that generally, students who are entering approved courses for the first time are eligible for grants where they satisfy the relevant conditions as to residence, means, nationality and previous academic attainment. There are similar provisions in the other third level maintenance grant schemes administered by the VECs, namely, the vocational education committees' scholarship scheme and the third level maintenance grants scheme for trainees.

The candidate's reckonable income for the purposes of the means test is his or her gross income from all sources and the gross income of his or her parents or guardians, where applicable, with certain specified social welfare and health board payments being exempt. Grant assistance may not be awarded in any case where the reckonable income exceeds the prescribed income limits for the award of a grant. However, the schemes contain a change in circumstances clause whereby the eligibility of a person may be assessed or reassessed by the grant awarding body, in the event of changes in circumstances relating to, inter alia, the candidate’s reckonable income, which are likely to be permanent.

Eligibility for grant aid will be based on revised income. Current income details should be supplied regarding the individuals concerned. In certain circumstances further documentation-clarification may be required by the awarding body.

The following table outlines the current 2005-06 reckonable income limits for the maintenance grants schemes.

A candidate's reckonable income shall be the income for the period 1 January 2004 to 31 December 2004.

Reckonable Income Limits for the ordinary rates of grant for the period 1 January 2004 to 31 December 2004 (the tax year 2004).

Number of Dependent Children

Full Maintenance and Full Fees

Part Maintenance (75%) and Full Fees

Part Maintenance (50%) and Full Fees

Part Maintenance (25%) and Full Fees

Part Tuition Fees (50%) only*

Less than 4

35,485

37,695

39,915

42,130

44,350

4-7

38,990

41,430

43,865

46,305

48,740

8 or more

42,335

44,980

47,625

50,265

52,910

*Full Student Service Charge is paid where income is at or below this level.

In the 2005-06 academic year where two or more children (or the candidate's parent) are pursuing a course of study listed below, the reckonable income limits may be increased by €4,295 where there are two such children, €8,590 where there are three such children and so on, by increments of €4,295:

(i) attending full-time third-level education;

(ii) attending a recognised PLC course, student nurse training or student garda training;

(iii) participation in Fáilte Ireland (formerly CERT) course of at least one years duration;

(iv) attending a full-time Teagasc course in an agricultural College;

(v) attending a recognised full-time further education course, of at least one year's duration, in Northern Ireland.

Special Rate of Maintenance Grant

For the award of a special rate of maintenance grant in respect of the 2005/06 academic year, a candidates reckonable income (for the period 1 January, 2004 to 31 December 2004, the tax year 2004) shall not exceed:—

•€15,626

•net of standard exclusions (as set out in clause 1 of this scheme)

and

•net of Child Dependant Increase (C.D.I.) paid by the Department of Social and Family Affairs

As at 31 December 2004, this reckonable income must include one of the social welfare payments listed as follows.

LIST OF ELIGIBLE PAYMENTS

1. Social Assistance Payments

Blind Person's Pension

Carer's Allowance

Deserted Wife's Allowance

Disability Allowance

Farm Assist

Lone Parent's allowance

Unemployment Assistance (where held for 391 days or more)

Old Age (Non-Contributory) Pension

One parent family payment

Orphans (Non-Contributory) Pension

Pre-retirement Allowance

Prisoner's Wife's Allowance

Widow's/Widower's (Non-Contributory) Pension.

2. Social Insurance Payments

Carer's Benefit

Deserted Wife's Benefit

Invalidity Pension

Unemployability Supplement

Occupational Injuries Death Benefit (Orphan's pension)

Occupational Injuries Death Benefit (pension for a widow or widower)

Old Age Contributory Pension

Orphan's (Contributory) Allowance

Unemployment Benefit (continuous for at least 12 months)

Widow's/Widower's (Contributory) Pension

Retirement Pension.

3. Family Income Supplement (FIS)

4. Designated Programmes

Back to Education Allowance

Back to Work Allowance (Employees)

Back to Work Enterprise Allowance

Community Employment Scheme

FÁS Training Programmes, including Apprenticeships

Job Start

Part time job incentive scheme

Vocational Training Opportunities Scheme (VTOS).

5. Others

a) In receipt of payments under the Fáilte Ireland Skills Programme equivalent to a social welfare payment;

b) In receipt of payments under the FIT (Fastrack to IT) initiative equivalent to a social welfare payment;

c) Participants on a training course approved by a Government Department, State Agency or Area Partnership and who were in receipt of an eligible payment prior to progressing to the programme;

d) Grant aided employees in social economy enterprises;

e) In receipt of payments under the Senior Traveller Training Centre programmes.

Schools Amalgamation.

Seamus Kirk

Ceist:

535 Mr. Kirk asked the Minister for Education and Science the position regarding a building project for a school (details supplied) in County Louth; and if she will make a statement on the matter. [30249/05]

The amalgamation of two national schools in Drogheda, Scoil Mhuire Fatima and St. Mary's Boys, was one of 43 projects authorised by me in March of this year to commence architectural planning. An advertisement seeking suitably qualified design team consultants was placed in the Official Journal of the European Union on 10 June. This competitive selection process will be completed shortly by the boards of management of both schools, at which point the architectural design of the new 32-classroom primary school will begin immediately.

Schools Refurbishment.

Aengus Ó Snodaigh

Ceist:

536 Aengus Ó Snodaigh asked the Minister for Education and Science when funding will be provided to allow a school (details supplied) in Dublin 12 to resurface the children’s yard. [30260/05]

The scope of works to which the Deputy refers is appropriate for consideration under the summer works scheme. While the school in question has submitted an application under the 2006 summer works scheme, it has not applied for grant aid towards the resurfacing of its yard.

All primary schools receive an annual minor works grant from my Department. Each school gets a standard rate of €3,809 together with a per pupil rate of €12.70. It is open to the school management authority to use this devolved grant for resurfacing works provided it is not required for more urgent works.

Third Level Fees.

Fergus O'Dowd

Ceist:

537 Mr. O’Dowd asked the Minister for Education and Science, further to Parliamentary Question No. 396 of 11 October 2005, the criteria required for the college in question to be approved for student support schemes; and if she will make a statement on the matter. [30261/05]

The higher education grants scheme operates under the Local Authorities (Higher Education Grants) Acts 1968 to 1992. An approved institution is defined to mean a university, college or other institution of higher education in so far as it provides a course, or courses, of not less than two years duration at undergraduate level and not less than one years duration at postgraduate level, being a course or courses of which the Minister for Education and Science approves for the time being for the purposes of the Acts.

The higher education grants scheme specifies a list of approved institutions for the purposes of the scheme. The approved institutions are mainly comprised of publicly funded third level institutions. In this regard, the college to which the Deputy refers is a private college and is not on the list of approved institutions for the purpose of the scheme.

Any general extension to the scope of the grants scheme to include private colleges such as the sound training college can be considered only in the light of available resources and in the context of competing demands and priorities within the education sector. There are no plans to extend the scope of the student support schemes to private colleges.

Question No. 538 answered with QuestionNo. 513.

Residential Institutions Redress Scheme.

Michael D. Higgins

Ceist:

539 Mr. M. Higgins asked the Minister for Education and Science if she is satisfied that the decision by the Incorporated Law Society of Ireland to issue a notice to persons applying to the Residential Institutions Redress Board referencing the society’s complaints procedure, is an adequate response to the matter of allegations of wrongdoing in connection with solicitors’ fees for work before the redress board, in terms of ensuring compensation of victims and deterrence of such future practises. [30278/05]

I welcome the steps being taken by the Law Society to investigate and deal with complaints in relation to some solicitors charging victims of abuse legal fees in respect of work carried out before the redress board. I will not be satisfied, however, as to the adequacy of the society's response in this regard until all persons who were wrongly charged fees are fully reimbursed and action is taken, including disciplinary measures where appropriate, to prevent a recurrence of this practice.

My immediate concern is that victims who were overcharged are refunded their money without delay and I understand that some people have already been refunded. There is also the wider question of maintaining public confidence in the solicitor profession and its regulation by the society. It is most important, therefore, that this issue is addressed promptly and effectively by the Law Society. On the basis of its recent statements, it appears that there is a clear determination by the society to do so. If not, it will be necessary for the Government to consider what legislative changes are required in ensuring full reimbursement of victims and effective regulation of the profession. I have spoken to the Attorney General who is pursuing correspondence with the Law Society in relation to this matter. I expect that the results of the investigation undertaken by the society will be made known to the Government and the public as soon as possible.

Schools Refurbishment.

John McGuinness

Ceist:

540 Mr. McGuinness asked the Minister for Education and Science if funding will be made available for the repairs required to the roof of a school (details supplied) in County Kilkenny; if an inspection of the building will be expedited and thereafter the funding required; and if she will make a statement on the matter. [30302/05]

An inspection of the roof of the school referred to by the Deputy has taken place. Arrangements are being put in place to have the necessary repairs carried out as soon as possible.

School Curriculum.

Olwyn Enright

Ceist:

541 Ms Enright asked the Minister for Education and Science the reason immersion education (details supplied) was not included when the present primary schools curriculum was being developed. [30333/05]

The primary school curriculum 1999 was developed by the National Council for Curriculum and Assessment, NCCA, whose function is to advise the Minister for Education and Science on curriculum review and assessment. It is an integrated, child-centred curriculum which aims to meet the needs of all children in all schools. The NCCA's work was assisted by committees, representing all the principal partners and interests in primary education, in each of the curriculum areas. The curricula for Gaeilge and English were developed by committees whose members represented a wide range of expertise, thus ensuring that the work was informed by prevailing educational thinking and the most innovative and effective pedagogical practice.

The primary school curriculum 1999 offers a clear and structured national framework that provides for a broad and balanced education for all pupils. It recognises that each school is a unique organisation, with a distinctive character, tradition and culture and a particular set of values and priorities. Notwithstanding this, it is built on the right of all children, from the beginning of schooling, to experience language learning in both English and Gaeilge, our two official languages.

Within the curriculum for Irish, cognisance is taken of the particular requirements of Gaeltacht schools and scoileanna lán-Ghaeilge. This involves the provision of additional material for schools where Irish is the first language, that is, the medium of instruction and communication. Schools with different needs with regard to the Irish language are therefore facilitated within the framework. There is one curriculum for English for all schools. This defines the broad objectives to be achieved and outlines the content for each of the four levels: infant classes, first and second classes, third and fourth classes, and fifth and sixth classes. The curriculum provides suggested minimum weekly times for instruction in each curriculum area to afford schools flexibility in their planning. However, the achievement of the curriculum objectives in every curriculum area at each of the four levels of primary schooling is an over-riding requirement of all schools.

Within the framework of the curriculum as outlined, my Department fully recognises the value of immersion education and is committed to providing a range of supports for the increasing number of schools that are offering education through the medium of Irish.

Youth Services.

Olwyn Enright

Ceist:

542 Ms Enright asked the Minister for Education and Science the reason the priority objectives (details supplied) of the national youth work development plan have not been progressed to date; the timeframe for implementation; and if she will make a statement on the matter. [30334/05]

I refer the Deputy to my reply of 11 October 2005 on the priorities for the development of the youth work sector identified for 2005. The following is the up-to-date position. With regard to the Youth Work Act 2001, discussions are continuing between my Department and the Department of Finance on the resources being sought by VECs to fulfil their requirements under the Act. Following recent discussions with the Public Appointments Service regarding the recruitment process, it is now intended that this post will be advertised in the coming weeks. A sub-committee of the national work youth advisory committee, comprising representatives of both the voluntary and statutory sectors, has been established recently to draw up criteria for the dispersal of the development fund. It is expected that the amount of €250,000 provided for this fund in 2005 will be expended this year.

As regards the youth work development unit recommended in the national youth work development plan, I am investigating a range of options for the implementation of a development unit structure and I would hope to be able to make an announcement on this in the near future.

Education Schemes.

Olwyn Enright

Ceist:

543 Ms Enright asked the Minister for Education and Science if her attention has been drawn to the fact that there are no suitable courses in the Dublin area for the preparation of An Scrúdú le hAghaidh Cáilíochta sa Ghaeilge; if she will address this issue; and if she will make a statement on the matter. [30335/05]

Olwyn Enright

Ceist:

544 Ms Enright asked the Minister for Education and Science her views on the costs involved in the preparation for An Scrúdú le hAghaidh Cáilíochta sa Ghaeilge; if the refund will be increased to take account of the real cost involved; and if she will make a statement on the matter. [30336/05]

I propose to take Questions Nos. 543 and 544 together.

Arrangements have been put in place enabling teachers qualified outside the State to be granted recognition to teach in primary schools provided that their qualifications meet the requirements set by my Department.

Two forms of recognition are granted to these teachers: provisional recognition to commence teaching in mainstream primary schools, or restricted recognition to teach only in special schools or classes where Irish is not a curricular requirement. Holders of provisional recognition have five years in which they must pass an examination in the Irish language referred to as "An Scrúdú le hAghaidh Cailíochta sa Ghaeilge", SCG, which qualifies them to full recognition to teach in a primary school. As an exceptional measure, this five-year period has been extended to seven years for those candidates who had provisional recognition in April 2004. If candidates do not pass the SCG examination within the specified period they lose their provisional recognition.

The SCG examination consists of four elements: two written papers with aural and oral components. In addition, candidates must provide certification that they have attended an approved Gaeltacht course for a specific time-period: three-week, or its aggregated equivalent either in one-week blocks or in a combination of one-week and two-week blocks.

Regarding course provision, a number of education centres throughout the country, which are directly funded by my Department, are providing preparation courses for the SCG examination at a reasonable cost that has been set by my Department. In the Dublin area, I understand that Blackrock Education Centre and Drumcondra Education Centre are delivering such courses for the 2005-06 year. These courses are based upon a 40 hour training programme, funded by my Department, which was developed by the Irish Department in Coláiste Mhuire Marino. The courses have been very successful with 400 of the 520 candidates who sat the examination in March 2005 passing — the best outcome to date.

I understand there are also other providers of courses for the SCG which charge rates to students different from those which apply in the courses run through education centres. As these providers include privately-owned institutions and individuals, I do not have any role in relation to these courses or their related fees.

In regard to the costs involved in the preparation for the SCG, I presume the Deputy is referring to the cost incurred by candidates to attend the Gaeltacht in accordance with the SCG requirements. In that context, since May 2000, on successful completion of the SCG by candidates and on receipt of certification that they have resided in the Gaeltacht while attending an approved Gaeltacht course, my Department refunds a proportion of the fees incurred by candidates. This refund is equivalent to the subsidy payable to the colleges of education students for analogous courses. At present, the subsidy is €471.71 per candidate. I do not intend to increase this subsidy for the coming year. There is no provision for making a refund to students for any other costs incurred in preparing for the SCG examination.

It should be noted that once a teacher has been granted full recognition to teach in a primary school he or she can progress along the teacher pay scales with a consequential increase in salary.

Schools Building Projects.

Ciarán Cuffe

Ceist:

545 Mr. Cuffe asked the Minister for Education and Science the guidelines or advice that is provided by her to architects for the average cost per square metre of new school buildings; and if the financial allocation for school building programmes is sufficient to provide for sustainable and resilient buildings. [30450/05]

My Department uses, as a basic yardstick to assist architects in assessing the value for money of designs for building projects, a basic building cost, BBC, per square metre. The current BBC for primary schools is €1,170 per square metre. The Deputy should be aware that ultimately it is the market that determines the actual tender price for all projects and such prices fluctuate depending on the tightness or otherwise of the construction industry.

My Department monitors the cost limits for all school building projects on an on-going basis, taking into account factors such as current conditions in the construction industry, published cost indices for labour and materials and movements in tender levels. Account is also taken of historical data on tender prices and changes arising from adjustments to school planning guidelines. In addition, the standard guidelines relating to public procurement are followed and the competitive element involved in the tendering process also ensures value for money.

The current focus within my Department is to empower schools to resolve their accommodation needs, wherever possible, in a permanent manner rather than relying on temporary accommodation. To reduce the amount of temporary accommodation at primary level a new initiative was launched in 2003. The purpose of this initiative is to allow primary schools to undertake a permanent solution to their classroom accommodation needs and to achieve the best value for money. The feedback from the 20 schools in this pilot of the initiative was very positive and the initiative was expanded to include 44 additional primary schools in 2004. More than 70 schools have been invited to participate in this initiative in 2005.

Health Action Plan.

Ciarán Cuffe

Ceist:

546 Mr. Cuffe asked the Minister for Education and Science her plans to prohibit the sale and advertisement of junk food in schools. [30458/05]

Schools are privately owned, privately managed institutions which, although funded by the State, enjoy a large degree of autonomy. It is, therefore, primarily a matter for each school to decide on the types of food that are available on the school premises. I am not aware of any impediment that would prevent schools imposing a ban on the selling or advertising of certain foodstuffs on school premises, although any special dietary needs of students would have to be taken into account. Many schools have developed healthy eating policies in co-operation with their parents association, and I would encourage others to do so.

Higher Education Grants.

Ciarán Cuffe

Ceist:

547 Mr. Cuffe asked the Minister for Education and Science her plans to reduce the treble fees that apply to non-EU nationals studying at higher level in the State; and her further plans to reduce these fees to prospective students from developing countries. [30459/05]

The main eligibility conditions of my Department's free fees initiative are that students must be first time undergraduates, hold EU nationality or official refugee status and have been ordinarily resident in an EU member state for three of the five years preceding entry to an approved course.

The third level institutions are autonomous bodies and, as such, may determine the level of fees to be charged in any case where the free fees initiative does not apply. The classification of a student for EU or a non EU fee levels is a matter for each institution to determine in such cases.

Schools Building Projects.

Seán Crowe

Ceist:

548 Mr. Crowe asked the Minister for Education and Science the situation in relation to a school (details supplied) in County Donegal; and when construction will begin on a new school. [30482/05]

The property management section of the Office of Public Works, which acts on behalf of my Department in relation to site acquisitions generally, is continuing to explore a number of site options for the school referred to by the Deputy.

When the site issue is resolved, the architectural design and construction of the new school will be considered in the context of the school building and modernisation programme 2005-2009.

Teachers’ Remuneration.

John Deasy

Ceist:

549 Mr. Deasy asked the Minister for Education and Science if she has made a decision regarding payment of the standard category two secondment allowance to a person (details supplied) in County Waterford; and if she will make a statement on the matter. [30500/05]

The category two allowance is payable to teachers who are seconded to a range of positions under the various national education initiatives, in accordance with the findings of the teachers arbitration board in July 2003. The person concerned is not a seconded teacher and therefore is not in receipt of the allowance. However, my Department is reviewing the arrangements applying under the various national education initiatives following the implementation of the seconded teachers' arbitration award. I will advise the Deputy as to the outcome when the review is completed.

Pupil-Teacher Ratio.

Paul Kehoe

Ceist:

550 Mr. Kehoe asked the Minister for Education and Science the number of classes in 2005 in County Wexford that contain 30 or more pupils. [30508/05]

Paul Kehoe

Ceist:

551 Mr. Kehoe asked the Minister for Education and Science the number of classes in County Wexford in 2004 that contained 30 pupils or more; and if she will make a statement on the matter. [30509/05]

I propose to take Questions Nos. 550 and 551 together.

In the 2004-05 school year a total of 117 primary school classes in Wexford had 30 or more pupils. The 2005-06 census of primary schools has commenced. As the census date is 30 September 2005 it will be some months before all school returns have been received and processed in my Department. When this process has been completed class details for 2005-06 will be available. The number of children in classes of over 30 nationally has halved since this Government took up office.

Major improvements in school staffing have been made in recent years with the hiring of more than 4,500 additional teachers. This represents the largest increase in teacher numbers since the expansion of free education. The annual estimated value of the additional expenditure on these posts is more than €200 million.

In 1996-97, the average class size in our primary schools was 27. It is now 24. In 1996-97 there was one teacher for every 22 children in our primary schools. Today there is one teacher for every 17 children, the lowest pupil:teacher ratio in the history of the State.

Aside from decreasing average class size, the unprecedented increase in school staffing in recent years has also greatly improved the services provided for children with special needs and those from disadvantaged areas. While there is more to be done to reduce class sizes further, it should be acknowledged how much progress has been made in this area in recent years.

While the average class size nationally has been brought down to 24, I am committed, in line with Government policy, to delivering further reductions in class sizes for the under-nines. In achieving the Government target in relation to smaller class sizes priority must, in the first instance, be given to children with special needs and those in disadvantaged areas.

Under the new action plan for tackling educational disadvantage which I launched last May, more children in disadvantaged schools will be in classes of 20 in the current school year.

In regard to the number of classes of more than 30 in our schools, the general rule is that schools are staffed on the basis of having a maximum class size across the school of 29. Where some classes in a school have class sizes of greater than 29, it is often because a decision has been taken at local level to use their teaching resources to have smaller numbers in other classes. I often find that when I look into why a particular school has a class of 35 in a particular grade, the answer is because there is another class in the same school with just 15 pupils or so. So figures on the number of children in classes over 30 should be interpreted with caution. What is more instructive is the average class size in a particular school.

Telecommunications Facilities.

Fiona O'Malley

Ceist:

552 Ms F. O’Malley asked the Minister for Education and Science if the new schools announced during September 2005 will be equipped for broadband; and if she will make a statement on the matter. [30510/05]

On 29 of September last, I announced plans for the provision of 23 new post-primary and four new primary schools under a major extension of the Government's public private partnership programme from 2006 to 2009. My Department is currently engaged in the roll-out of broadband connectivity to all recognised primary and post-primary schools.

This project is being undertaken in partnership with industry, following the establishment of a three year €18 million joint Government-IBEC-TIF fund. Following a competitive tender process, my Department has signed contracts with a number of connectivity providers to supply broadband Internet access to schools. I confirm that these contractual arrangements provide for the connection of new schools opening within the period of the contract.

Computerisation Programme.

Fiona O'Malley

Ceist:

553 Ms F. O’Malley asked the Minister for Education and Science the resources which are provided for teachers and the curriculum to maximise the use of broadband in the classroom. [30511/05]

The provision of broadband connectivity is one of a number of facets of the Department's ICT initiative, the objective of which is to integrate information and communications technology into teaching and learning in first and second level schools. The key elements to achieving this objective are: access to the technologies; the development of skills in their usage; and the availability of high quality curricular relevant digital content. The Deputy will be aware that significant resources have been invested in ICT infrastructure in schools since 1998, initially in the acquisition of computers and peripherals and more recently in the development of computer networking facilities in schools.

In parallel, a range of teacher training courses have been developed by the National Centre for Technology in Education, NCTE, and made available to teachers via the regional education centres. The courses range from basic computer operation to higher order technical skills of network management, website design, Internet use, digital media and a number of general and subject-specific pedagogical ICT courses. In addition, an ICT advisory service has been developed to provide school authorities and teachers with advice and assistance in the range of technical and pedagogical needs.

High quality digital content is essential to ensuring effective use of ICT in the classroom. In this context, the Scoilnet portal has been developed to provide a focal point of reference and a resource for teachers, students and parents. This portal site provides significant amounts of curriculum-relevant content linking to more than 6,000 websites, the content of which is aligned directly to curricular and subject areas. Work is ongoing, in collaboration with teachers, in building relevant indigenous content on the site, much of it in partnership with other agencies such as RTE, subject teachers' associations and others. Examples of such material are:

www.fis.ie, www.scoilnet.ie/french,

www.scoilnet.ie/geography,

www.scoilnet.ie/lookathistory,

www.scispy.ie,

www.iamanartist.ie,

www.scienceunleashed.ie,

www.scoilnet.ie/hist, www.teachnet.ie.

The NCTE is also working with the European Schoolnet, EUN, to implement a technological infrastructure to allow Irish schools to share access to a wide range of on-line educational databases located around Europe. An important aspect of this process is the development of an application profile for Irish curricular content to facilitate meta-tagging of content to international standards. The NCTE is collaborating with the NCCA in this regard and the acquisition of a range of on-line reference libraries is also being considered.

School Staffing.

Dan Neville

Ceist:

554 Mr. Neville asked the Minister for Education and Science, further to Parliamentary Question No. 702 of 14 June 2005, the position regarding withdrawing a teacher from a school (details supplied) in County Limerick under the special needs allocation. [30512/05]

As the Deputy was previously advised, the general allocation for the school in question is 20 part-time hours and the school was placed in a cluster arrangement with another school. The school submitted a proposal to retain the special education post. The proposal involved creating a second cluster arrangement with another local school by combining the resource teaching hours in both schools to create a teaching post. The Department of Education and Science has accepted the proposal and has given permission to the school to retain this post. The school authorities were notified accordingly.

Residential Institutions Redress Scheme.

John McGuinness

Ceist:

555 Mr. McGuinness asked the Minister for Education and Science, further to Parliamentary Question No. 152 of 14 April 2005, if a decision has been made regarding a school (details supplied) in Dublin 4. [30513/05]

The Residential Institutions Redress Act 2002 provides a statutory scheme of financial redress for persons who, as children, were abused while in residential institutional care. The scheme applies in respect of institutions specified in the Schedule to the Act. Section 4 of the Act 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, the Department of Education and Science 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 the Department of Education and Science in consultation with relevant Departments and it is not proposed to add any further institutions to the Schedule at this point.

Departmental Expenditure.

John Deasy

Ceist:

556 Mr. Deasy asked the Minister for Education and Science the amount which has been spent by her Department in bringing into effect the provisions of the Official Languages Act 2003. [30535/05]

Given our statutory obligations under the 1998 Education Act, the Department of Education and Science is very conscious of its Irish-speaking customer base. Documents such as circulars, application forms and reports have always been available in both languages. For this reason, it is not possible to identify precisely what translation costs have incurred because of the Official Languages Act, as these costs would have arisen anyway. To date in 2005, the Department of Education and Science has spent €70,292.33 on Irish translation services.

Under section 13 of the Official Languages Act, the Department of Education and Science has a legal obligation to ensure that an adequate number of its staff are competent in the Irish language. An intensive language training course is being piloted for administrative staff. The cost of this training is estimated at €40,000. This pilot will be carefully evaluated to ensure that it delivers on its objectives of increasing the number of staff who are able to provide a service through Irish.

Schools Building Projects.

Olwyn Enright

Ceist:

557 Ms Enright asked the Minister for Education and Science the position regarding an application from a school (details supplied) in County Tipperary for a general purpose room; and if she will make a statement on the matter. [30558/05]

The school planning section of the Department of Education and Science is in receipt of an application for a general purpose room from the school referred to by the Deputy. The application has been assessed in accordance with the published prioritisation criteria for large-scale building projects and has been assigned a band 4 rating. Its progress will be considered in the context of the school building and modernisation programme from 2006 onwards.

Breeda Moynihan-Cronin

Ceist:

558 Ms B. Moynihan-Cronin asked the Minister for Education and Science the position regarding an extension for a school (details supplied) in County Cork; and when work will commence on same. [30563/05]

An application for an extension has been received from the management authorities of the school referred to by the Deputy and has been assessed in accordance with the published prioritisation criteria, which were revised following consultation with the education partners.

An upward trend in enrolment in recent years necessitated a review of enrolment and demographic trends to ensure that any capital funding being provided is appropriate to meet the school's long-term accommodation needs. This review is under way and officials will be in contact with the school authority in this regard. A decision will then be made on how best to meet the school's accommodation needs.

The proposed project at the school referred to will be considered in the context of the school building and modernisation programme 2005-09.

Question No. 559 answered with QuestionNo. 513.

Seán Ó Fearghaíl

Ceist:

560 Mr. Ó Fearghaíl asked the Minister for Education and Science if she is in a position to progress the case of a post-primary school (details supplied) in County Kildare to stage 6 of the schools building programme; and if she will make a statement on the matter. [30641/05]

The refurbishment and extension project for the school referred to by the Deputy is at an advanced stage of architectural planning. Department of Education and Science officials recently wrote to the school authorities giving approval to proceed to stages 4-5, planning permission-fire certification, bill of quantities-tender documents of architectural planning. Progression of projects to construction will be considered in the context of the school building and modernisation programme 2005-09.

Seán Ó Fearghaíl

Ceist:

561 Mr. Ó Fearghaíl asked the Minister for Education and Science if the case of a primary school (details supplied) in County Kildare in the schools building programme will be expedited; and if she will make a statement on the matter. [30642/05]

The project at the school to which the Deputy refers has been assessed in accordance with the published prioritisation criteria which were revised following consultation with the education partners. Progress on the project is being considered in the context of the school building programme from 2006 onwards.

School Staffing.

Seán Ó Fearghaíl

Ceist:

562 Mr. Ó Fearghaíl asked the Minister for Education and Science the enrolment figures for a post-primary school (details supplied) in County Kildare in the years 2000 to 2005; if there is a discernible trend in its enrolment; and if she will make a statement on the matter. [30643/05]

The enrolment figures for every post-primary school in the country are published each year in the Department's list of post-primary schools. The enrolment figures for the school in question are

Year

Enrolment

2000-01

314

2001-02

302

2002-03

319

2003-04

256

2004-05

252

A building project for the school which is at an early stage of architectural planning was initially planned for a long-term projected enrolment of 400 pupils based on demographic information available at the time. In the event, the population did not increase as expected and enrolment in the school continued to decline as it has done for more than ten years. For example, in the 2004-05 school year, 187 mainstream students and 65 further education students were attending the school. This compares with 315 mainstream students and 48 further education students in 1995. In the past five years overall enrolment declined by some 22% alone. This was rightly a matter of concern to the Department of Education and Science given the level of investment it was being required to make. Accordingly, due to a continuing decline in enrolments and the level of investment which would be required to facilitate a relatively small number of pupils, it was decided not to allow the proposed project to progress through architectural planning until a complete review of the long-term viability of the school had been carried out.

It is common practice for the Department of Education and Science to review all projects before they are included in a capital programme. I expect the review being carried out on the particular project in question to be finalised shortly and contact will be made directly with the school authority on this matter at that time.

Seán Ó Fearghaíl

Ceist:

563 Mr. Ó Fearghaíl asked the Minister for Education and Science if, given that a post-primary school (details supplied) in County Kildare is moving towards amalgamation, it will be allowed to retain its existing staff numbers as a curricular concession; and if she will make a statement on the matter. [30644/05]

Teacher allocations to second level schools are approved annually by the Department of Education and Science in accordance with established rules based on recognised pupil enrolment. Each school management authority is required to organise its timetable and subject options having regard to pupils needs within the limit of its approved teacher allocation.

The rules for allocating teaching resources provide that where a school management authority is unable to meet its curricular commitments, the Department of Education and Science will consider applications for additional short-term support, that is, curricular concessions. An independent appeals mechanism is available to school authorities which wish to appeal the adequacy of their teacher allocation.

The school in question applied for a curricular concession allocation and was allocated one whole-time equivalent teaching post. The Department of Education and Science notified the school of this allocation on 14 April 2005 and advised that, in the event of its not being satisfied with this allocation, it could appeal in writing to the independent appeals committee. The school did not avail of the appeals mechanism.

Schools Building Projects.

Seamus Healy

Ceist:

564 Mr. Healy asked the Minister for Education and Science the position regarding the application by a school (details supplied) in County Tipperary for approval to construct a three-classroom extension and ancillary rooms. [30649/05]

The school planning section of the Department of Education and Science recently received an application for major capital funding from the school referred to by the Deputy. The Department of Education and Science is awaiting the local school inspector's report in support of the application. Once this is to hand, the application will be assessed in accordance with the published prioritisation criteria for large-scale projects and its progress will be considered in the context of the school building and modernisation programme from 2006 onwards.

School Staffing.

Seamus Healy

Ceist:

565 Mr. Healy asked the Minister for Education and Science if she will appoint a full-time caretaker to a school (details supplied) in County Tipperary. [30650/05]

The Department of Education and Science provides funding towards the cost of secretarial and caretaking services in primary schools under two separate schemes. One scheme is the 1978-79 scheme for the employment of full-time secretaries and caretakers in primary schools, under which the Department of Education and Science meets the full cost of salary. This scheme is being phased out as posts become vacant and no new posts are being created. This scheme has been superseded by a more extensive grants scheme now referred to as the ancillary services grant.

The ancillary services grant provides additional funding for primary schools towards the cost of secretarial and caretaking services. The scheme is flexible in nature, giving boards of management discretion as to the manner in which secretarial and caretaking services are provided. The school referred to by the Deputy receives secretarial and caretaking grant assistance under this scheme. The standard rate of grant per pupil under the scheme, which applies in the case of the school in question, was increased from €102 to €127 per pupil in 2004 and was further increased to €133 per pupil this year.

School Transport.

Dan Neville

Ceist:

566 Mr. Neville asked the Minister for Education and Science the response or progress regarding the provision of a school bus service to a school (details supplied) in County Limerick, from the Mungret, Ballybrown and Raheen areas following a meeting between the parents of children of this school and officials of her Department on 7 October 2005. [30651/05]

The report of the recent meeting between parent representatives and officials of the Department of Education and Science regarding school transport for first year pupils attending the school referred to by the Deputy has been presented to the Minister of State, Deputy de Valera, and me.

The key consideration in this matter was that the arrangements were contrary to the provisions of the post-primary school transport scheme. The Deputy will appreciate that the scheme is intended to be of general application throughout the country and any departure from its provisions damages its integrity. Therefore, while I note the strong views of parents on the matter, my concern is to ensure that such services are accessible by all eligible students on an equal basis.

Special Educational Needs.

Catherine Murphy

Ceist:

567 Ms C. Murphy asked the Minister for Education and Science the location at which the children it was intended to accommodate in a purpose-built unit located at a school (details supplied) in County Kildare have been accommodated; and if she will make a statement on the matter. [30653/05]

Catherine Murphy

Ceist:

568 Ms C. Murphy asked the Minister for Education and Science the reason the purpose-built building to cater for the needs of children with autistic spectrum disorders located at a school (details supplied) in County Kildare remains unused for the purpose for which it was constructed; and if she will make a statement on the matter. [30654/05]

I propose to take Questions Nos. 567 and 568 together.

As the Deputy may be aware, it is proposed that a two-classroom autism unit will be established at the school in question. In this regard, appropriate classroom accommodation has been provided in the school for this purpose. This proposed autism unit would be additional to autism provision already in place in the area. This existing provision takes the form of placement of children in mainstream classes with appropriate support, placement in special schools or special classes and placement in stand alone facilities which are funded by the Department of Education and Science.

Department officials have been liaising with the school authorities on to the resources to be made available to facilitate the operation of the classes. The Department of Education and Science has confirmed that the classes will be capable of catering for up to 12 pupils with autism at a pupil teacher ratio of 6:1. In addition, two full-time special needs assistants, SNAs, will be allocated to each class. Additional SNAs for the classes may be considered on the basis of the individually assessed needs of the pupils enrolled.

The school authorities submitted a request to the Department of Education and Science for resources over and above those generally provided to schools when establishing such classes. Department officials have had a series of meetings with the school authorities to discuss the request. The most recent meeting took place in June 2005. At that meeting it was agreed that the board of management would consider the proposals presented by Department officials and revert to the Department of Education and Science. The Department of Education and Science subsequently wrote to the board on 15 July 2005 clarifying the Department's position and requesting a response from the board. A response is awaited.

The Deputy will be aware that with effect from 1 January 2005, the National Council for Special Education, NCSE, has taken over responsibility for processing resource applications for children with disabilities who have special educational needs including children with autism.

Under the new arrangements, the council, through the local special educational needs organiser, SENO, will process the relevant application for resources and inform the school of the outcome. The SENO will outline the process to the school and parents, where appropriate, and will at the end of the process outline the basis on which the decision was made. I understand the local SENO is liaising with the school authorities regarding the matter referred to by the Deputy.

The Department of Education and Science is anxious that this purpose built facility for children with autism would become operational as soon as possible.

Dinny McGinley

Ceist:

569 D'fhiafraigh Mr. McGinley den Aire Oideachais agus Eolaíochta an bhfuil iarratas faighte ina Roinn le haghaidh méadú agus feabhsú i leith scoile (sonraí tugtha); an bhfuil an t-iarratas á mheas faoi láthair; cén staid ag a bhfuil sé agus an ndéanfaidh sí ráiteas ina thaobh. [30729/05]

Chuir an scoil dár thagair an Teachta iarratas isteach ar chóiríocht bhreise.

Tá an t-iarratas arna mheasúnú de réir na gcritéar foilsithe um bheartú tosaíochta gur deineadh athbhreithniú orthu anuraidh de thoradh ar dul i gcomhairle leis na páirtnéirí san Oideachas.

Táthar ag breathnú ar an dtionscadal i gcomhthéacs an chláir um fhoirgnimh scoile agus athnuachainte 2005-2009.

Schools Building Projects.

Paul Connaughton

Ceist:

570 Mr. Connaughton asked the Minister for Education and Science the position regarding the request by the board of management of a school (details supplied) in County Galway for an extension to its school; if her attention has been drawn to chronic overcrowding at the national school; if other funding streams are available to the board; and if she will make a statement on the matter. [30737/05]

The school referred to by the Deputy has made an application for capital funding towards the provision of additional classroom and ancillary accommodation.

An upward trend in enrolment in recent years necessitated a review of enrolment and demographic trends to ensure that any capital funding being provided is appropriate to meet the school's long-term accommodation needs. This review is under way and officials will be in contact with the school authority in this regard. A decision will then be made on how best to meet the school's long-term accommodation needs. The project is being considered in the context of the school building and modernisation programme 2005 — 2009.

The school authority has recently submitted an application under the additional classroom accommodation scheme 2006. The purpose of this scheme is to provide an accommodation solution to schools for the 2006-07 school year, where an absolute need is demonstrated.

Officials of the Department's school planning section are in the process of recording and assessing all applications received. On completion of the process, it is planned to publish the list of successful applicants in December 2005.

Paul Connaughton

Ceist:

571 Mr. Connaughton asked the Minister for Education and Science when approval will be given for the new science room at a school (details supplied) in County Galway; and if she will make a statement on the matter. [30738/05]

An application under the 2006 additional classroom accommodation scheme for a double science classroom has recently been received from the school referred to by the Deputy. The purpose of the scheme is to provide an accommodation solution to schools for the 2006-07 school year, where an absolute need is demonstrated.

Officials of the Department's school planning section are in the process of recording and assessing all applications received. On completion of the process, it is planned to publish the list of successful applicants in December 2005.

Billy Timmins

Ceist:

572 Mr. Timmins asked the Minister for Education and Science the status of an application for additional building facilities for a school (details supplied) in County Wicklow; and if she will make a statement on the matter. [30741/05]

The project at the school to which the Deputy refers has been assessed in accordance with the published prioritisation criteria, which were revised following consultation with the education partners. Progress on the project is being considered in the context of the school building programme from 2006 onwards.

School Transport.

Michael Lowry

Ceist:

573 Mr. Lowry asked the Minister for Education and Science the position regarding primary school students (details supplied); and if she will make a statement on the matter. [30744/05]

An application for an extension to the existing bus route to the school referred to in the details supplied, in order to facilitate the children in question, was received in the Department of Education and Science on 20 October 2005. A report has been requested from Bus Éireann, which organises the school transport scheme on behalf of the Department of Education and Science. When this report has been received and considered, the Department will be in a position to respond directly to the applicants.

Special Educational Needs.

Catherine Murphy

Ceist:

574 Ms C. Murphy asked the Minister for Education and Science the measures she will take to ensure that children with autistic spectrum disorders progress from primary school education to suitable secondary school placements without experiencing a gap in their multi-disciplinary service provision and without experiencing a gap in their special educational service provision; and if she will make a statement on the matter. [30755/05]

Catherine Murphy

Ceist:

575 Ms C. Murphy asked the Minister for Education and Science the measures she has taken to facilitate the transition by children with high functioning autistic spectrum disorders from primary level education to mainstream secondary education; and if she will make a statement on the matter. [30756/05]

Catherine Murphy

Ceist:

576 Ms C. Murphy asked the Minister for Education and Science the measures she has taken to ensure that multi-disciplinary therapeutic service provision as well as suitable special needs educational provision is made available to children with high functioning autistic spectrum disorders in mainstream secondary schools; and if she will make a statement on the matter. [30757/05]

I propose to take Questions Nos. 574 to 576, inclusive, together.

The Department of Education and Science provides a range of supports to second level schools to enable them to cater for students with special educational needs transferring from primary level. The supports in question include remedial and resource teacher allocations, special needs assistant support and funding for the purchase of specialised equipment.

The Department of Education and Science supports the education of students with autistic spectrum disorders in various second level schools throughout the country. The precise model of provision made available will depend on the assessed needs of the pupils involved. Some students are capable of attending ordinary classes on an integrated basis with additional teacher and-or special needs assistant support. In other cases, placement in special dedicated classes or units attached to the school may be the more appropriate response. Such special classes operate at significantly reduced pupil-teacher ratios. Students attached to these special classes may be facilitated in attending ordinary subject classes on an integrated basis wherever possible.

The Deputy will be aware that with effect from 1 January 2005, the National Council for Special Education, NCSE, has taken over key functions from the Department of Education and Science regarding special educational provision. The NCSE was formally established as an independent statutory body on 1 October 2005 under the Education for Persons with Special Educational Needs Act 2005. The council acts under the broad policy direction of the Department of Education and Science but has the resources and the remit to play the leading role in the delivery of education services to children with disabilities or special needs. It is the function of the NCSE to provide a range of services at local and national level so that the educational needs of children with disabilities or special needs are identified and appropriate provision put in place. The NCSE co-ordinates with the health services, schools and other relevant bodies regarding the provision of education and related support services to children with disabilities or special needs.

The responsibilities of the NCSE include the following: deciding on applications for additional teaching support in respect of children with disabilities or special educational needs at second level; deciding on applications for special needs assistant, SNA, hours; processing applications for school placement in respect of children with disabilities or special educational needs.

Under the new arrangements, the council, through the local special educational needs organiser, SENO, will process the relevant application for resources and inform the school of the outcome. In the case of decisions on additional teaching and SNA support, the SENO will outline the process to the school and parents, where appropriate, and at the end of the process will outline the basis on which the decision was made.

I am confident the advent of the NCSE will prove of major benefit in ensuring that all children with special educational needs receive the support they require, when and where they require it.

Second Level Education.

Catherine Murphy

Ceist:

577 Ms C. Murphy asked the Minister for Education and Science if secondary level education is regarded by her as being of equal importance to primary level education where the continued development and advancement of students is concerned; and if she will make a statement on the matter. [30758/05]

All levels of education, primary, second level, third level and beyond are equally important to society, the economy and the individual.

Our primary education system is based on the belief that a high quality education, supported by an appropriate curriculum, enables children to realise their full potential as individuals. Building on this, second level education aims to provide a comprehensive and relevant educational experience for students in order to prepare them either for higher or continuing education or for direct entry into the world of work. I regard primary and second level education as a continuum providing our young citizens with the necessary foundation for further study and lifelong learning.

Special Educational Needs.

Catherine Murphy

Ceist:

578 Ms C. Murphy asked the Minister for Education and Science the reason there is such a disparity in the number of teaching staff working directly with children with special needs between primary and secondary schools; and if she will make a statement on the matter. [30769/05]

Catherine Murphy

Ceist:

579 Ms C. Murphy asked the Minister for Education and Science the number of whole-time equivalent special needs assistants employed in secondary schools here; and if she will make a statement on the matter. [30772/05]

I propose to take Questions Nos. 578 and 579 together.

Enormous progress has been made in recent years in increasing the number of teachers in our schools who are specifically dedicated to providing education for children with special educational needs. At primary level there are now approximately 5,000 teachers working directly with children with special needs, including those requiring learning support. This compares with under 1,500 in 1998. One out of every five primary school teachers is now working specifically with children with special needs. At second level, there are approximately 1,600 whole-time equivalent teachers in place to support pupils with special educational needs. This compares with the approximately 200 teachers who were in place in 1998 for such pupils. In addition, there are currently approximately 1000 whole-time equivalent special needs assistants, SNAs, in our second level schools.

The general allocation model at primary level is based on the premise that all primary schools have children with learning support or high incidence special educational needs. Early intervention support at primary level ensures that many children do not need additional support at second level.

The substantial growth in special education services at second level in recent years reflects the reality that significant numbers of pupils who had been in receipt of special support in the primary sector from 1999 onwards are now transferring to the second level system. The precise model of provision made available will depend on the assessed needs of the pupils involved. Some students are capable of attending ordinary classes on an integrated basis with additional teacher and-or special needs assistant support. In other cases, placement in special dedicated classes or units attached to the school may be the more appropriate response. Such special classes operate at significantly reduced pupil-teacher ratios. My Department also supports arrangements whereby students attached to these special classes are facilitated in attending ordinary subject classes on an integrated basis wherever possible. In some cases, the level of special need involved can be such that the child's needs could not be adequately addressed within the second level system. In such cases, placement is arranged in one of the special schools which cater for students from four to 18 years of age. Each such facility is dedicated to a particular disability group.

The National Council for Special Education, NCSE, through its network of locally based special education needs organisers, is responsible for processing any applications for additional special educational needs resources. I am confident that the advent of the NCSE will prove of major benefit in ensuring that all children with special educational needs receive the support they require, when and where they require it.

Defence Forces Recruitment.

M. J. Nolan

Ceist:

580 Mr. Nolan asked the Minister for Defence his proposals to reduce the height conditions for female entry in the Defence Forces in view of the ongoing difficulty in recruiting women; and if he will make a statement on the matter. [30072/05]

The Government is committed to a policy of equal opportunity for men and women in the Defence Forces, including the Army, Air Corps, Naval Service and the Reserve Defence Force and to the full participation by women in all aspects of Defence Forces activities. In effect, this means that women are eligible on the same basis as men for participation in operational and ceremonial activities, for assignment to all military appointments and educational and training courses and for promotion. All female personnel undergo the same training and receive the same military education as their male counterparts.

In order to encourage increased participation by women in the Defence Forces my predecessor decided in March 1998 to reduce the height requirement for all female recruits to 162.5 cm or 5 ft. 4 in. This height requirement also applies to male recruits.

The Defence Forces actively encourages female applicants in several ways. Where possible, all graphical advertisements and booklets produced for the Defence Forces show both male and female personnel and emphasise that all applicants are assessed on an equal basis. At recruitment fairs the Defence Forces stands are generally staffed by male and female personnel. When the Defence Forces are invited to give talks at all-female or at mixed schools, every effort is made to have a female speaker.

Over the past eight years, the strength of female personnel in the Permanent Defence Force has grown from 244 at the end of 1997 to 524 at the end of August 2005. This constitutes an increase of over 100% in the number of females serving over this period. On 5 August 2005 I wrote to both the Department of Education and Science and Department of Justice, Equality and Law Reform as well as a number of outside organisations seeking their views and recommendations on how more women might be encouraged to enlist in the Defence Forces. When the submissions have been received and examined officials, both civil and military, of my Department will meet representatives of each of the organisations which made submissions along with the Representative Association of Commissioned Officers, RACO, and the Permanent Defence Force Other Ranks Representative Association, PDFORRA, to consider the ideas and suggestions to ascertain what, if any, improvements or changes can be made to the programme of recruitment so as to encourage more females to join the Defence Forces.

Overseas Missions.

Tony Gregory

Ceist:

581 Mr. Gregory asked the Minister for Defence if the members of the Defence Forces killed in action at Niemba in the Congo were the first Irish soldiers to die in battle serving on a UN mission; if this is the largest single loss of life of Irish soldiers on UN duty; if this group was ill-equipped and ill-prepared for the jungle warfare that resulted in their deaths; if the Congo-Niemba war tragedy therefore was unique for the above reasons; his response to the claims in the new publication The Irish Army in the Congo 1960-1964, The Far Battalions, that the Defence Forces official account of the Niemba ambush, on 8 November 1960 is not accurate; if he will not have these claims considered; and if he will make a statement on the matter. [30082/05]

Finian McGrath

Ceist:

582 Mr. F. McGrath asked the Minister for Defence the way in which a person (details supplied) is listed among those who died in Niemba massacre on 8 November 1960 while Army reports just published show that he died in a separate incident almost three miles away and some days later; and if he will make a statement on the matter. [30117/05]

I propose to take Questions Nos. 581 and 582 together.

The nine members of the Defence Forces who were killed in the Niemba ambush were the first members of the Defence Forces to lose their lives in battle while serving on a UN mission. This was the largest single loss of life in any one incident in the history of the Defence Forces participation in UN service. The 33rd Battalion was equipped and trained in accordance with prevailing military doctrine at the time.

On 8 November 1960 an 11 man patrol was engaged by Baluba tribesmen and they retreated into the bush, where fighting continued for some time. Nine members of the patrol were killed that day. Two members survived and were found by Irish patrols on 9 and 10 November. Eight of the nine bodies were also recovered over these two days. The ninth body was not located at the time. In the autumn of 1962 the Defence Forces learned that the location of the ninth body was known. A team of officers was sent to meet the Niemba civil administration and, after lengthy discussions, was brought to where the body lay. The body was removed to Elizabethville and returned to Ireland for burial.

Neither my Department nor the Defence Forces has a copy of the publication referred to in the question and steps are being taken to obtain a copy.

Consultancy Contracts.

Richard Bruton

Ceist:

583 Mr. Bruton asked the Minister for Defence the guidelines in place for the commissioning of outside expertise in the consultancy and public relations fields; and if ministerial approval is required for approval of expenditure on such commissions. [30165/05]

When commissioning outside consultants, my Department adheres to the guidelines for the engagement of consultants in the Civil Service, as issued by the Department of Finance. Ministerial approval for the expenditure on such commissions has not been required.

Richard Bruton

Ceist:

584 Mr. Bruton asked the Minister for Defence the percentage of reports, consultancies and cases from external commissions where the issue of poor value for money was highlighted, in his Department from 1998 to date in 2005. [30180/05]

My Department has not experienced poor value for money in respect of reports, consultancies and cases from external commissions.

Departmental Expenditure.

John Deasy

Ceist:

585 Mr. Deasy asked the Minister for Defence the amount which has been spent by his Department in bringing into effect the provisions of the Official Languages Act 2003. [30536/05]

The amount spent by my Department in bringing into effect the provisions of the Official Languages Act 2003 is €34,316.

Housing Grants.

John Perry

Ceist:

586 Mr. Perry asked the Minister for the Environment, Heritage and Local Government the funding he has provided for the provision of housing for persons with disabilities and persons leaving sheltered accommodation in Counties Sligo and Leitrim in 2002, 2003, 2004 and to date 2005; if this funding will be increased; and if he will make a statement on the matter. [30043/05]

Under my Department's voluntary housing capital assistance scheme, accommodation may be provided for persons with special needs such as the elderly, homeless or persons with disabilities. Funding of €238,642 was made available to Leitrim County Council in 2002 towards the provision of accommodation for persons with disabilities.

My Department also provides a combined allocation for local authorities for the administration of the disabled person's and the essential repairs grant schemes. The disabled person's grant scheme provides grant assistance for works necessary for the proper accommodation of disabled persons. The essential repairs grants scheme enables people in houses which cannot be made habitable in all respects at a reasonable costs, to have basic repairs carried out to them. The scheme is directed primarily at older persons living in poor housing conditions.

The funding provided for local authorities for the administration of these schemes is set out in the following table:

Expenditure on Disabled Persons Grant Scheme 2002-2005 (position at 31/8/05).

Local Authority

2002

2003

2004

2005 at 31/8/05

Total

Leitrim County Council

1,260,305

1,300,488

1,112,474

474,788

4,148,055

Sligo County Council

777,087

470,753

196,912

105,585

1,550,337

Sligo Borough Council

330,905

457,320

114,605

111,403

1,014,233

Expenditure on Essential Repairs Grant Scheme 2002-2005 (position at 31/8/05).

Local Authority

2002

2003

2004

2005 at 31/8/05

Total

Leitrim County Council

554,140

690,514

929,561

330,964

2,505,179

Sligo County Council

334,580

149,852

44,537

40,392

569,361

Sligo Borough Council

29,498

27,273

1,106

17,205

75,082

Question No. 587 answered with QuestionNo. 175.

Water and Sewerage Schemes.

Jerry Cowley

Ceist:

588 Dr. Cowley asked the Minister for the Environment, Heritage and Local Government when the Ballina sewerage scheme will proceed in view of the development and building standstill in the town due to the lack of this scheme; his views on whether Mayo County Council has been waiting a long time for the polluter pays report; when this report will be completed; when Mayo County Council will commence works in Ballina; when this scheme will be completed; the reason this scheme has taken so long; and if he will make a statement on the matter. [30550/05]

The Ballina main drainage scheme is approved for construction in my Department's water services investment programme, 2004 to 2006. In July 2005, I cleared Mayo County Council's tender recommendations for upgrading of the treatment plant and the expansion and improvement of the sewage collection system. It is now a matter for the council to make arrangements with the successful tenderers for the commencement of the works.

In common with all projects in the water services investment programme, this scheme is subject to water services pricing, polluter pays, policy. In broad terms, the policy provides for the capital costs associated with the provision of services to meet the requirements of the existing domestic population being funded by my Department, with an allowance for organic growth within the existing network. The additional marginal capital cost of servicing non-domestic consumers and providing for future development, is recovered by the local authority from all non-domestic consumers in its functional area, that is, on a county-wide basis, through a combination of water charges on commercial consumers and planning levies on future development.

Additional information requested by my Department from Mayo County Council with regard to the council's water services pricing policy report for the scheme was received last week. This information is being examined in my Department and a response will issue to the council as quickly as possible.

In the normal way a local authority should secure departmental approval to the water services pricing policy report in the initial stages of a scheme in order that the respective liabilities of the authority and the Department are clarified as early as possible in the procurement process. My Department has approved Mayo County Council's tender recommendation in advance of the finalisation of the water services pricing policy report in this case in order to facilitate early commencement of the works.

Planning Issues.

John Gormley

Ceist:

589 Mr. Gormley asked the Minister for the Environment, Heritage and Local Government if he will change planning laws in order that stand alone buildings cannot be demolished without proper planning permission; and if he will make a statement on the matter. [30049/05]

Under the Planning and Development Act 2000, and regulations made under it, the demolition of a building is an exempt development unless it is a habitable house, a building which forms part of a terrace of buildings, or a building which abuts on another building in separate ownership, or under section 57, a protected structure or proposed protected structure. The latter section also provides that a planning authority or An Bord Pleanála shall not grant permission for the demolition of a protected structure or a proposed protected structure save in exceptional circumstances. I am satisfied that these provisions give adequate protection for buildings that should not be demolished without consent and do not propose to amend the legislation.

Water and Sewerage Schemes.

Noel Grealish

Ceist:

590 Mr. Grealish asked the Minister for the Environment, Heritage and Local Government the status of the sewerage scheme project in Oughterard; and if he will make a statement on the matter. [30064/05]

The Oughterard sewerage scheme is approved for construction in my Department's water services investment programme 2004 to 2006.

Galway County Council's preliminary report for the scheme is being examined in my Department and is being dealt with as quickly as possible. Once the preliminary report has been approved, the council will be in a position to prepare contract documents.

Regional Road Network.

John Deasy

Ceist:

591 Mr. Deasy asked the Minister for the Environment, Heritage and Local Government the total spending by his Department on non-national roads in each county council and city council area in the years 2000, 2001, 2002, 2003 and 2004. [30076/05]

Details of the total grant payment to each county council and city council in each of the years 2000 to 2004 are set out in the following table:

Non-national road grant payments to county and city councils 2000 to 2004.

2000 payment

2001 payment

2002 payment

2003 payment

2004 payment

County Councils

Carlow County Council

3,401,306

3,753,962

4,052,642

4,930,298

4,253,800

Cavan County Council

13,513,992

14,716,354

15,726,977

16,089,931

16,269,470

Clare County Council

13,665,456

15,248,139

16,257,677

16,818,644

18,286,146

Cork County Council

29,882,063

33,838,550

36,930,125

37,547,815

38,647,405

Donegal County Council

21,141,447

24,448,105

27,005,447

27,492,094

29,252,663

Dún Laoghaire/Rathdown County Council

6,119,942

16,126,282

13,866,580

7,599,881

7,874,491

Fingal County Council

5,379,767

5,071,011

5,070,326

8,905,853

9,785,217

Galway County Council

20,176,658

21,711,006

23,833,064

23,559,344

23,796,406

Kerry County Council

15,354,325

16,426,287

17,734,012

18,368,972

19,569,478

Kildare County Council

13,418,099

21,148,246

23,340,437

11,834,028

17,453,601

Kilkenny County Council

8,410,933

8,468,961

10,748,356

10,485,255

10,807,565

Laois County Council

6,042,924

6,640,637

7,911,799

7,832,569

7,690,369

Leitrim County Council

8,561,892

9,240,552

9,959,054

10,772,207

10,669,193

Limerick County Council

12,398,523

13,831,839

14,281,149

16,202,691

17,371,817

Longford County Council

5,839,894

6,366,863

7,082,204

6,730,199

7,307,965

Louth County Council

3,175,059

5,172,579

6,213,082

5,291,176

6,691,503

Mayo County Council

17,609,701

19,493,587

21,282,512

22,356,016

25,455,372

Meath County Council

11,660,584

18,777,219

20,786,462

16,439,703

22,077,737

Monaghan County Council

11,987,097

13,192,755

13,778,589

14,855,704

14,070,786

North Tipperary County Council

7,369,334

8,476,116

9,001,849

9,328,473

9,520,635

Offaly County Council

6,214,287

6,732,870

7,599,969

7,439,374

7,894,309

Roscommon County Council

11,334,271

12,610,070

12,957,430

13,100,999

13,103,545

Sligo County Council

8,695,813

8,976,616

9,695,551

10,436,085

10,685,853

South Dublin County Council

5,115,775

5,176,332

7,109,360

17,103,770

23,606,845

South Tipperary County Council

8,458,764

9,254,754

9,679,606

10,079,927

10,206,249

Waterford County Council

8,112,128

9,038,692

9,999,072

9,460,248

10,945,504

Westmeath County Council

5,602,212

6,101,014

6,856,446

7,292,144

7,209,630

Wexford County Council

10,276,554

11,248,648

12,239,796

12,592,418

12,819,963

Wicklow County Council

7,996,216

8,838,722

9,173,488

9,889,710

8,927,822

City Councils

Cork City Council

4,256,162

4,427,577

5,206,408

6,238,128

9,494,478

Dublin City Council

9,563,884

14,863,623

11,382,205

11,253,012

8,074,323

Galway City Council

2,337,680

1,482,041

3,093,500

2,744,292

1,420,020

Limerick City Council

2,014,264

2,436,050

3,260,485

2,328,936

2,496,919

Waterford City Council

2,791,631

2,098,514

2,519,534

3,456,811

16,431,709

Question No. 592 answered with QuestionNo. 121.

Sheltered Housing.

Cecilia Keaveney

Ceist:

593 Cecilia Keaveney asked the Minister for the Environment, Heritage and Local Government the position in relation to an application for sheltered housing by an association (details supplied) in County Donegal; and if he will make a statement on the matter. [30083/05]

Following the receipt of documentation requested from Donegal County Council, which is responsible for the detailed administration of the voluntary housing scheme in its area, further clarification has been sought from the council and is awaited. When this is to hand the application will be considered by my Department and the council will be advised of the outcome as soon as possible.

Environmental Policy.

Finian McGrath

Ceist:

594 Mr. F. McGrath asked the Minister for the Environment, Heritage and Local Government if he will sign the Friends of the Earth climate pledge; his policy to prevent climate change having catastrophic consequences such as storms, floods, droughts and famines. [30087/05]

I refer to the replies to Questions Nos. 106, 126, 114, 152, 160, 138, 157, 171, 197, 622, 655 and 682 of 25 October 2005.

I understand the pledge referred to in the question was an initiative for energy efficiency week and is now closed. Ireland has ratified and fully supports the Kyoto Protocol. Our commitment to meet our greenhouse gas emission limitation target for the purpose of the protocol represents a real and significant contribution to combating global climate change and is the most appropriate pledge to be made by a national Government.

Local Authority Members.

Paul Nicholas Gogarty

Ceist:

595 Mr. Gogarty asked the Minister for the Environment, Heritage and Local Government if the work of a local authority member is considered a part-time or a full-time job; and if he will make a statement on the matter. [30124/05]

Paul Nicholas Gogarty

Ceist:

596 Mr. Gogarty asked the Minister for the Environment, Heritage and Local Government the standard salary, allowances and benefits payable to councillors; and if he will make a statement on the matter. [30125/05]

I propose to take Questions Nos. 595 and 596 together.

The financial support framework for councillors has been significantly improved in recent years. The representational payment, RP, was introduced with effect from 1 January 2002 and included a once-off payment to councillors in respect of the period 4 May 2000 , which was the date of publication of the Local Government Bill 2000, to 31 December 2001. The RP is directly linked to a Senator's remuneration and increases are applied on a pro rata basis. It is subject to PAYE in the normal way and PRSI as appropriate. The rates of RP payable to members of the different types of local authorities are set out in the following table.

City/County Councils

15,330

Borough Councils

7,666

Town Councils

Ranging from €3,832 to €2,091

Membership of a local authority is not considered to be a form of employment. The RP gives practical recognition to the civic contribution local authority members make to their community and reflects the important voluntary community aspect of a councillor's role.

Councillors also receive an annual allowance designed to defray, in a structured way, reasonable expenses incurred by them in attending meetings associated with their council business. For members of city and county councils, the allowance is calculated using a formula based on the distance from their home to the council headquarters, including a modest subsistence element and reflecting a notional number of meetings which that local authority would be expected to hold in a year. It is supplemented by a fixed amount towards miscellaneous costs such as postage and telephone. This amount varies depending which of four indices, 30, 50, 70 or 80, applies to the local authority concerned. These indices have been assigned on the basis of the notional number of meetings which a particular county or city council might be expected to hold annually. The 34 city and county councils each come under one of those indexes. Members of borough and town councils receive a lump-sum annual allowance.

In addition to the annual allowance, councillors may receive ad hoc travel and subsistence payments in respect of attendance at conferences, training courses, meetings in relation to twinning matters or participation in delegations to Ministers and so forth. Payments may also be received in respect of authorised foreign travel.

Regulations allow for the payment of a single service related retirement gratuity to councillors. This involves a lump sum calculated as 3/20 of RP, on retirement, for each year of service since May 2000, up to a maximum 20 years service and with a minimum three year service requirement. Subject to certain conditions, the gratuity is payable on a councillor's retirement whether voluntary, because of a failure to be elected, death or ill health.

Local authorities may pay an annual allowance to the Cathaoirleach and Leas Chathaoirleach. Such decisions are reserved functions. The taxation implications of these payments have been determined by the Revenue Commissioners as follows: 50% of the allowance, subject to a fixed minimum amount of €5,000 and a maximum of €10,000, may be paid tax-free with PAYE-PRSI deducted on the balance. Councillors who are chairs of strategic policy committees, SPCs, receive a tax-free allowance of approximately €5,079 per annum. Councillors may also receive expenses from VECs, harbour authorities, regional assemblies and regional authorities, or certain other bodies as a result of their membership of such bodies.

Environmental Policy.

Beverley Flynn

Ceist:

597 Ms Cooper-Flynn asked the Minister for the Environment, Heritage and Local Government if the compensation package for designated bog lands will apply to farmers who sold their bog in 1996; and if he will make a statement on the matter. [30137/05]

A cessation of turf cutting scheme was launched in March 1999 and provided standard rates for the purchase of raised bog and, in exceptional cases, blanket bog that had been statutorily proposed for designation as a special area of conservation or a natural heritage area. In July 2004, my Department concluded an agreement with the farming pillar, under Sustaining Progress, which involved increases in the standard rates of compensation payment. This agreement incorporates retrospective provisions benefiting landowners who participated in the original 1999 scheme.

Land sold voluntarily to the Department in 1996 does not qualify for any additional payment. Such lands were sold subject to individual valuations which were agreed at the time as final settlements by both parties to the contracts of sale.

Questions Nos. 598 and 599 answered with Question No. 139.

Water and Sewerage Schemes.

Pádraic McCormack

Ceist:

600 Mr. McCormack asked the Minister for the Environment, Heritage and Local Government the position regarding the provision of a sewage treatment plant for Clifden, in view of the increased population of Clifden town, County Galway and the necessity for an up-to-dated sewage treatment plant for the town. [30150/05]

The Clifden sewerage scheme is approved for construction in my Department's water services investment programme 2004 to 2006.

Galway County Council's preliminary report for the scheme is being examined in my Department in conjunction with a supplementary site location report and a hydrographic marine survey. The latter was received in the Department last month. Once the preliminary report has been approved, the council will be in a position to prepare contract documents.

Questions Nos. 601 and 602 answered with Question No. 120.

Waste Management.

Richard Bruton

Ceist:

603 Mr. Bruton asked the Minister for the Environment, Heritage and Local Government the number of businesses that have registered to date on the WEEE register; the percentage of all businesses applicable which this represents; his views on whether the administration of this directive here has been badly handled; and if many businesses and retailers have received no correspondence regarding the directive from the Government. [30182/05]

Some 646 producers of electrical and electronic equipment,EEE, were registered with the WEEE register by close of business Friday, 21 October 2005. My Department does not have a record of the total number of undertakings with producer obligations in accordance with the provisions of the EU Directive on Waste Electrical and Electronic Equipment, WEEE. However, I am advised that the WEEE register had an initial target of registering 300 producers.

Implementation of the WEEE directive has been achieved as a result of close co-operation between all stakeholders — producers, retailers and both central and local government. This process began with the establishment of a task force representative of all relevant sectors, including producers and retailers, in February 2003, to draw up proposals for implementing the directive and no less than two extensive public consultation processes. My Department has been and continues to be available to provide advice and assistance throughout this process. My Department has also taken out advertising in the national press to draw the attention of producers and retailers to their obligations under the WEEE directive. An area of my Department's website has been devoted to WEEE and a number of guidance documents for stakeholders can be found at www.environ.ie.

My Department is monitoring the operation of the scheme closely and where barriers to effective implementation are identified these will be addressed. The core components of the scheme are working well between retail outlets and local authority civic amenity sites household WEEE is being collected from over 100 collection points around the country.

Richard Bruton

Ceist:

604 Mr. Bruton asked the Minister for the Environment, Heritage and Local Government the reason for the large application fee for the WEEE register and WEEE Ireland; and the breakdown of this fee; and if he will make a statement on the matter. [30183/05]

The EU Directive on Waste Electrical and Electronic Equipment, WEEE, required each member state to introduce regulations providing for a producer funded take-back scheme for consumers of end-of-life equipment from 13 August 2005. Implementation of the directive has been achieved as a result of close co-operation between all stakeholders — producers, retailers and both central and local government and involved the establishment of three new structures as follows: an independent national producer registration body — WEEE register — whose function it is to register all producers of electronic and electrical equipment, determine market share, and approve visible environmental management costs, EMCs, where these are displayed by producers and two compliance schemes to facilitate producers in complying with their obligations under the regulations and in particular to fund the recovery of the waste equipment — WEEE Ireland Limited and the European recycling platform, ERP.

These three new bodies must be self-financing. In the case of the collective compliance schemes there must also be a contingency reserve to safeguard operation of the WEEE regime should a collective compliance scheme cease to operate for whatever reason. In all three cases the bodies are required to operate on a not-for-profit basis.

To fulfil these requirements the current registration fee in the case of WEEE register and membership fees in the case of the compliance schemes were determined by those organisations. My Department has no function in determining the level of these fees. My Department is monitoring the operation of the scheme closely and where barriers to effective implementation are identified these will be addressed. All of the new structures are working effectively and I am confident that the EU WEEE collection target of 4 kg per inhabitant which Ireland has to meet by end 2008 will be met well before then.

Housing Projects.

Seán Haughey

Ceist:

605 Mr. Haughey asked the Minister for the Environment, Heritage and Local Government the progress made to date by the Affordable Homes Partnership; if the 1999 affordable housing scheme, Part V of the Planning and Development Acts 2000-2002 scheme and the affordable housing initiative scheme will be amalgamated in order that a person only has to make one application for affordable housing to a local authority; and if he will make a statement on the matter. [30227/05]

The Affordable Homes Partnership was established with effect from 1 August 2005 under the terms of the Affordable Homes Partnership (Establishment) Order 2005, copies of which have been placed in the Oireachtas Library.

In the short period since its appointment, the board of the partnership has already met on two occasions. An interim chief executive officer has taken up duty, arrangements for the wider staffing of the organisation have been progressed significantly and a range of corporate governance issues have been addressed. The partnership's overall objective is to co-ordinate and add impetus to the delivery of affordable housing in the greater Dublin area and it has been assigned specific functions for this purpose in article 4(2) of the establishment order. In its work to-date, the partnership has focused particular attention on preparations for the call for proposals to issue to builders-developers with a view to bringing forward land for affordable housing. I understand this process, which will take account of guidelines issued by the Minister for the Environment, Heritage and Local Government, will be initiated shortly by way of public advertisement.

The partnership has also been undertaking preparatory work on a number of land swap projects similar to the successful Harcourt Terrace pilot project concluded earlier this year. I understand the procurement process in the first of these projects is to commence next month. As for the possible amalgamation of the various affordable housing schemes currently in operation, this was one of a number of issues highlighted in the NESC report, Housing in Ireland: Performance and Policy, for further consideration. The Government intends to address these issues shortly, taking account also of work under way by the housing forum in reviewing the effectiveness of existing social and affordable housing schemes in the context of the Sustaining Progress agreement.

Seán Haughey

Ceist:

606 Mr. Haughey asked the Minister for the Environment, Heritage and Local Government if he funds voluntary organisations or housing bodies which aim to secure accommodation for returned emigrants; if he will provide contact details of these organisations and bodies; and if he will make a statement on the matter. [30228/05]

Under the amendment made to the terms of my Department's voluntary housing capital assistance scheme in November 2001, up to 25% of accommodation in new projects provided throughout the country by individual voluntary housing bodies with funding under the scheme may be allocated to elderly returning emigrants who satisfy eligibility criteria in relation to their present circumstances and are included in the Safe Home waiting list.

The Safe Home organisation carries out a co-ordinating role liaising with relevant individual voluntary housing bodies throughout the country in relation to accommodation for eligible elderly emigrants who are included in their waiting list. Safe Home assesses applications from elderly emigrants for accommodation under the scheme and compiles a list of eligible applicants. It liaises with relevant voluntary bodies throughout the country and with local authorities in relation to accommodation for eligible elderly emigrants on its waiting list and carries out a co-ordinating role generally in relation to the scheme. Elderly emigrants wishing to apply for accommodation may contact the Safe Home Programme, Saint Brendan's Village, Mulranny, County Mayo.

Michael Ring

Ceist:

607 Mr. Ring asked the Minister for the Environment, Heritage and Local Government if an application has been submitted to his Department by Mayo County Council in respect of proposed works at a housing estate (details supplied) in County Mayo; if funding has been approved; when he will approve funding for the planned maintenance programme. [30235/05]

Preliminary documentation has been received from Mayo County Council in regard to the refurbishment of housing estates in the county including the estate in question. My Department recently wrote to the council requesting that it 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 examine the detailed proposals and to assess funding requirements over the period. It is understood the county council are concentrating in the first instance on upgrading rural houses in the county as it is considered that they are in most in need of refurbishment.

Water Charges.

Martin Ferris

Ceist:

608 Mr. Ferris asked the Minister for the Environment, Heritage and Local Government if special consideration on water charges will be given to charitable organisations, such as homeless shelters, community centres, community creches and so on. [30243/05]

In accordance with the EU Water Framework Directive, the national water services pricing policy framework provides for the recovery by sanitary authorities of the cost of providing water services from the users of these services, with the exception of households using the services for domestic purposes.

The policy framework requires full recovery of the cost of providing water services to the non-domestic sector by means of a meter based volumetric charge and the metering of this sector by December 2006. The framework does not provide for any special consideration or exemption of any classes of non-domestic users from the charging policy.

Regional Road Network.

Fergus O'Dowd

Ceist:

609 Mr. O’Dowd asked the Minister for the Environment, Heritage and Local Government if an application has been received from Louth County Council for funding under the EU co-financed specific improvement grants scheme in respect of the Drogheda Northern Cross Route; and if he will make a statement on the matter. [30244/05]

The provision and improvement of non-national roads in County Louth is a matter for Louth County Council to be funded from its own resources supplemented by State grants.

In August this year, my Department sought applications from road authorities for funding under the 2006 EU co-financed specific improvements grant scheme. The initial selection of projects to be submitted for consideration for funding under this scheme is a matter for road authorities. Louth County Council submitted a number of applications but these did not include an application for funding for the Drogheda Northern Cross Port Access route.

Local Authority Housing.

Michael Ring

Ceist:

610 Mr. Ring asked the Minister for the Environment, Heritage and Local Government the legislation in relation to the formerly occupied houses being reallocated by the local authorities; the required condition of the property; if the new tenant is expected to paint, wash and clean the house to get it ready for occupation or if that is the responsibility of the local authority; and if he will provide a copy of the guidelines which specify the condition a property must be in for reallocation. [30254/05]

The management and control of local authority dwellings is vested in and exercised by the housing authority concerned subject to compliance with regulations and statutory provisions. The Housing (Standards for Rented Houses) Regulations 1993 lay down minimum physical standards which the dwelling must meet.

The development of policy and procedures for re-lets is a matter for the individual housing authority. The housing unit has published a series of guidelines for local authorities on good practice in housing management. The series includes Managing Voids: Co-ordinating the Monitoring Repair and Allocation of Vacant Dwellings which is available on the unit's website www.housingunit.ie.

Housing Aid for the Elderly.

Brendan Howlin

Ceist:

611 Mr. Howlin asked the Minister for the Environment, Heritage and Local Government if additional funding will be provided to the Health Service Executive south eastern area, under the housing aid for the elderly scheme to deal with the lengthy waiting lists that exist in this area; and if he will make a statement on the matter. [30259/05]

A total of €2.66 million for the operation of the scheme was allocated to the Health Service Executive south eastern area for 2005.

The overall provision for the scheme in 2005 has been fully allocated by the task force, who administer the scheme under the aegis of my Department, and no additional funding is available in the current year.

Local Authority Housing.

Ruairí Quinn

Ceist:

612 Mr. Quinn asked the Minister for the Environment, Heritage and Local Government the number of successful applications for provisional loan approval under the shared ownership scheme which were made for each local authority in 2004; the further number which have been made to date; the number of loans which were issued for each year and by each local authority; his plans to extend the scheme or to increase publicity for it; the upper limit of house value for each local authority area; his further plans to increase the upper limit of house value; and if he will make a statement on the matter. [30311/05]

Information for 2004 and up to June 2005, on the number of loan approvals and loans paid under the shared ownership scheme, which were made by each local authority, is set out in the following table: The income eligibility and maximum loan limits applying to the shared ownership scheme were reviewed and increased substantially in July 2004 and these are kept under continuous review. Implementation of the terms of the scheme, including its promotion, are matters for individual local authorities. Notwithstanding this, my Department's website contains full details of the various affordable housing schemes available, including the shared ownership scheme, in an easy to follow format. In addition, there are simplified brochures available on the various schemes which are currently also being updated. Individual local authorities also provide publicity on the schemes through their own websites.

The information sought on upper limits of house values is not available to my Department. While the maximum loan which may advanced by a local authority in respect of the share of the dwelling being purchased — minimum 40% — is €165,000 the cost of the dwelling may, of course, exceed this subject to the borrower's income being sufficient to meet the financial commitments involved.

I intend to continue support of the shared ownership scheme as an important instrument in the provision of affordable housing.

Shared Ownership

2004

June, 2005

Loans Approved

Loans Paid

Loans Approved

Loans Paid

County Councils

Carlow

11

3

8

9

Cavan

4

3

2

3

Clare

11

15

4

6

Cork (S) and Co.

30

40

27

9

Cork(N)

22

5

12

13

Cork(W)

1

59

0

0

Donegal

19

25

17

7

Dún Laoghaire/Rathdown

30

0

1

1

Fingal

0

4

1

1

Galway

16

15

5

9

Kerry

24

18

7

6

Kildare

147

70

92

25

Kilkenny

8

6

9

5

Laois

26

26

33

20

Leitrim

1

1

5

3

Limerick

17

10

8

16

Longford

6

10

3

3

Louth

1

1

1

1

Mayo

4

1

1

2

Meath

39

23

11

11

Monaghan

4

3

0

0

North Tipperary

13

13

3

3

Offaly

6

10

1

2

Roscommon

5

4

0

0

Sligo

15

15

3

5

South Dublin

11

18

10

13

South Tipperary

14

10

7

3

Waterford

0

1

2

0

Westmeath

26

19

12

2

Wexford

8

5

7

6

Wicklow

2

2

1

0

City Councils

Cork

12

5

1

2

Dublin

448

329

341

192

Galway

2

2

0

0

Limerick

4

3

7

4

Waterford

54

27

10

16

Borough Councils

Clonmel

0

0

0

0

Drogheda

3

0

0

0

Kilkenny

0

0

0

0

Sligo

7

3

2

1

Wexford

0

0

0

0

Town Councils

Athlone

1

2

0

0

Bray

0

0

0

0

Dundalk

0

0

0

0

Town Councils.

Catherine Murphy

Ceist:

613 Ms C. Murphy asked the Minister for the Environment, Heritage and Local Government the number of persons employed by town councils in the years 2002, 2003 and 2004 by town; and if he will make a statement on the matter. [30312/05]

The number of persons employed directly by town councils, shown as whole time equivalent, WTE, in the years 2002, 2003 and 2004 by town, as provided by the local authorities, is set out in the following table:

Staffing Numbers (WTE)

2002

2003

2004

Borough Councils

Clonmel Borough Council

92.0

93.0

98.0

Drogheda Borough Council

166.2

163.6

163.6

Kilkenny Borough Council

112.0

111.0

109.0

Sligo Borough Council

124.0

118.2

111.4

Wexford Borough Council

87.6

75.4

71.9

Town Councils

Arklow Town Council

32.8

33.8

38.5

Athlone Town Council

91.8

71.8

84.6

Athy Town Council

30.5

29.5

29.0

Balbriggan Town Council

0.0

0.0

0.0

Ballina Town Council

45.0

46.0

45.0

Ballinasloe Town Council

37.4

37.4

36.4

Ballybay Town Council

0.0

0.0

0.0

Ballyshannon Town Council

0.5

0.5

0.5

Bandon Town Council

0.0

0.0

0.0

Bantry Town Council

0.0

0.0

0.0

Belturbet Town Council

0.0

0.0

0.0

Birr Town Council

17.3

14.3

13.5

Boyle Town Council

0.0

0.0

0.0

Bray Town Council

88.2

88.0

85.0

Buncrana Town Council

23.0

20.0

18.0

Bundoran Town Council

14.5

14.2

14.0

Carlow Town Council

54.0

54.0

54.0

Carrickmacross Town Council

19.1

23.0

21.0

Carrick-on-Suir Town Council

29.0

29.0

28.0

Cashel Town Council

19.0

18.0

17.5

Castlebar Town Council

41.4

43.4

42.4

Castleblaney Town Council

13.5

9.5

14.0

Cavan Town Council

24.4

21.4

21.4

Clonakility Town Council

11.0

13.0

10.0

Clones Town Council

11.4

11.4

12.0

Cobh Town Council

24.0

25.0

21.7

Cootehill Town Council

0.0

0.0

0.0

Droichead Nua Town Council

0.0

0.0

0.0

Dundalk Town Council

194.0

201.0

203.7

Dungarvan Town Council

37.5

37.5

37.5

Ennis Town Council

89.5

86.0

86.0

Enniscorthy Town Council

23.0

29.0

26.0

Fermoy Town Council

24.0

26.0

32.0

Gorey Town Council

0.0

0.0

0.0

Granard Town Council

0.2

0.2

0.2

Kells Town Council

11.0

14.0

15.0

Kilkee Town Council

2.0

2.0

2.0

Killarney Town Council

64.2

63.1

62.6

Kilrush Town Council

12.1

13.4

13.8

Kinsale Town Council

13.0

13.0

14.0

Leixlip Town Council

0.0

0.0

0.5

Letterkenny Town Council

53.0

45.0

58.0

Lismore Town Council

0.0

0.0

0.0

Listowel Town Council

26.0

26.6

25.6

Longford Town Council

33.6

36.0

40.1

Loughrea Town Council

0.0

0.0

0.0

Macroom Town Council

14.0

14.0

15.0

Mallow Town Council

30.0

30.0

35.0

Midleton Town Council

22.0

23.0

20.0

Monaghan Town Council

36.0

37.0

29.0

Mountmellick Town Council

0.0

0.0

0.0

Muine Bheag Town Council

0.0

0.0

0.0

Mullingar Town Council

0.0

0.0

0.0

Naas Town Council

45.6

43.8

43.8

Navan Town Council

24.0

27.5

34.5

Nenagh Town Council

25.7

29.0

35.0

New Ross Town Council

33.0

32.5

33.5

Passage West Town Council

0.0

0.0

0.0

Portlaoise Town Council

0.0

0.0

0.0

Shannon Town Council

0.0

0.0

0.0

Skibbereen Town Council

13.0

12.0

13.0

Templemore Town Council

13.8

12.3

13.0

Thurles Town Council

33.0

32.0

31.6

Tipperary Town Council

33.0

25.4

32.0

Tralee Town Council

122.5

136.0

136.5

Tramore Town Council

0.0

0.0

0.0

Trim Town Council

14.5

12.0

12.0

Tuam Town Council

0.0

0.0

0.0

Tullamore Town Council

52.2

55.0

55.5

Westport Town Council

35.6

34.9

37.2

Wicklow Town Council

31.5

33.1

32.0

Youghal Town Council

27.0

29.0

33.0

National Spatial Strategy.

Catherine Murphy

Ceist:

614 Ms C. Murphy asked the Minister for the Environment, Heritage and Local Government his plans to provide for the non-housing elements of the National Spatial Strategy as identified in page 103 of that document; and if he will make a statement on the matter. [30313/05]

Page 103 of the National Spatial Strategy deals with housing location considerations. It sets out principles to be considered in ensuring the sustainable provision of housing and is an input to housing strategies and the development plans of planning authorities.

It is a matter for each planning authority to ensure that provision is made in its area for an adequate supply of land for residential development in line with the assessment of needs in the housing strategy. Ensuring such supply requires, inter alia, the strategic reservation of land by planning authorities through the development plan process, coupled with timely and sequential release of land. The identification of the location of such lands is a matter for the relevant planning authority.

It is best practice in identifying land for development and in deciding on the nature and scale of development envisaged under development plans to give careful consideration to the future availability of, or the capacity to provide the non-housing elements of such development, including infrastructural services and supporting infrastructure, such as the appropriate community facilities, health-care, schools, public open space, retail and other service provision and public transport. Account should be taken of the extent to which these are available or whether there is a reasonable expectation that they can be delivered in a timely manner to support residential development on lands identified for such development.

It is also important that in identifying lands for development planning authorities should take account of national and local investment programmes in so far as these may be relevant to the area concerned. To this end, planning authorities are required in drafting development plans to consult with the providers of energy, telecommunications, transport and any other relevant infrastructure and of education, health, policing and other services in order to ascertain any long-term plans for the provision of infrastructure and services in the area of the planning authority. Providers are required to furnish the necessary information to the planning authority.

Account should also taken by planning authorities of the capacity of development contributions to recoup some of the costs to public funds of servicing land for private development. Development contributions collected by planning authorities are ring-fenced to pay for facilities benefitting new development, for example, roads, water, sewerage services and amenities. All planning authorities have adopted development contribution schemes which set out how the schemes apply in their areas and these schemes apply to all permissions granted after the adoption of the scheme.

Local Authority Housing.

Paul Kehoe

Ceist:

615 Mr. Kehoe asked the Minister for the Environment, Heritage and Local Government if he will report on the restrictions on persons who have bought a house from a local authority from selling it on privately at a later date; if there are circumstances in which these restrictions can be lifted; and if he will make a statement on the matter. [30324/05]

The first resale of houses sold under the tenant purchase scheme requires the consent of the local authority. This condition applies for a period of 20 years. This restriction does not apply to second or subsequent purchasers. Neither does the restriction apply to a lending agency, so that in the event of default on a mortgage taken out by the purchaser, the lending agency will be able to recover possession and, if necessary, sell the house without the consent of the housing authority.

Environmental Policy.

Trevor Sargent

Ceist:

616 Mr. Sargent asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the ESRI report, aspects of Irish energy policy, and its assertion that without a carbon tax it is unlikely that Ireland will meet its emission targets set under the Kyoto Protocol; and if he will make a statement on the matter. [25017/05]

I am aware of the report to which the question refers. Following the Government decision that a carbon tax would not be an appropriate policy option for the purpose of achieving greenhouse gas emissions reductions, alternative policy options are being examined in the context of the review of the national climate change strategy.

Archaeological Sites.

Jack Wall

Ceist:

617 Mr. Wall asked the Minister for the Environment, Heritage and Local Government the position in relation to Government plans to purchase the Great Blasket Island; the exact cultural importance of the island; his plans to develop the island as a cultural centre or to maximise its cultural significance; and if he will make a statement on the matter. [28315/05]

On 6 July 2005, the Government approved the early purchase of the majority of land interests on An Blascaod Mór for €1.7 million to be provided from within the existing heritage capital allocation of my Department. The Office of Public Works is currently engaged in ongoing negotiations for this purpose and it is expected these will be completed in 2006. The future promotion and management of the island will also be a matter for the OPW.

The cultural importance of An Blascaod Mór is well acknowledged and has been reaffirmed in a number of reports and documents and plans. These identify the Irish language, the richness of the Island's folk culture, the unique tradition of islanders writing about their lives in their native language while still living there, and the many books published about the island, the islanders, their literary achievements and their lifestyle as contributing to its overall cultural significance. The island has also made a significant impact on Ireland's cultural heritage, and the islanders' published works are of great anthropological value.

In addition to its unique importance as a repository of a distinctive cultural tradition, An Blascaod Mór is a maritime habitat of international importance and contains important built heritage remains of historical, cultural and archaeological value. The continued use of the island for agriculture, for research and as a visitor attraction will be supported, subject to the requirements of conserving the island's unique character for future generations.

The future plans for the island include the conservation of the island's built and natural heritage as the physical manifestation of a distinctive cultural and literacy legacy and habitat of international importance, in line with best international practice in conservation; the promotion of access to, and awareness of, the island's national and international cultural significance; the assurance that adequate facilities are in place on the island to cater for the reasonable expectations of visitors having regard to health and safety considerations, in the context of the difficult terrain and sensitive environment of the island; the maintenance of the island as a living entity, bound to the mainland community of Dún Chaoin.

Waste Management.

Jan O'Sullivan

Ceist:

618 Ms O’Sullivan asked the Minister for the Environment, Heritage and Local Government the actions he has taken to encourage and assist with reduction, recycling and reuse of waste in schools; and if he will make a statement on the matter. [27675/05]

My Department has supported the green schools programme for schools since 2000.

The green schools programme is the implementation in Ireland of an international environmental education programme known as eco-schools, a programme of the foundation for environmental education, FEE. FEE is an organisation founded to raise awareness of environmental issues through education. In Ireland the programme is administered by An Taisce, the National Trust for Ireland.

Green schools was first launched in Ireland in 1997. At present 2,103 schools are participating in the programme with 651 schools having successfully raised the green flag. Green schools is a themed programme with schools initially working through the requisite steps for waste and litter. Subsequent themes include energy, water, transport, biodiversity and healthy living. An Taisce indicates that Irish schools that successfully implement the programme for waste and litter divert on average 60% of their waste from landfill.

My Department has given the following grant assistance to An Taisce specifically for the green schools programme: €10,158 in 2000 for production of a green schools video; €400 in 2002 towards the cost of attendance at an international conference on green schools; €25,000 in 2004 towards the cost of organising an international eco schools meeting; €25,000 in 2004 for computer equipment.

I have recently allocated a further €50,000 in support funding this year and will review the possibility of further funding in 2006 and future years.

In addition to my Department's support for the green schools programme, since 2003 ENFO, my Department's environmental information service, has been improving the availability of ENFO services outside the greater Dublin area by means of the ENFO on tour initiative. Schools and community groups which cannot easily visit the ENFO premises in St. Andrew Street for lectures and workshops, are now able to avail of visits from a group of young graduates who travel throughout the country to give ENFO environmental workshops. To-date, 950 primary and secondary schools covering about 150,000 students outside the Dublin area have participated in the ENFO on tour workshops. Workshop themes have covered ecosystems, waste management and global warming.

Water and Sewerage Schemes.

Jim O'Keeffe

Ceist:

619 Mr. J. O’Keeffe asked the Minister for the Environment, Heritage and Local Government if he will sanction a request from Cork County Council for an upgrade to a waste water treatment plant (details supplied) in the next water services investment programme. [30466/05]

The Macroom sewerage scheme was included as a proposal for the period 2007 to 2012 in the list of water and sewerage schemes submitted by Cork County Council for its southern division in response to my Department's request to all local authorities to undertake fresh assessments of the needs for capital works in their areas and to prioritise their proposals on the basis of the assessments. The assessments were taken into account in the framing of the Water Services Investment Programme 2004-2006 published in May 2004. Having regard to the rating afforded to the scheme by the council, it was not possible to include it in the programme.

Seán Ryan

Ceist:

620 Mr. S. Ryan asked the Minister for the Environment, Heritage and Local Government if he has any record of an application from Fingal County Council in respect of the Jordanstown-Brennan’s Cross sewerage scheme, County Dublin; and if so, the position regarding same. [30469/05]

My Department has no application from Fingal County Council in this case nor was such a proposal included in the most recent list of water and sewerage schemes submitted by the council in response to the Department's request to all local authorities to undertake fresh assessments of the needs for capital works in their areas and to prioritise their proposals on the basis of the assessments. The assessments were taken into account in the framing of the Water Services Investment Programme 2004-2006 published in May 2004.

Question No. 621 answered with QuestionNo. 142.
Question No. 622 answered with QuestionNo. 138.

Local Government.

John Perry

Ceist:

623 Mr. Perry asked the Minister for the Environment, Heritage and Local Government the steps he is taking to improve partnership between councils to improve services as promised in his address to AMAI in September 2005; and if he will make a statement on the matter. [30344/05]

Quality customer service delivered in an efficient and effective manner is a core principle of the local government modernisation programme. In this context, close links and a partnership approach between town and county councils, and local authorities generally, are important to facilitate integrated service delivery and better meet the needs of communities.

My Department has supported this partnership approach through, for example, the provision of funding for one-stop-shop facilities, and encouraging greater links, and the sharing of services, between county and town authorities. I will continue to support initiatives which seek to enhance efficiency and effectiveness in the delivery of integrated local authorities services.

Waste Management.

Dinny McGinley

Ceist:

624 Mr. McGinley asked the Minister for the Environment, Heritage and Local Government if he is satisfied that the system under which Repak is constituted and waste producers pay a fee to join is the best way to deal with the ever worsening waste crisis; and if he will make a statement on the matter. [30348/05]

Ciarán Cuffe

Ceist:

649 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the fact that the fees of Repak have increased by more than 20% in the past two years. [30576/05]

I propose to take Questions Nos. 624 and 649 together.

Ireland has a successful record in meeting EU targets for recovery of packaging waste. Directive 94/62/EC on packaging and packaging waste is based on the principle of producer responsibility, which is intended to require producers to contribute to the waste management costs of products which they have placed on the market at end-of-life. Under the directive, Ireland was required to achieve a 25% recovery rate of packaging waste by 1 July 2001, increasing to a 50% recovery rate by 31 December 2005, with a minimum of 25% to be achieved by recycling, including a minimum 15% recycling rate for each type of packaging material. The directive is transposed into national legislation by the Waste Management (Packaging) Regulations 2003, as amended, which replaced earlier regulations introduced in 1997.

Under the regulations, major producers of packaging waste — that is, manufacturers, importers, distributors, wholesalers and retailers, representing all participants in the packaging chain, who place more than 25 tonnes of packaging on the market each year and who have an annual turnover exceeding €1 million excluding VAT — are required to take steps individually to recover their packaging waste, that is, self-compliance, or alternatively to contribute to, and participate in, compliance schemes set up to recover packaging waste.

Repak Limited was established by Irish industry in 1997 as a not-for-profit organisation to promote, co-ordinate and finance the collection and recovery of packaging waste with a view to achieving Ireland's packaging waste recovery and recycling targets under the directive and is the only such approved compliance scheme in Ireland. Repak membership income is used to subsidise the collection of packaging waste from both the household and commercial sectors. In the household sector, subsidy is provided towards the collection of packaging waste from bring banks and civic amenity recycling centres, as well as segregated kerbside collection of packaging waste from households. More than 560,000 households, approximately 42% of all households nationally, are now served by segregated collection.

Repak has reported consistent progress since 1997 and in 2001 Ireland met the 25% packaging waste recovery target required by the directive. The EPA has reported in its National Waste Database Interim Report for 2003, published in December 2004, that packaging waste recovery has increased to an estimated 42% in that year, indicating that Ireland is on course to meet the higher recovery and recycling targets for end 2005.

The significant increase in packaging waste collected for recycling in recent years to meet the higher targets for 2005 required under the directive has resulted in increased subsidy payments by Repak to waste collectors. In light of this, Repak has increased its membership fees by an average of 7% in 2004 and an average of 19% in 2005. The setting of Repak membership rules and associated membership fees are a matter for the board of Repak and its senior management.

Tax Code.

John Perry

Ceist:

625 Mr. Perry asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the fact that the United Kingdom cited an increase in the purchase of plastic bin liners as a reason not to levy a plastic bag tax in that country; if his further attention has been drawn to the increase in the purchase of such plastic products since the introduction of the tax; and if he will make a statement on the matter. [30349/05]

The 15 cent levy on plastic bags, as provided for in the Waste Management (Environmental Levy) (Plastic Bag) Regulations 2001, which took effect on 4 March 2002, applies to all plastic bags supplied to customers at the point of sale to them for the conveyance of goods or products. Prior to the introduction of the levy, an estimated 1.2 billion disposable plastic shopping bags, the majority of which were imported, were given away free by retailers. The levy has led to a dramatic reduction in their consumption with a consequent positive environmental benefit.

An Irish manufacturer of plastic bin liners has been quoted as stating that its sales have increased substantially since the introduction of the levy. This would have been expected, as plastic shopping bags would have had an obvious subsidiary use in the domestic bin. The point of the levy, however, was to change consumer behaviour which was contributing to a visible litter problem. This objective has been achieved. The most recent survey data available from the national litter pollution monitoring system shows that in 2004 plastic bags constituted approximately 0.22% of litter pollution nationally, compared with an estimated 5% prior to the introduction of the levy.

EU Directives.

Denis Naughten

Ceist:

626 Mr. Naughten asked the Minister for the Environment, Heritage and Local Government the status of the implementation of the nitrates action programme; and if he will make a statement on the matter. [30350/05]

Ireland's national action programme under the nitrates directive was formally submitted to the European Commission on 29 July 2005. Earlier this month I issued a consultation paper together with the text of draft regulations to give legal effect to the action programme. Copies have been placed in the Oireachtas Library. Submissions and comments on the draft regulations have been requested by 4 November. Following consideration of any comments etc. received, I envisage that the regulations will be made by end November 2005 and the programme will be implemented on a phased basis from 1 January 2006.

Library Projects.

Phil Hogan

Ceist:

627 Mr. Hogan asked the Minister for the Environment, Heritage and Local Government the extent of the roll-out of the Lifesteps programme; the number of public libraries in which it is available; the number in which it will eventually be available; the timescale for this roll-out; and if he will make a statement on the matter. [30353/05]

The Lifesteps initiative, which I launched on 3 October 2005, enables people to use the Internet for major life events through on-line and paper-based guides. It will be promoted across the country through the 32 library authorities and their 374 information points — 345 branch libraries and 29 mobile libraries — between now and the end of the year. The 17 guides published so far have been delivered to all 32 library authorities and each of their branches will have copies available to their library users before the end of October. Six more guides will be produced by the end of the year. The website, www.lifesteps.ie, has been live since the beginning of October and it is available in all public libraries and can be accessed by an Internet user. Marketing material such as bookmarks, mouse mats and posters will also be distributed to all library branches in the next couple of weeks by An Chomhairle Leabharlanna.

Local Authority Housing.

Pádraic McCormack

Ceist:

628 Mr. McCormack asked the Minister for the Environment, Heritage and Local Government the number of local authority dwellings that lack central heating facilities; and if he will make a statement on the matter. [30356/05]

Details of the number of local authority dwellings without a central heating system at 31 December 2004 have been requested from local authorities. On the basis of the returns received to date my Department estimates the number of such dwellings to be 36,000.

Environmental Policy.

Bernard Allen

Ceist:

629 Mr. Allen asked the Minister for the Environment, Heritage and Local Government the number of the 91 actions listed in the national biodiversity plan which have been implemented; and if he will make a statement on the matter. [30395/05]

My Department is finalising for publication an interim review of progress in implementing all actions under the national biodiversity plan. I expect to publish the review shortly.

Computerisation Programme.

Fergus O'Dowd

Ceist:

630 Mr. O’Dowd asked the Minister for the Environment, Heritage and Local Government the information technology initiatives undertaken by him since 1997; the consultants used in those initiatives; the projected cost; the actual cost; if the schemes are functional; and if he will make a statement on the matter. [30400/05]

The information requested is being compiled and will be communicated to the Deputy shortly.

Local Authority Structure.

Shane McEntee

Ceist:

631 Mr. McEntee asked the Minister for the Environment, Heritage and Local Government his views on whether the huge increases in the populations of counties close to Dublin necessitates the creation of new local authorities; and if he will make a statement on the matter. [30407/05]

The Local Government Act 2001 modernises the legislative framework, supports community involvement with local authorities in a more participative local democracy and underpins generally the programme of local government renewal including the position of county and city councils as the primary units of local government. The Act takes account of the recommendations of the 1996 report of the reorganisation commission, Towards Cohesive Local Government — Town and County, regarding improved accessibility, interaction and links for all towns and communities with their local county council as the way forward.

Part 17 of the Local Government Act 2001 provides that qualified electors of a town having a population of at least 7,500 as ascertained at the last preceding census and not having a town council may make a proposal for the establishment of such a council. Under the relevant provisions of the Act, a proposal to establish a town council is a matter for the local community in the first instance. I have met a number of vibrant community groups in the area mentioned, as well as initiating consultation with local government interests, in regard to the creation of new town councils and their prospective functional responsibilities under the Act.

Local authorities, as part of the local government modernisation programme, have extensive capacity to innovate and adapt to changing circumstances and local demands, including those of economic and population growth. I will keep the position under review with the aim of ensuring good accessible service delivery for all communities and population centres.

Waste Disposal.

Fergus O'Dowd

Ceist:

632 Mr. O’Dowd asked the Minister for the Environment, Heritage and Local Government if he will establish joint sludge management by a number of local authorities; and if he will make a statement on the matter. [30431/05]

The development of a regional approach to sludge management is supported by my Department, where appropriate. To date, five sanitary authorities have been involved in the development of two joint sludge management plans.

Town Twinning.

David Stanton

Ceist:

633 Mr. Stanton asked the Minister for the Environment, Heritage and Local Government his views on town and area twinning; the support he gives to such initiatives; his further plans for these initiatives; and if he will make a statement on the matter. [28340/05]

Section 75 of the Local Government Act 2001 provides that a local authority may enter into arrangements for the twinning of its administrative area or a part of it with any other area inside or outside the State. The decision to enter into such a twinning arrangement is a reserved function of the local authority concerned and my Department has no role in the process. I consider that appropriate twinning arrangements offer communities opportunities to promote tourism, industrial development and cultural exchanges with similar communities abroad. In addition it can foster understanding and co-operation between people in different countries and facilitate the implementation of joint projects in local government and other areas of mutual interest. The Institute of Public Administration, IPA, receives a budget each year from local authorities to keep them informed of new EU legislative developments and funding opportunities, which includes programmes such as twinning. In addition, the European Commission has funding available to assist local authorities and voluntary twinning committees relating to town-twinning activities as part of its programme to support active European citizenship. The IPA also provides advice and guidance to interested twinning applicants at home and abroad and has issued a comprehensive guide to town twinning in this regard.

Library Projects.

Fergus O'Dowd

Ceist:

634 Mr. O’Dowd asked the Minister for the Environment, Heritage and Local Government his proposals for a new library for Dunleer, County Louth; and if he will make a statement on the matter. [30470/05]

On 14 October 2005, I approved capital funding, up to a maximum of 75% of approved costs, for a branch library at Dunleer, County Louth. Further progression of the project is a matter for Louth County Council.

Archaeological Sites.

Fergus O'Dowd

Ceist:

635 Mr. O’Dowd asked the Minister for the Environment, Heritage and Local Government if he received the statutory two-month notice required from the developer concerned prior to the commencement of rock breaking and major excavation at Trim Castle. [30472/05]

My Department is not aware of a rock breaking or major excavation at Trim Castle. A planning application relating to the hotel development near Trim Castle was forwarded to my Department on 7 March 2003. It has been the practice in my Department to accept planning application referrals as the statutory notification required by section 12 of the National Monuments (Amendment) Act 1994.

Fergus O'Dowd

Ceist:

636 Mr. O’Dowd asked the Minister for the Environment, Heritage and Local Government if Trim Urban District Council sought his consent prior to its disposal to a developer of a site adjacent to Trim Castle for a hotel. [30473/05]

The site in question was disposed of in May 2002 in accordance with section 211(1) of the Planning and Development Act 2000. The question of ministerial consent under section 211(2) of the Act did not arise.

Architectural Heritage.

Fergus O'Dowd

Ceist:

637 Mr. O’Dowd asked the Minister for the Environment, Heritage and Local Government the response he has received from Dublin City Council to his request to protect and preserve 16 Moore Street, Dublin 1. [30474/05]

I refer to the reply to Question No. 413 of 12 October 2005.

On 25 August 2005, I recommended to Dublin City Council, in accordance with section 53 of the Planning and Development Act 2000, that 16 Moore Street should be added to their record of protected structures, RPS, because of its historical and architectural interest. The Dublin city manager subsequently informed me that the council had retained architectural and historical consultants to prepare a report to determine the significance of the building in both architectural and historical terms. This report will be crucial to the process of the council deciding to include the building on its RPS. The council has received a draft report and hopes to bring the proposal to add the building to the RPS to the council in December 2005 or January 2006. In the interim the city council has arranged for emergency works to be carried out by the building's owner to secure the building temporarily and make it watertight while its future is being decided. I am anxious that the necessary studies be finalised as soon as possible by the council so that an informed decision can be made about the building.

Water and Sewerage Schemes.

Dan Neville

Ceist:

638 Mr. Neville asked the Minister for the Environment, Heritage and Local Government the position regarding the provision of upgrading of a sewerage scheme at Kilmallock, County Limerick. [30495/05]

I refer to the reply to Question No. 1398 of 28 September 2005.

Jerry Cowley

Ceist:

639 Dr. Cowley asked the Minister for the Environment, Heritage and Local Government when the Ballina sewerage scheme will proceed in view of the development and building standstill in the town due to the lack of this scheme; his views on whether Mayo County Council is a long time waiting for the polluter pays report; when this report will be completed; when Mayo County Council will commence works in Ballina; when this scheme will be completed; the reason this scheme has taken so long; and if he will make a statement on the matter. [30499/05]

EU Directives.

Trevor Sargent

Ceist:

640 Mr. Sargent asked the Minister for the Environment, Heritage and Local Government if he has advised emanations of the State as to whether Directive 2003/4/EC has direct effect, notwithstanding the failure of the Government to transpose the directive within the prescribed timeframe. [30502/05]

The extent to which Directive 2003/4/EC in relation to access to information on the environment might be said to have direct effect is not clear, especially since transposition of certain significant provisions is discretionary. Work is continuing in my Department with a view to transposing the directive as soon as possible.

Departmental Expenditure.

John Deasy

Ceist:

641 Mr. Deasy asked the Minister for the Environment, Heritage and Local Government the amount spent by his Department in bringing into effect the provisions of the Official Languages Act 2003. [30537/05]

The total amount spent by my Department in bringing into effect the provisions of the Official Languages Act 2003 is €11,277 in respect of the publication of notices under section 13 of the Act. Notices were placed in six publications viz. the Irish Independent, The Irish Times, Irish Examiner, Irish Daily Star, Foinse and Lá. My Department has been included in the first tranche of public bodies required to produce an Irish language scheme under the Official Languages Act 2003. Our scheme took effect in August 2005. Prior to the enactment of the legislation, my Department was already making available Irish versions of publications such as the Department’s statement of strategy and annual report, and providing replies to correspondence in the language in which it was received. Accordingly, the Act in these areas involves no extra costs for my Department.

Local Authority Housing.

John McGuinness

Ceist:

642 Mr. McGuinness asked the Minister for the Environment, Heritage and Local Government the funding drawn down to date by Kilkenny Borough Council for the regeneration and refurbishment scheme (details supplied) in County Kilkenny; if work on the 26 houses which was to commence under the scheme in April 2005 had started and the cost of same; if he has been given a timeframe for completion of the scheme; if Kilkenny Borough Council has breached the minimum standard set by his Department to which local authority accommodation will be maintained; if a progress report on the overall costs is available; and if he will make a statement on the matter. [30553/05]

A total of €1.1 million in capital funding has been provided to date to Kilkenny Borough Council for refurbishment work to houses in Ossory Park. My Department understands that work to 15 houses has been completed with work to a further four houses due for completion shortly. The next phase of the refurbishment involves the redevelopment of part of Ossory Park known as Lower Street. It is understood that the borough council is finalising its proposals for this phase following consultation with the residents. According to the borough council, the proposed works will include external works to a number of houses, environmental works and the demolition of some houses coupled with the construction of a number of new houses. The borough council intends to seek the necessary planning approval for this next phase before the end of 2005. It is not possible at this stage to indicate when construction work would commence on this phase of refurbishment. The borough council is also considering outline proposals for the redevelopment of the Top Street area but no details are available in the Department of the extent of proposed works. The management and maintenance of local authority rented dwellings is a matter for individual local authorities.

Question No. 643 answered with QuestionNo. 151.

Catherine Murphy

Ceist:

644 Ms C. Murphy asked the Minister for the Environment, Heritage and Local Government the number of expected house completions on a county basis in 2005; the number which will be directly built by local authorities; the number which will be delivered by the voluntary sector; and if he will make a statement on the matter. [30565/05]

Bernard J. Durkan

Ceist:

673 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government the number of local authority houses built and allocated to tenants in County Kildare to date in 2005; and if he will make a statement on the matter. [30627/05]

Bernard J. Durkan

Ceist:

678 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government the number of houses built and allocated by each local authority in the past 12 months; and if he will make a statement on the matter. [30632/05]

Bernard J. Durkan

Ceist:

679 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government if he is disappointed at the poor performance in respect of the public housing programme, in view of the number of applicants on local authority housing lists which have not diminished; and if he will make a statement on the matter. [30633/05]

I propose to take Questions Nos. 644, 673, 678 and 679 together.

Detailed information on the number of local authority houses completed or acquired in 2004 and for the first six months of 2005 is available in the quarterly and annual housing statistics bulletins published by my Department, copies of which are available in the Oireachtas Library and on the Department's website at www.environ.ie. It is anticipated local authorities will complete or acquire approximately 5,500 units in 2005 including completions under various regeneration programmes. It is also expected the voluntary sector will complete 1,600 units in 2005. Detailed information on an individual local authority basis will be available in due course in the 2005 annual housing statistics bulletin.

The number of houses completed or acquired by the three local authorities in County Kildare for the first six months of 2005 is set out in the following table:

Local Authority

Houses completed/ acquired to end June, 2005

Kildare County Council

23

Athy Town Council

7

Naas Town Council

0

These figures for Kildare local authorities do not include casual vacancies which arise from time to time and are let to households on the waiting lists. In addition, 357 housing units were under construction by both the Kildare local authorities and voluntary bodies at the end of June.

I am confident the Government has put in place a number of new arrangements to facilitate the delivery of strong programmes of social and affordable housing. In consultation with my Department, local authorities have developed five-year action plans for their social and affordable housing programmes covering the period to 2008. The preparation of these plans has improved the identification of priority needs and will help to ensure a more coherent and co-ordinated response across all housing services. They also provided an overview of delivery by a range of providers — local authorities, voluntary and co-operative housing bodies and the private sector, through Part V and public private partnership arrangements.

A total of €2 billion is being made available for housing programmes in 2005 to further increase the output of social and affordable housing. It is anticipated that total social housing provision in 2005, including new local authority housing, vacancies arising in existing houses and output under other social housing measures, will meet the needs of in excess of 13,000 households.

Register of Electors.

Ciarán Cuffe

Ceist:

645 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government his plans to extend the voting franchise for election to Dáil Éireann to citizens living abroad for a period of up to five years. [30570/05]

The compilation of a register of electors is a matter for the appropriate registration authority in accordance with electoral law. To be able to vote at elections and referenda in this jurisdiction, a person's name must be entered in the register of electors for a constituency in the State in which the person ordinarily resides. Subject to this primary requirement, the person's citizenship then determines the polls at which he or she is entitled to vote. Irish citizens who are registered to vote may vote at all polls. British citizens may vote at Dáil, European and local elections; EU citizens, other than Irish and British citizens, may vote at European and local elections; and non-EU citizens may vote at local elections only.

Postal voting is provided for in respect of certain categories of person as specified in electoral law. The Electoral Act 1992 provides for postal voting for members of the Garda, whole-time members of the Defence Forces and Irish diplomats serving abroad and their spouses. Subsequent legislation enacted by the Oireachtas has extended postal voting to other categories, including electors living at home who are unable to vote because of a physical illness or disability under the Electoral (Amendment) Act 1996; electors whose occupation, service or employment makes it likely that they will be unable to vote in person at their local polling station on polling day under the Electoral Act 1997; full-time students registered at their home who are living elsewhere while attending an educational institution in the State under the Electoral Act 1997; and election staff employed at the poll outside the constituency where they reside under the Electoral (Amendment) Act 2001.

The question of voting rights for Irish citizens living abroad has been considered in detail on a number of occasions, most recently by the All-Party Oireachtas Committee on the Constitution in its examination of Parliament. With regard to emigrant participation in political life, the seventh progress report of the committee, published in March 2002, concluded that the right to vote in Dáil elections should remain confined to citizens ordinarily resident in the State and that the right to vote at referenda should not be granted to emigrants. While electoral law is subject to ongoing review, there are no proposals to alter the existing arrangements along the lines referred to in the question.

Environmental Policy.

Ciarán Cuffe

Ceist:

646 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government if he will identify the source of the figures that he used to claim (details supplied) that Ireland’s insulation standards for new dwellings are among the highest in the European Union; and if he will make a statement on the matter. [30573/05]

Data cited in my press statement of 6 April 2005 were contained in a report on insulation levels and elemental heat energy loss, produced by the European Insulation Manufacturers Association, EURIMA.

Waste Management.

Ciarán Cuffe

Ceist:

647 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government the number of companies or organisations which have applied to become approved bodies under sections 16 and 17 of Part IV of the Waste Management Act 1996 (Packaging) Regulations 1997-2003. [30574/05]

Directive 94/62/EC on packaging and packaging waste is premised on the principle of producer responsibility which requires waste producers to contribute to the waste management costs of products which they have placed on the market at end-of-life. Practical implementation of the directive in Ireland is by way of a producer responsibility initiative, underpinned by the Waste Management (Packaging) Regulations 2003, as amended, which replaced earlier regulations introduced in 1997. These regulations provide the necessary legal framework to facilitate the recovery and recycling of packaging waste in Ireland.

Under the 2003 packaging regulations, all producers participating in the placing of packaging on the Irish market must segregate the packaging waste arising on their own premises into specified waste streams and have it collected for recycling by authorised recovery operators. In addition, major producers, that is, those who have an annual turnover in excess of €1 million and who place more than 25 tonnes of packaging on the Irish market have additional responsibilities with regard to the recovery of packaging waste from their customers.

Major producers have the option of either complying directly with their producer responsibility obligations, that is, self-compliance, or alternatively, getting an exemption from those requirements by becoming a member of a packaging waste compliance scheme. Repak Limited, established by domestic industry in 1997 to promote, co-ordinate and finance the collection and recovery of packaging waste with a view to achieving Ireland's packaging waste recovery and recycling targets under Directive 94/62/EC on packaging and packaging waste, is the sole approved compliance scheme for the recovery of packaging waste in Ireland. Approval issued to Repak Limited under article 15 of the Waste Management (Packaging) Regulations 1997. No formal applications were received under article 14 of the Waste Management (Packaging) Regulations 1997 from companies seeking approved body status to operate a packaging waste recovery scheme nor have formal applications been received under the article 16 of the current Waste Management (Packaging) Regulations 2003, as amended.

Ministerial Appointments.

Ciarán Cuffe

Ceist:

648 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government when he intends to fill the vacancy of the chair of Comhar, the National Sustainable Development Partnership. [30575/05]

Preparations for the appointment of new council members and a chair for Comhar, the National Sustainable Development Partnership, are well advanced and I expect to complete the process in the near future.

Question No. 649 answered with QuestionNo. 624.

Recycling Policy.

Ciarán Cuffe

Ceist:

650 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government his views on whether subsidising recycled packaging material might create a financial incentive for proactive companies to use recycled packaging instead of one-trip packaging. [30577/05]

Prevention and minimisation of packaging waste is an increasingly important objective of the waste management strategy. Directive 2004/12/EC amending the original Directive 94/62/EC on packaging and packaging waste introduces a new increased packaging waste recovery target of 60%, with 55% by way of recycling, including material specific recycling targets for glass 60%, paper or board 60%, metals 50%, plastics 22.5% and wood 15% which in the case of Ireland have to be achieved by 2011. In October 2004, I established the National Strategy Group on Packaging Waste Recycling, involving the key public-private stakeholders such as Repak, IBEC, producers, waste collectors, reprocessors, local authorities and my Department to develop an appropriate strategy to facilitate the achievement of the challenging 2011 packaging waste recovery or recycling targets required under the amending directive on packaging and packaging waste.

In accordance with the waste hierarchy, I am of the view that the proposed six year strategy should address the fundamental issues of waste prevention, minimisation and reuse. I have asked that the draft strategy address this issue. In particular, I have indicated that I will consider making a contribution from the environment fund towards trials to develop innovative packaging systems designed to reduce the amount of packaging and food waste arising in the household waste stream. These trials will be aimed at innovative improvements which will not only target a reduction in the amount of packaging on specified products but will examine the feasibility of increasing the amount of recycled material used in the manufacture of new packaging.

Waste Management.

Ciarán Cuffe

Ceist:

651 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the end destination of all packaging collected under a scheme (details supplied). [30578/05]

Repak Limited was established by Irish industry in 1997 to promote, co-ordinate and finance the collection and recovery of packaging waste with a view to achieving Ireland's packaging waste recovery and recycling targets under the directive and is the only such approved compliance scheme in Ireland. Repak membership income is used to subsidise the collection of packaging waste from both the household and commercial sectors for the purposes of recycling.

The export of waste is regulated by local authorities in accordance with Council Regulation (EEC) No. 259/93, as amended, which provides for a system of supervision and control to apply to shipments of waste within, into and out of the territory of the European Union. Under Regulation 259/93 a distinction is made between waste which is destined for final disposal, such as landfill, or for recovery or recycling. For waste which is specifically destined for recovery, a further distinction is made between: green list waste, Annex II of the regulation; amber list waste, Annex III of the regulation; and red list waste, Annex IV of the regulation.

Waste on each of these lists is connected to a particular control procedure. Shipments of all waste destined for disposal, and shipments of hazardous and semi-hazardous waste destined for recovery, are subject to the requirement of prior written notification and consent. Shipments of non-hazardous waste, namely green list waste, typically clean segregated recyclable waste fractions destined for recovery are not subject to the procedure of prior written notification. Such shipments enjoy unhindered movement within the EU and are only subject to the general information requirement that they be accompanied by certain information and documentation.

Recycled packaging waste material is an internationally traded commodity. Purchasers acquire tonnes of material at a price, which is dependent on market conditions; the material may be for their own direct use or traded a number of times before it reaches the end recycler. I understand that Repak operates a comprehensive internal control programme whereby all claims for packaging waste recovery subsidy are accompanied by source and destination documentation. At least 50% of tonnes subsidised are independently audited by firms of registered auditors. I understand further that according to Repak's records, which are subject to annual scrutiny by the Environmental Protection Agency, an estimated 479,000 tonnes of packaging waste were subsidised and collected for recovery during 2004.

Ciarán Cuffe

Ceist:

652 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government his views on whether the European Court of Justice ruling in the Texaco v. Van De Walle case has implications for waste enforcement legislation here. [30579/05]

My Department is currently considering, in consultation with the EPA, the implications of this European Court of Justice ruling for our waste management policies and legislation. The advice of the Office of the Attorney General in the matter has also been sought.

Ciarán Cuffe

Ceist:

653 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government his plans to curtail the use of food macerators or grinders in domestic kitchens. [30580/05]

Under Article 5 of Directive 1999/31/EC on the landfill of waste, member states of the European Union are required to prepare and oversee the implementation of a national strategy on biodegradable waste which will set out measures to progressively divert biodegradable municipal waste away from landfill in accordance with specified targets over a fifteen year period.

In April 2004, Ireland's first draft national strategy on biodegradable waste, which was published for public consultation, set out a range of integrated measures designed to facilitate the achievement of these ambitious diversion targets. While the issue of food macerators or grinders, and the restriction of their use in domestic kitchens, is under consideration in the context of the draft national strategy on biodegradable waste, no final decisions have been taken in the matter. It is envisaged that the draft strategy will be finalised by end 2005.

Planning Issues.

Ciarán Cuffe

Ceist:

654 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the fact that large furniture outlets (details supplied) have been forced by London local authorities to reduce their store size and provide residential accommodation on the same site; and his views on whether this might have relevance for the development of sites in Ballymun or elsewhere. [30581/05]

While my Department monitors trends in planning policies, and their implementation, in the UK and elsewhere, I have no specific information about this particular case. I am aware from media reports that the company referred to has applied for planning permission for what it terms a smaller store of about 20,000 sq. m. laid out over three levels in London, which the company says will be first in a series of smaller stores in town centres across Britain. The company already operates a network of some 13 stores in the UK. Eight of these 13 stores are in excess of 20,000 sq. m. and all of them are in excess of 15,000 sq. m., more than double the size of the floorspace cap of 6,000 sq. m. which applied to retail warehouses in Ireland. Planning policies and their implementation in Ireland must be responsive to the circumstances here rather than the entirely different circumstances that may apply in another jurisdiction.

As regards the development of sites in Ballymun or elsewhere, 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 be subject to the statutory process for deciding planning applications.

Question No. 655 answered with QuestionNo. 138.

Coastal Protection.

Ciarán Cuffe

Ceist:

656 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government if he has allocated or intends to allocate funding to halt coastal erosion and remediate the old landfill site north of Bray Harbour; the works already undertaken to address this issue; and if he will make a statement on the matter. [30583/05]

I understand that a report has been prepared on the results of trial pit excavations on this site by Wicklow County Council. This has now been sent to Dun Laoghaire Rathdown County Council for its consideration also, as the facility affects both functional areas. Both authorities are then expected to meet to consider possible options in relation to the site. Generally, the costs associated with remedial measures in respect of closed landfills are a matter for the former operators of the facilities concerned.

Question No. 657 answered with QuestionNo. 121.

Social and Affordable Housing.

Ciarán Cuffe

Ceist:

658 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government if his views, in keeping with the National Anti-Poverty Strategy, coincide with those of local authorities with regard to the setting of targets for the maximum time that households can expect to spend on the waiting lists for social housing; and if he will make a statement on the matter. [30586/05]

It is anticipated that the results of the most recent assessment of need for social housing which was carried out in March 2005 will be published shortly. In the light of the results of the assessment my Department will be examining the extent and nature of need and how the needs of households can best be met from the range of targeted social and affordable housing measures that are available.

In consultation with my Department, local authorities have developed five-year action plans for their social and affordable housing programmes covering the period to 2008. The preparation of these plans has improved the identification of priority needs and will help to ensure a more coherent and co-ordinated response across all housing services. They have also provided an overview of delivery by a range of providers local authorities, voluntary and co-operative housing bodies and the private sector, through Part V and public private partnership arrangements. Some €2 billion is being made available for housing programmes in 2005 to further increase the output of social and affordable housing.

Overall, in 2005, it is anticipated that total social housing provision including new local authority housing, vacancies arising in existing houses and output under other social housing measures will meet the needs of in excess of 13,000 households.

Wildlife Conservation.

Ciarán Cuffe

Ceist:

659 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government if he will report on the efforts his Department is taking to bring an end to the slaughter of whale; and if he will make a statement on the matter. [30587/05]

There are a number of measures in place to protect whales in Irish waters. Under the Whale Fisheries Act 1937, the catching or treating of whales by any ship within the exclusive fishery limits of the State is prohibited. In 1991 Ireland declared all our seas a whale and dolphin sanctuary as a further indication of our commitment to conserve and protect these species.

At the international level, Ireland has adhered to the International Convention on the Regulation of Whaling since 1985 and is a member of the International Whaling Commission, which oversees this convention. At the 57th meeting of the International Whaling Commission in June 2005, Ireland supported a number of decisions that clearly demonstrate my Department's views and the Government's views on hunting of whales. These decisions include rejection of a proposal to remove the ban on commercial whaling; rejection of a proposal for a new scientific research programme by Japan in the Antarctic, which intends to double the take of minke whales to over 5,000, and also to take 220 fin and 200 humpback whales, over the next six years; rejection of a proposal to abolish the Southern Ocean Sanctuary, which was established by the International Whaling Commission in 1994; and support for the creation of a south Atlantic sanctuary for whales.

Archaeological Sites.

Ciarán Cuffe

Ceist:

660 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government if he is satisfied with his Department’s role in the archaeological investigation of the Woodstown site in County Waterford; the steps he is taking to preserve and display the site; and if he will make a statement on the matter. [30588/05]

On 11 May 2005, I issued directions requiring the protection of the Viking site at Woodstown and announced the establishment of a working group to advise on the long-term strategy to preserve and manage the site. Security arrangements are in place to preserve the integrity of the site.

Subsequently nominees for the working group were sought and received from the National Museum of Ireland, the National Roads Authority, Waterford City Council and the Heritage Council. Mr. Maurice Hurley, Cork city archaeologist has agreed to participate and senior staff in my Department will also be represented.

The preliminary report on the archaeological investigations carried out from March to October 2004 was received in my Department only last week. A copy of the report will be forwarded to the nominees shortly with a view to scheduling the first meeting shortly.

EU Directives.

Ciarán Cuffe

Ceist:

661 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government if he will report on all actions taken by the European Court of Justice against the Government with regard to European directives that fall under his Department’s remit; and if he will make a statement on the matter. [30589/05]

There have been nine judgments against Ireland delivered by the European Court of Justice, which relate to areas for which my Department has responsibility. The Commission has indicated that another five cases are being referred to the court and four cases are before the court for a hearing. The Community legislation involved in these cases includes directives on environmental impact assessment, habitats, waste, waste water treatment, nitrates, drinking water quality, ground water, wild birds, dangerous substances and end-of-life vehicles; and a regulation on ozone depleting substances.

On foot of any judgment against it by the European Court of Justice, the member state concerned must take the necessary steps to satisfy the judgement. Failing this, it is open to the European Commission to apply to the court for the imposition of financial penalties on the member state concerned. No such penalties have been imposed in relation to cases involving Ireland and my Department is working intensively, in conjunction with the local authorities and other relevant agencies, to ensure that all outstanding judgments are satisfied so as to avoid the possibility of penalties in the future.

Nuclear Safety.

Ciarán Cuffe

Ceist:

662 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government if he will report on the action he has taken in view of the rupture in the sea discharge pipe on 15 September 2005 at the Sellafield nuclear complex; when the Radiological Protection Institute of Ireland was informed of the incident; when he was informed of the incident; and the statements he made on the matter and when. [30590/05]

On 15 September 2005, British Nuclear Group discovered a small leak in one of the marine discharge pipelines at Sellafield. This particular pipeline is 2.5 km. in length and the leak occurred 500 m. out to sea.

My Department was advised of this incident on 16 September in accordance with the established procedures for the exchange of information in relation to such incidents, which were agreed between Ireland and the United Kingdom in December 2004. The Radiological Protection Institute of Ireland was also advised by its UK regulatory counterpart on that date. The UK Environment Agency and BNG carried out an immediate investigation into this incident during which use of the pipeline was suspended. Ultimately, no radiation abnormalities were detected and the incident was deemed minor with negligible impact. These findings were confirmed by the institute and there were no adverse implications for Ireland.

While this incident was clearly minor in nature, when viewed in conjunction with the major incident at the THORP plant last April, it presents continuing evidence of a facility where safety is being compromised on a regular basis. During my meeting with Mr Alan Johnson MP, UK Secretary of State at the Department of Trade and Industry in London last week, I reiterated that this trend is completely untenable from the Irish Government's perspective and provides further justification for Irish concerns regarding the threat posed by Sellafield. I remain firmly resolved to continue to pursue every diplomatic and legal route available to me to press for the safe closure of the plant.

Environment Fund.

Ciarán Cuffe

Ceist:

663 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government if he will give details of the amounts raised in each year from the environment fund; the detailed breakdown of the projects financed by the fund; and if he will make a statement on the matter. [30591/05]

The environment fund is used to support a wide range of waste management, litter and other environmental initiatives as provided for in section 74(9) of the Waste Management Act 1996, as inserted by section 12 of the Waste Management (Amendment) Act 2001 and the Waste Management (Environment Fund) (Prescribed Payments) Regulations 2003. Total receipts on a cash basis in each year into the environment fund since its establishment are set out in the following table:

€m

2002

19.940

2003

41.917

2004

39.092

2005 to date

35.145

Total

136.094

To date a total of €87.058 million has been spent from the environment fund on a wide range of activities, detailed as follows:

€m

Waste Management Infrastructure and the subvention of Local Authority Recycling Operational Costs

42.356

Management Infrastructure and the subvention of Local Authority Recycling Operational Costs; Bottom of Form Environment Awareness, including the Race Against Waste campaign, and various litter initiatives

10.677

Enhanced waste management enforcement initiatives currently being taken by local authorities and the Office of Environmental Enforcement (OEE)

11.936

National Waste Prevention and Market Development Programmes

0.283

North-South matters including the Scheme for the Management of Waste Fridges and Freezers

0.754

Research & Development in the Environmental Protection Agency

9.250

Contributions to International Environment FundsContributions to International Environment Funds. Contributions to International Environment Funds. Bottom of Form

6.982

Activities relating to Air Quality and Climate Change

0.548

Environmental levy operational costs

2.643

Miscellaneous — Printing, Publishing Etc.

0.312

Producer Responsibility Initiatives

0.533

Activities relating to Sustainable Development

0.413

Activities relating to Water Quality

0.371

Total

87.058

Further commitments totalling some €53 million will arise under the above activities.

Environmental Policy.

Ciarán Cuffe

Ceist:

664 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government if he intends to introduce any regulations or a guidance manual for planning authorities to ensure that hedgerows are protected in development plans; and if he will make a statement on the matter. [30592/05]

It is Government policy to enhance biodiversity throughout the countryside and to maintain and enhance the populations of flora and wild fauna in Ireland. In this context, it is an offence under section 40 of the Wildlife Act 1976, as amended by section 46 of the Wildlife (Amendment) Act 2000, to cut, grub, burn or otherwise destroy any vegetation growing in any hedge or ditch during the period beginning on 1 March and ending 31 August. There are certain exemptions from the restrictions, including exemptions for works carried out by a statutory body for reasons of public health or safety. Under the REPS, hedgerow maintenance is not allowed from late February to the end of August.

Section 10(2)(c) of the Planning and Development Act 2000 provides that a development plan shall include objectives for the conservation and protection of the environment including, in particular, the archaeological and natural heritage. Under Part IV of the First Schedule to the Act, a development plan may also include objectives relating to protecting features of the landscape which are of major importance for wild fauna and flora, preserving and protecting flora, fauna and ecological diversity and preserving and protecting trees, shrubs, plants and flowers.

It is my intention to publish shortly for consultation draft guidelines for planning authorities to assist them in the preparation of development plans. The guidelines will indicate that the objectives and policies incorporated in development plans should seek to minimise the loss of features such as hedgerows and provide where possible for their replacement. On 13 April this year under section 28 of the Planning and Development Act 2000 I issued guidelines for planning authorities on sustainable rural housing. The guidelines, which local authorities must have regard to in making or review their development plans and deciding planning applications, provide that the removal of existing road side boundaries, including hedgerows, should be avoided if at all possible, except to the extent necessary to provide a new entrance, with safe access to and from the adjoining road.

Departmental Records.

Ciarán Cuffe

Ceist:

665 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government if he has any meaningful breakdown of the data obtained from inspections for compliance with building regulations and fire safety certification and he is satisfied that adequate enforcement is occurring. [30593/05]

Responsibility for the enforcement of the building regulations is a matter for the 37 local building control authorities. Statistics furnished by local building control authorities for 2004 show that 56 enforcement notices were served by building control authorities for non-compliance with the building regulations; and 41 prosecutions were initiated. The relevant statistics do not give a breakdown of the outcome of inspections in terms of non-compliance with specific parts — A to M — of the regulations.

The agreed national target for building control inspections is that each building control authority should inspect a minimum of 12% to 15% of buildings for which valid commencement notices are served on the authority. In 2004, 31 out of 37 authorities — 84% — achieved this target and I would hope that all authorities would achieve it by the end of 2005.

Greenhouse Gas Emissions.

Ciarán Cuffe

Ceist:

666 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government if he will give Ireland’s greenhouse gas emissions in percentage figures for comparison with 1990 for each year for which figures are available since 1990; the action the Government intends to take to ensure compliance with the Kyoto Protocol by the period 2008 to 2012, and other commitments made at European level for the years 2030 and 2050. [30594/05]

Ireland's greenhouse gas emissions in millions of tonnes of CO2 equivalent and in percentage increases on 1990 values for each year to 2003 are set out as follows. These figures are taken from the latest available EPA annual national inventory report detailing greenhouse gas emissions across all sectors of the economy.

Year

Mt CO2

% Increase on 1990

%

1990

53.974

1991

54.853

1.6

1992

55.694

3.2

1993

55.392

2.6

1994

57.125

5.8

1995

58.181

7.8

1996

59.856

10.9

1997

62.652

16.1

1998

64.768

20.0

1999

66.889

23.9

2000

68.968

27.8

2001

70.742

31.1

2002

69.385

28.6

2003

67.554

25.2

As to action envisaged by the Government to ensure compliance with the Kyoto Protocol and other commitments made at European level, I refer to the reply to Question Nos. 138, 157, 171, 197, 622, 655 and 682 of today.

Social and Affordable Housing.

Ciarán Cuffe

Ceist:

667 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government when the social housing investment targets set out in the national development plan will be achieved; and if he will make a statement on the matter. [30595/05]

Investment on housing under the national development plan in the period 2000 to 2004, at €6.86 billion, was almost 8% ahead of NDP estimates. While output levels for social housing by the local authority and voluntary sector have been less than anticipated, record levels of completions have been achieved and the needs of 60,000 households have been met under a range of social and affordable housing measures. The shortfall in achieving output targets can be attributed to higher than anticipated unit costs.

The introduction of multi-annual capital investment programmes and the adoption of five-year action plans for social and affordable housing by local authorities provide a structured basis for the planning and delivery of all social and affordable housing programmes. It is planned to build up a programme of about 5,500 starts under the main local authority housing measure each year over the period of the local authority plans and substantial investment will continue to be made in regeneration projects. In addition, the voluntary and co-operative sector will continue to be supported as it increases and consolidates its contribution to the delivery of social rented accommodation.

Ciarán Cuffe

Ceist:

668 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government his plans to improve the quality and timeliness of his Department’s information on the extent and nature of housing need, including homelessness, for example, by tracking flows of persons in and out of homelessness and by reporting age, family status and other characteristics of persons who are homeless, to be a priority for his Department. [30596/05]

The most recent assessment of need for local authority housing took place at end March 2005. My Department is finalising the analysis of returns furnished by local authorities. I anticipate publishing the results shortly.

The 2005 assessment of need is more detailed than previously and requires local authorities to submit data in electronic format to the Local Government Computer Services Board, LGCSB, for input into a data warehouse. This will enable my Department to improve its analysis of aggregate data in respect of all households, including homeless households. It is also envisaged that a new IT system being developed for housing authorities will provide the Department with information on housing needs on a more regular and up to date basis in the future.

It is recognised that a comprehensive data system is essential to monitor progress in addressing homelessness. In response to this the Homeless Agency, in conjunction with homeless service providers in Dublin, developed the LINK system, with funding provided by my Department. The purpose of the system is to improve and develop services and service delivery to homeless persons to ensure they receive a continuum of care based on an accurate and up to date assessment of their needs.

The LINK system is intended to help the local authorities to formulate appropriate responses to the accommodation needs of homeless households and individuals. It also facilitates the identification of their non-accommodation requirements and provides a basis for the formulation of responses to their case and support needs by the statutory and voluntary agencies involved.

Ciarán Cuffe

Ceist:

669 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government the progress of the integrated information technology package for local authority housing departments being developed by the computer services board. [30597/05]

Following initial work on business process mapping and standard coding methods, a two-phase approach has been adopted for the integrated housing project. Consequently, an interim package to meet some of the housing needs of local authorities is being rolled out to all authorities, with the exception of Dublin City Council, which owing to the scale of its operations, has appointed a company to implement a system to meet its needs. A tender for a system to meet the complete housing needs of all other local authorities was issued earlier this year and is being evaluated. Following the evaluation of this tender, my Department will be consulting with the Department of Finance and decisions will then be taken on progressing the project.

Question No. 670 answered with QuestionNo. 195.

Community Warden Scheme.

Bernard J. Durkan

Ceist:

671 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government if he will extend the community warden scheme operated by a number of local authorities and due to conclude on 31 January 2006; his views on the ongoing and increased need for the continuation of this scheme; and if he will make a statement on the matter. [30621/05]

There are five pilot local authorities operating the community warden service, Naas Town Council, Galway City Council, Galway County Council, Leitrim County Council and Wexford County Council. Following an independent review and evaluation of the pilot service in 2004, I decided that grant assistance of the pilots should continue for one more year. The question of the continuation and-or extension of the scheme will be definitively addressed following further examination of relevant staffing and other issues.

Regional Road Network.

Bernard J. Durkan

Ceist:

672 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government if he has provided funding directly or indirectly for the purpose of road re-alignment, improvement or replacement in respect of the route from Enfield to Edenderry; the full extent of public funding involved to date; and if he will make a statement on the matter. [30625/05]

The provision and improvement of non-national roads in County Kildare is a matter for Kildare County Council to be funded from its own resources supplemented by State grants. Kildare County Council is responsible for carrying out road improvements on the R402 road known as the Enfield to Edenderry road and, accordingly, the advancement of works on this road is a matter for the council. My Department is, however, providing grant assistance to the council towards the cost of road improvements on the R402 from Johnstownbridge to Kishawanny under the grant category strategic non-national roads. Under this grant category grant assistance is capped at a maximum of 75% of the estimated cost or 75% of the final cost of the scheme, whichever is the lesser. The balance of the cost is to be met by the local authority from its own resources. A maximum grant of €18,671,331 has been approved for road improvements on the R402 from Johnstownbridge to Kishawanny. My Department has provided grants totalling €836,277 to the end of 2004 to Kildare County Council for these works and the 2005 allocation to the council is €200,000, of which the council has, to date, claimed €63,165.

Question No. 673 answered with QuestionNo. 644.

Water and Sewerage Schemes.

Bernard J. Durkan

Ceist:

674 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government the extent to which water treatment plans funded by his Department through the local authorities have become a source of methane gas leakage; the areas of most serious leakage; his plans to address same; and if he will make a statement on the matter. [30628/05]

I understand that methane gas is not generated in the treatment of public water supplies.

Pollution Levels.

Bernard J. Durkan

Ceist:

675 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government the levels of dioxins or other pollutants on a county basis arising from recent reports in relation to dioxins; and if he will make a statement on the matter. [30629/05]

The most recent report, Dioxin Levels in the Irish Environment — Third Assessment, Summer 2004, based on levels in cows' milk, was issued by the Environmental Protection Agency on 18 October 2005. A 2004 national survey on which the report is based was carried out between late May and early July, during the peak outdoor grazing season. A series of milk samples was taken from representative regional dairies, 24 samples, including the north Kildare-west Dublin area, with additional samples taken from regions of more intensive industrial activities, 13 samples. The survey found that dioxin levels in Ireland in 2004 were 33% lower than in 1995 and 20% lower than in 2000, and confirmed that dioxin levels in Ireland remain among the lowest in Europe. A copy of the report is available in the Oireachtas Library.

Question No. 676 answered with QuestionNo. 121.

Local Authority Housing.

Bernard J. Durkan

Ceist:

677 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government the steps he will take to provide housing for persons living in private rented accommodation and in receipt of rent supplement; and if he will make a statement on the matter. [30631/05]

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, 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-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.

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 31 households transferred to the RAS in September 2005 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.

The RAS is an additional housing option and eligible persons can indicate their preference to be accommodated by local authorities under the RAS or social housing, or to be considered under both.

Questions Nos. 678 and 679 answered with Question No. 644.
Question No. 680 answered with QuestionNo. 121.

Environmental Policy.

Bernard J. Durkan

Ceist:

681 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government the number of air pollution monitoring points located throughout County Kildare; the extent to which modern technology is being used; if readings have given specific information of interest to his Department; and if he will make a statement on the matter. [30636/05]

Air quality assessment is the responsibility of the Environmental Protection Agency and air quality management a matter for local authorities informed by air quality measurement data. The extent of local air quality monitoring and the adequacy of monitoring equipment is a matter for the relevant local authority in the first instance and in consultation with the agency in the overall national context.

The Environmental Protection Agency Act (Ambient Air Quality Assessment and Management) Regulations 1999 designate the EPA as the competent body for assessing air quality in Ireland. This includes responsibility for ensuring, or causing to be ensured, that air quality monitoring equipment is accurate and checking, or causing to be checked, the maintenance of equipment accuracy, in particular by internal quality controls carried out in accordance with the requirements of European quality assurance standards, the analysis of assessment methods and co-ordination within the State of Community-wide quality assurance programmes organised by the Commission of the European Communities.

The EPA's Air Quality and Emissions to Air Report 2003 contains details of the monitoring and assessment of national air quality, and incorporates data from all air quality monitoring stations operated by the EPA and local authorities, including details for County Kildare. The report states that air quality in Ireland complied with the 2003 air quality standards then in force for all pollutants. The report is available in the Oireachtas Library, as is Kildare County Council's annual report on ambient air quality for 2003-04.

Neither Kildare County Council nor the EPA has drawn my attention to any particular issue in regard to air quality in County Kildare on the basis of the most recent data available to these bodies.

Question No. 682 answered with QuestionNo. 138.

National Development Plan.

Bernard J. Durkan

Ceist:

683 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government the extent to which the targets set by and for his Department in the national development plan are achievable on time; and if he will make a statement on the matter. [30638/05]

I refer to the reply to Questions Nos. 78, 81, 119, 131 and 268 of 9 February 2005.

In summary, I am satisfied my Department is making good progress overall in meeting the budgetary and output targets in the implementation of measures under the national development plan. While certain measures were slow to show progress initially, expenditure on, and output rates of, such measures have accelerated. I am confident this trend will continue for the remaining period of the national development plan.

All the NDP measures for which my Department is responsible are contained within the economic and social infrastructure operational programme, the regional operational programme for the southern and eastern region, and the regional operational programme for the BMW region. Progress under these programmes to end June 2005 will be reported shortly. The substance of these updated reviews of progress on the programmes will also be available shortly on the relevant websites —www.transport.ie, www.seregassembly.ie, and www. bmwassembly.ie.

Waste Management.

Bernard J. Durkan

Ceist:

684 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government if he has laid down criteria in respect of the location of landfill sites; and if he will make a statement on the matter. [30639/05]

The selection of locations for landfill sites is a matter for local authorities as part of their waste management planning role. All local authorities have made local and regional waste management plans which evaluate and identify the need for specific waste management infrastructure, and address considerations relevant to the location of facilities.

Landfills, and other significant waste management facilities, are subject to stringent physical planning and environmental licensing regimes which are the statutory responsibility of local planning authorities and-or An Bord Pleanála and, in the case of waste licences, the Environmental Protection Agency. The waste licensing system is intended to ensure the application of high environmental standards in relation to the development, operation, closure and aftercare of such facilities. There is a very high degree of transparency and public involvement in both the planning and licensing processes, and all relevant information, including any environmental impact assessment, is available to the public. The EPA has also published a series of manuals on the preparation, operation and aftercare of landfills.

Water and Sewerage Schemes.

Bernard J. Durkan

Ceist:

685 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government the position in relation to drainage requirements (details supplied) in County Kildare; if he has been in touch with Kildare County Council in this regard; and if he will make a statement on the matter. [30640/05]

The lower Liffey Valley sewerage scheme has been approved for construction in my Department's water services investment programme 2004-2006 at an estimated cost of €30 million. The scheme provides for sewer rehabilitation works at Mill Lane, Leixlip.

Kildare County Council's contract documents for the scheme are under examination in my Department and are being dealt with as quickly as possible. Approval of the contract documents will enable Kildare County Council to seek tenders for the scheme.

Seán Ó Fearghaíl

Ceist:

686 Mr. Ó Fearghaíl asked the Minister for the Environment, Heritage and Local Government if he is in receipt of submissions from Kildare County Council in respect of the provision of a new sewage treatment plant for Milltown, Newbridge, County Kildare; if he proposes to provide funding for the project; and if he will make a statement on the matter. [30645/05]

The Milltown sewerage scheme was 15th in the list of water and sewerage schemes submitted by Kildare County Council in response to my Department's request to all local authorities to undertake fresh assessments of the needs for capital works in their areas and to prioritise their proposals on the basis of the assessments. The assessments were taken into account in the framing of the water services investment programme 2004-2006 published in May 2004. Having regard to the ranking afforded to the scheme in the council's priority list, it has not been possible to include it in the programme.

Social and Affordable Housing.

Joe Walsh

Ceist:

687 Mr. Walsh asked the Minister for the Environment, Heritage and Local Government when work will commence on an affordable housing scheme (details supplied) in County Cork. [30646/05]

A comprehensive feasibility assessment on the site at Darrara, Clonakilty, was carried out in terms of strategic land use planning, financial viability, affordability and suitable infrastructural solutions. The feasibility study was approved by Cork County Council on 30 September 2005. Following this, public consultation took place during October 2005 culminating in a council decision to initiate the process to amend the local area plan in order to facilitate the construction of the affordable housing units.

Commencement of construction on this site now depends on the outcome of the planning process. As with all of the projects under the Sustaining Progress affordable housing initiative, my Department will continue to ensure that this project is progressed as speedily as possible to ensure the earliest possible delivery of affordable housing units.

Water and Sewerage Schemes.

Paul Connaughton

Ceist:

688 Mr. Connaughton asked the Minister for the Environment, Heritage and Local Government the position regarding the provision of a sewerage scheme at Creggs, County Galway; and if he will make a statement on the matter. [30739/05]

I refer to the reply to Question No. 1386 of 28 September 2005.

Animal Diseases.

Billy Timmins

Ceist:

689 Mr. Timmins asked the Minister for the Environment, Heritage and Local Government his views on the banning of wild fowling for the 2005-06 season owing to concerns surrounding the spread of the avian flu pandemic; and if he will make a statement on the matter. [30742/05]

I do not consider such a prohibition to be warranted at present. However, the position is being kept under review. My Department, in consultation with the Department of Agriculture and Food, is considering possible additional measures that may need to be taken should the virus reach western Europe, including limiting or stopping the hunting of wild birds. The timing and scale of any such measures will depend on ongoing assessment of the level of risk to be addressed.

Social and Affordable Housing.

Noel Grealish

Ceist:

690 Mr. Grealish asked the Minister for the Environment, Heritage and Local Government the steps he has taken to address the practise of stage payments, which can make it more difficult or more expensive to purchase a home, especially outside the Dublin region; the status of the formal and structured consultation process on this issue announced in 2004; and if he will make a statement on the matter. [30759/05]

I am concerned to ensure that house purchasers are not adversely affected by any practices that might make it more difficult or expensive to access a home in certain circumstances. My Department has been considering the practice of stage payments with a view to clarifying the issues involved and identifying likely implications of possible options, including potential legislative action, and has been in communication with a number of interests in that context.

The land and conveyancing Bill 2005 being considered by Government contains a provision that would enable certain consumer protection issues, including stage payments, relating to conveyancing practice, to be the subject of regulations by the Minister for Justice, Equality and Law Reform. This provides a possible mechanism for implementation of any options that arise out of the consultation process on which I have embarked.

Natural Heritage Areas.

Noel Grealish

Ceist:

691 Mr. Grealish asked the Minister for the Environment, Heritage and Local Government if he will make a statement on the statistics from the EU as of March 2005, indicating a designated Irish terrestrial area of 717,450 hectares (details supplied). [30760/05]

I assume that the question refers to the publication in March 2005 by the European Commission of details of the contribution of each member state towards a network of ecologically important areas, the Natura 2000 network, within the European Union. In December 2004, the Commission adopted national lists of candidate special areas of conservation as sites of Community importance in accordance with the provisions of the habitats directive. The Irish list so adopted comprises 413 sites. The habitats in the Irish list of sites include raised bog, blanket bog, turloughs, sand dunes, machair, rivers, lakes, woodlands and estuaries. I am satisfied that Ireland is contributing in a proportionate manner to conserving the natural heritage of Ireland and of Europe for future generations.

Social and Affordable Housing.

David Stanton

Ceist:

692 Mr. Stanton asked the Minister for the Environment, Heritage and Local Government the income limits for the capital assistance scheme for social housing; when these limits were last revised; and if he will make a statement on the matter. [30765/05]

I assume the question refers to the unit cost limits under the voluntary housing capital assistance scheme, which were last revised in 2001. The information requested is set out in the following table:

Unit Rate

Rural

Urban*

Certain offshore Islands

Category 1 (1/2 person units)

88,900

120,700

114,300

Category 2 (3 or more person units)

108,000

139,700

120,700

Category 3 (Traveller Bays)

108,000

139,700

120,700

*Urban — (5 County Boroughs & Fingal, Dún Laoghaire-Rathdown & South Dublin Councils).

David Stanton

Ceist:

693 Mr. Stanton asked the Minister for the Environment, Heritage and Local Government if he is on target in supporting the voluntary housing sector to build up to 4,000 new homes per annum by 2006 as stated in the 2002 programme for Government; and if he will make a statement on the matter. [30766/05]

The Government is fully committed to developing and expanding the voluntary and co-operative housing sector by supplying the necessary financial resources and support to enable it to become an important and significant force and provider in the housing area. Provision of funding for the schemes has been increased significantly from €44 million in 1999 to €237 million in 2005. As a result, there has been a steady increase in output by the sector from a level of 580 units in 1999 and 950 in 2000 to reach a record output of over 1,600 units in 2004.

In conjunction with the increased funding, my Department has also initiated the development by local authorities of five-year action plans, commencing in 2004, for the delivery of social and affordable housing, including the voluntary programme, to ensure a systematic and integrated approach to the effective use of these resources. It is anticipated that the output by the sector will reach the targets contained in the action plans.

Question No. 694 answered with QuestionNo. 182.
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