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Dáil Éireann díospóireacht -
Thursday, 10 Nov 2005

Vol. 609 No. 5

Written Answers.

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

Middle East Peace Process.

Joe Sherlock

Ceist:

10 Mr. Sherlock asked the Minister for Foreign Affairs the position regarding projects funded by Ireland or the European Union as are under way in Gaza; the position regarding such projects if any; and the projected dates of their completion. [33497/05]

The core objective of Irish assistance to Palestine is to alleviate the material consequences of the ongoing conflict, by enhancing the capacity of Ireland's partners in Palestine, particularly the Palestinian Authority, to respond to the crisis and to begin, where possible, to meet the future development needs of the Palestinian people.

By the end of 2005, it is estimated that Ireland will have delivered over €4 million in development and humanitarian assistance to Palestine. This assistance covers all of the Palestinian Territories, including Gaza and the West Bank. This funding focuses on support to basic education, local government, civil society and the United Nations' agencies.

The United Nations Relief and Works Agency, UNRWA, is a key partner for Ireland in the provision of basic services to the Palestinian people. In 2004, UNRWA received €2 million in funding from Ireland, of which €500,000 was ring-fenced for Rafah in Gaza. This year Ireland will provide a further €2 million in funding to UNRWA, €500,000 of which I have ear-marked for Gaza.

Ireland also provides funding for projects in Gaza through the human rights and democratisation scheme. This year I allocated €100,000 to the Palestinian Centre for Human Rights, PCHR, a Gaza city-based organisation which we have supported for the past number of years. The centre works to protect human rights and promote the rule of law, to create and develop democratic institutions and an active civil society.

Funding of €50,000 was also provided to the Palestinian Association for Education and Environmental Protection to run a summer school for young people from Gaza in non-violence, conflict resolution, democracy and leadership skills.

At an EU level, under the emergency municipalities support programme, the European Commission committed €30 million in support of Gaza and the West Bank for institution and capacity building for programmes in the health sector. The European Commission has now committed new funding of €40 million specifically to Gaza for an infrastructural financial facility aimed at developing infrastructure in Gaza. The facility is being co-ordinated with the Palestinian Authority and other donors and a number of projects relating to customs, transport, water and energy supply have already been identified.

Human Rights Issues.

Jack Wall

Ceist:

11 Mr. Wall asked the Minister for Foreign Affairs his views on reports that African refugees and immigrants were driven into the Sahara desert to their deaths by Moroccan authorities in mid-October 2005, especially in the wake of attempts by thousands of African refugees and immigrants to cross barrier fences into Spanish held EU territory (details supplied). [33501/05]

Efforts by illegal migrants from sub-Saharan Africa to transit through Morocco in order to enter Spanish territory have been a growing problem for Spain and Morocco, and for the EU in general, in recent years. This situation poses significant difficulties for the States involved. Of equal concern are the serious risks to which the migrants expose themselves, as the method most often used has been by sea, on flimsy homemade rafts. As efforts have increased to tackle this problem larger numbers have tried to reach Spanish territory by travelling overland. Spain, and its partners in the EU, have been assisting and co-operating with the Moroccan authorities in an effort to tackle this serious illegal immigration issue.

At the beginning of October this year, a very large number of people who had travelled to Morocco made concerted efforts to enter the Spanish territories of Ceuta and Melilla, seeking to overwhelm the frontier barriers rather than infiltrate them. The change in the tactics used, and the large numbers of people involved, created considerable difficulties for the Spanish and Moroccan authorities, who were not prepared for action on the scale experienced. In night-time clashes between the migrants and security forces from both countries, some 16 people were killed, and others wounded. The Moroccan authorities have investigated these tragic events. They have accepted that Moroccan security forces were responsible for some of the deaths, and the Moroccan Government has expressed its deep regret for the loss of life.

I am aware of the reports to which the Deputy refers, that one group of some 500 of these migrants was transported to a desert area close to the Algerian border, without adequate arrangements for food, water and transport, and on the assumption that they would make their own way across the border into Algeria. The issue has been highlighted by several NGOs and was widely reported in the media. The Moroccan Government has undertaken to investigate the situation fully and to take whatever action is necessary in response to the details of the investigation. It has admitted that mistakes were made in the management of the problem, and has asked that they not be exploited for political reasons. My understanding is that the group of people involved were moved to a transit camp. While their exact status is not yet clear, it seems likely that some or all may have been among a large number of migrants flown back by the Moroccan authorities to their countries of origin in sub-Saharan Africa in recent weeks.

While the EU is working to improve co-operation with Morocco in order to reduce the flow of illegal migrants, it is clearly essential that any measures taken must respect fully the human rights and dignity of the individuals concerned. Morocco is in full agreement with this position. It is obviously unacceptable that persons may have been left in the desert without adequate facilities, for whatever reason.

It is right that failures of this kind should be highlighted and corrected. However, I believe it is only fair to acknowledge the pressure on the Moroccan authorities created by a problem which is not of their own making. It is estimated that there are some 10,000 migrants in Morocco, attempting to reach Spanish territory, and a further 20,000 in Algeria seeking to reach Morocco for the same purpose. Similar problems exist in other countries across North Africa.

Departmental Staff.

Joan Burton

Ceist:

12 Ms Burton asked the Minister for Foreign Affairs the number of new staff members who came from the existing pool of civil servants among the intake of staff into Development Co-operation Ireland over each of the past five years; the persons who are contract staff; and if he will further indicate the number of consultancies undertaken by DCI in the same period. [33484/05]

The Taoiseach announced at the UN Millennium Review Summit in New York on 14 September that the Government will reach the target of spending 0.7% of GNP on official development assistance by 2012. We have agreed a number of steps along the way to achieving the target, including interim targets of 0.5% of GNP in 2007 and 0.6% in 2010. We have, therefore, a clear pathway to achieving the UN target in 2012. The precise allocation to the Department's Vote for International Co-operation, Vote 29, will be announced in the context of the Estimates. However, on the basis of current anticipated growth rates, total ODA, at 0.47% of GNP in 2006, is expected to be of the order of €675 million.

Over the next weeks and months, the Department will assess the staffing levels which will be required to manage a significantly expanded aid programme. The Deputy will be interested to know that ten new posts for the directorate were approved by the Department of Finance in November 2000, and a further 22 in February 2002. In addition, three staff from the former National Committee for Development Education and 17 staff of the former Agency for Personal Service Overseas were integrated into the directorate in 2003 and 2004, respectively.

The following table indicates the number of new staff recruited by the Department and assigned to the development co-operation directorate over the past five years. It should be noted that a number of staff will also have left the directorate during this period. I am also providing a table indicating the number of consultants engaged by the directorate in each of the past five years.

Table: Newly recruited staff assigned to DCD during the period 2000-2005 to date.

Year

ANumber of new appointees to established posts in the Development Co-operation Directorate

BOf those, the number who transferred from elsewhere in the Civil Service

CNumber of new appointees to unestablished posts on the basis of fixed-term contracts

DNumber of new appointees to unestablished posts on the basis of contracts of indefinite duration

Total number of assignments (A+C+D)

2000

13

1

8

21

2001

22

2

6

28

2002

17

1

9

26

2003

9

1

13

3

25

2004

18

17

7

25

2005 To date

12

8

12

Note 1: The information provided above excludes the following categories:

1.temporary staff recruited to serve in ministerial offices, whose appointments are or were coterminous with those of the Ministers concerned;

2. staff temporarily recruited in connection with the additional work which arose in the lead-up to and during Ireland's EU Presidency in the first half of 2004;

3.stagiaires; and

4. staff locally recruited by Irish Development Co-operation Missions.

Note 2: Columns B and D above include staff of the former National Committee for Development Education, NCDE, and the former Agency for Personal Service Overseas, APSO, who were integrated into the Department in 2003 and 2004, respectively.

Table: Consultants engaged by the Development Co-operation Directorate during the past five years.

Year

2000

2001

2002

2003

2004

2005 (to date)

Total

Number of consultants engaged

92

48

88

69

104

37

438

State Airports.

Seán Crowe

Ceist:

13 Mr. Crowe asked the Minister for Foreign Affairs the number of troops to pass through Shannon Airport in 2005 dressed in army uniform. [33473/05]

Caoimhghín Ó Caoláin

Ceist:

14 Caoimhghín Ó Caoláin asked the Minister for Foreign Affairs the number of US troops that have been present in Shannon Airport dressed in military uniform each month for the past six years. [33476/05]

I propose to take Questions Nos. 13 and 14 together.

The wearing of foreign military uniforms in the State is governed by section 317 of the Defence Act 1954. The provisions of this section prohibit the wearing of a foreign military uniform without ministerial permission.

In accordance with the requirements of the Defence Act 1954, express permission was granted by the then Minister for Foreign Affairs in January 2003 to the US authorities for their military personnel to wear their uniforms in the transit areas of Irish airports. It was stipulated in an exchange of diplomatic notes with the US Embassy that, where it was sought to wear uniforms outside of the transit area, a further request would be required.

The following table outlines the numbers of US troops passing through Shannon Airport during the period covered by the Deputies' requests, which has been prepared on the basis of available information. Currently, monthly breakdowns are only available from the year 2002 onwards, and owing to difficulties in accessing earlier records in the time available, it was not possible to extract figures for the year 2000. Up until the end of October, there has been a total of 268,963 US troop movements through Shannon this year.

Once the permission of the Minister for Foreign Affairs has been obtained, it is a matter for the US authorities whether their troops actually wear uniform when transiting through Shannon Airport. However, I understand that on flights transiting through Shannon, US military personnel usually wear their uniform.

Troop movements through Shannon Airport.

Month

1999

2000

2001

2002

2003

2004

2005

Jan

2,412

16,677

7,605

34,647

Feb

3,868

10,368

11,373

33,801

Mar

10,582

9,584

16,697

27,536

Apr

1,758

11,329

11,474

14,782

May

10,121

8,042

6,967

19,254

Jun

8,390

6,887

9,400

23,461

Jul

3,737

14,020

11,932

20,588

Aug

3,905

5,377

14,830

27,121

Sep

12,718

10,333

22,273

33,662

Oct

3,718

5,944

16,552

34,111

Nov

5,150

14,418

14,038

Dec

6,811

8,964

15,408

Total

56,282

94,071

73,170

121,943

158,549

268,963

Lisbon Agenda.

Seymour Crawford

Ceist:

15 Mr. Crawford asked the Minister for Foreign Affairs the steps being taken to reinvigorate the Lisbon Agenda in Ireland and across the European Union; and if he will make a statement on the matter. [33299/05]

Under the Irish Presidency of the EU in 2004, an EU-wide mid-term review of progress under the Lisbon Agenda was initiated. The outcome of this review was considered by the European Council at its meeting in March 2005. The European Council acknowledged that, five years after the launch of the Lisbon Agenda, the results were mixed. In this context, the European Council agreed to relaunch the Lisbon Agenda as a partnership for growth and employment.

The Council also decided to promote action in two key complementary areas — social cohesion, with a focus on the major challenges we face in fighting poverty and disadvantage, and sustainable development. In the latter context, the European Council in June 2005 also adopted a set of guiding principles in order to help promote the integration of sustainable development into EU actions. Under this relaunched Lisbon Agenda, each member state is required to prepare, on its own responsibility, a three year national reform programme geared to its own specific needs and situation.

Following consultation with the social partners and consideration by both Houses of the Oireachtas, the Government sent Ireland's national reform programme to the European Commission on 28 October 2005. Our national reform programme draws heavily from the programme for Government and the social partnership agreement, Sustaining Progress. It identifies the various priorities, policies and actions being pursued by us in order to deliver on the Lisbon Agenda.

Overall, Ireland is performing well on many of the key Lisbon indicators. Our main goal for the next three years is to sustain and build on the progress of recent years. For its part, the European Commission will focus in on measures to be taken at the EU level to reinforce the programmes being undertaken by member states.

The Government strongly supports the relaunched Lisbon Agenda. We believe in particular that reform programmes in the member states, coupled with common action through the EU institutions, are essential to equip the European Union to face up to the competitive challenges of globalisation, including the rise of China, India and other emerging economies.

Decentralisation Programme.

Denis Naughten

Ceist:

16 Mr. Naughten asked the Minister for Foreign Affairs if he has recently discussed the decentralisation of Development Co-operation Ireland with the DCI advisory board; and if he will make a statement on the matter. [33285/05]

Dan Neville

Ceist:

17 Mr. Neville asked the Minister for Foreign Affairs the position with regard to the decentralisation of Development Co-operation Ireland; and if he will make a statement on the matter. [33284/05]

Olwyn Enright

Ceist:

22 Ms Enright asked the Minister for Foreign Affairs the number of senior development specialist working in Development Co-operation Ireland; of these the number volunteering to decentralise; and if he will make a statement on the matter. [33282/05]

I propose to take Questions Nos. 16, 17 and 22 together.

Under the Government's decentralisation programme, announced in December 2003, the development co-operation directorate of the Department of Foreign Affairs, currently based in Dublin, is scheduled to decentralise to Limerick. This will involve the relocation to Limerick of 123 posts and is scheduled to take place during the first quarter of 2007.

There are a total of 24 specialists based in the directorate's headquarters and 11 of these will be decentralising to Limerick. There are 12 senior development specialist positions based at the directorate's headquarters and, to date, two applications have been received for these positions through the central applications facility. I would hope that more will volunteer as we approach the decentralisation deadline.

I am aware that the advisory board for Development Co-operation Ireland has expressed concerns about the possible negative impact of the proposed decentralisation on the Development Co-operation Ireland programme. My officials are engaging with the advisory board on a regular basis, updating it on progress in the decentralisation process and outlining our risk management strategies.

I also refer the Deputies to my comprehensive reply today to the priority question on this issue.

Human Rights Issues.

Pat Rabbitte

Ceist:

18 Mr. Rabbitte asked the Minister for Foreign Affairs if the Government accepts that its obligations under the European Convention for the Protection of Human Rights and Fundamental Freedoms and the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment of Punishment requires it to establish by way of verification, and beyond simple assurance, that persons are not being conveyed through Irish airports with the likelihood or risk that they are being conveyed for the purpose of such interrogation techniques as are in breach of such European conventions. [33480/05]

I refer the Deputy to the reply I gave to Priority Question No. 2 — which is identical to this question — of today's date.

Middle East Peace Process.

Paul Nicholas Gogarty

Ceist:

19 Mr. Gogarty asked the Minister for Foreign Affairs his views on the request by the Israeli Government for the EU to monitor the Egyptian-Gaza border; if the Israeli Government has had direct contact with the Government on this matter; and if he will make a statement on the matter. [33568/05]

Fergus O'Dowd

Ceist:

51 Mr. O’Dowd asked the Minister for Foreign Affairs the position with regard to the situation in the Middle East and the relationship between Israel and Palestine; and if he will make a statement on the matter. [33286/05]

Tom Hayes

Ceist:

82 Mr. Hayes asked the Minister for Foreign Affairs the recommendations of the recent General Affairs and External Relations Council meeting with regard to the upsurge of violence in the Middle East; and if he will make a statement on the matter. [33292/05]

I propose to take Questions Nos. 19, 51 and 82 together.

The Government, and its partners in the EU, firmly believe that the Quartet roadmap provides the best framework for a lasting and peaceful resolution of the Israeli-Palestinian conflict. We are continuing to work with Israel and with the Palestinian Authority to ensure that they take advantage of the opportunity offered by the disengagement from Gaza for a return to full implementation of the roadmap. This will involve parallel action by both parties to implement their commitments under the roadmap.

The Israeli Government has not made direct contact with the Government in relation to arrangements for the Egypt-Gaza border. On 2 November, the Quartet's Special Envoy for Disengagement, Mr. James Wolfensohn, wrote to the EU Presidency and to High Representative Solana to convey a request from the parties that the EU consider playing a third party monitoring role at the Rafah crossing point. The meeting of the General Affairs and External Relations Council which I attended in Brussels on 7 November noted the EU's willingness in principle to provide assistance with the operation of crossings at Gaza's borders, on the basis of an agreement between the parties. An EU scoping mission is visiting the region this week and its report to the Council should provide the basis for an early decision on the nature of any EU involvement.

The Council also considered the wider situation, including the recent escalation in violence in Gaza and the West Bank. It condemned unreservedly the recent terrorist attacks on Israel, which have resulted in a number of Israeli fatalities and injuries. The Council also condemned the further violence perpetrated by Palestinian militants. While recognising fully Israel's right to protect its citizens, the Council also considered the wider situation, including the recent escalation in violence in Gaza and the West Bank. It condemned unreservedly the recent terrorist attacks on Israel, which have resulted in a number of Israeli fatalities and injuries. The Council also condemned the further violence perpetrated by Palestinian militants. While recognising fully Israel's right to protect its citizens against terrorist attacks, the Council called on Israel to act with restraint and to refrain from all extra-judicial killings, which are contrary to international law. It underlined the need for the Palestinian Authority to take full control of law and order in the Occupied Territories.

The EU regularly emphasises its firm commitment to the objective of the co-existence of two states. This must involve the creation of an independent, democratic, contiguous and viable Palestinian state, living side by side with Israel and its neighbours in peace and security. The EU will not recognise any change to the pre-1967 borders other than those arrived at by agreement between the parties.

The Council this week reiterated its support for the work of the Quartet Special Envoy for Disengagement, and welcomed his recent report on progress. It urged the parties to reach early agreement on the issues identified in the rapid action plan, including arrangements for Gaza's borders and crossings, the Gaza seaport and airport, movement of goods and people between Gaza and the West Bank, and freedom of movement in the West Bank. The Council called on Israel and the Palestinians to work with equal determination towards resolution of the outstanding issues.

The Council urged the Israeli Government to cease all activities in the Palestinian territories, including settlement building, the construction of the separation barrier and the demolition of Palestinian homes, which are contrary to international law and threaten to make any solution based on the co-existence of two states physically impossible. Ministers were particularly concerned about the implementation of these policies in and around east Jerusalem. The Council called for the re-opening of Palestinian institutions in east Jerusalem, and it called on the Israeli Government to cease all discriminatory treatment of Palestinians in east Jerusalem.

Foreign Conflicts.

Eamon Gilmore

Ceist:

20 Mr. Gilmore asked the Minister for Foreign Affairs the Government’s response to the statement issued by the Ethiopian Human Rights Council in relation to loss of life and injuries, in the wake of demonstrations following the disputed recent elections in that country. [33478/05]

Phil Hogan

Ceist:

58 Mr. Hogan asked the Minister for Foreign Affairs the political situation in Ethiopia; if the Government has contacted the Ethiopian Government with regard to the shooting dead of protestors by riot police in that country; and if he will make a statement on the matter. [33298/05]

Paul Nicholas Gogarty

Ceist:

101 Mr. Gogarty asked the Minister for Foreign Affairs if he has had any contact with the Ethiopian Government concerning the recent upsurge of violence in Ethiopia; and if he will make a statement on the matter. [33569/05]

I propose to take Questions Nos. 20, 58 and 101 together.

Ireland is gravely concerned by the unrest and loss of life which have occurred in Addis Ababa and some other parts of Ethiopia since 1 November 2005. While order is gradually being restored, I understand that an estimated 48 people died during rioting last week, over 200 were injured. Reliable reports suggest that up to 20,000 people have been detained, including most of the leadership of the largest opposition party, the Coalition for Unity and Democracy, CUD, and some representatives of civil society and the media.

I condemn all the acts of violence which have occurred, irrespective of their perpetrators. They must be independently investigated as soon as possible, as was promised recently by the Ethiopian Prime Minister. The use of lethal force by the security forces must be condemned in the strongest possible terms. I urge both the Ethiopian Government and the opposition parties to exercise the utmost restraint and to act responsibly. The tragic events in Addis Ababa and other towns have further deepened the political and social divisions in the community, as well as damaging Ethiopia's international reputation.

The random searches, indiscriminate beatings and massive arrests which have occurred must stop. All political detainees should be released. Individuals detained should be immediately released if not charged under due process. Their whereabouts should be notified; access to them should be granted for their families, legal counsel and representatives of the ICRC or other appropriate representatives of the international community; and they should be provided with medicines and humanitarian needs.

On my instructions, Ireland's chargé d’affaires in Addis Ababa is currently trying to ascertain the conditions under which those who have been detained are being held. We will receive further updates from him over coming days.

We urgently call upon all political parties and the Ethiopian people to desist from further violence. They should pursue their political aims by exclusively peaceful democratic means. The resumption of political dialogue between the Ethiopian authorities and the opposition parties is essential if stability is to be restored. This dialogue must be based on principles of reconciliation, respect for the rule of law, human rights and democracy. The progress which Ethiopia has made in recent years towards a fully democratic future, and which is what its people clearly desire, must not be reversed.

Ireland has a strong commitment to the poorest and most vulnerable people in Ethiopia and the Government is working to help them through its aid programme. This assistance is making a real difference to the lives of poor people in Ethiopia, including in the areas of basic health and education. Our aid programme is kept under constant review. In making any assessment and future decisions about Ireland's co-operation with Ethiopia, we will be guided by reports from the ground and by shared analysis with Ireland's EU partners.

In a statement this week, Minister of State, Deputy Conor Lenihan, condemned the use of lethal force by the Ethiopian security forces and called for the correct treatment of detainees. This morning he called in the chargé d’affaires at the Ethiopian Embassy, following an earlier meeting last week with departmental officials, to seek his Government’s view of these disturbing events and convey the Government’s concerns.

UN Reform.

Paul McGrath

Ceist:

21 Mr. P. McGrath asked the Minister for Foreign Affairs the agenda for reform to be pursued by Ireland with regard to the United Nations; and if he will make a statement on the matter. [33294/05]

The UN World Summit held last September in New York agreed a balanced and extensive package of UN reforms. I was honoured to have contributed to the summit outcome in my role as one of the envoys appointed by Secretary General Annan to support his recommendations for change aimed at enhancing the effectiveness of the UN. These changes must be implemented if today's common challenges in the areas of peace and security, development and human rights are to be overcome.

I fully support Secretary General Annan and General Assembly President Eliasson of Sweden in this crucial implementation phase. At my instruction, Ireland's representation to the UN in New York is giving priority to UN reform in its work, especially as regards the peacebuilding commission, the human rights council and management reform. The peacebuilding commission, PBC, to be established by 31 December 2005, will assist countries emerging from conflicts so that they do not again fall prey to strife. I believe that negotiations in New York must focus on how the PBC will work in practice and in that regard I support the joint establishment of the body by both the General Assembly and the Security Council.

The establishment of the human rights council is another priority for Ireland. While the summit agreed in principle to its establishment, much remains to be done on the detail of its mandate, functions, size and procedural issues. I believe that it should be a standing body, able to meet regularly throughout the year and to address effectively urgent and serious human rights violations as and when they occur. It should retain the best features of the Commission on Human Rights, especially the commission's engagement with civil society and its system of special procedures on country and thematic issues.

Agreement on the concept of the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity was an important achievement of the summit. The international community has said that it will act collectively, through the Security Council, where states fail to protect their own populations from such violations. This obligation must be given priority in the Security Council's deliberations.

I am encouraged that the Secretary General will continue his work of reforming the UN secretariat, especially on the issues of ethics, accountability and oversight, as mandated in the summit outcome document. I look forward to seeing further proposals from him in this area, including in response to the Volcker reports on the implementation of the Iraq oil for food programme.

My delegation is working with others towards agreement on a Comprehensive Convention Against Terrorism at this session of the General Assembly. I look forward to the development of the UN counter-terrorism strategy and to proposals from the Secretary General to strengthen the capacity of the UN to assist states in combating terrorism.

There are other issues which are not the focus of discussions currently under way in New York. These include the millennium development goals which are the joint responsibility of the donor and developing countries. The Deputy will be aware that the Taoiseach committed Ireland to reaching the UN target of 0.7% by 2012, which, on current levels, will mean a tripling of our development co-operation budget.

I reiterate my disappointment that progress was not made on disarmament and non-proliferation at the summit. Ireland remains committed to the nuclear non-proliferation treaty and we will continue to work to strengthen it.

Many of these concerns are reflected in conclusions agreed at the meeting of the EU General Affairs and External Relations Council on 7 November, which I attended. The Council reiterated the EU's deep commitment to the UN, to the upholding and development of international law and to effective multilateralism as a central element of its external action, and agreed on priorities in the implementation of the summit outcome to be pursued vigorously by EU delegations in New York.

Question No. 22 answered with QuestionNo. 16.

EU Enlargement.

Bernard J. Durkan

Ceist:

23 Mr. Durkan asked the Minister for Foreign Affairs the position in regard to European enlargement and ratification of the treaty of the constitution; and if he will make a statement on the matter. [33524/05]

Jimmy Deenihan

Ceist:

78 Mr. Deenihan asked the Minister for Foreign Affairs the progress being made by Romania, Bulgaria and Croatia towards membership of the European Union; and if he will make a statement on the matter. [33281/05]

David Stanton

Ceist:

95 Mr. Stanton asked the Minister for Foreign Affairs the progress being made with regard to accession talks between the EU and Turkey; and if he will make a statement on the matter. [33272/05]

Bernard J. Durkan

Ceist:

139 Mr. Durkan asked the Minister for Foreign Affairs the position in regard to European enlargement; and if he will make a statement on the matter. [33705/05]

I propose to take Questions Nos. 23, 78, 95 and 139 together.

The need to cope with the challenges of managing an enlarged Union of 25 or more members was one of the reasons for embarking on the process that led to the elaboration of the treaty establishing a constitution for Europe.

The position as regards the ratification of the European constitution is that a total of 13 countries might be described as having effectively ratified, either because they have approved the text by referendum or because their parliamentary procedures relating to ratification have been completed. A 14th has almost completed this procedure. Until the position at European level is clearer, it is not intended to set a date for a referendum in Ireland.

As regards enlargement, following the signing of the accession treaty in April 2005, Bulgaria and Romania participate in almost all EU meetings as active observers and are scheduled to join the Union in January 2007, if they are ready. On 3 October, Ministers at the General Affairs and External Relations Council gave the go-ahead to open accession negotiations with both Croatia and Turkey.

The Commission's annual monitoring reports for Bulgaria and Romania were published on 25 October 2005 and provide a comprehensive overview of the progress made by both countries towards fulfilling the requirements of membership. For both countries, a number of "red flag" issues have been identified that will need to be urgently addressed before the date of accession. The Commission will closely monitor the steps taken to tackle these issues and will present a final recommendation to Council in April-May 2006 as to whether Bulgaria and Romania will be in a position to meet the full requirements of membership by 1 January 2007.

I believe it is essential that both countries make full use of the period between now and the spring European Council to address the issues highlighted by the Commission so as to ensure that they remain on track to join the Union, as envisaged, in 2007. This is in the best interests of the Union and of the acceding countries themselves.

As regards Croatia and Turkey, the European Commission will undertake an intensive screening process, evaluating the degree of preparedness of both countries with a view to setting benchmarks for the opening and closure of negotiation chapters. The Commission also published its annual progress reports for Turkey and Croatia on 9 November, providing a timely overview of the current state of play in both countries.

Negotiations will proceed with both countries on the basis of their own merits. This means that the pace of negotiation will be determined by each country's progress towards meeting the requirements of EU membership. According to the agreed negotiating frameworks, the shared objective of the negotiations — an open-ended process whose outcome cannot be guaranteed beforehand — is accession. In the case of Turkey, we anticipate that the negotiations will continue for a considerable length of time. Turkey's accession could have substantial financial consequences and the conclusions adopted on 3 October indicate that the negotiations can only be concluded after the establishment of the Union's financial framework for the period from 2014. The Union's capacity to absorb Turkey will also be an important consideration in the general interest of both the Union and Turkey. The Commission will continue to monitor this capacity as the negotiations proceed.

The interdepartmental committee on enlargement will be convened by the Department of Foreign Affairs to monitor developments and co-ordinate Ireland's approach to EU enlargement and especially the forthcoming negotiations with both Croatia and Turkey.

Ireland continues to provide assistance and advice to Bulgaria, Romania, Croatia and Turkey as part of the Department of Foreign Affairs' bilateral assistance programme, which is designed to help new and candidate member states prepare for the challenges of EU membership.

Diplomatic Representation.

Jim O'Keeffe

Ceist:

24 Mr. J. O’Keeffe asked the Minister for Foreign Affairs the position regarding the detention of the pro-democracy leader Aung San Sui Kyi in Burma; and if he will make a statement on the matter. [33275/05]

Willie Penrose

Ceist:

30 Mr. Penrose asked the Minister for Foreign Affairs if, in the context of the tenth anniversary of the incarceration of Ms Aung San Suu Kyi, the position in Burma and the Government’s response to same; the action which the Government has undertaken and proposes in order to assist the Burmese people in their struggle against the regime which purports to represent them; the initiatives he has brought to the level of the United Nations and the European Union; the discussions, if any, he has held with Burma’s pro-democracy movement; and if he will make a statement on the matter. [33509/05]

I propose to take Questions Nos. 24 and 30 together.

In a statement I made on Monday, 24 October to mark the tenth anniversary of Aung San Suu Kyi's detention under house arrest, I reiterated Ireland's clear position on Burma. Together with our EU partners we condemn the abuse of human rights and fundamental freedoms in Burma and deplore the lack of progress towards democracy. Our goal remains an end to human rights violations there, the release and restoration of liberty to Aung San Suu Kyi and other political prisoners, and the realisation of democracy, peace and prosperity for the long suffering people of Burma.

In my statement on behalf of Ireland to the 60th session of the UN General Assembly in September, I likewise referred to the continuing denial of human rights and democracy in Burma. I stated that this was most acutely symbolised by the continued detention of Aung San Suu Kyi and that her ordeal was not forgotten by the people of Ireland.

I am aware of the report, Threat to the Peace: A Call for the UN Security Council to Act in Burma, which was commissioned by former Czech President Vaclav Havel and Archbishop Desmond Tutu of South Africa and published in September. While I am not aware of any plans by the UN Security Council to consider the question of Burma, we would be very pleased if this were to occur. Ireland will use all relevant opportunities to press for the UN Secretary General's Special Representative, Mr. Razali Ismail, and the Special Rapporteur on the situation on Human Rights in Burma, Mr Sergio Pinheiro, to be allowed to visit and to meet all the key players in Burma.

At both ministerial and official level, we maintain regular dialogue with those concerned with the situation in Burma. Last month, the Minister of State, Deputy Conor Lenihan, met with a delegation from the National Coalition Government of the Union of Burma and associated groups, accompanied by representatives of Burma Action Ireland. In March I met with Harn Yawnghwe, Director of the European Office for the Development of Democracy in Burma, and Burma Action Ireland.

I can assure the Deputies that I will continue to highlight the plight of the Burmese people on all possible occasions and to work for real progress in Burma.

EU Directives.

Bernard Allen

Ceist:

25 Mr. Allen asked the Minister for Foreign Affairs the number of outstanding judgments, findings or infringement proceedings against Ireland for the failure or delay to transpose European Union regulations into Irish law or to act on applicable European directives or legislation; and if he will make a statement on the matter. [33302/05]

The obligation on member states to transpose EU legislation relates to EU directives. EU regulations do not need to be transposed, as they are directly applicable.

If the EU Commission considers that a member state has failed to fulfil an obligation, such as failure to transpose a directive or incorrectly transposing a directive, it can — under Article 226 of the treaty — issue a reasoned opinion on the matter. If the member state concerned does not comply with the opinion within the period laid down by the Commission, the Commission may bring the matter before the European Court of Justice. Where such an action is taken against a member state under Article 226, and the infringement in question is not addressed, the Commission will bring an action under Article 228 seeking fines against the member state in question.

At present, Ireland has no outstanding judgments, findings or infringements against it for the failure to transpose, or delay in transposing, EU directives into Irish law, or failure to act on applicable directives. There are, however, 24 infringement proceedings against Ireland under Article 226 for alleged incorrect transposition of EU directives. In five of these cases, a judgment has already been made, and Ireland must now comply with these judgments. In addition, there are five cases at the Article 228 stage.

The Government takes all infringement cases against Ireland very seriously and has put in place structures and procedures to ensure that all such proceedings are dealt with properly and effectively.

Human Rights Issues.

Shane McEntee

Ceist:

26 Mr. McEntee asked the Minister for Foreign Affairs the position with regard to the role of the European Union in maintaining the security situation in Kosovo and in improving human rights and protections throughout the region; and if he will make a statement on the matter. [33297/05]

The EU has given a clear commitment that the long-term future of the western Balkans, including Kosovo, rests within the European Union. The Union has taken a lead role in working to consolidate peace and stability and to promote economic development, respect for human rights and the rule of law in the region.

Kosovo has been under UN administration, in accordance with Security Council Resolution 1244, since the end of the conflict in 1999. Responsibility for the security situation is primarily a matter for KFOR, the UN-mandated peacekeeping force, to which 35 states, including 22 EU member states, currently contribute troops. I pay tribute to the work of KFOR and especially to the contribution of the 202 members of the Irish Defence Forces serving with the force in ensuring security and stability in often difficult circumstances.

Consideration of the future status of Kosovo is expected to be the dominant issue in the region in the coming months following the publication last month of UN Special Envoy, Kai Eide's, comprehensive review of the situation there. Ambassador Eide's report recommended that despite a number of challenges, particularly with regard to the implementation of standards, the political process to determine Kosovo's future status should now begin.

Earlier this week the General Affairs and External Relations Council, GAERC, reaffirmed the EU's determination to participate fully in the definition of the status of Kosovo, and to be closely involved in the negotiations and implementation of its future status. In this context, I welcome the UN Secretary General's intention to appoint the former President of Finland, Mr. Martti Ahtisaari, as UN Special Envoy. Together with EU colleagues, I had a good discussion with Mr. Ahtisaari on Monday and look forward to working closely with him in the period ahead. In view of the likelihood of enhanced EU engagement in Kosovo, the Council has invited Secretary-General/High Representative Solana and the Commission to continue their work in identifying the future EU role and contribution, including in the areas of police, rule of law and the economy, and to submit joint proposals to the Council.

In the period ahead, together with our EU partners, we will continue to work in close co-operation with the United Nations, with the governments of the region, the US and other international partners towards a status settlement in Kosovo. The future status settlement should be fully compatible with European values and the UN charter, should protect the rights of minorities and their capacity to play a part in political structures, and achieve a situation where all citizens, regardless of ethnic background, are free to live without fear, hostility or danger.

Foreign Conflicts.

Michael D. Higgins

Ceist:

27 Mr. M. Higgins asked the Minister for Foreign Affairs the Government’s views on the recent issue of indictments by the International Criminal Court in the case of participants in the conflict in Northern Uganda; the response of the Lord’s Resistance Army; the action the European Union and the United Nations proposes to take and the circumstances which have forced the humanitarian aid agency GOAL to suspend its operations after 22 years in Northern Uganda due to the deteriorating security situation; and if he will make a statement on the matter. [33507/05]

The International Criminal Court issued indictments on 13 October 2005 for the arrest of five Lord's Resistance Army, LRA, commanders, including the LRA leader, Joseph Kony. This represents a historic development for the court and it is now incumbent on all those involved, including any neighbouring states in which the LRA leaders concerned may be sheltering, to facilitate the arrest of the individuals now indicted. The Government is strongly supportive of the International Criminal Court and would urge that its investigation into all serious violations of human rights committed in Northern Uganda since 1 July 2002, the date of establishment of the ICC, should continue.

The General Affairs and External Relations Council, meeting in Brussels on 7 November, reiterated its concern at the continuing conflict in Northern Uganda which has left more than 1.4 million people living in camps for internally displaced persons. The Council also expressed grave concern at the deteriorating security situation and the recent upsurge in attacks in Northern Uganda which forced the UN and NGOs such as GOAL to suspend their humanitarian operations, though I understand that the UN has now resumed deliveries of humanitarian aid. The primary responsibility for improving security in Northern Uganda rests with the Ugandan Government and the Council has called clearly on the Ugandan Government in this respect to ensure urgently that all of its citizens are protected and provided for.

The EU, for its part, stands ready to provide further assistance to the humanitarian effort and to do what it can to support steps towards reconciliation in Northern Uganda. Ireland has provided humanitarian assistance of €650,000 to date in 2005 to address the humanitarian situation and provision of further assistance for Irish NGOs operating in the region is under active consideration.

The Government, together with our EU partners, will also continue to urge the Ugandan Government to pursue all efforts to achieve a peaceful resolution of the conflict in Northern Uganda and to promote the much needed economic and social development of the region. This includes co-operating more closely with neighbouring states to ensure that those indicted by the ICC are now apprehended. It also involves greater efforts by Uganda to promote regional confidence and security, including through full respect for the sovereignty and territorial integrity of all countries within the Great Lakes region.

Overseas Development Aid.

Bernard J. Durkan

Ceist:

28 Mr. Durkan asked the Minister for Foreign Affairs if he is satisfied regarding the adequacy of the disaster relief effort in Kashmyere; if through the EU or the UN, the efforts will be improved; and if he will make a statement on the matter. [33525/05]

Trevor Sargent

Ceist:

50 Mr. Sargent asked the Minister for Foreign Affairs the position regarding Irish humanitarian aid to the parts of south Asia effected by the recent massive earthquake; and if he will make a statement on the matter. [33572/05]

Enda Kenny

Ceist:

62 Mr. Kenny asked the Minister for Foreign Affairs if he will report on his contact with the Heads of Government of Pakistan and India following the recent earthquake tragedy in that region; and if he will make a statement on the matter. [28676/05]

Emmet Stagg

Ceist:

64 Mr. Stagg asked the Minister for Foreign Affairs the figure for the appeal made by the UN Secretary General Mr. Kofi Annan in the wake of the earthquake in Pakistan; the pledges made by Government’s and international institutions; and the amounts provided as a proportion of pledges made and aid sought. [33499/05]

Gerard Murphy

Ceist:

90 Mr. G. Murphy asked the Minister for Foreign Affairs his views on whether the response time to natural disasters and other emergencies from the United Nations should be significantly improved in view of the experience with the recent earthquake in Pakistan; and if he will make a statement on the matter. [33528/05]

Bernard J. Durkan

Ceist:

137 Mr. Durkan asked the Minister for Foreign Affairs the extent to which it has been possible to respond effectively to the needs of the victims of the earthquake in Pakistan; if he is satisfied that everything that could be done has been done in this regard; and if he will make a statement on the matter. [33693/05]

I propose to take Questions Nos. 28, 50, 62, 64, 90 and 137 together.

The earthquake which struck south Asia, particularly Pakistan, on 8 October has had devastating consequences. The unusual shallow nature of the quake caused widespread structural damage and current estimates put the dead at over 70,000, including 17,000 children. It has been followed by some 900 aftershocks, one of which recently measured over six on the Richter scale.

Following the disaster, the Taoiseach wrote both to the Prime Minister of Pakistan, Mr. Shaukat Aziz, and the Prime Minster of India, Dr. Manmohan Singh, to express condolences on behalf of the Government and to assure them that Ireland is ready to provide aid to those affected by the earthquake.

President McAleese wrote to President Musharraf of Pakistan and President Dr. Abdul Kalam of India to express her sympathies, and those of the Irish people, to the Governments and peoples affected by the tragedy.

As Minister with responsibility for development co-operation and human rights, I have remained in contact with the ambassador of Pakistan to Ireland, H.E. Mr. Toheed Ahmad, in the weeks following the disaster. I have also been in close contact with our key NGO partners and with the Pakistani community in Ireland, which has responded with enormous generosity to this appalling tragedy. Officials from my Department and in missions abroad are in close contact with UN agencies, the International Federation of the Red Cross and NGOs on the ground regarding the situation there.

Ireland was among the first countries to respond to the disaster. Within a few hours of the earthquake, €1 million was pledged towards immediate relief efforts in northern Pakistan and the surrounding regions. As the casualty figures rose dramatically, our response was increased to €5 million, placing Ireland as one of the highest donors to the disaster on a per capita basis. Ireland’s rapid contribution has been warmly and broadly welcomed.

The updated UN Flash Appeal for the region has called for nearly $550 million in funding for immediate relief needs. A little over €130 million has been pledged to date. Some of the pledges made by donors have yet to materialise into confirmed contributions. Even if all the pledges are confirmed, that still leaves a very considerable shortfall. I support President Musharraf's call for more generous assistance, specifically from Islamic, EU and OECD states. I am pleased to report to the House that Ireland's pledge to the disaster has been fully committed. It is essential that pledges are honoured so that vital assistance can be delivered to save lives.

Approximately €1.5 million of our assistance has been allocated to key UN humanitarian agencies, including UNICEF and the World Food Programme, WFP. Over €2.5 million has been allocated to non-governmental organisations, NGOs, such as Concern, GOAL, Oxfam, Plan Ireland and Trócaire, which are active in the provision of essential services on the ground. These services include the provision of food, health services, shelter, water and sanitation.

The disaster is, logistically, one of the toughest challenges faced by the UN and the international community. Some 15,000 villages were affected and many are in areas which are difficult to reach. We are continually monitoring the situation in the region and officials from my Department will conduct a mission to the areas affected to meet with our partners on the ground and to assess the situation at first hand.

Our key objective is to save lives. In the longer term, we will assist with restoring livelihoods and working towards recovery. As I have told the House during the recent special debate on the south Asia earthquake, Ireland will continue its support for the victims of this humanitarian disaster through the long recovery period that lies ahead. While the immediate focus remains on emergency relief, Ireland will be represented at the forthcoming reconstruction conference which will be convened by the Government of Pakistan on 19 November in Islamabad.

The number and scale of natural disasters this year reinforce the need for global resources to be mobilised and deployed rapidly to bring humanitarian relief on a large scale to anywhere in the world. Ireland has been actively focusing on how we can better respond to such emergencies. Internationally, Ireland supports the enhancement of the UN's central emergency relief fund and I have pledged €10 million to that end. This will create a new grant-based fund that will allow UN agencies to respond more immediately and effectively in the face of a sudden on-set disaster.

Work is also continuing at EU level to improve civil protection and rapid response capability through the tsunami follow-up action plan. The further development of rapid response capacity must complement and support the UN's primary role as co-ordinator in humanitarian disasters. At the national level, we are examining ways in which the Government's response to disasters and emergencies can be enhanced through a more operational role.

On the contribution of other donors, the UN financial tracking system maintains information on donors' contributions to UN appeals and more broadly on donors' contributions to particular emergencies. According to the information available to my Department on the south Asia earthquake, the per capita donor contribution to date is set out in the following table.

Per Capita Humanitarian Grant Comparison.

Country

Population

Contribution €

%

Qatar

860,000

20,000,000

23.26

Sweden

9,000,000

18,801,000

2.09

Ireland

3,600,000

5,000,000

1.39

Norway

4,600,000

4,267,000

0.93

Denmark

5,400,000

4,839,000

0.90

Netherlands

16,400,000

12,056,000

0.74

Switzerland

7,500,000

3,274,000

0.44

Canada

32,800,000

12,983,000

0.40

Australia

20,000,000

7,675,000

0.38

United States

295,700,000

97,044,000

0.33

Finland

5,200,000

1,202,000

0.23

Japan

127,400,000

24,340,000

0.19

Belgium

10,400,000

1,965,000

0.19

United Kingdom

60,400,000

10,665,000

0.18

Turkey

69,600,000

10,254,000

0.15

Greece

10,700,000

1,574,000

0.15

Saudi Arabia

26,400,000

3,263,000

0.12

Austria

18,200,000

2,236,000

0.12

Italy

58,100,000

6,929,000

0.12

Malaysia

23,950,000

2,380,000

0.10

Germany

82,400,000

7,715,000

0.09

France

60,650,000

3,606,000

0.06

Arms Trade.

Mary Upton

Ceist:

29 Dr. Upton asked the Minister for Foreign Affairs the Government’s position on the increase of sales of armaments, often into the poorest countries by member states of the European Union; and the position being adopted by the Government towards the increase in the proportion of armaments globally that are sold by the European Union and individual countries within the EU. [33491/05]

The regulation of arms exports is legally a matter for national authorities, subject to internationally agreed restrictions, such as all EU, OSCE and UN arms embargoes. The Government does not have access to information on the precise details on armaments contracts made by other EU member states.

However, the promotion and support of international efforts to secure appropriate safeguards on the sale and transfer of armaments is a key priority of Irish foreign policy. There is a need to end destabilising accumulations of arms that can increase the potential for violence in areas of tension. There are too many examples of conflicts which are fuelled by the proliferation of conventional weapons. This is especially an issue of concern in Africa, where the proliferation in particular of small arms and light weapons continues to bring much suffering to societies throughout that continent.

At present, the export of all arms from EU countries must also conform to the EU code of conduct on arms exports. Ireland was actively involved in the establishment of this politically binding code, which lists the factors to be taken into account when deciding whether to allow an export of military goods. These include respect for human rights, the internal situation in the country of final destination and the preservation of regional peace, security and stability. Discussions are ongoing in the EU on the possible reinforcement of the code of conduct.

In particular, I would draw the Deputy's attention to criterion 8 of the EU code of conduct, which provides that member states in authorising sales of armaments should consider, "The compatibility of the arms exports with the technical and economic capacity of the recipient country, taking into account the desirability that states should achieve their legitimate needs of security and defence with the least diversion for armaments of human and economic resources." A set of best practices for interpretation of this criterion has been recently agreed within the EU and work is underway to develop similar guidelines for other criteria of the code.

Moreover, the General Affairs and External Relations Council on 7 November endorsed a strategy to combat the illicit accumulation and trafficking of small arms and light weapons and their ammunition. The text contains an action plan which will be regularly reviewed and updated every six months. This strategy will be presented for adoption to the European Council next month.

Question No. 30 answered with QuestionNo. 24.

Departmental Staff.

Joan Burton

Ceist:

31 Ms Burton asked the Minister for Foreign Affairs the number of staff who have been recruited in each of the past ten years; the projected numbers for the next five years; and the number of staff suggested by reports commissioned by his Department or the advisory committee on development co-operation in the staffing needs of Development Co-operation Ireland. [33483/05]

I am presuming that the Deputy's question relates in its entirety to the staffing of the Department's development co-operation directorate.

The Taoiseach announced at the UN Millennium Review Summit in New York on 14 September that the Government will reach the target of spending 0.7% of GNP on official development assistance by 2012. We have agreed a number of steps along the way to achieving the target, including interim targets of 0.5% of GNP in 2007 and 0.6% in 2010. We have, therefore, a clear pathway to achieving the UN target in 2012. The precise allocation to the Department's Vote for International Co-operation, Vote 29, will be announced in the context of the Estimates. However, on the basis of current anticipated growth rates, total ODA, at 0.47% of GNP in 2006, is expected to be of the order of €675 million.

Over the next weeks and months, the Department will assess the staffing levels which will be required to manage a significantly expanded aid programme. In this context, regard will be had to the staffing levels recommended by the Ireland Aid Review Committee, and by an outside consultant, which latter study was commissioned by the Advisory Committee to Development Co-operation Ireland.

The Deputy will be interested to know that ten new posts for the directorate were approved by the Department of Finance in November 2000, and a further 22 in February 2002. In addition, three staff from the former National Committee for Development Education and 17 staff of the former Agency for Personal Service Overseas were integrated into the directorate in 2003 and 2004 respectively.

The following table indicates the number of new staff recruited by the Department and assigned to the directorate over the past six years. It should be noted that a number of staff will also have left the directorate during this period. Unfortunately, it was not possible to assemble recruitment data for the preceding four years in the time available.

Year

Newly recruited staff assigned to DCD during the period 1999-2005 to date

1999

13

2000

21

2001

28

2002

26

2003

25

2004

25

2005 To date

12

State Airports.

Martin Ferris

Ceist:

32 Mr. Ferris asked the Minister for Foreign Affairs the number of US troops passing through Shannon Airport each month in 2005. [33470/05]

Martin Ferris

Ceist:

41 Mr. Ferris asked the Minister for Foreign Affairs if he will give an update on the use of Shannon Airport by the US military. [33468/05]

Arthur Morgan

Ceist:

42 Mr. Morgan asked the Minister for Foreign Affairs the number of US troops that has passed through Shannon each month since the invasion of Iraq commenced. [33472/05]

Seán Crowe

Ceist:

54 Mr. Crowe asked the Minister for Foreign Affairs the number of US troops to pass through Shannon Airport in October 2005 dressed in military uniform. [33474/05]

Aengus Ó Snodaigh

Ceist:

61 Aengus Ó Snodaigh asked the Minister for Foreign Affairs if he will report on the presence of 100 plus US soldiers in Shannon Airport departure lounge dressed in full uniform on 27 October 2005. [32208/05]

Caoimhghín Ó Caoláin

Ceist:

81 Caoimhghín Ó Caoláin asked the Minister for Foreign Affairs the number of US troops that has been present in Shannon Airport dressed in military uniform in 2005. [33475/05]

Arthur Morgan

Ceist:

97 Mr. Morgan asked the Minister for Foreign Affairs the numbers of US troops passing through Shannon each month in 2004. [33471/05]

Aengus Ó Snodaigh

Ceist:

102 Aengus Ó Snodaigh asked the Minister for Foreign Affairs if he will make a statement on the wearing of military uniforms by foreign troops while in Shannon Airport. [33469/05]

I propose to take Questions Nos. 32, 41, 42, 54, 61, 81, 97 and 102 together.

I would refer the Deputies to my reply to Questions Nos. 13 and 14 of today. The troops referred to by Deputy Ó Snodaigh were transiting through Shannon Airport to the US from the Middle East on a home-leave flight.

Colombian Peace Process.

Paul Kehoe

Ceist:

33 Mr. Kehoe asked the Minister for Foreign Affairs the extent to which the European Union will be assisting in the Colombian peace process; if this matter was discussed at the General Affairs and External Relations Council; and if he will make a statement on the matter. [33295/05]

Jan O'Sullivan

Ceist:

94 Ms O’Sullivan asked the Minister for Foreign Affairs the Government’s position on the killing of a person (details supplied). [33505/05]

Kathleen Lynch

Ceist:

100 Ms Lynch asked the Minister for Foreign Affairs his views on the reported torture and killing of a person (details supplied); his further views on the hunger strike of trade union leaders in the city of Cartegena; the death threats and intimidation of legal personnel seeking to defend community activists, and the inappropriateness of EU aid assisting Plan Colombia which is contributing to such actions. [33504/05]

I propose to take Questions Nos. 33, 94 and 100 together.

At its most recent meeting, on 7 November 2005, the General Affairs and External Relations Council discussed the need for intensified support for the peace process in Colombia in line with the conclusions on Colombia it adopted on 3 October 2005. It was agreed in the conclusions adopted at the meeting on 3 October that the recently adopted Justice and Peace Law, if effectively and transparently implemented, will make a positive contribution to the search for peace in Colombia. It is important that the Colombian Government is now encouraged and supported by the international community in its efforts to implement the Justice and Peace Law effectively. The law, which was adopted through a lengthy democratic political process, provides an overall legal framework for demobilisation, disarmament and reintegration of illegal armed groups into society.

The Justice and Peace Law is an important development in the implementation of Plan Colombia, the Colombian Government's overall strategy to bring peace to Colombia. That Government has the support of the Union in its search for a negotiated solution to the internal armed conflict. EU funding for the peace process in Colombia is focused on helping end violence and human rights violations, relieving the social impact of conflict and the establishment of initiatives which encourage the broad participation of citizens in the search for peace. In light of Council discussions, the Commission will be developing further proposals to support the peace process. The situation in Colombia is undoubtedly complex and involves difficult choices and compromises. Nonetheless, the overall view of the Union is that it should remain positively engaged with the peace process.

The Council conclusions adopted on 3 October also welcomed the continued involvement of the Organisation of American States, OAS, in supporting the demobilisation of paramilitary groups in Colombia. Ireland has committed €390,000 over a three year period to the OAS mission to support and verify the peace process in Colombia. Sweden and The Netherlands also provide funding to the OAS mission. Its mandate is to provide comprehensive support to the Colombian peace process with a focus both on the demobilisation process and on the strengthening of institutions concerned with the rule of law.

I am aware of the deaths of community leader Diego Gutierrez and lawyer Luis Ignacio Aristizábel Botero referred to in the questions. Mr. Gutierrez was allegedly killed by right-wing paramilitaries. Mr. Aristizábel Botero, who was investigating drug trafficking and paramilitary activity, was reportedly shot by a group of armed men in Medellín. It is disturbing that, despite the peace process in Colombia which has seen many thousands hand in their weapons, there continue to be credible allegations that paramilitaries remain involved in this type of action.

Ireland was actively involved in negotiating the chairperson's statement on the situation of human rights in Colombia which was adopted on 22 April 2005 at the 61st session of the Commission on Human Rights in Geneva. The statement deplored the fact that human rights defenders, including trade unionists and judicial officers, continue to be particularly affected by the armed conflict, and to be the victims of homicides and threats by the illegal armed groups. The statement also urged that dialogue and negotiations be pursued between the Government of Colombia and all illegal armed groups, aimed at overcoming the situation of violence stemming from the conflict and at reaching a lasting peace.

The hunger strike of a number of trade unionists in the city of Cartagena concerns a union protest over the decision of the Colombian Government to sell some of its stock in a petrol refinery, apparently in order to raise funding for its further development. I understand that the parties involved are now engaged in a dialogue aimed at resolving their differences.

EU Funding.

Damien English

Ceist:

34 Mr. English asked the Minister for Foreign Affairs the position with regard to agreement on the future financial perspectives for the EU for the period 2007-2013; and if he will make a statement on the matter. [33290/05]

As the Deputy will be aware, the European Council in June 2005 failed to reach agreement on the future financial perspectives. While the great majority of member states could accept the Luxembourg Presidency's final compromise package of 17 June, a small number of countries remained opposed for a variety of reasons. These included the proposed reduction of the UK rebate, the level of net contributions and funding for cohesion.

The Taoiseach indicated at the European Council that, in the interests of solidarity, Ireland could accept the Luxembourg Presidency's final proposal. Throughout the negotiations, Ireland's fundamental objective has been to ensure that the enlarged Union is equipped with the necessary financial resources to enable it to meet the challenges of the years ahead and the rightful expectations of our citizens. Ireland's particular priorities in the negotiations include safeguarding the October 2002 agreement on the funding of the Common Agricultural Policy, ensuring adequate cohesion arrangements for our regions in transition, putting in place equitable financing arrangements for the Union and achieving increased funding for competitiveness, especially in the area of research and development.

At Monday's meeting of the General Affairs and External Relations Council in Brussels, member states held their first detailed discussion of the dossier at political level since June. I am pleased to report that all member states, Ireland included, attach urgency to achieving political agreement on the future financial framework at next month's European Council. It is clear, however, that considerable work needs to be done at Council level if we are to overcome the divisions that still exist among member states. Ireland's priorities in the current phase of the negotiations are unchanged. We also consider that the basis for agreement in December must be the package that was on the table in June. This is also the position of a clear majority of member states.

The Presidency is aiming to secure agreement on the dossier at the European Council meeting on 16-17 December. We will do everything possible, consistent with our stated priorities, to secure early agreement in the interests of the enlarged Union and its citizens.

Middle East Peace Process.

Olivia Mitchell

Ceist:

35 Ms O. Mitchell asked the Minister for Foreign Affairs the position with regard to proposals to instigate United Nations sanctions against Syria; and if he will make a statement on the matter. [33278/05]

On 31 October, the UN Security Council unanimously adopted Resolution 1636, welcoming the report of the UN International Investigation Commission into the assassination of the former Prime Minister of Lebanon, Mr. Rafiq Hariri, in Beirut on 14 February 2005. The commission, under the German investigator, Mr. Detlev Mehlis, submitted an interim report on 19 October which indicated that major lines of inquiry pointed to the involvement of senior Lebanese and Syrian officials in the murder. The report stated that Syrian officials had not been fully co-operative with the inquiry, and had, indeed, attempted to mislead it.

Security Council Resolution 1636 notes that serious questions remain to be answered by the Syrian authorities and requires that Syria extend full co-operation to the inquiry. The mandate of the commission has been extended to 15 December 2005. The resolution requests the commission of inquiry to make a further report to the Security Council by 15 December on issues, including the level of co-operation by the Syrian authorities, so that the Council can, if necessary, consider further action.

While some Security Council members have made known their views on possible sanctions against Syria, there has been no such decision by the Security Council. Syria has denied involvement in the murder of Mr. Hariri, has pledged full co-operation with the investigation and has established its own internal inquiry. The Government, and our partners in the EU, believe it is essential that Syria acts immediately on its stated intention to co-operate with the investigation. We hope that when the commission reports to the Security Council in mid-December, it will be in a position to state that Syria has co-operated fully so that those responsible for the assassination can be brought to justice.

Overseas Development Aid.

Pat Breen

Ceist:

36 Mr. P. Breen asked the Minister for Foreign Affairs the level of funding allocated to the work of the International Association of Business and Parliament; the countries in which the work of the association is funded by the Government; and if he will make a statement on the matter. [33300/05]

The Government is committed to funding the International Association of Business and Parliament in the amount of €286,170 over a two-year period in support of a project aimed at strengthening legislatures in Georgia, Ukraine, Armenia and Moldova. The overall objective of the project is to foster economic development and good governance, as prerequisites for poverty reduction, through the institutionalisation of non-corrupt and transparent relationships between legislators and the business sector.

An initial grant of €98,457 was paid to the association in July 2005. A second instalment of the grant amounting to €67,393 will be paid this month, with the remainder payable in February and October 2006.

International Agreements.

Brendan Howlin

Ceist:

37 Mr. Howlin asked the Minister for Foreign Affairs the reason Ireland, having voted for the optional protocol to the UN Convention Against Torture at the UNGA, has not gone on to sign the protocol, or to proceed with its ratification. [33496/05]

On 18 December 2002, the Third Committee of the United Nations General Assembly adopted the Draft Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment, OP-CAT. Ireland, along with other EU partners, fully supported the draft optional protocol and worked for its adoption at the UN General Assembly and the Commission on Human Rights.

The object of the protocol is to establish a system of regular visits undertaken both by an independent international body and by national bodies to places of detention with a view to preventing torture and other cruel, inhuman or degrading treatment or punishment. The international body is to be a sub-committee of the UN Committee against Torture and Other Cruel, Inhuman or Degrading Treatment. At the national level, states may maintain, designate or establish one or several bodies for the prevention of torture at the domestic level.

As regards our signature of the optional protocol, with a view to subsequent ratification, the Minister for Justice, Equality and Law Reform informed the Dáil on Tuesday, 8 November, that he is reviewing national legislation to ascertain whether legislative changes would be required before signature and ratification of the optional protocol. I understand that he has commenced consultations with other Departments and bodies, including the Department of Health and Children and the Department of Education and Science, on arrangements for the inspection of institutions for which they are responsible.

Common Foreign and Security Policy.

Enda Kenny

Ceist:

38 Mr. Kenny asked the Minister for Foreign Affairs the steps being taken at EU level to co-operate across all member states in the fight against terrorism; and if he will make a statement on the matter. [33288/05]

Terrorism is recognised as a major threat to the security of the European Union and of its citizens. Terrorism puts lives at risk. It imposes large costs. It seeks to undermine the openness and tolerance of European societies. It poses a strategic threat to the whole of Europe. The European Union is determined to take all necessary actions to counter the terrorist threat. The fight against terrorism therefore constitutes a priority objective for its member states.

Ireland has played a significant role in shaping the Union's reaction to terrorist outrages. Ireland held the EU Presidency at the time of the Madrid bombings in March 2004. Its co-ordination of the Union response led to the adoption of two documents that still shape and direct the Union's response to terrorism, the European Union Declaration on Combating Terrorism and the Revised EU Action Plan on Combating Terrorism. The action plan contains seven strategic objectives and is comprised of some 170 individual actions covering all aspects, both external and internal, of the Union's activities. An EU counter-terrorism co-ordinator was appointed to drive forward implementation of the action plan, which was revised in June 2005.

As far as the EU's external relations are concerned, its principal aim on terrorism is to deepen the international consensus and enhance international efforts to combat it. In so doing the EU closely supports the efforts of the United Nations. It collaborates closely with the relevant Security Council committees and the terrorism prevention branch of the UN Office on Drugs and Crime. The EU promotes the ratification of the existing conventions relating to international terrorism. Along with other EU Foreign Ministers, I recently signed, subject to ratification, on behalf of Ireland, the International Convention on the Suppression of Acts of Nuclear Terrorism. The EU is currently involved in very sensitive negotiations at the UN General Assembly towards the conclusion of a comprehensive convention on international terrorism, which would include an agreed definition of terrorism.

The EU maintains a close collaboration with the United States on this issue. The scope of co-operation is set out in the Dromoland Castle Declaration of June 2004 and covers such areas as the financing of terrorism, increased police, judicial and security co-operation, international transport safety and border controls, dealing with the consequences of terrorist attacks, recruitment to terrorism and enhancing the ability of vulnerable states and third countries to meet terrorist attacks.

The fight against terrorism is a major priority of the Justice and Home Affairs Council. The adoption of anti-terrorist measures is dealt with extensively in the Hague programme on strengthening freedom, security and justice in the European Union which was endorsed by the European Council in November 2004.

Over the past 18 months, much has been achieved as regards internal aspects of the declaration and the action plan. Transport security has been improved. Europol and Eurojust have provided effective support in combating terrorism. All 25 member states have had their counter terrorism arrangements evaluated and a strategy for tackling radicalisation and recruitment is in development.

A number of legislative measures have been adopted by the Justice and Home Affairs Council in this area, including a framework decision on the European arrest warrant and the framework decision on combating terrorism. Ongoing work in the Council includes negotiations on a European evidence warrant as well as proposals relating to the exchange of information between law enforcement authorities.

Following the London bombings on 7 July 2005, the Justice and Home Ministers met in a special session on 13 July and unanimously agreed a declaration that brought forward deadlines in the action plan on terrorism, identified four themes for future action and accelerated the Commission's programme of work. Furthermore, member states made new proposals to combat the terrorist threat. The measures agreed by the 13 July Council reflect four key policy objectives: the need to pursue and investigate terrorists across borders; the need to prevent people turning to terrorism; the need to protect citizens and infrastructure from terrorist attacks; and the need to prepare ourselves to manage and minimise the consequences of a terrorist attack. It is expected that the Council will agree an updated counter-terrorism framework in the coming months.

Kidnapping Incident.

Ciarán Cuffe

Ceist:

39 Mr. Cuffe asked the Minister for Foreign Affairs his efforts concerning the kidnapping of Irish journalist, Rory Carroll; and if he will make a statement on the matter. [33566/05]

I know that everyone in this House was delighted by the release of Mr. Rory Carroll and shared the enormous sense of relief felt by all people in Ireland. I pay tribute to the dignity and composure of the Carroll family throughout their whole ordeal.

I wish also to record the Government's appreciation to all who helped achieve this happy outcome. In particular, throughout the ordeal, we maintained the closest contact with three EU partners, Britain, France and Italy, whose co-operation, both in their capitals and on the ground in Baghdad, was quite outstanding. In addition, the interim Iraqi Government and the Iranian authorities were helpful. I also thank the Muslim community here in Dublin for their concern and support. Finally, I thank most sincerely the Opposition parties for their understanding and co-operation throughout.

Throughout the 36 hours that Mr. 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 on the ground in Iraq, led by a senior ambassador and including Garda and Defence Force personnel. We believed that it was vital to have our people on the spot to ensure our direct input into discussions and decision making there. The team would, of course, have remained in constant contact with the Government here, and would have sent their assessments back to us for decision at political level here, in consultation with the Carroll family. The EU maintains a close collaboration with the United States on this issue. The scope of co-operation is set out in the Dromoland Castle Declaration of June 2004 and covers such areas as the financing of terrorism, increased police, judicial and security co-operation, international transport safety and border controls, dealing with the consequences of terrorist attacks, recruitment to terrorism and enhancing the ability of vulnerable states and third countries to meet terrorist attacks.

The fight against terrorism is a major priority of the Justice and Home Affairs Council. The adoption of anti-terrorist measures is dealt with extensively in the Hague programme on strengthening freedom, security and justice in the European Union which was endorsed by the European Council in November 2004.

Over the past 18 months, much has been achieved as regards internal aspects of the declaration and the action plan. Transport security has been improved. Europol and Eurojust have provided effective support in combating terrorism. All 25 member states have had their counter terrorism arrangements evaluated and a strategy for tackling radicalisation and recruitment is in development.

A number of legislative measures have been adopted by the Justice and Home Affairs Council in this area, including a framework decision on the European arrest warrant and the framework decision on combating terrorism. Ongoing work in the Council includes negotiations on a European evidence warrant as well as proposals relating to the exchange of information between law enforcement authorities.

Following the London bombings on 7 July 2005, the Justice and Home Ministers met in a special session on 13 July and unanimously agreed a declaration that brought forward deadlines in the action plan on terrorism, identified four themes for future action and accelerated the Commission's programme of work. Furthermore, member states made new proposals to combat the terrorist threat. The measures agreed by the 13 July Council reflect four key policy objectives: the need to pursue and investigate terrorists across borders; the need to prevent people turning to terrorism; the need to protect citizens and infrastructure from terrorist attacks; and the need to prepare ourselves to manage and minimise the consequences of a terrorist attack. It is expected that the Council will agree an updated counter-terrorism framework in the coming months.

Overseas Development Aid.

Richard Bruton

Ceist:

40 Mr. Bruton asked the Minister for Foreign Affairs the amount by which he expects Ireland’s contribution to overseas development aid will be increased for 2006; and if he will make a statement on the matter. [33277/05]

Pádraic McCormack

Ceist:

71 Mr. McCormack asked the Minister for Foreign Affairs if legislation will be brought forward to ensure that Ireland meets the UN target for aid; and if he will make a statement on the matter. [33280/05]

I propose to take Questions Nos. 40 and 71 together.

The Taoiseach announced at the UN Millennium Review Summit in New York on 14 September that the Government will reach the target of spending 0.7% of GNP on official development assistance by 2012.

We have agreed a number of steps along the way to achieving the target. First, we have an interim target of 0.5% of GNP in 2007. Second, aid spending is expected to reach 0.6% in 2010. We have, then, a clear pathway to achieving the UN target in 2012. As the Deputies will be aware, 2012 was my own stated preference year for the achievement of the 0.7% of GNP figure.

The 2006 Estimates process is currently under way and the allocations to the Department's Vote for International Co-operation, Vote 29, will be agreed in the context of the Estimates negotiations. On the basis of current anticipated growth rates, however, total ODA, at 0.47% of GNP in 2006, is expected to be of the order of €675 million.

My view on legislation on the 0.7% target is on record. I am not convinced that legislation is the answer. This would create a precedent which could be invoked for many areas of Government expenditure. Moreover, we have clearly charted the way forward, including through interim targets. Our commitment is achievable, and it will emphatically be achieved.

Questions Nos. 41 and 42 answered with Question No. 32.

Human Rights Issues.

Eamon Ryan

Ceist:

43 Mr. Eamon Ryan asked the Minister for Foreign Affairs his views on the US Administration regarding reports in The Washington Post that two east European countries are providing covert jail facilities to the CIA for the illegal internment of al-Qaeda suspects; if this issue has been officially raised in the EU; if he is assured that al-Qaeda suspects are not being transported to such clandestine facilities via Shannon Airport; and if he will make a statement on the matter. [33571/05]

Pat Rabbitte

Ceist:

92 Mr. Rabbitte asked the Minister for Foreign Affairs his views regarding reports in the international media, including The Washington Post, that suspects are being held at the request of the CIA in secret prisons in Eastern Europe; his further views on whether no signatory country to the European Convention on Human Rights is involved; if he is satisfied in this regard; and if, in view of such reports, the Government will institute random checks on the landings of such aircraft as are under contract to the agency referred to or its subsidiaries. [33479/05]

I propose to take Questions Nos. 43 and 92 together.

The allegation that there is or has been a network of secret prisons in Europe is a matter of very deep concern. The existence of such secret prisons would plainly be in breach of international law and of the principles upon which the EU is founded: liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law.

The authors of the article which broke this story declined to identify the European states that were alleged to host these facilities. A US-based NGO subsequently named two European states, both of which strongly denied their participation in this alleged network.

I have instructed my officials to monitor closely any further developments in this area, including the outcome of any inquires by the European Commission or any other international body.

The Government has on several occasions made clear to the US authorities that it would be illegal to transit prisoners for rendition purposes through Irish territory without the express permission of the Irish authorities, acting in accordance with Irish and international law. The US authorities, for their part, have confirmed that they have not done so and that they would not do so without seeking the permission of the Irish authorities. No request for such authorisation has been received from the US authorities.

If any citizen or other person has specific evidence that Shannon Airport or any other Irish airport is being used to transit prisoners for rendition purposes, I would reiterate the suggestion in my reply of 6 October, which has also been made by the Minister for Justice, Equality and Law Reform, that this evidence be shared with the Garda authorities who would be responsible for investigating such matters.

Overseas Property Investment.

Thomas P. Broughan

Ceist:

44 Mr. Broughan asked the Minister for Foreign Affairs his views of the legality of purchases of property and land in Turkish occupied Cyprus by Irish citizens. [33486/05]

In line with UN Security Council Resolutions 541 of 1983 and 550 of 1984, which are binding on all members of the United Nations, Ireland does not recognise the so-called "Turkish Republic of Northern Cyprus". The Republic of Cyprus has been a member state of the EU since 1 May 2004. In the absence of a comprehensive settlement to the Cyprus problem, the application of the laws and regulations of the Union to the northern part of the island is suspended. The issue of property rights is a crucial element in the search for a comprehensive settlement, on which the United Nations has the lead role, and will not be resolved until such a comprehensive settlement has been agreed.

Any Irish citizen considering the purchase of property in the area in which the Government of the Republic of Cyprus does not exercise effective control should consider very carefully all the complex legal issues involved. It is important also to take full account of the political background. Any future comprehensive settlement in Cyprus will certainly include provisions on property rights which, depending on the particular circumstances, could have very serious practical or financial implications for people who have purchased property in the northern part of the island.

Foreign Conflicts.

John Deasy

Ceist:

45 Mr. Deasy asked the Minister for Foreign Affairs the situation in Iraq, especially in view of the recent adoption of the new constitution of Iraq; and if he will make a statement on the matter. [33293/05]

Mary Upton

Ceist:

80 Dr. Upton asked the Minister for Foreign Affairs the correspondence he has had with the International Committee of the Red Cross on prisoners in Iraq; and if he will make a statement on the matter. [33492/05]

I propose to take Questions 45 and 80 together.

The situation in Iraq so far this year has been characterised by real progress in the political reconstruction of the country. This has, unfortunately, been accompanied by a continuing campaign of serious violence, aimed principally at the new Iraqi Government and its officials, and also at ordinary Iraqi civilians. The violence continues to hamper the restoration of effective administration in Iraq, and the process of physical and economic reconstruction.

The new constitution of Iraq was approved in a national referendum on 15 October. Some 63% of the electorate turned out to vote. The Independent Electoral Commission for Iraq has reported that, overall, 79% voted in favour of adoption and 21% against. Fresh elections for a fully sovereign Iraqi assembly and government will be organised under the constitution, on 15 December. In principle, this will represent the completion of the process of political reconstruction set out in UN Security Council Resolution 1546 of June 2004.

While the constitution was approved democratically by the Iraqi people, it is clear that the minority Sunni community voted heavily against it, although not in sufficient numbers to trigger the blocking mechanism of a two thirds negative vote in three provinces. The result highlights the continuing divisions in Iraqi society, which the new authorities must continue to work to overcome. In a positive development, however, the parties representing the Sunni community have decided to contest the December election. It is important that provision has been made for a short period of review for the new constitution, once the new assembly has been elected, in order to allow for attempts to address Sunni concerns.

Despite the political progress, the level of violence in Iraq continues to be a cause of grave concern. There are frequent attacks on Iraqi officials and security forces, designed to prevent the Iraqi Government establishing effective administration and public services. Attacks are also regularly perpetrated against civilians from all communities, with the aim of causing maximum loss of life, and of fomenting division and provoking retaliation and civil strife.

The Government, and our EU partners, will continue to support the Iraqi people as they work to rebuild their country after decades of dictatorship and war. The EU will maintain its assistance to the Iraqi authorities. This will include important assistance in organising the December elections and both technical and financial assistance for reconstructing the administration and economy of Iraq.

My Department has maintained regular contact on Iraq with the International Committee of the Red Cross, principally through our permanent mission in Geneva. The issues involved include the welfare of civilians caught up in zones of conflict in Iraq and the conditions of detention of prisoners in Iraq.

EU Constitution.

Ciarán Cuffe

Ceist:

46 Mr. Cuffe asked the Minister for Foreign Affairs the purpose of the Government’s White Paper on the proposed EU constitution; when he expects the White Paper to be discussed in Dáil Éireann; and if he will make a statement on the matter. [33567/05]

John Gormley

Ceist:

60 Mr. Gormley asked the Minister for Foreign Affairs the period of reflection on the proposed EU constitution which it is intended to achieve; and if he will make a statement on the matter. [33562/05]

Ruairí Quinn

Ceist:

87 Mr. Quinn asked the Minister for Foreign Affairs his views on the date which is favoured for a referendum on the European constitution; and the date which the Government has decided for publication of a White Paper in this regard. [33487/05]

Bernard J. Durkan

Ceist:

140 Mr. Durkan asked the Minister for Foreign Affairs the extent to which he and his European colleagues have prepared a strategy for the adoption of the European constitution; and if he will make a statement on the matter. [33706/05]

I propose to answer Questions Nos. 46, 60, 87 and 140 together.

The White Paper on the European Constitution, which was published on 13 October, is designed to give a fair and factual description of the constitution and an outline of the broad approach taken by Ireland to its negotiation. It has been widely distributed, including to schools, libraries, public representatives, and voluntary and non-governmental organisations. It is available to the public without charge on request from my Department and from the website www.europeanconstitution.ie. The issues the constitution addresses are directly relevant to Ireland and the EU as a whole and notwithstanding that the ratification process has been delayed, we have published the White Paper as a contribution to public information as part of the period of reflection.

The period of reflection was agreed by the June European Council in the wake of the French and Dutch referendum results in order to allow a debate take place in each country involving citizens, civil society, social partners, national parliaments and political parties. As a contribution to this wider national debate, there will be a Dáil debate on Europe and the Constitution on 23 November which will provide an opportunity for the White Paper to be discussed.

At the EU level, Ministers for European Affairs had a discussion in Brussels on Monday 7 November at which they exchanged views about the conduct of the national debates across the Union. The Heads of State and Government agreed at last June's European Council to return to the issue of the constitution in the first half of 2006 when they will make an overall assessment of the national debates and agree on how to proceed. It is important to let this process take its course. Until the position at European level becomes clearer, it is not intended to set a date for a referendum in Ireland. A similar approach has been adopted by those other member states which intend to ratify the constitution by referendum.

Foreign Conflicts.

Liam Twomey

Ceist:

47 Dr. Twomey asked the Minister for Foreign Affairs the situation in Sudan; and if he will make a statement on the matter. [33289/05]

Kathleen Lynch

Ceist:

48 Ms Lynch asked the Minister for Foreign Affairs the position of the Government on an expansion of the mandate and troop capacity of the African Union Mission in Sudan in the context of the serious disintegration of the situation in Darfur, Sudan; if the Government intends to make available additional funding and technical and logistical capacity to AMIS; his views on the implication of the recent decision of the AU Peace and Security Council to refer the matter to the UN Security Council; and if he will make a statement on the matter. [33503/05]

Bernard J. Durkan

Ceist:

146 Mr. Durkan asked the Minister for Foreign Affairs the position regarding the situation in Darfur; and if he will make a statement on the matter. [33755/05]

I propose to take Questions Nos. 47, 48 and 146 together.

The North-South Sudan Comprehensive Peace Agreement signed in Nairobi on 9 January 2005 was a major step forward, providing new hope for the future of Sudan. A new Government of National Unity was established in July, when the new constitution came into effect. Following the accidental death in a plane crash of First Vice-President and southern leader Dr. John Garang in July 2005, Cdr. Salva Kiir Mayardit was appointed to replace him. Both he and President Bashir have reiterated their determination to ensure the successful implementation of the Comprehensive Peace Agreement. Formation of the Government of National Unity was completed in September. The interim constitution for south Sudan has also been finalised and an autonomous regional Government for South Sudan was formed on 22 October.

While the political context is still very sensitive, overall significant progress is being made towards establishing stability. However, the challenges of the humanitarian situation in south Sudan remain enormous.

While progress has been made in the north-south context, I am afraid that the political and humanitarian situation in the Darfur region remains a matter of the deepest concern. I conveyed this concern to the Sudanese Acting Foreign Minister when I met him in September in New York. More than 2 million people have been displaced from their homes, including 200,000 who have crossed into Chad, as a result of the conflict in Darfur. These highly vulnerable populations are currently located in IDP and refugee camps.

Sustained international pressure needs to be exerted on all the parties to honour their commitments, improve the security situation and achieve a speedy political settlement. Ireland fully supports the African Union-mediated peace talks in Abuja, Nigeria which are due to resume on 21 November. Little progress was made at the last round of talks held in October due to a split in the SLM-A rebel group, which the international community is currently working hard to resolve. The aim is to have all parties fully represented at a high level when the talks resume, and press them to commit themselves to finding a just and lasting peace settlement for Darfur before the end of 2005. I urge all parties to meet this objective.

The Government fully supports the African Union's crucial role in Darfur, including the very valuable work of its observer mission, AMIS, in addressing the security situation. Following AMIS's initial deployment a marked reduction in violence followed. In April, the AU decided to expand AMIS from 3,200 to more than 7,700 personnel and approximately 6,773 are currently deployed.

The June General Affairs and External Relations Council approved a joint action by the European Union providing civilian and military support to AMIS, appointed Mr. Pekka Haavisto as EU Special Representative for Sudan and allocated of € 2.12 million for this purpose. The EU has also provided €92 million from the Africa Peace Facility for AMIS and will shortly allocate a further €70 million. NATO is also supplying logistical support to AMIS. In 2004-2005, Ireland has allocated €1.5 million to AMIS which is being used for human rights, humanitarian and policing aspects of the mission. The Government has also made available an officer from the Permanent Defence Forces to serve as a logistics planner in supporting the expansion of AMIS. An Army officer served as an EU observer with the mission up to June 2005.

It is deeply regrettable that there has been a recent escalation in violence in west Darfur, with attacks on internally displaced persons, IDPs, humanitarian workers and members of the African Union mission in Sudan. The General Affairs and External Relations Council on 7 November strongly condemned these attacks and called on all sides to rein in fighters involved in the recent clashes in Darfur. The UN Security Council has also condemned these attacks. The current AMIS mandate runs to January 2006 and the African Union will shortly undertake a review of the situation in Darfur and AMIS operations. This review, in which the EU will participate, is expected to also consider the future funding and mandate of AMIS.

European Security and Defence Policy.

Billy Timmins

Ceist:

49 Mr. Timmins asked the Minister for Foreign Affairs if Ireland will be joining a common European defence and security arrangement with other European Union member states; and if he will make a statement on the matter. [31913/05]

Billy Timmins

Ceist:

85 Mr. Timmins asked the Minister for Foreign Affairs the position with regard to developments at European level on the agreement of a common EU security and defence arrangement; and if he will make a statement on the matter. [33296/05]

I propose to take Questions Nos. 49 and 85 together.

The European Security and Defence Policy, ESDP, is an integral part of the Common Foreign and Security Policy, CFSP, and serves the Union's general objectives of peace and stability. These objectives and the provisions governing the ESDP are set out in the Treaties of Amsterdam and of Nice, which were approved by referendum. In this context, the European Union is increasing its ability to contribute to both the civilian and military dimensions of crisis management.

It is important to distinguish between the ESDP, which continues to develop, and the possibility of a common defence. Any move to a common defence would be for decision by the European Council acting unanimously and in accordance with member states' constitutional requirements. At present, there are no proposals for such a move. In any event, Ireland's position is clear. The amendment to Bunreacht na hÉireann in October 2002 precludes Ireland from participating in a common defence. As a consequence, the Irish people would have to amend Bunreacht na hÉireann before Ireland could take part in a common defence.

A total of eleven ESDP missions have been launched to date, as follows. The past operations were: EU military operation in the former Yugoslav Republic of Macedonia, fYROM Concordial; EU military operation in the Democratic Republic of the Congo, DRC Artemis; and EU rule of law mission in Georgia, EUJUST Themis. The current operations are: EU military operation in Bosnia and Herzegovina, EUFOR Althea; EU police mission in the former Yugoslav Republic of Macedonia, EUPOL Proxima; EU police mission in Bosnia and Herzegovina, EUPM; EU police mission in Kinshasa, DRC, EUPOL Kinshasa; EU integrated rule of law mission for Iraq, EUJUST Lex; EU mission in the Democratic Republic of the Congo, EUSEC DRC; EU support to AMIS II, Darfur; and EU monitoring mission in Aceh, AMM.

Ireland is participating in three of the Union's current missions. There are 54 members of the Defence Forces serving with EUFOR Althea in Bosnia and Herzegovina. This is a follow-on mission, led by the EU, to the NATO-led SFOR. Both missions were authorised by the UN Security Council.

Assistant Commissioner Kevin Carty, of the Garda Síochána, heads the EU Police Mission in Bosnia and Herzegovina, EUPM. A small number of other gardaí are also serving in this mission.

Ireland is contributing three personnel to the EU's civilian Aceh monitoring mission, which was established on 15 September 2005. All three are members of the Defence Forces, who possess particular skills relevant to the tasks of the mission, which include carrying out the decommissioning of weapons handed over by the Free Aceh Movement, GAM, pursuant to the agreement reached between the movement and the Government of Indonesia on 15 August.

The Union is also continuing to develop its capabilities for crisis management, both military and civilian. The objectives which it has set itself are clearly set out in the Military Headline Goal 2010 and the Civilian Headline Goal 2008.

An important aspect of ESDP is the development of a stand-by military rapid response capacity, in the form of battlegroups, and my colleague, the Minister for Defence, provided information to the House last week on the progress of consideration of the question of Ireland's participation in these. As the Deputy will be aware, the establishment by the EU of such a capacity has received the strong support of the UN Secretary General, Kofi Annan, and been endorsed in the Outcome Document of the World Summit in September of this year.

The issue of how the Union's existing civilian crisis management capabilities may be further developed is one which is receiving close attention in the light of the aspirations set out in the Civilian Headline Goal 2008 and lessons learned from the civilian missions undertaken to date. It is important that the EU have at its disposal as wide as possible a range of capabilities, to enable it to provide the most appropriate response in a given situation, which may range from a small team of specialist advisers, as in EUJUST Themis in Georgia, to a contingent of several hundred police officers to monitor, mentor and advise a local force, as in EUPM in Bosnia and Herzegovina.

Question No. 50 answered with QuestionNo. 28.
Question No. 51 answered with QuestionNo. 19.

Overseas Development Aid.

Joe Sherlock

Ceist:

52 Mr. Sherlock asked the Minister for Foreign Affairs the figure for the appeal made by the UN Secretary General Mr. Kofi Annan in the wake of the tsunami; the pledges made by Governments and international institutions; and the amounts provided as a proportion of pledges made and aid sought. [33498/05]

The original UN Flash Appeal for the region affected by the tsunami was for US$97.1 million. This figure was later increased to just over US$1 billion. Ireland pledged €20 million to tsunami relief and that pledge has been fully committed. On a per capita basis, the total combined contribution from the Government and the Irish public was one of the highest in the world.

The most accurate donor information is found on the financial tracking system of the United Nations which is compiled on the basis of information provided by member states and appealing organisations. Information on pledges to the UN Flash Appeal for the tsunami is set out in the table below. This information does not include contributions to non-UN agencies or bilateral contributions. Some 37% of Ireland's total pledge of €20 million to the tsunami affected regions was committed to UN agencies. The balance of funding was committed to other partner organisations, such as non-governmental organisations, the Red Cross and multi-donor trust funds.

Donor Contributions to the UN Flash Appeal for the Tsunami [NB: This does not reflect the full total of country contributions including direct donations of aid and money spent through domestic and international NGOs.]

Donor

Commitments/ Contributions US$

% of Total Funds

Japan

228,900,000

21.3

Private

222,468,040

20.7

Norway

70,517,489

6.6

Germany

69,603,605

6.5

ECHO (European Commission)

63,081,662

5.9

United Kingdom

59,962,659

5.6

United States

48,059,388

4.5

Canada

33,521,376

3.1

Netherlands

27,807,519

2.6

Allocations of unearmarked funds by UN

25,914,879

2.4

Sweden

21,691,311

2.0

Australia

21,255,508

2.0

Finland

19,379,049

1.8

European Commission

18,995,929

1.8

China

18,249,980

1.7

France

17,159,926

1.6

New Zealand

16,973,474

1.6

Denmark

14,372,657

1.3

Italy

11,574,565

1.1

Greece

11,096,674

1.0

Ireland: This does not include Ireland’s contribution to Non-Governmental Organisations.

9,998,755

0.9

Belgium

7,430,284

0.7

Nigeria

5,970,856

0.6

Switzerland

4,820,642

0.4

Luxembourg

4,025,681

0.4

Others

22,935,410

2.1

Grand Total:

1,075,767,318

Avian Influenza.

Dinny McGinley

Ceist:

53 Mr. McGinley asked the Minister for Foreign Affairs the matters raised at the recent General Affairs and External Relations Council meeting; if the threat of avian influenza was raised; and if he will make a statement on the matter. [33276/05]

Gerard Murphy

Ceist:

66 Mr. G. Murphy asked the Minister for Foreign Affairs the steps being taken at European Union level to prepare for a possible outbreak of avian influenza; and if he will make a statement on the matter. [33274/05]

I propose to take Questions Nos. 53 and 66 together.

The General Affairs and External Relations Council, at its meeting of 7 November 2005, discussed the outcome of the recent informal European Council meeting in Hampton Court, the WTO, the financial perspectives for 2007-2013, avian influenza and several items in the area of the Common Foreign and Security Policy. My colleague, the Minister of State, Deputy Treacy, briefed the Joint Committee on European Affairs on the full Council agenda at its meeting of 2 November 2005.

As regards to avian influenza, at its meeting on 18 October 2005, the General Affairs and External Relations Council resolved to keep this issue under close review and to return to it if required. In accordance with this decision, the Commission updated the Council at GAERC on Monday on recent developments, including the verification of the H5N1 virus in Croatia and the isolated case of H5N1 in a quarantined bird in the UK. The Council noted that, since its meeting of 18 October, avian influenza had been discussed at the informal meeting of Health Ministers on 20-21 October and at the Agriculture Ministers Council on 24-25 October. Council welcomed these productive discussions and noted Health Ministers' conclusions on the importance of effective co-ordination between EU member states that: clear, calm and consistent communication was the key; and that international co-operation with the World Health Organisation should be continued.

The Council also noted the Commission's intention to adopt communications on influenza pandemic preparedness and response planning in the EU, and on strengthening co-ordination on generic preparedness planning for public health emergencies in the Union. The UK Presidency has established a special co-ordination group to exchange information and ensure co-ordination at a strategic level concerning avian and pandemic influenza. A Council working group is progressing a new avian influenza directive.

As a precautionary measure, the Commission adopted as early as January 2004 several decisions to ensure that no poultry meat, untreated meat products and birds other than poultry — such as ornamental and pet birds — are imported from Asian countries where avian influenza has occurred, including Russia — Siberia, Kazakhstan and Mongolia. These decisions have been amended to take into account recent outbreaks in Turkey, Romania and European Russia. A wide range of measures is already in place at Community level to prevent and control avian influenza and these have been updated following recent developments.

The Commission is promoting international co-ordination and a harmonised approach of donors to support poor countries most affected, particularly in Asia. In doing so, it is supporting the global plans prepared by the three international organisations, the International Office of Epizootics, Food and Agriculture Organisation and the World Health Organisation, for a strategy emphasising control of the disease at source, while helping those countries to prepare for a possible influenza pandemic.

Question No. 54 answered with QuestionNo. 32.

Human Rights Issues.

Joe Costello

Ceist:

55 Mr. Costello asked the Minister for Foreign Affairs if he will make a statement on the present impasse in relation to the proposed visit of UN human rights monitors to Guantanamo Bay prison camp; and his views on the conditionality being imposed by the persons who operate the prison. [33540/05]

Seán Ryan

Ceist:

86 Mr. S. Ryan asked the Minister for Foreign Affairs the correspondence he has had with the International Committee of the Red Cross in relation to prisoners in Guantanamo Bay; and if he will make a statement on the matter. [33493/05]

I propose to take Questions Nos. 55 and 86 together.

While regular contact is maintained with the International Committee of the Red Cross, ICRC, through our Permanent Mission in Geneva and Washington Embassy, there has been no specific correspondence between myself and the ICRC on the subject of the prisoners in Guantanamo Bay. The ICRC has visited the US detention facility at Guantanamo Bay on a regular basis since early 2002, with a view to seeking to ensure that persons held there are treated in accordance with applicable international laws and standards. The ICRC conducts all of its work on visiting prisoners in confidence.

Regarding the proposed visit of UN special rapporteurs to Guantanamo Bay, the US has extended an invitation to visit the prisoners detained there to the special rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, the special rapporteur on freedom of religion or belief and the chairperson-rapporteur of the working group on arbitrary detention.

In this connection, the special rapporteurs have insisted that the US allows them free access to all detainees and the opportunity to carry out private interviews with them. It is my understanding that the US Government has not yet officially responded to this call, but there are reports that it is reluctant to accede to these requests.

I urge the US Government to give positive consideration to the request of the special rapporteurs, in order to allow them to carry out a full and fair assessment of the situation of the detainees held in Guantanamo Bay. I recall that the Government has, on a number of occasions, made known to the US Government its concerns regarding the treatment and status of the detainees held at Guantanamo Bay. The United States is well aware of the Government's view that those detained at Guantanamo Bay should be treated in accordance with the requirements of international human rights and humanitarian law. These concerns are shared by our EU partners.

Overseas Development Aid.

Brendan Howlin

Ceist:

56 Mr. Howlin asked the Minister for Foreign Affairs the Government’s assistance to humanitarian projects in Afghanistan; the number of allocations to projects that have been made; the NGOs in receipt of same; the sums that have been allocated; the monitoring mechanisms in place; and when such reports that have been presented to his Department will be presented to the Houses of the Oireachtas in full or summary form. [33495/05]

Since January 2000, Ireland has allocated over €28 million in funding for development and humanitarian programmes in Afghanistan. Ireland's funding to Afghanistan is delivered through a range of partners with a proven record of delivering assistance to those most in need and through mechanisms such as World Bank trust funds, designed to build capacity and to deliver essential services. Our partners are , inter alia , Christian Aid, Concern, GOAL, Halo Trust, Handicap International, Oxfam, Trócaire, the Red Cross family, World Vision, UNDP, UNICEF and the World Food Programme, WFP. The activities supported include primary education, nutrition and health, de-mining, election preparations and support.

Funding recipients are obliged to provide financial and monitoring reports to my Department on a regular basis. In 2004, Development Co-operation Ireland carried out a comprehensive external public expenditure review of Ireland's support to Afghanistan during the period 2000 to 2003. This evaluation reviews in detail Ireland's assistance to Afghanistan and outlines all payments made to partners over the period. The evaluators visited Afghanistan and had discussions with partners and recipients. The evaluation examined the effectiveness, cost efficiency and sustainability of Ireland's support. The report found that this support represented value for money for the Irish taxpayer and recommended that Ireland's policy of funding in Afghanistan should continue. A number of other recommendations were made and these are being implemented. The published report was laid before the House on 5 April 2005. A copy was sent to the Joint Committee on Foreign Affairs on 11 April 2005. Since 2003, Ireland has continued to fund humanitarian and recovery programmes in Afghanistan. These are outlined in the tables below:

2004.

Organisation

Amount (€)

Halo Trust (de-mining)

150,000

World Bank (Afghanistan Reconstruction Trust Fund)

1,500,000

Handicap International

250,000

UN Development Programme

800,000

2005.

Organisation

Amount (€)

Halo Trust (de-mining)

1,500,000

Afghanistan Reconstruction Trust Fund

500,000

UN Development Programme

800,000

British Agencies Afghanistan Group (BAAG)

50,000

Ireland has also provided funding in 2004-2005 through the multi-annual programme scheme to NGOs working in Afghanistan, including Christian Aid Ireland, Concern, GOAL and Trócaire.

Arms Trade.

Róisín Shortall

Ceist:

57 Ms Shortall asked the Minister for Foreign Affairs the position regarding the review of the code of practices on armament sales within the European Union, and such related reviews as are being conducted within individual countries of the EU. [33490/05]

I assume the Deputy is referring to the EU code of conduct on arms exports. Currently, all exports of arms from EU countries must conform to the EU code of conduct on arms exports, which establishes criteria to control such exports. Ireland was actively involved in the establishment of this politically binding code, which was adopted by the EU General Affairs Council in June 1998. The code lists the factors to be taken into account when deciding whether to allow an export of military goods, including respect for human rights, the internal situation in the country of final destination and the preservation of regional peace, security and stability.

The review of the code of conduct on arms exports was initiated during Ireland's Presidency of the EU and takes account of developments since the code entered into force in 1998. Several proposals have been made to strengthen and update the code, including a proposal to reinforce its status by transforming it into an EU common position, which would be legally binding. Ireland is in favour of such a move. The examination of the code of conduct by officials from the member states is nearing finalisation at working group level. We believe that this, the first review of the code of conduct, is a very necessary and important undertaking for the EU and we have been supportive of efforts to strengthen it.

We have also had contacts with civil society on this issue. Representatives from several EU member states, including Ireland, met with a number of NGOs last May to discuss and exchange views on the ongoing review of the code. Ireland also subsequently circulated to all our EU partners, for their consideration, written suggestions made by NGOs for possible improvements.

As well as the review of the EU code of conduct on arms exports, the EU also recently carried out a peer review of its system governing the export of items which have both civilian and military applications. The first stage of the peer review was completed in July 2004. It was conducted in clusters of two to three countries each, which examined national legislation and its implementation in order to establish best practices in the enlarged Union. The Commission co-ordinated the peer review and was assisted by a task force, which drew up an analysis and recommendations based on reports from the clustered countries. The European Union is currently considering how best to implement those recommendations.

Question No. 58 answered with QuestionNo. 20.
Question No. 59 answered with QuestionNo. 9.
Question No. 60 answered with QuestionNo. 46.
Question No. 61 answered with QuestionNo. 32.
Question No. 62 answered with QuestionNo. 28.

UN Agencies.

Willie Penrose

Ceist:

63 Mr. Penrose asked the Minister for Foreign Affairs his plans for the expansion of the activities of the United Nations Association in view of the importance of harnessing the public interest in such areas as peace-building and the achievement of the millennium development goals. [33508/05]

As the Deputy is aware, the Irish United Nations Association, IUNA, is a voluntary body and a member of the World Federation of United Nations Associations. The task of these associations is to promote and sustain understanding of, and support for, the work of the United Nations among the general public in UN member states. I am very conscious and appreciative of the valuable contribution made by IUNA in sustaining support for the United Nations among the Irish public.

The Deputy will appreciate that it is for the association as an NGO, to consider in the first instance how it can further develop its activities. My Department has increased the annual support provided to the association from £7,000 in 1999 to €35,000 this year. In addition the Department has provided one-off grants for the purchase of information technology equipment and for office refurbishment.

The Minister of State, Deputy Conor Lenihan, met representatives of IUNA in September and officials of my Department met them last week. Following these meetings my officials are considering how the Department can most fruitfully and effectively develop its collaboration with the association.

Question No. 64 answered with QuestionNo. 28.

Human Rights Issues.

John Perry

Ceist:

65 Mr. Perry asked the Minister for Foreign Affairs if the Government has communicated its concern relating to human rights abuses in Belarus to the Government of that country; and if he will make a statement on the matter. [33291/05]

The Government's continuing concern about the human rights situation in Belarus is communicated frequently to the Belarus authorities, principally through EU channels but also through bilateral diplomatic contacts, which are relatively active: the Ambassador of Belarus last visited Ireland in April, the Irish Ambassador visited Belarus in May. Our human rights concerns in Belarus were underlined on both occasions, as they were when the Belarus Embassy approached my Department before this week's Council discussion of Belarus. My visit to Belarus on 9 May was undertaken in my capacity as Special Envoy of the UN Secretary General on UN reform and as such did not address directly the human rights situation in Belarus. Ireland supports the series of EU declarations made in recent months in response to the increasing repression of civil society in Belarus.

At its meeting in Brussels on 7 November, the General Affairs and External Relations Council again expressed its deep concern at the deteriorating situation of human rights and political freedoms in Belarus, mentioning specifically the harassment of political parties, independent media, NGOs and civil society organisations. The Council confirmed its determination to intensify the EU's support for democracy and human rights in Belarus and stated its readiness to take further appropriate restrictive measures against the responsible individuals in the event of failure to uphold international standards.

If the deteriorating human rights trend is not reversed, it is feared that next year's presidential election in Belarus may come no nearer to meeting international standards for free and fair elections than the unsatisfactory parliamentary elections and referendum of October 2004. Noting the importance of the presidential election, the Council called on the Belarusian Government to invite a full OSCE-ODIHR election observation mission and allow it to operate unimpeded and to ensure also that all eligible candidates are allowed to register, campaign freely and enjoy equal access to state-controlled media. Each of these elements needs to be pursued.

The Council reaffirmed the policy of limited ministerial contact with Belarus, highlighting at the same time the EU's willingness to engage with Belarusian officials. I welcome the announcement of new channels of contact for both Council and Commission with Belarus at official level. A point of contact on Belarus is being established under the authority of Dr. Javier Solana, who intends to send his personal representative for human rights, Mr. Michael Matthiessen, to Belarus before the end of the year. The Council reaffirmed the policy of limited ministerial contact with Belarus, highlighting at the same time the EU's willingness to engage with Belarusian officials. I welcome the announcement of new channels of contact for both Council and Commission with Belarus at official level.

In the same timeframe, the Commission intends to open a regionalised delegation in Minsk. My hope is that increased contact at official level will help to broaden the EU dialogue with Belarus and thereby contribute over time to an improvement in relations. The Council has again reiterated this week its willingness to have closer and better relations with Belarus, once the authorities there demonstrate respect for democratic values and the rule of law. The choice is theirs.

Question No. 66 answered with QuestionNo. 53.
Question No. 67 answered with QuestionNo. 6.

Election Observation Missions.

Ruairí Quinn

Ceist:

68 Mr. Quinn asked the Minister for Foreign Affairs the number of occasions on which election observers from here were invited to be present on constitutional referenda and general elections in different countries; the number of occasions on which such invitations were accepted and current invitations are being considered. [33488/05]

Róisín Shortall

Ceist:

69 Ms Shortall asked the Minister for Foreign Affairs the manner in which a request for election observers for international referenda and elections are processed and in particular, the number of Irish parliamentarians who, in the past ten years, have performed this function; if he foresees any changes in the procedures governing these duties; and if he will make a statement on the matter. [33489/05]

I propose to take Questions Nos. 68 and 69 together.

The Government responds to requests to participate in constitutional referendums and election observation missions in a positive manner and ensures, where possible, that Irish representatives are included in such missions. Over the past ten years, Ireland has been invited to send observers to approximately 150 missions and has participated in over 80 missions involving more than 610 observers, of whom at least 25 were political representatives.

Irish parliamentarians have played an important role in election and constitutional referenda missions organised by such bodies as the European Union, the Council of Europe, the European Parliamentarians for Africa and the Organisation for Security and Co-operation in Europe, OSCE. Elected representatives bring valuable insights and experience to the work of observer missions. However, the availability of serving Oireachtas Members is constrained when either or both Houses are in session.

The Department of Foreign Affairs assumed direct responsibility for election observation missions from the Agency for Personal Service Overseas, APSO, on 1 January 2004. Since then, we have taken a proactive approach to the involvement of Irish parliamentarians, former and present, in observer missions funded by the Department.

The Minister of Foreign Affairs, Deputy Dermot Ahern, wrote to the Ceann Comhairle at the beginning of this year, inviting all Oireachtas members to become more involved in observation missions. In 2005, we have been invited to participate in 16 missions and have accepted 12 invitations. To date, we have posted 51 election observers of whom eight were parliamentarians, past or present. In this regard, I was particularly pleased to see that former Member of the European Parliament, Mr. John Cushnahan, is to lead the European Union election observation mission to Sri Lanka. Invitations to take part in the forthcoming missions in Kazakhstan and Venezuela are under consideration and are being looked at with a view to making a positive response. We intend to continue to take a positive approach to having an Irish presence in monitoring missions, where and whenever possible, including an active role by parliamentarians.

US Immigration Policy.

Michael Noonan

Ceist:

70 Mr. Noonan asked the Minister for Foreign Affairs the position with regard to the Government’s contact with the US Administration to support the Kennedy McCain Immigration Bill; and if he will make a statement on the matter. [33283/05]

Dan Boyle

Ceist:

74 Mr. Boyle asked the Minister for Foreign Affairs if he will report on his recent meetings in New York concerning undocumented Irish immigrants; and if he will make a statement on the matter. [33564/05]

Dinny McGinley

Ceist:

96 Mr. McGinley asked the Minister for Foreign Affairs if he will report on his recent visit to the US; the groups, organisations and political figures he met regarding the present status of undocumented Irish persons there; and if he will make a statement on the matter. [33092/05]

Seymour Crawford

Ceist:

98 Mr. Crawford asked the Minister for Foreign Affairs the progress being made to assist the undocumented Irish in the United States of America; if he will report on his recent visit to the United States; and if he will make a statement on the matter. [33270/05]

I propose to take Questions Nos 70, 74, 96 and 98 together.

The Deputies can be assured that the welfare of the undocumented Irish in the US is a matter of the highest priority for the Government. I would refer Deputies to the reply given by me earlier to the priority question on the same subject. In all our contacts with US political leaders, including when the Taoiseach and I met with President Bush in March, we emphasised the importance of addressing the situation in a positive and sympathetic way. In doing so, we of course appreciate that immigration is a highly divisive issue in the United States, in particular since the tragic events of 11 September 2001.

On my visit to New York and Boston last week, I stressed the high priority that the Government attaches to the welfare of the undocumented and the need to deal with immigration reform in an effective and sensitive way. In addition to Irish immigration groups and the Irish-American media, I also briefed the editorial board of the New York Times and former President Clinton on the situation. I wish to pay particular tribute to the understanding shown, and support with his contacts promised, by the former President. To further intensify our efforts, I will visit Washington later this month and strongly underline the priority the Government attaches to securing the desired reforms.

I would also like to express the Government's appreciation of the all-party support for the Government's efforts on behalf of the undocumented. Many Members of the Oireachtas, including Deputy Kenny who visited the US last week, have given generously of their time and resources to this important issue. The consensus in the Oireachtas was clearly demonstrated by the contribution of colleagues in both Houses during the debate on the all-party motion on this issue last month.

The legislative debate in Washington DC is entering a critical phase with various proposals under consideration, including the Bill jointly sponsored by Senators McCain and Kennedy. If this Bill were adopted in its present form, it would provide a path to permanent residency and, thereby enable the undocumented to participate in the life of their adopted country free from fear and uncertainty. The Government strongly supports this Bill and I have instructed the Washington Embassy and consulates to intensify their lobbying in support of it.

In addition to my commitment to advance the interests of the undocumented through legislative reform, I recently announced grants to Irish immigration centres in the US totalling US$915,000. This represented an increase of 40% on last year. I suggest that any Irish person in the US in need of guidance and support at this complex time of change should approach one of these centres. They provide a range of invaluable information and advisory services, and we are warmly appreciative of their work. While in New York last week, I again had the opportunity to see their work at first hand, and to convey our deep appreciation for it, as I know Deputy Kenny did, also.

Question No. 71 answered with QuestionNo. 40.

Diplomatic Relations.

Jan O'Sullivan

Ceist:

72 Ms O’Sullivan asked the Minister for Foreign Affairs the significance the Government attaches to the recent presidential election and change of government in Poland; if he has spoken to the incoming President; and if he will make a statement on the matter. [33506/05]

Ireland and Poland enjoy excellent bilateral relations and work closely together as member states of the European Union where we have many shared interests. We look forward to maintaining this relationship with the new Government under Prime Minister-designate Marcinkiewicz which is seeking parliamentary approval today. Poland's new Foreign Minister, Mr. Stefan Meller, attended this week's meeting of the General Affairs and External Relations Council, GAERC, in Brussels at which I represented Ireland. The recently elected President, Mr. Lech Kaczynski, is scheduled to take office on 23 December and I expect that the Taoiseach and I will have the opportunity for contact with him following his inauguration.

Human Rights Issues.

Eamon Ryan

Ceist:

73 Mr. Eamon Ryan asked the Minister for Foreign Affairs his views on the recently published UN report on the oil for food programme scandal in Iraq. [33570/05]

The fifth and final report of the Independent Inquiry Committee, ICC, established by the UN Secretary General to examine irregularities in the operation of the Iraq oil for food programme, OFFP, was issued on 26 October in New York. The report focused on the manner in which the Saddam Hussein regime manipulated the programme to gain illegal income though the imposition of surcharges on purchases of oil, and through demanding illicit payments, "kickbacks", in return for the award of contracts for the supply of goods imported under the OFFP. It contains tables with lists of the companies involved in various ways with the programme, and details the extent of their payment of surcharges and kickbacks.

The UN Secretary General, in reacting to this report, said he hoped that national authorities would take action, where appropriate, against companies falling within their jurisdiction. The report has been drawn to the attention of the Department of Justice, Equality and Law Reform.

Any misuse of the UN oil for food programme, which was established for the purpose of relieving the humanitarian situation of the Iraq people, is to be deplored. It would not be appropriate for me to comment on individual cases listed in the report.

As I said in a press statement on the fourth report of the IIC, which looked at the management of the programme by the UN, this large and complex initiative achieved many vital humanitarian goals in Iraq. A full investigation was nonetheless necessary to identify the weaknesses in the programme's structure and implementation, and to ensure that the UN system addressed these. The committee made valuable recommendations for strengthening the management and accountability of the organisation.

I noted that while the committee ascribes deficiencies in management oversight to Secretary General Annan, it found unambiguously that no evidence exists that he sought to influence the procurement process for the programme. The committee also pointed out that responsibility for failures in oversight is widely shared, including by the members of the Security Council. During its membership of the Security Council in 2001-2002, Ireland worked hard to ensure that the programme was better adapted to alleviating the humanitarian situation of the Iraqi people. The recent UN World Summit supported the Secretary General in his ongoing efforts to strengthen the UN's secretariat and its management, and invited him to come forward with further proposals in this regard.

Question No. 74 answered with QuestionNo. 70.

Arms Trade.

Seán Ryan

Ceist:

75 Mr. S. Ryan asked the Minister for Foreign Affairs further to Question No. 2 of 6 October 2005, the complexity to which he referred in that answer, and which would delay the establishment of an arms sales treaty. [33494/05]

My comment regarding the complexity of the issue was in reference to such considerations as the scope of the proposed international arms trade treaty and the wish of its proponents that it be a legally-binding document.

Experience within the United Nations in the past has shown that negotiations involving 191 states on such matters have been complex and consensus is often difficult to achieve. There have been successes in this field in recent years, including most recently an international instrument to enable states to identify and trace, in a timely and reliable manner, illicit small arms and light weapons, which was adopted last June. Even here, however, it was not possible to agree a legally binding text, for which we and our partners in the European Union had pressed.

We will continue to promote the objective of strengthening arms controls globally. Ireland fully supports strict controls on arms and is working within the European Union and at a number of international fora to develop such controls, including an international arms trade treaty.

Official Engagements.

Dan Boyle

Ceist:

76 Mr. Boyle asked the Minister for Foreign Affairs if he will report on his speech to the National Forum on Europe on 20 October 2005 in Dublin Castle; and if he will make a statement on the matter. [33565/05]

I was delighted to be able to accept an invitation to address the National Forum on Europe at the resumption of its work in Dublin Castle on 20 October. My address was followed by an extended discussion with contributions and questions from the members of the forum, as well as from participants from its special observer pillar, to which I responded.

Since its inception, the forum has played a key role in encouraging public debate in Ireland about European issues vital to our country's success. The forum, under the excellent chairmanship of Senator Maurice Hayes, will have a particular role to play during the current period of reflection on the European constitution and the future of Europe.

The main thrust of my address to the forum was to underline the significant achievements of the European Union and highlight how it is ideally suited to confront many of the emerging regional and global challenges. Among the subjects I addressed were the European constitution, the Union's future financial perspectives, Europe's economic performance and the challenges of globalisation, the Union's role in the prevention and resolution of international problems, and its leading contribution in the field of development co-operation.

The text of my statement is available on my Department's website, and a report of the meeting and a transcript of the proceedings are available from the website of the National Forum on Europe.

Middle East Peace Process.

Eamon Gilmore

Ceist:

77 Mr. Gilmore asked the Minister for Foreign Affairs the position of the Government on the vindication of the decision of the International Court of Justice in July 2004 as to the legality of the wall being constructed by Israel in part of Palestinian land; the implications of such construction for the roadmap for peace; and the Government’s position on current Israeli settlement policy and its implications for the peace process. [33477/05]

The advisory opinion issued by the International Court of Justice on 9 July 2004 on the construction of the wall on occupied Palestinian territory is not binding, but it represents a clear and authoritative statement of the position in international law. The Government believes it must be respected. The Government and its partners in the European Union have reaffirmed this position on many occasions. Ireland supported UN General Assembly Resolution ES-10/15, which was adopted by an overwhelming majority in response to the International Court of Justice's advisory opinion.

The EU has consistently affirmed its position regarding the legality of Israel's actions in constructing the separation barrier, and in particular with regard to its route. We recognise absolutely Israel's right to provide for the security of its citizens, but the construction of the separation barrier on occupied territory represents an obstacle to the implementation of the quartet roadmap, and therefore to the prospects of a peaceful and lasting settlement to the Israeli-Palestinian conflict. I am also very concerned over its humanitarian and economic consequences and the infringements of recognised principles of human rights for the Palestinian population.

On the issue of settlements, the Government has consistently taken the view that the transfer by an occupying power of its own population into occupied territory constitutes a breach of the Fourth Geneva Convention. The establishment of settlements by the Israeli authorities in the occupied Palestinian territories is contrary to international law.

The Government has conveyed its concerns on these issues directly to the Israeli Government on many occasions. I raised them when I met Foreign Minister Shalom in Jerusalem on 12 July.

The General Affairs and External Relations Council, which I attended in Brussels on 7 November, reiterated the concern of the EU. The Council urged the Israeli Government to cease all activities in the Palestinian territories, including settlement building, the construction of the separation barrier and the demolition of Palestinian homes, which are contrary to international law and threaten to make any solution based on the coexistence of two states physically impossible. The Council expressed particular concern over the implementation of these policies in and around east Jerusalem, and recalled that the EU will not recognise any change to the pre-1967 borders which has not been arrived at by agreement between the parties.

Question No. 78 answered with QuestionNo. 23.

Consular Services.

Joe Costello

Ceist:

79 Mr. Costello asked the Minister for Foreign Affairs if he will raise with his EU counterparts at the Council of Ministers, the desirability of having a common EU policy or set of guidelines for dealing with fatalities that occur when EU citizens are on holidays, in employment or on business in other member states in order that the next-of-kin has some direction when dealing with the logistics of the tragedy; and if he will make a statement on the matter. [29778/05]

The core objective of the Department of Foreign Affairs in providing consular services is to assist and protect the interests of Irish citizens who live or travel abroad. In providing consular services, the Department is guided by a number of international agreements which established international norms for the treatment of non-nationals by host countries. They also prescribe rights of states in acting to protect the interests of its citizens abroad. The foremost amongst these is the Vienna Convention On Consular Relations which was incorporated into Irish law in 1967.

The Department has a network of diplomatic missions abroad and one of the principal purposes of a mission is to provide consular services to Irish citizens. The main consular services provided by our embassies and consulates abroad include issuing emergency passports; assistance to victims of serious accidents, illnesses or crime; assisting people detained, arrested or imprisoned abroad; transferring funds to Irish citizens abroad where conventional means are unreliable or non-existent; repatriation of Irish citizens in emergency circumstances; and assistance in connection with deaths abroad and the return of remains to Ireland. However, it is the right of every state, including Ireland, to make its own domestic law and many countries have administrative, legal and law enforcement systems different from those in Ireland. These reflect local customs and practices. Those laws and requirements must of course be respected when an Irish citizen travels abroad.

The Department has been involved in the negotiations at the EU consular affairs working group meetings on the drawing up of guidelines on closer consular co-operation between member states. These negotiations were the basis for the declaration in the European Council on 16-17 December 2004, which confirmed the importance of intensified consular co-operation amongst member states in normal times and in times of crises, thus helping them to deal more effectively with the increasing demand for consular services. These discussions on consular issues are ongoing within the consular affairs working group and at the high-level meeting of consular officials held during each Presidency.

I assure the Deputy that the Department will continue to work closely with other member states to streamline procedures for dealing with common problems, including fatalities, faced by EU citizens in other member states.

Question No. 80 answered with QuestionNo. 45.
Question No. 81 answered with QuestionNo. 32.
Question No. 82 answered with QuestionNo. 19.

Diplomatic Representations.

John Gormley

Ceist:

83 Mr. Gormley asked the Minister for Foreign Affairs the representations he has made to the US authorities regarding the arrest of Workers’ Party president Mr. Sean Garland; and if he will make a statement on the matter. [33563/05]

As I advised the Deputy on 26 October, Irish officials at the British-Irish Intergovernmental Secretariat in Belfast were asked at the time to seek clarification from the British authorities as to the basis for the arrest of Mr Sean Garland. It was indicated that Mr. Garland was provisionally arrested on foot of a request from the United States Government for his extradition. The request for extradition was made on the basis that Mr. Garland is the subject of an indictment filed on 19 May 2005 in the United States District Court for the District of Columbia. The United States authorities want Mr. Garland to stand trial on counterfeiting charges.

Mr. Garland was released on bail subject to the payment of surety and daily reporting to a PSNI station. Mr. Garland was also instructed to reside at an address in Northern Ireland pending the receipt of appropriate documentation from the US authorities to support the extradition request. I understand his bail conditions have since been varied and he has been able to leave Northern Ireland.

As I have stated, the United States authorities are aware of the interest of the Government in this case. However, as the Minister of State, Deputy Treacy, said in the Dáil during the Adjournment debate on 20 October, the Government is not in a position to interfere in legal proceedings that are taking place in another jurisdiction. Such matters are for the courts alone to decide, and therefore further comment on the details of the case would be inappropriate at this time.

Expressions of Sympathy.

Breeda Moynihan-Cronin

Ceist:

84 Ms B. Moynihan-Cronin asked the Minister for Foreign Affairs if he and the Irish people have offered their sympathy to the US ambassador to Ireland on the death of Ms Rosa Parks; and if he will make a statement on the matter. [33510/05]

I was saddened to learn of the death of Rosa Parks on 24 October last at the age of 92. A formal message of condolence has not been sent to the US ambassador as this would usually be the practice only in the case of current or former office holders. I am pleased, however, to have this opportunity to record the Government's admiration for her remarkable contribution as a civil rights pioneer.

Ms Parks's place of honour in the history of the United States is rightly guaranteed. Her courage in the face of injustice contributed to the emergence of a more fair and equal society. It also influenced others far beyond the United States. All of us who value justice, liberty and equality are grateful for the life and example of this extraordinary individual.

Question No. 85 answered with QuestionNo. 49.
Question No. 86 answered with QuestionNo. 55.
Question No. 87 answered with QuestionNo. 46.

Human Rights Issues.

Trevor Sargent

Ceist:

88 Mr. Sargent asked the Minister for Foreign Affairs if his attention has been drawn to the treatment by the Chinese authorities of North Korean refugees, many of whom are sent back to North Korea where they face further persecution and possible death; if he has raised the issue with the Chinese authorities; and if he will make a statement on the matter. [33573/05]

I am aware of the matter to which the Deputy refers. I know that a recent television documentary shown here on the return of refugees to North Korea from China has increased awareness and concern on the issue in Ireland.

Ireland, together with our partners in the European Union, takes concerns about the human rights situation and the treatment of refugees in China very seriously. Human rights issues are a constant point of discussion in our bilateral and EU level dialogue with the Chinese authorities. Most recently, the Minister of State, Deputy Treacy, met the Chinese Vice-Minister for Foreign Affairs in Beijing on 21 September and they discussed a wide range of issues, including human rights.

The EU-China human rights dialogue is the agreed formal framework through which the EU raises its concerns with China about individual human rights cases and more general issues. At the latest round of the human rights dialogue, held in Beijing on 24 October, the EU raised once more its concern regarding forced returns of North Korean refugees and urged China to work with the United Nations High Commissioner for Refugees and to respect its obligations under the 1951 Geneva Convention on the Status of Refugees and its 1967 Protocol.

Foreign Conflicts.

Liz McManus

Ceist:

89 Ms McManus asked the Minister for Foreign Affairs if he has any further information to add to his response to Question No. 184 of 27 October 2005 with respect to the reported detention of an Irish citizen by US forces in Iraq. [33481/05]

The Department of Foreign Affairs is continuing to make inquires to try to establish the facts of the situation. If the information becomes available, I will immediately convey it to the Deputy.

Question No. 90 answered with QuestionNo. 28.

Departmental Staff.

Liz McManus

Ceist:

91 Ms McManus asked the Minister for Foreign Affairs the number of staff that have been recruited to his Department in each of the past five years; the number of staff taken into his Department by way of transfer; and the projected number of staff proposed to be recruited during the next five years. [33482/05]

The following table sets out the information requested by the Deputy. It should be noted that a significant number of staff will also have left the Department during this period, on transfer to other Departments or offices. Others will have retired or resigned, or availed of the option to take career breaks or special leave. I am afraid that I am unable to estimate the number of staff that will be recruited by the Department over the next five years.

Table: Departmental recruitment during the period 2000-2005 to date.

AYear

BNumber of new appointees to the Department

COf those, the number who transferred from elsewhere in the Civil Service

2000

117

6

2001

144

12

2002

201

13

2003

102

11

2004

65

45

2005 to date

49

19

Note 1: The information provided above excludes the following categories:

1.Temporary staff recruited to serve in ministerial offices, whose appointments are or were coterminous with those of the Ministers concerned;

2.Staff temporarily recruited in connection with the additional work which arose in the lead-up to and during Ireland's EU Presidency in the first half of 2004;

3.Stagiaires; and

4.Temporary staff recruited for seasonal work in the Passport Office and staff locally recruited by Irish Missions.

Note 2: Column C also includes staff of the former National Committee for Development Education and the former Agency for Personal Service Overseas that were integrated into the Department in 2003 and 2004 respectively.

Question No. 92 answered with QuestionNo. 43.

Foreign Conflicts.

Phil Hogan

Ceist:

93 Mr. Hogan asked the Minister for Foreign Affairs the political and security situation in Afghanistan; and if he will make a statement on the matter. [33269/05]

Bernard J. Durkan

Ceist:

143 Mr. Durkan asked the Minister for Foreign Affairs if he will report progress on the situation in Afghanistan; and if he will make a statement on the matter. [33710/05]

I propose to take Questions Nos. 93 and 143 together.

I would refer the Deputies to my comprehensive reply to Questions Nos. 76 and 112 of 6 October on the security, political and humanitarian situation in Afghanistan. The security situation remains a matter of serious concern. On 21 October nine policemen were killed when suspected Taliban rebels ambushed their convoy in Kandahar province. A British soldier participating in the international security assistance force in Afghanistan was killed in an attack in Mazar-e-Sharif on 29 October in which five of his colleagues were injured.

I referred in my reply of 6 October to the successful holding of parliamentary and provincial elections on 18 September. Certified results of the elections to the lower house of Parliament, the Wolesi Jirga, and to provincial councils are now available for most of Afghanistan's provinces. The results from a small number of provinces, including Kabul, have not yet been certified by the joint electoral management body, JEMB, an independent body set up to administer and oversee the electoral process, but are expected in the coming days. Analysis of the results confirms that the Wolesi Jirga, as expected, will be highly fragmented with neither government nor opposition having a majority. Ethnically, it will be a hung Parliament, with a fine balance between Pashtun and non-Pashtun groups.

Provinces with certified results are scheduled to hold inaugural meetings of the provincial councils on 10 November. Representatives to the upper house, the Meshrano Jirga, will be elected by the provincial councils on 12 November. President Karzai will nominate one third of the membership of the upper house.

The EU General Affairs and External Relations Council, at its meeting on 7 November, approved a draft EU-Afghanistan Joint Declaration committing the EU to a new EU-Afghan partnership which is due to be signed with Afghanistan on 16 November.

Question No. 94 answered with QuestionNo. 33.
Question No. 95 answered with QuestionNo. 23.
Question No. 96 answered with QuestionNo. 70.
Question No. 97 answered with QuestionNo. 32.
Question No. 98 answered with QuestionNo. 70.

Emigrant Support Services.

Paul Connaughton

Ceist:

99 Mr. Connaughton asked the Minister for Foreign Affairs the number of recommendations of the task force on emigrants that have been implemented to date in 2005; and if he will make a statement on the matter. [33279/05]

The task force on policy regarding emigrants produced a very good report with wide-ranging conclusions, covering the full range of emigrant needs. Its recommendations were far-reaching and varied and the implementation of some of these will be, by necessity, on a phased basis over a number of years. Considerable progress has already been made, with action underway on over two thirds of its recommendations. A great many of the recommendations in the report relate to issues of continuing importance which will require on-going action from all partners, in Government and the voluntary sector, in Ireland and abroad.

The high priority which the Government attaches to this area of national policy is reflected in the establishment of a dedicated unit in my Department — the Irish abroad unit — to work exclusively on the issue. Funding for emigrant services continues to increase very substantially. This year the allocation is more than eight times greater than it was in 1997. In all, grants in 2005 will amount to €8.273 million, representing a 63% increase on last year. I expect to see a further significant increase in the coming year.

A particular priority is the need to support our most vulnerable and marginalised communities abroad, in particular our older community in Britain. In this regard, the considerably increased funding has enabled enhanced support to be given to voluntary agencies engaged at the front-line with vulnerable communities. In addition, these agencies are engaged in the provision of pre-departure services, as well as advice and assistance to emigrants wishing to return to Ireland. Groups in Britain will this year receive €7 million, an increase of 61% on last year. The higher allocation has allowed us to respond positively to requests from organisations there to increase funding and to widen the eligibility criteria. While the primary emphasis of funding continues to be on supporting front line welfare services, I am pleased that additional funding has made it possible to support a number of capital projects as well as some projects of a social or cultural nature which help to foster a greater sense of community. So far this year, I have approved grants to 102 organisations, the highest number ever.

In September I approved grants of €750,000 to groups in the US, an increase of 40% on last year. I am currently considering funding for groups in Australia and Canada. This year I have also approved increased financial support for groups in Ireland engaged in the provision of pre-departure services and assistance to emigrants wishing to return to Ireland, both areas also identified by the task force as meriting greater support.

Another area to which I have attached particular priority this year is the welfare of our undocumented community in the US. The legislative debate in the US on immigration reform is entering a critical phase. In the light of the high priority which the Government attaches to securing the desired reform, and assisted by the important all-party resolutions passed recently in both Houses of the Oireachtas, I am intensifying our lobbying efforts, including through visits to Washington, New York and Boston. Likewise, I have instructed the embassy and the consulates in the US to intensify their lobbying in pursuit of our position.

The Deputy can be assured that the welfare of our citizens abroad has the highest ongoing priority for the Government. My Department will continue to maintain very close contact with front line organisations to ensure that the voluntary sector has an effective channel of communication with the Government. In this way we can continue to ensure that everything possible is done to help, and to advance, the interests of our community living abroad.

Question No. 100 answered with QuestionNo. 33.
Question No. 101 answered with QuestionNo. 20.
Question No. 102 answered with QuestionNo. 32.

Poultry Industry.

Michael Ring

Ceist:

103 Mr. Ring asked the Tánaiste and Minister for Health and Children the position regarding chicken that is being imported from EU counties and relabelled as Irish chicken; if this is happening at present; if so, her plans regarding same; and if she will make a statement on the matter. [33594/05]

The labelling of poultry meat within the European Union is regulated by a number of legislative instruments. First, all pre-packaged food, including pre-packaged poultry meat, must adhere to the general labelling requirements of Council Directive 2000/13/EC, as amended. According to these rules, origin labelling is not normally required for packaged food unless its absence misleads the consumer. Therefore, pre-packaged poultry meat such as chicken breasts do not have to indicate their origin. However, where other particulars on the label might mislead the consumer as to the true origin or provenance or the food, such as a flag or a map other than that of the country of origin, the true country of origin must be clearly declared.

The principal aim of this legislation is to inform the consumer of the properties of the food being purchased and to enable consumers to make informed choices. It is therefore an offence under Council Directive 2000/13/EC, both to indicate on the label the origin other than the true origin of chicken meat and to mislead the consumer as to the true origin of the food. The Food Safety Authority of Ireland has overall responsibility for the enforcement of food labelling legislation in Ireland. The statutory agencies currently enforcing this legislation under service contract to the FSAI are the Department of Agriculture and Food, the Department of Communications, Marine and Natural Resources, the Health Service Executive, local authorities and the Office of the Director of Consumer Affairs.

In accordance with Council Regulation (EEC) No. 2913/92 establishing the Community customs code, any goods — including food — whose production involves more than one country shall be deemed to originate in the country where they last underwent substantial processing. Thus, for example, imported poultry meat which is imported into Ireland and further processed into chicken pie here, may be labelled as a product of Ireland. The European Commission is currently reviewing the horizontal labelling legislation in order to recast and modernise its provisions. The Directorate General for Health and Consumer Affairs commissioned a report on the evaluation of food labelling legislation, one of the recommendations of which is to investigate the extension of mandatory origin labelling to other meats in addition to beef, as well as to consider the type of indication of origin required by consumers, for example, the place of production, slaughter and so on.

My Department would welcome mandatory rules requiring details of origin to be given on the label of poultry meat and this would be in line with the report of the food labelling group established by the Minister for Agriculture and Food in 2002. One of the recommendations of that report was that information on the origin of fresh, chilled and frozen sheep meat, pig meat and poultry meat, sold in retail outlets, pre-packaged or otherwise, should be declared. Informal discussions between the Commission and member states on the recasting of the labelling legislation have commenced and a Commission proposal is expected in 2006.

State Property.

Paul Connaughton

Ceist:

104 Mr. Connaughton asked the Tánaiste and Minister for Health and Children the position regarding an application by the Health Service Executive, western region, for a valuation report for the Portumna workhouse; and if she will make a statement on the matter. [33665/05]

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.

Departmental Funding.

Brian O'Shea

Ceist:

105 Mr. O’Shea asked the Tánaiste and Minister for Health and Children her proposals to direct the Health Service Executive to take on a co-ordinating role in regard to funding for voluntary organisations that are funded by various agencies (details supplied); and if she will make a statement on the matter. [33585/05]

The Health Service Executive has legal responsibility for the management and delivery of health and personal social services, under the Health Act 2004. The remit of the executive would not normally extend to the co-ordination of the activities of agencies outside the health area.

Hospital Services.

Pat Breen

Ceist:

106 Mr. P. Breen asked the Tánaiste and Minister for Health and Children the cost of the CAT scan unit promised by the Health Service Executive to Ennis General Hospital; the cost of installation of same; when same will be installed and operational; the cost of same; the type and specification of CAT scan which will be installed; the arrangements which are being put in place in Ennis General Hospital for the CAT scan unit; and if she will make a statement on the matter. [33586/05]

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

Medical Cards.

Pat Breen

Ceist:

107 Mr. P. Breen asked the Tánaiste and Minister for Health and Children when the promised general practitioner visit cards will be available in County Clare; if there are staffing issues among community welfare officers in County Clare and if so when they will be resolved; the length of time of the delay for the availability of the visit cards; and if she will make a statement on the matter. [33587/05]

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.

Pat Carey

Ceist:

108 Mr. Carey asked the Tánaiste and Minister for Health and Children the number of diabetes patients here who are in receipt of a GMS or LTI card to date in 2005 and in 2004; and if she will make a statement on the matter. [33628/05]

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.

Violence Against Women.

Liz McManus

Ceist:

109 Ms McManus asked the Tánaiste and Minister for Health and Children the steps she intends to take in view of the recent report from the UN Committee on the Elimination of Discrimination against Women which expressed concerns regarding the prevalence of violence against women and girls here; the further steps she will take following findings by the Women’s Aid project, Teenage Tolerance, that found high tolerance levels in young persons towards violence and abuse; her plans to aid and support children who witness domestic abuse; and if she will make a statement on the matter. [33638/05]

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. The Deputy should contact the Minister for Education and Science regarding the findings by the Women's Aid project, Teenage Tolerance.

Legislative Programme.

Charlie O'Connor

Ceist:

110 Mr. O’Connor asked the Tánaiste and Minister for Health and Children if she will provide a report on the proposed VHI Bill; and when same will be published. [33639/05]

Drafting of a memorandum, with related heads of a Bill, to address VHI's commercial status is at an advanced stage and will be circulated shortly to other Departments, prior to submission to the Government for approval.

Health Insurance.

Charlie O'Connor

Ceist:

111 Mr. O’Connor asked the Tánaiste and Minister for Health and Children her views on whether the present six monthly risk equalisation regime is sustainable in view of the regulatory burden and uncertainty that this is causing the market. [33640/05]

Charlie O'Connor

Ceist:

112 Mr. O’Connor asked the Tánaiste and Minister for Health and Children her views on the six monthly risk equalisation scheme and the regulatory burden and uncertainty that this continuing process is causing the market. [33641/05]

I propose to take Questions Nos. 111 and 112 together.

Under the Health Insurance Acts and the provisions of the risk equalisation scheme 2003, participating insurers submit data returns to the Health Insurance Authority on a six-monthly basis, and the authority analyses these returns to assess the level of risk differential between the insurers in order to make its recommendation to me regarding the commencement or non-commencement of risk equalisation transfers.

In accordance with the terms of the scheme, the authority has received returns covering four six monthly periods since 1 July 2003. I decided last June not to commence risk equalisation transfers, having considered the recommendation made by the Health Insurance Authority when it submitted its third report and the subsequent representations made by health insurance undertakings. I am currently considering the authority's fourth report. I am satisfied that the current arrangements are appropriate and that they do not impose unreasonable demands on insurers in the market. Any insurer operating, or intending to operate in the market will be aware that recourse to risk equalisation is a feature of the Irish health insurance regulatory framework.

Hospital Staff.

Brian O'Shea

Ceist:

113 Mr. O’Shea asked the Tánaiste and Minister for Health and Children the position regarding the appointment of the proposed two consultant neurologists together with back-up staff at Waterford Regional Hospital; and if she will make a statement on the matter. [33643/05]

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.

Hospital Waiting Lists.

Denis Naughten

Ceist:

114 Mr. Naughten asked the Tánaiste and Minister for Health and Children when a person (details supplied) in County Roscommon will be called for a heart bypass; the reason for the delay to date; and if she will make a statement on the matter. [33651/05]

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 to have a reply issued directly to the Deputy.

Health Services.

John McGuinness

Ceist:

115 Mr. McGuinness asked the Tánaiste and Minister for Health and Children the reason an application for hearing aids in the name of a person (details supplied) in County Carlow has not been responded to by the Health Service Executive south east region; the further reason correspondence on the same issue to the Health Service Executive from this Deputy dated 31 August 2005 has not been responded to; if she will expedite a response; and if she will make a statement on the matter. [33666/05]

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.

Bernard J. Durkan

Ceist:

116 Mr. Durkan asked the Tánaiste and Minister for Health and Children if and when home help will be arranged in the case of a person, details supplied, in County Kildare; and if she will make a statement on the matter. [33694/05]

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.

Medical Cards.

Bernard J. Durkan

Ceist:

117 Mr. Durkan asked the Tánaiste and Minister for Health and Children when a medical card will issue in the case of a person, details supplied, in County Kildare; and if she will make a statement on the matter. [33695/05]

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.

Hospitals Building Programme.

Paddy McHugh

Ceist:

118 Mr. McHugh asked the Tánaiste and Minister for Health and Children if there are plans to sell off six acres of lands purchased for the construction of a community hospital in Tuam, County Galway, details supplied; and if she will make a statement on the matter. [33713/05]

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.

Industrial Relations.

Finian McGrath

Ceist:

119 Mr. F. McGrath asked the Tánaiste and Minister for Health and Children the reason the case of a person, details supplied, in County Donegal has not been resolved; and if she will appoint a mediator to end this situation. [33731/05]

The Deputy's question relates to human resource management issues within the Health Service Executive. As this is a matter for the executive under the Health Act 2004, my Department has requested the parliamentary affairs division of the Executive to arrange to have this matter investigated and to have a reply issued directly to the Deputy.

Medical Cards.

Finian McGrath

Ceist:

120 Mr. F. McGrath asked the Tánaiste and Minister for Health and Children if a person, details supplied, in Dublin 9 is entitled to a medical card; and if the maximum support and advice will be given. [33732/05]

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.

Community Employment Schemes.

Paddy McHugh

Ceist:

121 Mr. McHugh asked the Tánaiste and Minister for Health and Children if she will communicate with the Department of Enterprise, Trade and Employment to ensure that community employment positions providing services to the IWA are mainstreamed; and if she will make a statement on the matter. [33733/05]

Paddy McHugh

Ceist:

122 Mr. McHugh asked the Tánaiste and Minister for Health and Children if funding will be made available to mainstream community employment positions providing services to the IWA; and if she will make a statement on the matter. [33734/05]

I propose to take Questions Nos. 121 and 122 together.

The mainstreaming of community employment schemes providing services for people with disabilities will be considered by my Department in the context of the Estimates process for 2006.

Tax Code.

John Curran

Ceist:

123 Mr. Curran asked the Minister for Finance the cost to the Exchequer of the tax relief for tuition fees scheme in 2004. [33583/05]

John Curran

Ceist:

124 Mr. Curran asked the Minister for Finance the cost to the Exchequer of the tax relief for tuition fees scheme in 2005. [33584/05]

I propose to take Questions Nos. 123 and 124 together.

I am informed by the Revenue Commissioners that the latest relevant and sufficiently complete information available from tax returns is in respect of income tax relief allowed for third level education fees for the income tax year 2002. The cost to the Exchequer of the tax relief for third level education fees in that year is estimated at €6.9 million.

Financial Services Regulation.

Martin Ferris

Ceist:

125 Mr. Ferris asked the Minister for Finance if he will make a statement on the fact that many financial institutions apart from National Irish Bank made settlements for DIRT not collected and that many other institutions made settlements much larger than the settlement from National Irish Bank. [33600/05]

I am informed by the Revenue Commissioners that they conducted on-site deposit interest retention tax, DIRT, look back audits on 37 financial institutions during 1999 and 2000 and reported to the Committee of Public Accounts on the outcomes. The details are provided in the final report of the committee dated 3 April 2001. As a result of the look back audit programme, financial institutions made payments totalling €220 million to Revenue. These payments represented DIRT, which should have been deducted, together with the related interest and penalties. Four institutions made larger settlements than that made by National Irish Bank. In general the largest settlements related to the largest institutions.

Martin Ferris

Ceist:

126 Mr. Ferris asked the Minister for Finance if he will make a statement on the fact that An Coiste um Chuntais Phoiblí in its inquiry into DIRT found that the kind of practices discovered in National Irish Bank were widespread in the industry. [33601/05]

The Committee of Public Accounts conducted an inquiry into the administration of deposit interest retention tax, DIRT, and related matters during the period 1 January 1986 to 1 December 1998 and published two reports, one dated 15 December 1999 and the other dated 3 April 2001. I am advised by the Revenue Commissioners that their officers conducted on-site look back audits on the operation of DIRT in 37 financial institutions during 1999 and 2000 and reported on the outcomes of these audits to the committee. At the conclusion of the audit programme, financial institutions made payments totalling €220 million to Revenue. The committee commented on the results of the audits in its final report on the DIRT inquiry, which was published on 3 April 2001.

The payments made by the financial institutions represented DIRT, which should have been deducted, together with the related interest and penalties. While the focus of these audits was the DIRT position of the financial institutions, many bogus non-resident deposit accounts that belonged to taxpayers were identified in the course of the audit work and a follow-up programme to recover tax from the underlying taxpayers was also initiated.

Stamp Duty.

Gerard Murphy

Ceist:

127 Mr. G. Murphy asked the Minister for Finance if a person will be exempted from paying stamp duty on purchasing a new house, details supplied. [33656/05]

The Deputy will be aware that there are a number of incentives in place to assist owner-occupiers in purchasing residential property. There is no stamp duty on the purchase of new residential property for owner-occupiers where the dwelling is not greater than 125 square metres and complies with certain conditions with regard to building standards. If the property is over 125 square metres, stamp duty is charged on the site value or one-quarter of the total value of the property, whichever is the greater.

Also, I introduced a stamp duty-relieving measure in the 2005 budget for first-time house purchasers who are owner-occupiers of second-hand houses by increasing the stamp duty exemption threshold for such purchasers from €190,500 to €317,500 and by having reduced rates for house values up to €635,000.

Mortgage interest relief is also available at source in respect of interest paid on monies borrowed for the purchase, maintenance, repair or improvement of that taxpayer's main residence. From 1 January 2003, a first-time mortgage holder can claim 100% tax relief for the first seven years — five years prior to 1 January 2003 — of the mortgage at the standard rate of tax — currently 20% — on the interest paid within the following limits: €8,000 — for a married couple, who are jointly assessed for tax; €8,000 — for a widow or widower and €4,000 — for a single person. Apart from those outlined above, there are no exemptions from stamp duty on residential property for specific categories of taxpayers and I have no plans to introduce such exemptions.

Tax Code.

Finian McGrath

Ceist:

128 Mr. F. McGrath asked the Minister for Finance if tax exemption in respect of artists will be retained in budget 2006; and if he will make a statement on the matter. [33722/05]

I refer the Deputy to the long-standing practice of Ministers for Finance not to comment on what may or may not be contained in upcoming budgets. I do not intend to depart from that approach.

Fisheries Protection.

Brian O'Shea

Ceist:

129 Mr. O’Shea asked the Minister for Communications, Marine and Natural Resources the statistics his Department has regarding the level of illegal salmon fishing; and if he will make a statement on the matter. [33646/05]

Brian O'Shea

Ceist:

130 Mr. O’Shea asked the Minister for Communications, Marine and Natural Resources the statistics his Department has regarding the level of illegal salmon fishing; and if he will make a statement on the matter. [33647/05]

Brian O'Shea

Ceist:

133 Mr. O’Shea asked the Minister for Communications, Marine and Natural Resources the efforts which have been made by his Department over the past 30 years to estimate the level of illegal salmon fishing; and if he will make a statement on the matter. [33645/05]

I propose to take Question Nos. 129, 130 and 133 together.

Under the Fisheries Acts, the central and regional fisheries boards are primarily responsible for the management and protection of fisheries, including measures relating to enforcement. The wild salmon and sea trout tagging scheme, first introduced by the Department through the fisheries boards in 2001, is intended to inter alia identify illegally caught salmon, eliminate sales outlets for such illegal fish and to improve traceability in the distribution chain. The programme provided, for the first time, an estimate of the previously unrecorded illegal catch in Ireland, which at that time, I am advised, was estimated at 32%.

The current mandatory application of carcass tags and logbooks has alleviated some of the difficulty in identifying illegally caught salmon. Approximately 100% of commercial fishing logbooks and 58% of anglers' logbooks were returned to the fisheries boards in 2004. An adjustment to the reported catch to take into account the numbers of fish that have been caught by anglers who have not returned logbooks is made in accordance with international practice.

The national illegal unreported catch of wild salmon is assumed to be approximately 10%. Based on direct monitoring of dealers and knowledge of the local fisheries, this is considered by many fishery inspectors to be an overestimate. A large proportion of all fisheries boards' resources have been and continue to be allocated to the protection of wild salmon. Efforts concentrate on the elimination of the practice of illegal fishing, by both the central and regional boards. These include sea, land and river based protection programmes. The national protection programme is integrated with the navy, air corps and the gardaí. Ongoing monitoring of catch statistics is achieved through the wild salmon and sea trout tagging scheme. Statistics in this regard are detailed in the annual fisheries statistics report of the central fisheries board and the fisheries boards' annual report.

Alternative Energy Projects.

Richard Bruton

Ceist:

131 Mr. Bruton asked the Minister for Communications, Marine and Natural Resources if he will indicate his estimate of the gap in production costs for bioethanol fuel compared to competing oil based products. [33113/05]

In 2004, Sustainable Energy Ireland published a report entitled, A Liquid Biofuels Strategy for Ireland. Figures provided in this report show that in 2004, the cost of petrol at the filling station, exclusive of excise duty and VAT, was 33c per litre, compared with production costs of 58c per litre for wheat-based bioethanol and 74c per litre for sugar beet-based bioethanol. In addition, due to differences in energy content of bioethanol compared to petrol, approximately 1.5 litres of bioethanol is required to replace 1 litre of petrol. The cost of petrol has of course risen significantly in 2005 and the published figures for the second quarter show the price at the pump was 39.2c per litre, exclusive of excise duty and VAT.

Fisheries Protection.

Brian O'Shea

Ceist:

132 Mr. O’Shea asked the Minister for Communications, Marine and Natural Resources the reports he has received regarding the poor quality of the flesh of 2005 coddling catch; and if he will make a statement on the matter. [33644/05]

I have not received any reports regarding the poor quality of flesh of the 2005 coddling catch. Following inquiries, I have been advised that fish processors and fish buyers in a number of locations around the coast have not reported any quality problems with this fishery.

I understand that the Deputy's question is related specifically to filleting problems and in that regard I am informed that any difficulties arising are more likely to relate to the size of the fish rather than flesh quality.

Question No. 133 answered with QuestionNo. 129.

Brian O'Shea

Ceist:

134 Mr. O’Shea asked the Minister for Communications, Marine and Natural Resources the position regarding a buy-out of commercial drift net salmon fishing licences; and if he will make a statement on the matter. [33648/05]

I have no plans at present to introduce a buy-out of commercial salmon fishing licences but I am continuing to review the matter. In this regard, I would be open to any relevant proposals presented to me whereby stakeholders benefiting from any reduction in commercial catch would engage in the first instance with licence holders and indicate a willingness to address any compensation issues that might arise.

I can confirm that I have referred the broad outline proposals, which were submitted to me recently, to the National Salmon Commission for an objective evaluation in accordance with its terms of reference in the overall context of conservation management measures designed to achieve the alignment of national and district total allowable catches and quotas.

International Agreements.

Eamon Ryan

Ceist:

135 Mr. Eamon Ryan asked the Minister for Foreign Affairs the specific reservation which has prevented the Government from declaring its support to date in 2005 for the Arms Trade Treaty. [33715/05]

With regard to the proposed International Arms Trade Treaty, ATT, the General Affairs and External Relations Council, at its meeting on 3 October 2005, acknowledged the growing support throughout the world for an international treaty to establish common standards for the global trade in conventional arms. The Council also agreed that binding standards, consistent with the existing responsibilities of states under relevant international law, would be critical in tackling proliferation. It was further agreed that the United Nations was the only forum that could deliver a truly universal instrument and the Council called for the start of a formal process at the UN at the earliest opportunity.

As I made clear in my reply to Question No. 82 of 6 October, Ireland fully supports this approach and believes it is the best way for taking this issue forward. Ireland strongly supports the process of developing strict controls on arms and will continue to participate actively within the UN and at other international fora to promote the objective of strengthening arms controls globally.

In this context, I would recall that officials from my Department have participated in a number of meetings on the ATT with other government representatives and civil society in the past two years. We also ensured that this issue was discussed within the European Union during our Presidency last year.

Humanitarian Disasters.

Bernard Allen

Ceist:

136 Mr. Allen asked the Minister for Foreign Affairs his views on whether the response time to natural disasters and other emergencies from the United Nations should be significantly improved in view of the experience with the recent earthquake in Pakistan; and if he will make a statement on the matter. [33559/05]

Ireland was among the first countries to respond to the south Asia earthquake disaster. Within a few hours of the earthquake, €1 million was pledged towards immediate relief efforts in northern Pakistan and the surrounding regions. As the casualty figures rose dramatically, our response was increased to €5 million, placing Ireland as one of the highest donors to the disaster on a per capita basis. Ireland's rapid contribution has been warmly and broadly welcomed.

The UN response to the disaster was also rapid and its agencies quickly deployed in the field. UNICEF, for example, had pre-positioned supplies which it immediately disbursed. However, the logistical capacity of the UN was tested to its limits by the scale of the disaster and the nature of the terrain. The nature of the demands on the UN changed a number of times as needs shifted. The priority of search and rescue shifted to evacuation and the management of large camps for the 3 million people rendered homeless. The priority needs changed again as large numbers of injured arrived, often suffering from infections from untreated wounds. Now the priority is to rescue and sustain people before winter arrives. Indeed, all of these demands are now simultaneous to some degree.

In this extremely challenging context, I wish to commend all those involved in the humanitarian response, including the UN, the Red Cross and Red Crescent, the Governments of Pakistan and India and the NGOs on the ground, including Concern, Trócaire, GOAL and others.

There is no doubt, however, that the UN's response has been hampered by the inadequate response to the UN's appeal. The updated UN Flash Appeal for the region has called for nearly $550 million in funding for immediate relief needs. A little over €130 million has been pledged to date. Some of the pledges made by donors have yet to materialise into confirmed contributions. Even if all the pledges are confirmed, it still leaves a very considerable shortfall.

I support President Musharraf's call for more generous assistance, specifically from Islamic, EU and OECD states. I am pleased to report to the House that Ireland's pledge to the disaster has been fully committed. It is essential that pledges are honoured so that vital assistance can be delivered to save lives.

Strengthening the financial resources of the UN itself is one of the key ways of improving its rapid response capacity. The UN is proposing to create a new enhanced fund of some $500 million, which would allow for immediate and large grants to UN agencies rapidly responding to humanitarian disasters. Ireland fully supports this initiative and I have pledged €10 million in support of the proposed central emergency response fund, CERF.

The UN is only as strong as its member states and their commitment to help it and its agencies do their job in the field. The UN's Office for the Co-ordination of Humanitarian Affairs co-ordinates the humanitarian interventions of UN agencies like UNICEF and the World Food Programme, the International Committee of the Red Cross and Red Crescent, international and national NGOs and, where appropriate and necessary, the use of heavy lift capacity by military forces. Ireland not only funds many of these organisations, but also measures to strengthen their own rapid response capacities.

Ireland is closely engaged in the work of the EU to improve civil protection and rapid response capability. The tsunami follow-up action plan has provided a range of options that are being pursued. The further development of the EU's rapid response capacity must complement and support the UN's primary role as co-ordinator in humanitarian disasters.

At the national level, we are examining ways in which the Government's rapid response to disasters and emergencies can be enhanced through a more direct and operational intervention. This has been under way to a limited extent already, for example, by the work of our Defence Forces personnel in the UN Joint Logistics Centre, which managed the logistical response to the tsunami. A number of options for enhancing our own rapid response have been identified and work on this is being actively pursued.

Rapid response to sudden-onset disasters is the key to saving lives. The number and scale of natural disasters this year reinforce the need for global resources to be mobilised and deployed rapidly to bring humanitarian relief on a large scale to anywhere in the world. Ireland will continue in its quick and flexible funding response to humanitarian disasters and its robust support for the primary role of the United Nations in co-ordinating the response of the international community. As Irish development assistance increases toward 0.7% by the target date of 2012, strengthening our humanitarian aid and supporting the capacity of the international community to respond rapidly and effectively will continue to feature prominently in our work.

Question No. 137 answered with QuestionNo. 28.

Partnership for Peace.

Bernard J. Durkan

Ceist:

138 Mr. Durkan asked the Minister for Foreign Affairs the discussions he has had with his European counterparts on the issue of PfP; and if he will make a statement on the matter. [33704/05]

My most recent discussions with European counterparts on the issue of Partnership for Peace, PfP, took place at the security forum of the Euro-Atlantic Partnership Council, EAPC, in May this year. The EAPC security forum, which was inaugurated this year, is intended as an annual informal ministerial meeting which provides an opportunity for in-depth discussion of important security policy issues linked to PfP.

Sweden was chosen to host the inaugural security forum, which was held in Åre on 24 and 25 May this year. It consisted of an informal meeting of Foreign Ministers on 24 May and a broader meeting of delegations on 25 May. The informal Foreign Ministers' meeting discussed current operations and future requirements. I emphasised the importance Ireland attaches to developing our capacity to participate in UN-authorised peace support operations.

On 25 May the portion of the security forum open to all members of the national delegations began. The theme for the second day was, Managing Security — Our Common Challenge. Events included an opening plenary session, four panel discussions running in parallel with one another and a concluding lunch. Issues such as unresolved European conflicts and co-operation between international organisations in the Balkans and elsewhere were discussed. The media were able to follow most of the forum.

Ireland's participation in PfP is set out in our five individual partnership programmes, IPP, copies of which have been lodged in the Dáil Library. Ireland's sixth IPP, covering the period 2006 to 2007, is currently being completed by the Department of Defence in consultation with my Department and the Departments of the Environment, Heritage and Local Government, Justice, Equality and Law Reform, Health and Children and Communications, Marine and Natural Resources, and will be lodged in the Oirechtas Library upon completion. Activities under the partnership programmes consist of training courses, seminars, workshops, conferences, staff exercises and table top exercises.

Ireland also participates in the PfP planning and review process, PARP. In common with the other EU neutral and non-aligned states, Ireland is using the PARP process in connection with planning for humanitarian and rescue tasks, peacekeeping and crisis management, collectively known as the Petersberg tasks. The scope of our involvement in PARP is focused on enhancing interoperability and familiarity with operating procedures in a multinational environment.

Participation in PfP activities is entirely voluntary and is based on the principle of self-differentiation. This principle provides that a state selects for itself the nature and scope of its participation. This allows the Government to determine for itself the manner and scope of Ireland's participation in PfP activities.

It is the Government's policy to stay in the mainstream of peacekeeping. Ireland's participation in PfP enables our peacekeepers to remain abreast of developments in areas such as training, interoperability and humanitarian aspects of peacekeeping. Participation enhances the ability of our peacekeepers to work with those of other countries and also enables us to share our own peacekeeping skills with a wide range of countries. It is important that Ireland be represented on occasions when matters in the field of peacekeeping in which we have a legitimate interest are discussed.

Question No. 139 answered with QuestionNo. 23.
Question No. 140 answered with QuestionNo. 46.

Foreign Conflicts.

Bernard J. Durkan

Ceist:

141 Mr. Durkan asked the Minister for Foreign Affairs the degree to which the situation in the Congo has stabilised or improved; and if he will make a statement on the matter. [33707/05]

While the situation in the Democratic Republic of Congo, DRC, remains difficult, there have been some encouraging signs. The major priority continues to be the organisation of national elections early next year, which will mark the culmination of the transition process inaugurated by the 2002 Sun City peace accords. These local, legislative and presidential elections are expected to take place between March and May 2006. Voter registration has generally proceeded well, with more than 19 million people out of an estimated total electorate of 28 million now registered. A referendum on the draft constitution approved by the Transitional National Assembly last May is planned for 18 December 2005.

The successful holding of national elections in the DRC, the first in over 40 years, will be a major undertaking. Substantial international support will be required for the elections, which are likely to cost in the region of $400 million to organise. These elections are important, not only for the future stability and democratic development of the DRC but also for ensuring peace and security throughout the Great Lakes region as a whole. The EU and its member states have made substantial contributions in support of the electoral process, with the European Commission alone pledging some €150 million. I was pleased to announce a national contribution of €500,000 by Ireland in support of the DRC electoral process during my meeting on 19 September with the DRC's Foreign Minister, Mr. Raymond Ramazani Baya, on the margins of the UN General Assembly.

During my meeting with Foreign Minister Ramazani Baya, I urged the DRC Government to accelerate progress towards completion of the transition process, including by speedy adoption of an electoral law to govern the forthcoming elections. We also discussed the still serious security situation in eastern DRC and the need to complete disarmament of the remaining armed militias, who continue to pose a serious threat there. The DRC Government and armed forces are working in close conjunction with MONUC, the UN peacekeeping mission, to confront the armed militias and hasten their disarmament. Pressure on the rebels to disarm has now been stepped up through the imposition on 1 November 2005 of sanctions against selected militia leaders who are judged by the UN Security Council to have violated the arms embargo in force against the DRC. The UN Security Council, through Resolution 1635 on 28 October 2005, has also authorised an increase of 300 in MONUC's strength in order to enhance its capacity for confronting the continued existence of armed militias.

The DRC Government also needs to hasten progress in the area of security sector reform, particularly with regard to completing the creation of a fully integrated national army and police and effectively establishing its authority throughout the DRC. This is particularly important, if a secure environment is to be created for the holding of national elections. The EU is actively supporting the process of security sector reform in the DRC, through deployment of two EU missions. EUPOL offers advice and mentoring to the integrated police unit, IPU, in Kinshasa which the EU has helped establish. A second mission, EUSEC DRC, comprises a small planning team to advise key government ministries in the DRC on all issues related to security sector reform. EUSEC DRC has made considerable progress in its work and is playing a particularly important role in identifying ways to improve administration and command throughout the DRC army and ensure proper payment and rationing of troops.

It is equally important, however, that neighbouring countries, in particular Uganda and Rwanda, do all they can to end the threat posed by the armed militias in eastern DRC, support completion of the transition in the DRC and improve bilateral relations throughout the region. The regional dimension to the conflict remains crucial and underlines the importance of the Great Lakes conference process, the second summit of which is now likely to take place in Nairobi early in the new year. Ireland is an active member of the Group of Friends of the Great Lakes support group, which supports the conference process and was represented by the Minister of State at the Department of Foreign Affairs, Deputy Conor Lenihan, at a recent ministerial meeting in New York to discuss preparations for the second summit.

Overseas Development Aid.

Bernard J. Durkan

Ceist:

142 Mr. Durkan asked the Minister for Foreign Affairs the position in regard to attempts to combat AIDS in Africa; the degree to which funding and medicines are readily available; and if he will make a statement on the matter. [33709/05]

HIV-AIDS continues to be the single biggest obstacle to reducing poverty and to attaining the millennium development goals, MDGs. Current statistics from the United Nations Joint Programme on AIDS, UNAIDS, indicate that in 2004, almost 40 million people were living with the HIV virus. Sub-Saharan Africa continues to be the worst-affected region in the world and is now home to over 25 million adults and children living with HIV. Approximately 3 million new infections occurred there in 2004, the majority in women, and over 2 million Africans died in that year.

UNAIDS is leading the effort to track the level of resources needed for HIV prevention, treatment and care, and to ensure adequate financing from public and private sources. The latest UNAIDS estimates of the costs of a comprehensive response to HIV-AIDS suggest that in 2006, almost $15 billion will be required in low and middle income countries rising to just over $22 billion in 2008.

The Global Fund to Fight AIDS, TB and Malaria, established in 2002, is expected to be a significant source of funding. It is financed by bilateral donors, including Ireland, and private foundations. Up until 2008, a total of $8.6 billion has been pledged or contributed to the global fund. Ireland has contributed a total of €40 million to this fund to date and has committed a further €30 million to be released in the next two years.

At the UN review of the millennium declaration last September, progress was noted in increasing access to HIV treatment particularly in developing countries. The number of people receiving combination anti-retroviral therapy, ART for HIV-AIDS has more than doubled from 400,000 in 2003 to approximately 1 million in June 2005. In sub-Saharan Africa, the number of people receiving ART has tripled within a period of one year and now reaches approximately 500,000 people.

Ireland has a very strong commitment to addressing HIV-AIDS. It is a key priority for Development Co-operation Ireland's policies and programmes. Financial allocations to the fight against AIDS now constitute 10% of the total overseas development budget and will reach €50 million this year. These resources are directed at a number of HIV-AIDS activities at global, regional, national and community levels and are implemented through international and regional organisations and in our programme countries. The latter includes six highly-affected countries in southern and eastern Africa.

Ireland supports a number of organisations focusing on the delivery of HIV treatment and care including the Clinton Foundation. This foundation aims to increase the number of people accessing HIV treatment and works to reduce the price of anti-retroviral drugs. Most recently, the Minister for Foreign Affairs had fruitful discussions with President Clinton on how Ireland and the Clinton Foundation can strengthen their partnership in support of those countries in Africa that are most affected by HIV-AIDS.

The Taoiseach, in his speech to the United Nations in September, reaffirmed Ireland's commitment to HIV-AIDS and announced a new Initiative on HIV-AIDS and other global communicable diseases. This will bring funding for these diseases up to €100 million. This new initiative will focus on tackling the major diseases affecting developing countries including HIV-AIDS. It will build on Ireland's existing support at international, regional and country level and will afford Ireland a stronger voice in international policy dialogue and advocacy for co-ordinated and effective action on HIV-AIDS. The Taoiseach has indicated that up to 20% of the additional funding will be targeted at interventions that benefit children.

Ireland will continue to work with the international community in advocating for a sustained and resourced global response to HIV-AIDS, strengthened leadership at all levels and improved co-ordination of re sources and planning for HIV-AIDS prevention and control.

Question No. 143 answered with QuestionNo. 93.

Debt Relief.

Bernard J. Durkan

Ceist:

144 Mr. Durkan asked the Minister for Foreign Affairs the extent to which food aid and debt relief is targeting the situation in Africa; and if he will make a statement on the matter. [33711/05]

Bernard J. Durkan

Ceist:

145 Mr. Durkan asked the Minister for Foreign Affairs the progress to date in 2005 in relation to the alleviation of starvation and debt in Africa; and if he will make a statement on the matter. [33712/05]

I propose to take Questions Nos. 144 and 145 together.

The elimination of starvation and chronic malnutrition in Africa is a key objective of Ireland's aid programme. The reduction of hunger is one of the most important tasks to which the international community can dedicate itself at this time. Hunger and malnutrition should have no place in the 21st century.

The millennium development goals adopted in 2000 aim, inter alia, to halve the proportion of people suffering from hunger by 2015. The review of these goals that led up to the recent UN summit in September, clearly identified Africa as the continent where progress was weakest and where most resources were needed. At the summit, the Taoiseach committed Ireland to reaching the UN target of 0.7% of GNP for overseas development assistance, ODA, by 2012. He also outlined a number of initiatives, including placing an even greater priority to addressing the scourge of hunger and food insecurity.

The symptoms of food insecurity and famine are malnutrition, hunger, disease and death. The causes are complex but include poverty, HIV-AIDS, climate, conflict, unsustainable agricultural practices, environmental degradation and poor policy choices. To address hunger in Africa, the international community and African governments must provide immediate relief through food assistance and associated supports. We must ensure that communities have both sufficient food and access to that food.

Ireland's long-term programme of development co-operation aims to reduce poverty and food insecurity through a wide range of interventions, with the ultimate aim of lifting communities out of the endless cycles of bare subsistence living. Our humanitarian programmes are designed to respond quickly and effectively with the aim of saving lives and rebuilding livelihoods. Both programmes work closely together for maximum effectiveness.

This year the World Food Programme, WFP, is struggling to feed 43 million people in sub-Saharan Africa. That is double the number in 1995. In 2005, it is estimated that over 2 million children in Africa will have lost their lives to hunger and related diseases.

The WFP is a key partner for Ireland in the struggle against hunger. Ireland provides the organisation with core funding to allow it to respond rapidly to emerging and under-funded crises. In addition, we also provide funding to specific and targeted emergencies. By the end of 2005, Ireland it is expected that Ireland will have provided over €12 million to the WFP for its operations. In 2005, Ireland has responded to a number of challenging emergencies throughout Africa. Working with partner UN agencies, NGOs and the Red Cross, we have delivered essential emergency and recovery assistance to Niger, Malawi, Zimbabwe, the Democratic Republic of the Congo, Burundi, Sudan, Eritrea, Ethiopia, Liberia and Sierra Leone.

The debt cancellation initiative agreed by the G8 countries in July 2005 will cancel nearly all the multilateral debt of 18 of the poorest countries in the world. Most of these are in Africa. For the first time, the most powerful countries have recognised that many poor countries need 100% debt cancellation if they are to address the needs of their people seriously. While I had hoped for more from this initiative, I recognise that it is an important basis from which we can continue to work for a complete and sustainable solution to the debt problem facing poor countries.

Question No. 146 answered with QuestionNo. 47.

Sports Capital Funding.

Dan Neville

Ceist:

147 Mr. Neville asked the Minister for Arts, Sport and Tourism when details of the 2006 national lottery funded capital programme will be available. [33595/05]

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

Applications for funding under the 2005 programme were invited through advertisements in the press on 5 and 6 December 2004 and I announced provisional grant allocations of €54.385 million under the programme in July last. I intend to invite applications to the 2006 programme shortly.

Decentralisation Programme.

Pat Breen

Ceist:

148 Mr. P. Breen asked the Minister for Enterprise, Trade and Employment the state of the Enterprise Ireland decentralisation programme to Shannon; if Enterprise Ireland’s new headquarters in Shannon are finalised; the number of Enterprise Ireland’s employees who have indicated a willingness to decentralise; the percentage of the workforce in that regard; the number of civil servants from other Departments who have indicated a willingness to transfer to Enterprise Ireland; when it is envisaged that the transfer of headquarters will occur; and if he will make a statement on the matter. [33603/05]

On foot of a request from the Department of Finance, Enterprise Ireland has been asked by my Department to provide, by the Department of Finance's deadline of 1 December 2005, a revised implementation plan in respect of the decentralisation of the agency's headquarters, including 300 staff, to Shannon. The agency has identified the posts to be transferred and these are advertised as part of the central applications facility, CAF.

The most immediate implementation step for Enterprise Ireland is to provide for a new headquarters building, designed to meet the business needs of the organisation. Working closely with the OPW, a preferred site, a 13-acre site owned by Shannon Development, has been identified. The site has been valued and a feasibility study carried out. When approval is received to proceed with its accommodation arrangements in relation to decentralisation, Enterprise Ireland will be in a position to undertake a detailed planning process in relation to the issues involved.

In respect of numbers, the most recent figures released show that 19 existing employees in Enterprise Ireland have indicated their willingness to transfer to Shannon. This represents over 6% of the total decentralising workforce of 300 required. The number of applications received from within the civil and public service, including my Department, amount to 33 or 11% of the total number required.

It is too early to comment definitively on a timescale for the transfer of Enterprise Ireland's headquarters to Shannon. The factors of significance in this regard will be the acquisition of property and the level of interest in the Shannon location expressed by CAF applicants.

Personal Injuries Assessment Board.

John Curran

Ceist:

149 Mr. Curran asked the Minister for Enterprise, Trade and Employment the position regarding the progress being made by the Personal Injuries Assessment Board; and if changes or improvements are planned for the scheme. [33592/05]

The Personal Injuries Assessment Board, PIAB, was established by ministerial order on the 13 April 2004. From 1 June 2004 all personal injury claims arising from workplace accidents, where an employee is seeking compensation from his-her employer, must be referred to the Personal Injuries Assessment Board before legal proceedings are issued. From 22 July 2004 all motor liability and public liability claims must also be referred to the Personal Injuries Assessment Board before legal proceedings are issued.

The PIAB's core objectives are to: assess the amount of compensation in personal injury cases; to reduce the litigation costs associated with delivering personal injury compensation; and to reduce the amount of time it takes to finalise a personal injury compensation claim.

Awards in PIAB are made by reference to a book of quantum, which was published by PIAB on 2 June 2004. In producing the book of quantum it was not intended policy to either reduce or increase personal injury compensation levels but merely to reflect, in a guide, what the current level of damages is for particular types of injuries in this country. PIAB utilise an outsourced service centre, SWS, based in Clonakilty, Cork, to assist injured parties in completion of their claim submissions and ensure a comprehensive, fair and independent service is provided. Victims of personal injury accidents may deal directly with PIAB through their helpline facility, open Mondays to Saturdays between 8 a.m. and 8 p.m. on lo-call 1890 829 121, or through PIAB's website www.piab.ie.

PIAB concluded its first assessments during the first quarter of 2005. In relation to volumes, PIAB expects to assess in the region of 10,000 cases per annum when fully operational. Some 15,500 applications have been received to date from victims of accidents. Of these claims 5,500 have either been settled up-front between parties following initial contact with PIAB, or claim papers are being finalised by claimants. The remaining 10,000 claims are moving through the nine month assessment process. Three out of every four PIAB assessments have been accepted to date. Total compensation awarded so far amounts to €3.74 million.

Assessments to date have been delivered approximately three times faster and at a delivery charge four times cheaper than through the litigation process. This is very significant considering that in 2004, where an estimated €965 million was paid out in compensation to personal injury victims, litigation costs of an estimated €444 million were incurred in the delivery of this compensation to the victims. As well as being a major benefit to victims of accidents this is a significant reduction in the cost of delivery of compensation and hence facilitates reductions in liability insurance premia.

It is also worthy of note the impact that PIAB is having on the courts systems with new personal injury case volumes in the High Court dropping from 15,293 in 2004 to just over 400 from January to end-September of this year.

In relation to the judicial review against the policy of the PIAB of dealing directly with clients rather than through their solicitors, the High Court made its ruling on 25 January 2005. The judge held that the PIAB policy of dealing directly with clients rather than through solicitors was ultra vires the powers conferred on the board by section 7 of the Personal Injuries Assessment Board Act. He ruled that there is no specific power set out in the Act to allow the board to adopt the policy at issue. Costs were awarded against the PIAB. On 28 April 2005, the PIAB gave notice that it was making an appeal to the Supreme Court in relation to the judgment of the High Court and the order for costs. No date has as yet been set. Pending the outcome of the appeal the PIAB is dealing with legal representatives in accordance with the ruling of the High Court. I am very pleased with the operation of PIAB to date and no changes are planned at this point in time.

Departmental Bodies.

Pat Breen

Ceist:

150 Mr. P. Breen asked the Minister for Enterprise, Trade and Employment the policy functions he envisages for Shannon Development; the enterprise functions which will be transferred from that agency to Enterprise Ireland and IDA Ireland; the tourism functions Shannon Development will retain; the enterprise functions Shannon Development will retain; and if he will make a statement on the matter. [33604/05]

Pat Breen

Ceist:

151 Mr. P. Breen asked the Minister for Enterprise, Trade and Employment the number of Shannon Development employees who have been or will be offered the option of transferring to Enterprise Ireland; the number who have indicated a willingness to transfer to Enterprise Ireland; if Shannon Development employees will be offered a redundancy programme; the number of employees it is envisaged Shannon Development needs to let go; and if he will make a statement on the matter. [33605/05]

I propose to take Questions 150 and 151 together.

On 28 July last, I announced my decision on a future mandate for Shannon Development. As I have indicated in response to previous similar Dáil questions, this decision was taken in the context of a number of developments that impacted on the future role of Shannon Development. The most significant of these were the proposed relocation of the headquarters of Enterprise Ireland to Shannon as part of the Government's decentralisation programme; the enterprise strategy group recommendation, which is Government policy, that Shannon Development should disengage from industrial development functions, which should be carried out by the national agencies, Enterprise Ireland and IDA Ireland; and the establishment of an independent Shannon Airport authority.

Discussions on the future role of the company commenced with Shannon Development early in 2004 and in March 2005 the company submitted proposals on its revised strategy. These proposals provided that the company would exit certain tourism and enterprise support activities and focus instead on strategic value added activities that would contribute to the economic development of the region. Following an examination of these proposals and consultation with the company and other stakeholders, I decided on the revised mandate for the company. The main features of the new mandate are: the company will be responsible for providing appropriate property solutions for both indigenous and overseas enterprises throughout the Shannon region. In this context it will retain ownership of industrial property in the Shannon region and the management and development of the Shannon free zone industrial estate; the company will utilise its property asset base to place an increased focus on the regional development aspects of its mandate and special emphasis will be placed on addressing the needs of the less developed parts of the mid-west region; the enterprise support functions relating to indigenous enterprises in the Shannon region, which are carried out by Shannon Development under delegated authority from EI, will revert to EI; and the IDA will assume responsibility for promoting investment in, and supporting, FDI companies in the Shannon free zone.

All the interested parties in the region agree that Shannon Airport is vital to its economic well being and that Shannon Development is ideally placed to support the new airport authority and to complement its activities. How this should be done will, however, have to await consideration by the Minister for Transport of the authority's business plan. I have no functional role in tourism and changes to Shannon Development's tourism remit are a matter for decision by the Minister for Arts, Sport and Tourism.

No job losses in Shannon Development will result from the implementation of the new mandate and consequently no redundancy programme is being devised on foot of my decision. The number of Shannon Development staff who will be offered the option of transferring to Enterprise Ireland has yet to be determined and discussions between my Department and the two agencies to establish this are under way. I have no knowledge of the number of Shannon Development staff who have expressed an interest in transferring to Enterprise Ireland.

Departmental Staff.

Ned O'Keeffe

Ceist:

152 Mr. N. O’Keeffe asked the Minister for Enterprise, Trade and Employment when the new chairperson of the Competition Authority will be appointed; the number of persons on the board; the names of the board members, their nationalities and the dates of appointment. [33676/05]

The process for recruiting a new chairperson for the Competition Authority is well under way and I hope to make an appointment before Christmas. It is unlikely, however, that a new chairperson would take up his or her post before the new year. The authority comprises three whole-time members. Declan Purcell is an Irish citizen who was appointed in April 1998 and Paul Gorecki is a UK citizen who was appointed in June 2000. Edward Henneberry, who was appointed in September 2003, holds both US and Irish citizenships. In October 2005 Dr. Stanley Wong, a Canadian citizen, was appointed as whole-time member and he will take up office with effect from February 2006. In October I also appointed Ms Noreen Mackey, an Irish citizen, as part-time member to ensure the authority is adequately resourced in respect of its meetings and decisions while current vacancies are being filled.

Job Creation.

Finian McGrath

Ceist:

153 Mr. F. McGrath asked the Minister for Enterprise, Trade and Employment the position regarding investment and job creation projects for the north side of Dublin in 2005-06; and if he will make a statement on the matter. [33723/05]

Under the Industrial Development Acts, support for job creation and investment on a regional or local basis comes within the remit of the industrial development agencies and I am precluded from giving directives regarding individual undertakings or from giving preference to one area over another. IDA Ireland is the agency charged with the attraction of foreign investment to this country. The IDA has had considerable success in attracting FDI to north Dublin over the years and at the end of 2004, the last year for which figures are available, 23,420 people were employed in 251 IDA supported companies in north County Dublin, including the city. During 2005 four additional IDA supported companies announced the creation of more than 650 jobs in the following areas: Swords — Hartford Financial Group and Palm Global Operation; Eastpoint — Yahoo; and Blanchardstown — Qlogic.

Enterprise Ireland, EI, which has primary responsibility for the promotion of indigenous industry, reported that at the end of 2004, 4,037 people were employed in 204 EI companies in Fingal and 24,998 in 1,115 EI companies in Dublin city. Since the beginning of 2005 EI has approved €17.15 million and made payments of more than €13.2 million to support development projects for indigenous companies in Fingal and Dublin city. The Fingal County Enterprise Board and the Dublin City Enterprise Board are responsible for the development of the micro-enterprise sector in the Fingal and Dublin city areas. Between January 2005 and the end of October 2005, the Fingal County Enterprise Board and the Dublin City Enterprise Board provided €858,513 in grant assistance to 92 projects in the region.

Enterprise Ireland has also invested significantly in community enterprise centres in the north of Dublin city to support the establishment and expansion of micro enterprises through local community participation. Under the community enterprise centres urban scheme, centres were supported in Coolock, Darndale and the north city centre — the Liberty Corner enterprise centre. The Coolock and Darndale centres are occupied and construction of the Liberty Corner centre has just been completed. I am pleased that the strategies and policies being pursued by development agencies are producing real and sustainable results for the people of north Dublin city and county in terms of additional investments and jobs and I am confident this will continue to be the case in 2006 and beyond.

Community Employment Schemes.

Paddy McHugh

Ceist:

154 Mr. McHugh asked the Minister for Enterprise, Trade and Employment if he will communicate with the Department of Health and Children to ensure community employment positions providing services to the IWA are mainstreamed; and if he will make a statement on the matter. [33724/05]

Paddy McHugh

Ceist:

155 Mr. McHugh asked the Minister for Enterprise, Trade and Employment if funding will be made available to mainstream community employment positions providing services to the IWA; and if he will make a statement on the matter. [33725/05]

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

On 10 November 2004, following a review of FÁS employment schemes — community employment, job initiative and social economy programmes — I announced in 2005 there will be 25,000 places on CE, JI and SEP and the three- year cap will be removed for CE participants aged over 55. This category of participants will be eligible to participate on CE for a maximum of six years. In the case of people advancing beyond 55 years during their normal period of service on CE, participation can be extended for up to a maximum of six years. The current ringfencing of essential services, particularly health-related services, will be maintained. These arrangements will be of benefit to the Irish Wheelchair Association in the provision of carers.

Social Welfare Appeals.

Bernard J. Durkan

Ceist:

156 Mr. Durkan asked the Minister for Social and Family Affairs when an appeal will be validated following the decision to refuse rent supplement in the case of a person (details supplied) in County Mayo; and if he will make a statement on the matter. [33578/05]

As I stated previously in reply to a question tabled by the Deputy on 25 October 2005, the Health Service Executive has advised that its designated area appeals officer has upheld the decision not to award rent supplement to the person concerned. It remains open to her to appeal this decision further to the social welfare appeals office.

Pension Provisions.

John Curran

Ceist:

157 Mr. Curran asked the Minister for Social and Family Affairs his plans to allow pensioners to earn extra cash while retaining full pension rights; when this change will be introduced; and if he will make a statement on the matter. [33582/05]

There are three social welfare schemes providing pensions for older people old age contributory pension, retirement pension and old age non-contributory pension. In the case of the first two, these are contributory schemes payable at 66 and 65, respectively. People who receive old age contributory pension can work without restriction while those applying for retirement pension at age 65 must be retired from employment or self employment. Retirement is defined as not having earnings from employment of more than €38 per week or earnings from self-employment of more than €3,174 per annum.

However, given the improvements in life expectancy which have occurred in recent decades and the demographic changes our society will face in the years ahead, it is important that we should encourage and facilitate people who wish to have the choice of extending their working lives to remain active. As part of An Agreed Programme for Government, the Government is committed to removing the requirement to retire at 65 in order to receive a retirement pension.

The old age non-contributory pension is different in nature from the contributory schemes. In common with other social assistance schemes, the old age non-contributory pension features a means test which is intended to ensure that available resources are targeted at those who are most in need.

The means test is continually kept under review and in June this year a change in the assessment of capital was introduced which allows for capital of €20,000 to be disregarded when eligibility for old age pensions is being assessed. This figure is doubled in the case of pensioner couples.

At present, people on non-contributory pensions can only earn up to €7.60 per week without payment of their pension being affected. It is important that we also provide incentives and choices within the non-contributory scheme for older people to remain active in the workforce, if that is their wish.

The very limited disregard which is available on earnings may act as a disincentive to people to continue working and, accordingly, I am at present examining the situation. Possible changes will be considered in a budgetary context, and in the overall context of social policy reforms.

Social Welfare Code.

Brian O'Shea

Ceist:

158 Mr. O’Shea asked the Minister for Social and Family Affairs his proposals to extend the free travel scheme to Irish pensioners living abroad while they are holidaying here; and if he will make a statement on the matter. [33642/05]

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

There have been a number of requests and inquiries in relation to the extension of entitlement to free travel to Irish born people living outside Ireland, particularly in the UK. This issue has now been examined in considerable detail. The legal advice available to me is that such a proposal would be contrary to the EC treaty, which prohibits discrimination on the grounds of nationality. While taking this advice on board, I intend to continue to examine any options that remain available.

Social Welfare Benefits.

Brian O'Shea

Ceist:

159 Mr. O’Shea asked the Minister for Social and Family Affairs his proposals to discontinue the promotion of direct lodgement of payments from his Department to bank and building society accounts until the electronic fund transfer system has been installed in post offices; and if he will make a statement on the matter. [33649/05]

My Department's policy is to ensure that a range of payment options is available to customers and that the service is continually improved by providing access to the wide range of payment options and new services and facilities now available. Customers opt for a particular payment method having regard to their own circumstances and particular need. My Department does not promote the use of any one payment method over another. The method of payment is chosen by the customer.

The current range of payment options offered by my Department include payment at post offices by means of a pension order book and by electronic or manual post draft, issued to the customer's designated post office each week. Payments are also made by cheque to the home address of the customer and direct payment to the customer's bank or building society account. Currently some 57% of customers receive payment through their local post office, 10% are paid by cheque through the postal system and 33% receive direct electronic payment to their bank or building society account.

If An Post introduces a new electronic fund transfer system suitable for social welfare payments, my Department will include it as a payment option for customers.

Bernard J. Durkan

Ceist:

160 Mr. Durkan asked the Minister for Social and Family Affairs the correct amount of rent support payable in the case of a person (details supplied) in County Kildare who has three dependent children and lives in accommodation costing €1,129 per month; and if he will make a statement on the matter. [33689/05]

The supplementary welfare allowance scheme is administered on my behalf by the community welfare division of the Health Service Executive. Neither I nor my Department has a function in determining entitlement in individual cases.

As I stated in my reply to a question tabled by the Deputy on 11 October 2005, the Dublin mid-Leinster area of the executive has advised that, following a review of her entitlements, the person concerned has been awarded a rent supplement of €16.20 for the month of July 2005 increasing to €65.20 per month from 1 August 2005.

Following her appeal against this decision, the designated appeals officer of the executive confirmed that the person concerned was awarded the correct amount of rent supplement in her circumstances as then known. However, the executive has advised that it has some information now to indicate that the composition of the household concerned might have changed. It is arranging to contact the person concerned shortly to review her rent supplement entitlements on this basis.

Bernard J. Durkan

Ceist:

161 Mr. Durkan asked the Minister for Social and Family Affairs the position in regard to an application for farm assist in the case of a person (details supplied) in County Meath; the precise nature of any outstanding information required; and if he will make a statement on the matter. [33696/05]

The person concerned claimed farm assist on 18 April 2005. The claim has been disallowed on the grounds that the person concerned failed to prove to the satisfaction of the deciding officer how he supported himself and his wife since February 2003 given that he has no recorded income.

Decision and notification of his right to appeal issued to the person concerned on 9 November 2005.

Bernard J. Durkan

Ceist:

162 Mr. Durkan asked the Minister for Social and Family Affairs if rent allowance is payable in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [33699/05]

The supplementary welfare allowance scheme is administered my behalf of the Department by the community welfare division of the Health Service Executive. Neither I nor my Department has any function in decisions on individual claims.

Since 1 May 2004, this scheme and other social assistance payments are subject to a statutory habitual residence test.

The Dublin-mid-Leinster region of the executive has advised that the person concerned made an application for basic supplementary welfare allowance at the beginning of November 2005. Her application was disallowed by the executive on the grounds that she did not satisfy the statutory habitual residence condition.

She has been informed of her right of appeal against this decision. She has received some assistance recently from the executive through exceptional needs payments to meet particular once-off costs.

The person concerned has not made a formal application for rent supplement. She has been advised by the executive that she would be unlikely to qualify for that supplement either, on habitual residency grounds. However, as she is a migrant worker from an EU country and has also worked in this country, she may have acquired rights to social welfare benefits or social assistance, including supplementary welfare allowance, here. My Department has referred her case to the executive for further consideration on this basis.

Social Welfare Code.

Joan Burton

Ceist:

163 Ms Burton asked the Minister for Social and Family Affairs the threshold for the calculation of secondary benefits for retention purposes for community employee participants; when the threshold was last increased; if his attention has been drawn to the failure to increase the threshold is causing a great deal of hardship to participants on community employment places; if his further attention has been drawn to the fact that a large percentage of the group taking up community employment places are lone parents and that the failure to increase the threshold constitutes a significant poverty trap for community employment participants. [33737/05]

Social welfare programmes aim to be responsive to the needs of those who depend on income maintenance support while providing incentives to assist people to become more independent financially, particularly through employment.

A number of measures have been introduced in recent years to remove disincentives to taking up employment and to assist in the transition from welfare to work. These measures include special means disregards and tapered withdrawal of benefits as earnings increase, and employment support schemes such as the back to work programme. For example, the standard rules governing rent supplement have been improved to ensure that a lone parent who takes up a community employment scheme place will be €60 per week better off for having done so.

People, including one-parent families, are entitled to retain certain social welfare and other secondary benefits in total or in part for the duration of the employment scheme, subject to certain conditions. Alternatively, they may qualify for secondary benefits under the standard rules of the scheme in question.

For most people the most significant secondary benefit is rent or mortgage interest supplement, which is paid under the supplementary welfare allowance scheme. An income limit of €317.43 per week applies to the retention of these supplements. People with incomes above this limit are assessed and may qualify under the standard rules of the rent or mortgage interest supplement schemes. No income limit applies to the back to work allowance itself.

While this rent supplement retention income limit has not changed since its introduction, significant other improvements have been made to the means test subsequently. Back to work allowance and family income supplement, in cases where one or both of these are in payment, are disregarded in the assessment of the €317.43 weekly income limit. PRSI and reasonable travelling expenses are also disregarded in the means test.

Rent supplement may be retained for up to four years on a tapered basis, that is, 75% of supplement in year one, 50% in year two and 25% in years three and four. In addition, the maximum payment limit of €317.43 per month on the amount of supplement payable was abolished for people on the approved schemes. As a consequence many families retain more of their rent supplement than had been the case prior to these changes taking place.

In effect, this means that people who commence employment through a back to work scheme or community employment, following a period of unemployment, can have a weekly household income significantly in excess of the €317.43 limit and still qualify to retain 75% of their rent or mortgage interest supplement.

People availing of an employment support scheme may opt to be assessed under either standard supplementary welfare allowance rules or under the special retention rules, and will be entitled to receive payment under whichever is the more favourable option for them. A person on a community employment scheme or other back to work scheme whose household income is above the €317.43 weekly limit for retention of secondary benefits may still qualify for rent supplement under the standard rules. In that context, I introduced amending regulations in January 2005 to increase the income disregard in the standard rules of the scheme from €50 to €60 per week.

Lone parents and others who participate in community employment, CE, are not penalised for doing so. Up to €60 of weekly earnings is disregarded in the means test to ensure that a person is better off as a result of taking up a CE place, part-time employment or other such opportunities. There are also disregards for any family maintenance lone parents receive.

For example, a lone parent living in Dublin with one child and rent of €200 per week, whose sole income is a one-parent family payment of €168.10 per week, would ordinarily receive rent supplement of €184.50 per week, resulting in a net income after paying rent of €152.60 per week. If she takes up a CE place her total income before rent supplement and before paying rent would rise to €343.10 per week. In these circumstances, she would be entitled to €69.50 in rent supplement and her income after paying rent would be €212.60 per week. She would be €60 better off for having taken up a CE place. Overall, I consider that the current rent supplement eligibility thresholds and disregards, together with improvements in the standard rules of the supplementary welfare allowance scheme, ensure that people have a financial incentive to take up back-to-work opportunities. Nonetheless, the effectiveness of these arrangements is being considered further in the context of a policy review of the supplementary welfare allowance scheme which my Department is undertaking at present as part of its ongoing expenditure review programme.

Parking Regulations.

John Curran

Ceist:

164 Mr. Curran asked the Minister for Transport his views on whether it is untrue that disabled parking spaces 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. [33591/05]

I refer the Deputy to my reply to Questions Nos. 120 and 121 of 20 October 2005. That reply outlined therein remains unchanged. If it would assist the Deputy, my office would be happy to arrange for him to discuss these issues with the relevant officials from my Department.

Road Network.

Joan Burton

Ceist:

165 Ms Burton asked the Minister for Transport the position in relation to the upgrading promised of the M50; the schedule for the upgrade of the intersections on the M50 and in particular the expected dates for the work to be carried out in relation to the Blanchardstown-Castleknock area of the M50 including the toll gate. [33614/05]

The planning, design and implementation of national road improvement projects, including the M50 upgrade, is a matter for the National Roads Authority, NRA, and the local authorities concerned.

I understand from the NRA that the upgrade of the M50 is being planned in two phases and involves the widening of approximately 32 km of the motorway from two to three lanes in each direction, from the M50-M1 interchange near Dublin Airport through to the Sandyford interchange and the upgrade of ten junctions along this length.

The NRA envisages that a design and build contract will be awarded by December 2005 for phase one, i.e. the widening of the carriageway to three lanes between the Red Cow, N7, and Galway road, N4, roundabouts and the upgrading of the interchanges. That work is expected to be underway early next year and completed by 2007.

The PPP contract for the remainder of the upgrade project — that is, widening of the remainder to three lanes and upgrading of other interchanges — is expected to be awarded during 2006 and works are due to be completed by mid 2010.

I also understand from the NRA that a separate design and build contact for the upgrading of the West Link section of the M50 — that is, 3.2 km of motorway between Galway road junction and Navan road junction, including the West Link toll bridge — is expected to be advertised before the end of this year and works are due to be completed by end 2007.

Rural Transport Services.

Niall Blaney

Ceist:

166 Mr. Blaney asked the Minister for Transport the amount of funding which has been provided under the rural transport initiative for 2005; and if he will make a statement on the matter. [33622/05]

Niall Blaney

Ceist:

167 Mr. Blaney asked the Minister for Transport the amount of funding provided under the rural transport initiative for 2005 which has been and is expected to be spent on administration costs; and if he will make a statement on the matter. [33623/05]

I propose to take Questions Nos. 166 and 167 together.

The rural transport initiative, RTI, is a pilot programme that has been operational since 2002. Under the initiative, funding is provided for 34 rural community organisations across the country to address the public transport needs of their areas through the provision of local transport services. I have provided €4.5 million in funding for the RTI in 2005, which is a 50% increase on the provision for 2004.

In line with the principal recommendation of the RTI appraisal in 2004, earlier this year I announced the extension of the pilot initiative to end 2006. I have also announced my intention to make the RTI permanent from 2007 onwards.

Area Development Management Ltd., ADM, administers the RTI on behalf of my Department. Of the €4.5 million allocated for the initiative in 2005, some €350,000 is earmarked for administration and other non-operational costs incurred by ADM.

With regard to administration costs at the group project level, I am conscious of the need to keep these as low as possible. I expressly addressed this issue when announcing the extension of the initiative to 2006, when I called on ADM to work closely with the pilot project groups to maximise the impact of the increased funding and to ensure continued value for money.

However, ADM and the individual RTI project groups are solely responsible for operational aspects of the initiative at local level. Neither my Department nor I has any role in such matters.

State Airports.

Eamon Ryan

Ceist:

168 Mr. Eamon Ryan asked the Minister for Transport the implications for the stopovers of US aircraft carrying US troops at Shannon Airport once the transatlantic stopover has been phased out; and if he will make a statement on the matter. [33702/05]

There are no implications for the stopovers of US aircraft carrying US troops at Shannon Airport once the transatlantic stopover has been phased out.

Departmental Advertising.

Róisín Shortall

Ceist:

169 Ms Shortall asked the Minister for Transport the cost of the production of audio-visual materials used to promote the launch of the Transport 21 plan; if tenders were sought for the production of the material; if all public procurement procedures were complied with in regard to the allocation of the business; the firm or firms to whom the business was given; and if he will make a statement on the matter. [33708/05]

Webmaster.ie produced the video for the launch of Transport 21 which cost €18,750 plus VAT. The required public procurement procedures were complied with in accordance with the Government procurement guidelines.

Public Transport.

Finian McGrath

Ceist:

170 Mr. F. McGrath asked the Minister for Transport the reason the north side of Dublin was excluded in major transport projects in the transport plan for 21st century Ireland; and if he will make a statement on the matter. [33719/05]

I reject the suggestion that the major upgrading of public transport in the greater Dublin area contained in Transport 21 excludes Dublin's northside. The position is that the northside will gain significantly under Transport 21 as follows: Transport 21 provides for two new metro lines, metro north and metro west. Metro north will operate from St. Stephen's Green to Swords, serving places such as DCU, Ballymun and Dublin Airport. Metro west will be an orbital line linking the LUAS line at Tallaght with the metro north line at Ballymun and connecting Clondalkin, Lucan and Blanchardstown along its route.

The Tallaght Luas line will be extended from Connolly Station to the Docklands. A cross-city link will also be built to connect both the Tallaght and Sandyford lines in the city centre. This line will then be extended from the city centre via Broadstone, and serving the Grangegorman development area, to link with the Maynooth rail line at Liffey Junction.

A city centre signalling project will be implemented. This will relieve congestion on the city centre rail network, allowing an extra four trains per hour to operate through the city centre. This will increase the number of trains per direction per hour from 12 to 16. The Navan rail line will be re-opened in two phases. Phase 1 will be a link from the city centre to Dunboyne and a new station in the docklands area. Phase 2 will see the line extended to Navan.

A rail interconnector tunnel will be built by 2015. It will link the southwestern suburban line out of Heuston with the northern line. This project will relieve a severe bottleneck in the city centre rail network and permit a major expansion of the suburban rail service. With the interconnector in place, Transport 21 will deliver new DART services from the city centre to Balbriggan on the northern line and also new DART services to Maynooth. There will be a significant investment in new rolling stock to provide services on these lines.

Under Transport 21 there will be a greater focus on the development of orbital, feeder and local services and integrating the city. The quality bus network will be at least doubled over the period to improve the quality, reliability and efficiency of the bus service. Buses will, in particular, be used to meet the immediate and short-term requirement for additional public transport in Dublin while other infrastructure is being put in place. I have asked Dublin Bus to review its network in light of the planned investment and to examine the most effective means of expanding bus services in the short, medium and long term and it is to report to me early in the new year. Overall we will see the capacity of the bus network increase by 60% over the lifetime of Transport 21. This will bring significant benefits to the north side of Dublin.

Along with the public transport projects outlined, the M50 upgrade will be completed giving a 50% increase in its capacity. The port tunnel will also be completed thereby reducing the number of heavy goods vehicles travelling through the city centre. All in all Transport 21 will provide huge investment in new transport infrastructure and services right across the north side of Dublin. This is in addition to the large investment which has already been made which benefited the north side, including the doubling of DART capacity, increased suburban rail capacity and investments in buses and improved bus priority. With the implementation of Transport 21, Dubliners living on the northside — whether in Ballymun or Ballybriggan, Swords or the city centre — will see a massively expanded and fully integrated public transport network offering attractive and frequent services and also offering choice between buses, Luas, metro, DART and suburban rail.

Grant Payments.

Jimmy Deenihan

Ceist:

171 Mr. Deenihan asked the Minister for Agriculture and Food when area based compensation payments will be made to a person (details supplied) in County Kerry; and if she will make a statement on the matter. [33619/05]

An application under the 2005 single payment scheme — disadvantaged areas scheme was received from the person named on 11 May 2005. Payment in respect of the disadvantaged areas scheme issued to the person named on 4 November 2005.

Animal Welfare Legislation.

John Gormley

Ceist:

172 Mr. Gormley asked the Minister for Agriculture and Food the legislation that is in place to protect animals from abuse in circuses, horse fairs and so on; and if she will make a statement on the matter. [33630/05]

The Protection of Animals Acts 1911 and 1965 are the principal statutes governing cruelty to animals in Ireland. In general, any person who has reason to believe that an act of cruelty has been committed against an animal should report the matter to the Garda Síochána who have the power and authority to investigate and prosecute alleged abuses.

The Protection of Animals Kept for Farming Purposes Act 1984 and the European Communities (Protection of Animals Kept for Farming Purposes) Regulations 2000, SI No. 127 of 2000, include provisions on the welfare and protection of farmed animals only.

Grant Payments.

Paul Connaughton

Ceist:

173 Mr. Connaughton asked the Minister for Agriculture and Food the reason the 2004 area based payment was not awarded to a person (details supplied) in County Galway; and if she will make a statement on the matter. [33661/05]

The person named claimed 21.49 hectares of forage land on his 2004 area aid application including a land parcel that was also being claimed by another herd owner. Both parties were written to in this regard. The person named confirmed that he was not entitled to claim the parcel. This resulted in an area over-claim of 7.76 hectares or 56.52% of the eligible forage area found, 13.73 ha. Under the relevant EU regulations, when the over-claim is greater than 50% the applicant is not entitled to any payment in the year of application.

Paul Connaughton

Ceist:

174 Mr. Connaughton asked the Minister for Agriculture and Food when a ten month special beef premium will issue to a person (details supplied) in County Galway; and if she will make a statement on the matter. [33662/05]

The person named submitted three applications under the 2004 special beef premium scheme in respect of a total of 18 animals. The first application, in respect of ten animals, was received on 26 February 2004, the second application, in respect of five animals, was received on 18 October 2004, and the third application, in respect of three animals, was received on 29 December 2004. Following the initial processing of the third application, it was established that the animals involved were not registered in the herd of the person named on the date of application, as required under the terms and conditions of the scheme. However, following correspondence with the person named, the matter has been satisfactorily resolved. Outstanding payments will issue to the person named shortly.

John Perry

Ceist:

175 Mr. Perry asked the Minister for Agriculture and Food when a person (details supplied) will receive their area based payment; and if she will make a statement on the matter. [33668/05]

The application of the person named has been cleared for disadvantaged area scheme payment on 37.94 ha forage. The amount due to him under this scheme will issue shortly.

Visa Applications.

Aengus Ó Snodaigh

Ceist:

176 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the inconsistencies in employment record referred to as the reason for the refusal of a visa to a person (details supplied). [33624/05]

Aengus Ó Snodaigh

Ceist:

177 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the inconsistencies in employment record referred to as the reason for the refusal of a visa to a person (details supplied); and if this person will be allowed to address the issues directly without having to reapply. [33625/05]

Aengus Ó Snodaigh

Ceist:

178 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the further reasons for the refusal of a visa to a person (details supplied) other than the inconsistencies in employment record referred in the refusal. [33626/05]

Aengus Ó Snodaigh

Ceist:

179 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the position regarding a person (details supplied). [33627/05]

I propose to take Questions Nos. 176 to 179, inclusive, together.

I wish to refer the Deputy to my reply to Question No. 515 of the 8 of November 2005. As I stated, there was only one reason for refusal, namely the inconsistencies in the information supplied. These inconsistencies were clearly pointed out by e-mail to the spouse of the applicant on 28 October 2005.

As stated previously, credibility is central to the visa determination process, and the onus is on the applicant to provide my Department with accurate information. I also advised the Deputy that the applicant had leave to appeal the decision within two months of the refusal date and this remains the position. My Department has received no such appeal to date.

Police Ombudsman for Northern Ireland.

Jim O'Keeffe

Ceist:

180 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the requests for co-operation which have been received from the Police Ombudsman for Northern Ireland; the details of those requests and the responses given. [33588/05]

I refer the Deputy to my reply to Question No. 513 of 2 November 2005. As the Police Ombudsman for Northern Ireland is neither a police service nor falls within the scope of international mutual assistance agreements, these methods of providing assistance to and exchanging information with other jurisdictions are not available. However, subject to certain criteria, the Foreign Tribunals Evidence Act 1856 provides a mechanism for the provision of assistance in respect of civil proceedings. The Deputy will appreciate why it is generally the practice to regard requests for assistance of the kind referred to as confidential.

Visa Applications.

Willie Penrose

Ceist:

181 Mr. Penrose asked the Minister for Justice, Equality and Law Reform if he will take steps to review a refusal of an application for a visa by a person (details supplied); if same will be granted in view of the fact that the person’s spouse has been working here for the past four years; and if he will make a statement on the matter. [33589/05]

I am pleased to inform the Deputy that the visa in question has been approved on appeal.

Violence Against Women.

Michael Ring

Ceist:

182 Mr. Ring asked the Minister for Justice, Equality and Law Reform when the recommendations regarding violence against women of the EU Committee on the Elimination of Discrimination against Women will be implemented to ensure that sustained training and awareness-raising initiatives be carried out for public officials, the Judiciary, health professional and members of the public; and if he will make a statement on the matter. [33610/05]

I refer the Deputy to my detailed reply to Questions Nos. 486 and 519 of 8 November 2005. I have nothing further to add to that reply.

Domestic Abuse.

Michael Ring

Ceist:

183 Mr. Ring asked the Minister for Justice, Equality and Law Reform when the recommendations of the National Crime Council’s July 2005 report on domestic abuse will be implemented; and if he will make a statement on the matter. [33611/05]

The National Crime Council's report Domestic Abuse of Women and Men in Ireland was launched on 5 July 2005. The report contains recommendations relevant to a wide range of Departments and agencies including the Garda Síochána, the Courts Service, the Health Service Executive, the Departments Health and Children, Education and Science and Social and Family Affairs and the Employment Support Agency, as well as topics such as court procedures, awareness raising, service provision and research and data collection. I am currently considering the recommendations which fall within my areas of responsibility, including those relating to awareness raising.

The National Steering Committee on Violence Against Women, NSC, was set up in 1997 to provide a co-ordinated response from the many statutory and voluntary bodies involved in responding to the problem of violence against women. My Department, in conjunction with the NSC, has conducted a series of successful awareness raising campaigns dealing with various aspects of this issue in recent years. The NSC is currently developing a strategic plan for its work over the next five to 10 years which will include the development of a long-term and wide-ranging strategy for raising public awareness of the issue of violence against women. The strategic plan should be completed early next year and will be widely circulated at that time. This strategy is expected, inter alia, to address the information and awareness needs of relevant public officials and health professionals in partnership with the training and education arrangements already in place for the groups in question.

Visa Applications.

Mildred Fox

Ceist:

184 Ms Fox asked the Minister for Justice, Equality and Law Reform the position regarding the granting of a visa to a person (details supplied). [33617/05]

I am pleased to advise the Deputy that the visa application in question has been approved by my Department on 8 November 2005.

Garda Operations.

Aengus Ó Snodaigh

Ceist:

185 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the reason the first Garda car to respond to a call from a household (details supplied) in County Dublin regarding an attack on the household’s home and car came from the Leixlip Garda Station given that closeness of the local station. [33631/05]

Aengus Ó Snodaigh

Ceist:

186 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the reason it took over an hour for a Garda car from the local Garda station to respond to a distress call on 3 November 2005 from a household (details supplied) in County Dublin. [33632/05]

Aengus Ó Snodaigh

Ceist:

187 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform his views on whether it is acceptable that when persons (details supplied) in County Dublin called to their local Garda station regarding an incident of vandalism on their property on 3 November 2005 they were told the drivers of the only Garda car available were on a break. [33633/05]

Aengus Ó Snodaigh

Ceist:

188 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the fact that, between the arrival of the first Garda car from Leixlip Garda station to an address (details supplied) in County Dublin and the second car from the local Garda station, the house came under a barrage of bottles and other missiles; and if he will make a statement on the matter. [33634/05]

Aengus Ó Snodaigh

Ceist:

189 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if there is a shortage of evidence bags, as gardaí collecting bottles from the scene of an attack on a house (details supplied) asked the householder for a bag in which to put the evidence. [33635/05]

Aengus Ó Snodaigh

Ceist:

190 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the fact that on 3 November 2005 a house (details supplied) in County Dublin came under attack and the reason the Garda Síochána never arrived at the scene despite being notified of same. [33636/05]

I propose to take Questions Nos. 185 to 190, inclusive, together.

I am informed by the Garda authorities that Garda records indicate that they responded on the date in question to two separate calls to the address referred to by the Deputy. On the first occasion, gardaí were advised that the person referred to wished to discuss damage to their car. Gardaí arrived on the scene within 37 minutes and remained with the caller for 23 minutes.

I am also informed that gardaí responded within two minutes to the second call, which indicated that criminal damage was being caused to the home and property of the person referred to in the question. Gardaí remained at the scene with the person for 58 minutes. Neither response, therefore, took more than one hour. The Garda personnel from Leixlip Garda station who responded to these calls were deemed to be the most appropriate unit to deploy on that occasion.

I understand the Garda authorities are currently carrying out an investigation into these incidents. I am further advised that there is no shortage of Garda evidence bags for collecting evidence from scenes. On the occasion in question, gardaí were offered a bag by the person referred to. Gardaí at the scene deemed it appropriate to accept this offer.

I am advised that Garda management ensure that there is a prompt response to calls for Garda assistance and that there are sufficient resources available to respond to such calls. In the event of gardaí availing of meal breaks, necessary arrangements are in place to ensure that appropriate personnel resources are available to respond to members of the public.

Garda Strength.

Aengus Ó Snodaigh

Ceist:

191 Aengus Ó Snodaigh asked the Minister for Justice, Equality and Law Reform the number of gardaí who were on duty on the various shifts which covered 3 November 2005. [33637/05]

I have been informed by the Garda authorities, who are responsible for the detailed allocation of resources, including personnel, that the personnel strength of all ranks of the Garda Síochána as at 7 November 2005 was 12,312.

I have been further informed by the Garda authorities that due to the varied operational requirements of each Garda post throughout the country and the changing nature of operational deployments to meet varying operational needs, it is not possible to specify the total number of gardaí required to staff each Garda post. The Garda authorities have calculated that a personnel commitment of 5.17 gardaí is required to maintain a Garda presence at a post requiring 24 hour cover.

Garda management states that Garda personnel are deployed in a variety of shift patterns in order to maximise the available resources during the periods of highest demand. Management also states that the number of Garda personnel on duty on any given day can vary, from day to day and location to location, according to the exigencies of the service.

Visa Applications.

Gay Mitchell

Ceist:

192 Mr. G. Mitchell asked the Minister for Justice, Equality and Law Reform when an application for persons (details supplied) in Dublin 8 will be processed; and if he will make a statement on the matter. [33658/05]

The visa applications in respect of the persons concerned were received in the family reunification section of my Department in December 2003.

The applications were considered under section 18(4)(b) of the Refugee Act 1996, as amended. I am pleased to inform you that the visa applications were recently approved to enable the family members to enter and reside in the State.

Road Traffic Accidents.

John Perry

Ceist:

193 Mr. Perry asked the Minister for Justice, Equality and Law Reform if his officials were contacted by all the local authorities on the introduction of speed limits if his attention has been drawn to the fact that 41% of road deaths are caused by speed; the reason there is speed limits of 100 km on minor roads yet parts of motorways have a limit of 60 km; the resources and instructions which have been issued to all Garda divisional levels to implement the strategy outlined in the road to safety; the further reason there is no data available on the number of Garda checkpoints operated nationwide; his plans to record checkpoints; and if he will make a statement on the matter. [33672/05]

I am in contact with the Garda authorities concerning the matters raised and I will contact the Deputy when the information requested comes to hand.

Garda Equipment.

John Perry

Ceist:

194 Mr. Perry asked the Minister for Justice, Equality and Law Reform when the computerisation of the penalty point system will take place; the cost of implementing the speed camera, penalty system and Garda PULSE computer system; the reason the Garda PULSE computer system not yet been integrated with the central courts computer system; the cost to integrate same; the individual costs involved to have the courts issue manually amended summons; and if he will make a statement on the matter. [33673/05]

The fixed charge processing system is already operational in Dublin, Cork city and parts of Louth and Meath. The FCPS is currently integrated with the national driver file and the Courts Service.

The system will be extended nationwide in respect of existing penalty point offences in conjunction with the commencement of an outsourced fixed charge payment collection service. In addition, it is proposed to rollout further penalty point offences under regulations under the Road Traffic Act 2002 which will be prepared by the Department of Transport in consultation with my Department. The precise timescales are currently being worked out with the various agencies involved but I can assure the Deputy there will be no unavoidable delay.

The cost of the development of the fixed charge processing system is approximately €13.5 million. This includes the cost of processing the output from speed cameras. In regard to the cost of implementing speed cameras, the selection of an outsource provider will be made by way of an open and competitive tendering process, and a request for tender document will issue in due course. In accordance with EU and national procurement guidelines, this RFT will be published in the EU Journal and on the Government’s procurement website. All tender proposals received will be evaluated on an individual basis in accordance with the criteria set down in the request for tender. I am not in a position at this time to indicate to the Deputy the potential cost of the project as this will depend, inter alia, on the tenders received.

The cost of the development of the PULSE system was €61.33 million. There is already an electronic interface between the fixed charge processing system and the Courts Service criminal case tracking system for the processing of summons applications. In regard to the integration of the courts computer system with PULSE, my Department, the Courts Service and the Garda Síochána are currently engaged with the Reach Agency in a pilot project to exchange summons and court outcomes electronically, by implementing the Reach InterAgency Messaging Service. On successful completion of this pilot project, other exchanges of information between these agencies and others in the sector will be revisited, potentially leading to a fuller integration between the two systems, depending on the business benefits to be identified. The costs for this project have not yet been finalised.

Garda Deployment.

Jim O'Keeffe

Ceist:

195 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the number of posts within the Garda Síochána that have been identified for civilianisation; his plans to civilianise them and when; the number of civilian staff working in the Garda Síochána; the number of gardaí occupying clerical or administrative positions and their location. [33678/05]

I refer the Deputy to my reply to Question No. 557 of Tuesday, 8 November 2005.

As regards to the number of gardaí occupying clerical or administrative positions and their locations, it has not been possible to collate this information in the time available. I will, however, arrange for the information to be forwarded directly to the Deputy in the next few days.

Garda Strength.

Jim O'Keeffe

Ceist:

196 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the strength of numbers of the Garda Síochána; the number of members in each grade and the areas in which they are located; the number of students in Templemore College; and if there are any students currently being recruited; if so, the number of same. [33679/05]

I have been informed by the Garda authorities, who are responsible for the detailed allocation of resources, including personnel, that the personnel strength of the Garda Síochána, all ranks, as at 8 November 2005 was 12,309. I have been further informed by the Garda authorities that the personnel strength, by rank, of each operational Garda division as at 8 November 2005 was as set out in the table as follows:

Division

AC

CS

SU

IN

SG

GD

Carlow-Kildare

1

4

4

53

270

Cavan-Monaghan

1

6

6

65

291

Clare

1

4

3

40

220

Cork City

1

1

5

13

95

499

Cork North

1

4

3

42

195

Cork West

1

5

4

40

198

D.M.R. Eastern

1

4

14

75

473

D.M.R. North Central

1

5

17

90

550

D.M.R. North

1

3

15

91

513

D.M.R South Central

1

4

19

88

613

D.M.R. South

1

5

13

76

483

D.M.R. West

1

4

16

88

586

Donegal

1

5

6

68

345

Galway West

1

1

5

8

55

303

Kerry

1

4

3

45

213

Laois-Offaly

1

4

4

47

224

Limerick

1

5

10

71

397

Longford-Westmeath

1

1

4

5

39

198

Louth-Meath

1

8

7

81

429

Mayo

1

6

2

44

205

Roscommon-Galway

5

3

44

196

Sligo-Leitrim

1

1

4

6

46

210

Tipperary

2

5

4

52

252

Waterford-Kilkenny

1

1

6

8

52

280

Wexford-Wicklow

1

5

3

51

252

AC — Assistant Commissioner

CS — Chief Superintendent

SU — Superintendent

IN — Inspector

SG — Sergeant

GD — Gardaí

Garda management states that there are currently 581 students undergoing training at the Garda College in Templemore. There have been four intakes of 275 Garda recruits per intake so far this year. There are currently 549 recruits at phase II of their training. This means that a total of 1,130 Garda recruits are in training at present.

The current student-probationer education, training and development programme course consists of five separate but integrated phases. Phase I — 20 weeks — phase III — 16 weeks — and phase V — four weeks — of the training programme are conducted at the Garda College with the exception of the final four weeks of phase III which are delivered at operational training stations. Phase II — 22 weeks — and phase IV — 38 weeks — are conducted at designated operational training stations. Garda trainees are attested to the force on successful completion of phase III of their training. On attestation, Garda trainees become serving members of the force. Formal graduation takes place following the completion of the fifth and final phase of training.

I might add that the accelerated recruitment campaign of 1,100 Garda recruits each year to reach a 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 Garda Síochána will be fully considered.

Visa Applications.

Bernard J. Durkan

Ceist:

197 Mr. Durkan asked the Minister for Justice, Equality and Law Reform the position in the case of a person (details supplied) in County Kildare who has applied for a green card; and if he will make a statement on the matter. [33683/05]

The person concerned has recently attended at his local immigration office and has been granted permission to remain in the State.

Residency Permits.

Bernard J. Durkan

Ceist:

198 Mr. Durkan asked the Minister for Justice, Equality and Law Reform the position in regard to the residency application in the case of a person (details supplied) in County Dublin in view of all available documentation that has been supplied; and if he will make a statement on the matter. [33684/05]

The available documentation supplied to date has not been sufficient to finalise the residency application. The person in question has not yet provided evidence of identity despite a number of requests to do so. On receipt of the documentation requested a decision will be made on the application.

Bernard J. Durkan

Ceist:

199 Mr. Durkan asked the Minister for Justice, Equality and Law Reform the position regarding residency status in the case of a person (details supplied) in Dublin 6; and if he will make a statement on the matter. [33685/05]

The applicant in question applied for permission to remain in the State under the revised arrangements announced by me on 15 January 2005 for the processing of applications from the non-national parents of Irish born children born before 1 January 2005.

It is a requirement under the revised arrangements that the applicant has been resident in the State with the Irish born child on a continuous basis since the child's birth. Evidence of such residence is required. This is clearly stated on the application form.

The applicant concerned, with her Irish born child left, the jurisdiction for the United Kingdom during November 2004 where she claimed asylum. The applicant was returned here in March of this year under the provisions of the Dublin II Convention. Accordingly, as she did not satisfy the conditions of the revised arrangements announced by me on 15 January 2005, in so far as residency is concerned, her application for permission to remain in this country has been refused.

Bernard J. Durkan

Ceist:

200 Mr. Durkan asked the Minister for Justice, Equality and Law Reform the position in the case of a person (details supplied) in Dublin 8 who has applied for permission to remain here; and if he will make a statement on the matter. [33686/05]

I refer the Deputy to my answer to Question No. 267 of Thursday, 27 October 2005. The position remains unchanged.

Work Permits.

Bernard J. Durkan

Ceist:

201 Mr. Durkan asked the Minister for Justice, Equality and Law Reform if all documentation in the case of a person (details supplied) in County Kildare has been forwarded to the emigration section of his Department in view of the fact that the applicant no longer has access to legal advice; and if he will make a statement on the matter. [33687/05]

Bernard J. Durkan

Ceist:

202 Mr. Durkan asked the Minister for Justice, Equality and Law Reform if documentation to facilitate application for a work permit can be issued from his Department in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [33688/05]

I propose to take Questions Nos. 201 and 202 together.

An application for family re-unification, under section 18 of the Refugee Act 1996, was received in my Department in February 2005, in respect of the person concerned and her daughter lodged by their legal representative. The application was forwarded to the Office of the Refugee Applications Commissioner in March 2005 for investigation as required under the Act. That office advised my Department that, despite three questionnaires and other correspondence having been issued to the refugee who made the application and to her legal representative, no reply has been received to date.

The commissioner has now written to the refugee at the address provided by the Deputy. On receipt of the completed questionnaire, the Office of the Refugee Applications Commissioner will complete its investigations and forward a report on same to my Department. As soon as a decision is made, I will inform both the refugee and the Deputy.

Citizenship Applications.

Bernard J. Durkan

Ceist:

203 Mr. Durkan asked the Minister for Justice, Equality and Law Reform when naturalisation will be available to a person (details supplied) in County Kildare; and if he will make a statement on the matter. [33692/05]

I am advised by officials in the citizenship section of my Department that there is no record of an application for a certificate of naturalisation having been received from the individual concerned.

However, I understand that the Deputy was advised on a number of occasions, most recently in September 2005, by officials in the general immigration section that the person concerned should apply for permission to remain in the State based on his marriage to an Irish national. It appears that the individual concerned has not done so to-date and since he currently has permission to remain in the State, he is leaving himself open to possible deportation.

Garda Disciplinary Proceedings.

Jim O'Keeffe

Ceist:

204 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the number of members of the Garda Síochána who are currently under suspension; the nature of those suspensions; the level of remuneration to which they are entitled while suspended and the cost thereof. [33714/05]

Jim O'Keeffe

Ceist:

205 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform further to a report in a newspaper (details supplied) on 6 November 2005 if he has received a comprehensive report into the steps which will be taken to avoid protracted disciplinary processes from the Garda Commissioner; and if not, when he expects to receive same. [33716/05]

I propose to take Questions Nos. 204 and 205 together.

I have been informed by the Garda authorities that the number of gardaí currently suspended is 27 across all ranks, which represents about 0.2% of the force. Of these 27 members, the vast majority, 23 members, are suspended for a year or less. Four members are suspended for considerably longer periods.

It would be inappropriate for me to comment upon the nature of any of these suspensions as each suspension history is unique and deliberated on a case-by-case basis. In some cases disciplinary investigations are ongoing, while in others, matters are currently either before the High Court on judicial proceedings, awaiting a determination on criminal charges or awaiting instructions from the law officers.

A special suspension allowance of 75% of basic pay and rent allowance is payable to suspended gardaí in lieu of full pay and allowances during the period of suspension. A suspended member may apply to the Commissioner on grounds of special hardship to have the suspension allowance increased to 90%. The total money paid to the 27 suspended gardaí up to 3 November 2005 was €1,301,527.82.

As the Deputy may be aware, I have expressed concerns regarding the significant delays in certain disciplinary cases within the Garda Síochána. I am very concerned that lengthy court proceedings lie behind the four cases of lengthy suspension, and I am examining whether strict maximum time limits for suspension can be introduced in statutory regulations. I asked the Garda Commissioner to furnish me with a report outlining what steps have been taken in the management of these cases to resolve, one way or another, the legal proceedings which have prevented the completion of the disciplinary process. I also asked the Commissioner for his views on how best to ensure, as far as possible, that significant delays are avoided in future disciplinary cases. I have just received a report from the Garda Commissioner in the above matter. I will now carefully study this report and consider what steps need to be taken to address this issue of concern.

Residency Permits.

Finian McGrath

Ceist:

206 Mr. F. McGrath asked the Minister for Justice, Equality and Law Reform the reason there is delay in granting residency to a person (details supplied) in Dublin 17; and if the maximum support and assistance will be given to this person. [33728/05]

The person in question made an application for permission to remain in the State based on marriage to an Irish national. A request for documentation to enable the further processing of the application issued on 29 September 2005. A reply was received but did not include documentary evidence that the person in question is residing in the same household as her Irish national spouse. A further request issued on 26 October 2005 requesting this information. It is expected that on receipt of the information requested the case will be finalised within a short period of time. However, it should be noted that marriage to an Irish national does not confer an automatic right of residence in the State.

Multi-Denominational Schools.

Finian McGrath

Ceist:

207 Mr. F. McGrath asked the Minister for Education and Science if the provision of increased State funding will be supported for Educate Together; and if she will make a statement on the matter. [33721/05]

The level of funding that the Department of Education and Science provides to Educate Together as a school management body is on a par with that provided to Foras Patrúnachta na Scoileanna Lánghaeilge, 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 the Department of Education and Science has provided additional funding to Educate Together in 2005 to meet the immediate issues of concern to that body. The amount provided in 2005 was €81,133. 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, the Department of Education and Science 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, the Department of Education and Science 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 1 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 the 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.

Residential Institutions Redress Scheme.

Finian McGrath

Ceist:

208 Mr. F. McGrath asked the Minister for Education and Science if a hospital (details supplied) in Dublin 3 was ever on the list of institutions of abuse; if inspections were undertaken; and if complaints were received regarding incidents in 1956, 1957 and 1959 were ever recorded. [33729/05]

The Incorporated Orthopaedic Hospital of Ireland, Clontarf, Dublin 3, was not placed on the Schedule of the Residential Institutions Redress Act as it does not come within the scope of the scheme. The Department of Health and Children has advised that it did not locate records that indicated that the facility was inspected or regulated at the relevant time by that Department or one of its agencies.

The Department of Health and Children has not identified any records of complaints regarding incidents in 1956, 1957 and 1959 at this facility.

Tuition Fees.

Bernard J. Durkan

Ceist:

209 Mr. Durkan asked the Minister for Education and Science if and when funds will be made available for a person (details supplied) in County Kildare; and if she will make a statement on the matter. [33596/05]

The person in question completed a vocational training opportunities scheme, VTOS, course in computer studies over the two year period from 2001 to 2003 in Coláiste Íde, Finglas. Tuition on that course was provided free of charge, as were books and materials.

He subsequently undertook a course involving the European computer driving licence, for which there were no course or examination fees, and an evening course to train participants to teach computer studies, which was called the joint education board, JEB. This programme was part of City of Dublin Vocational Education Committee, CDVEC, self-financing evening programmes. CDVEC has discretion to waive fees for such courses and did so in his case. However, as he was unsuccessful in the examinations, he repeated the course the following year. Fees were payable for this. Inquiries have been made with the CDVEC which has advised that funds will not be made available for a repeat year for the JEB programme.

Youth Services.

Mary Upton

Ceist:

210 Dr. Upton asked the Minister for Education and Science the names of the ten new special projects for disadvantaged youth that are being implemented as part of the national youth development plan in 2005; if she will make a statement on the progress to date of each of these ten projects; the amount which has been allocated to each of these ten projects in 2005 and, if applicable, for 2006; and the amount which has been allocated to each of these ten projects and which has been spent as of October 2005. [33606/05]

The ten new projects sanctioned in 2005 under the special projects for youth scheme are as follows: 1. Cobh Youth Services, Cork; 2. Daybreak Programme, Donegal; 3. The Blue Box Creative Learning Centre, Limerick; 4. County Longford Youth Services, Longford; 5. Kildare Youth Project, Kildare; 6. Sliabh Luachra Project, Kerry; 7. Shannon Youth Project, County Clare; 8. Graiguecullen Youth Project, Carlow; 9. Unaccompanied Minors' Project, Dublin — this project is now known as the transition support project; and 10. Services to Young Travellers, Tallaght, County Dublin. A grant of €46,000 was made available towards the support of each project in 2005 with full year costs of €92,000 anticipated for 2006, per project.

My Department outlined how the funding for youth work would be allocated between various priorities, projects and organisations in July 2005, including full details of the ten new projects sanctioned in 2005. Under the terms of the special projects for youth scheme, projects are required to submit progress reports and financial statements to the youth affairs section of my Department. The new projects will continue to be monitored on this basis.

Mary Upton

Ceist:

211 Dr. Upton asked the Minister for Education and Science the amount which was allocated in 2005 and, if applicable in 2006, to the provision of continued support of the child protection training programme; and the amount which has been spent as of October 2005. [33607/05]

I have already accepted proposals put to me by the national youth work advisory committee for the development of a four-year training programme for the sector based on the code of good practice, Child Protection for the Youth Work Sector. I arranged for the National Youth Council of Ireland to appoint a national co-ordinator for child protection to manage and oversee the implementation of this training programme which is currently in hand.

A sum of €80,000 was expended on the implementation of a child protection training programme for the sector in 2003 and a further €83,000 was expended in 2004. To date in 2005, €65,000 has been made available to the National Youth Council of Ireland in this regard. Additional funding will be made available later in 2005 and in 2006.

Mary Upton

Ceist:

212 Dr. Upton asked the Minister for Education and Science the names of the 20 single worker special projects she has identified for upgrading to two worker projects under the national youth work development plan in 2005; the special projects which have already been upgraded; the amount each of these special projects which was allocated for the upgrading process in 2005 and, if applicable, in 2006; and the amount which has been spent by each special project in being so upgraded. [33608/05]

A key action of the National Youth Work Development Plan 2003-2007 provides, in principle, that single worker projects should be upgraded to two worker projects with immediate priority to be given to those funded under the special projects for youth scheme. My Department outlined how funding for youth work would be allocated between various priorities, projects and organisations in July 2005, including details of the 20 upgrades.

The 20 single youth worker projects upgraded to two workers in 2005 are as follows: 1. Loughlinstown-Ballybrack Project, Dublin; 2. Priorswood Youth Project, Dublin; 3. St. Andrew's Resource Centre, Pearse Street, Dublin; 4. North Dublin Youth Development Project, Foróige; 5. Mahon Youth Project, Cork; 6. Churchfield-Gurranabraher Project, Cork; 7. Beara Peninsula Youth Project, County Cork; 8. St. Munchin's Follow Your Dream Project, Limerick; 9. Lucan Youth Service, Dublin; 10. Tagaste House, Galway; 11. Waterford Youth Drama Project; 12. Little Red Kettle, Waterford; 13. Castleconnell Youth Project, County Limerick; 14. Development Worker Post, National Association of Traveller Centres, NATCs; 15. Coxes Demesne Project, Dundalk, County Louth; 16. Youth New Ross Project, Wexford; 17. North Leitrim Youth Project; 18. Laois Youth Services Project; 19. Hebron and Newpark, Kilkenny; and 20. Mullingar Youth Response Project, County Westmeath. A grant of €46,000 was made available towards the support of each project in 2005 with similar costs anticipated in 2006 for each project.

Some 12 single worker projects were upgraded to two workers in 2004 as follows: 1. YMCA Project, Dublin; 2. Beyond Youth LGBT Project, Dublin; 3. Cryptic Youth Project, Balbriggan, County Dublin; 4. Dún Laoghaire Longstanding Projects — these projects include a youth arts programme, an outward bound adventure education programme and support and co-ordination; 5. Strawberry Hill Project, Cork; 6. Togher Youth Project, Cork; 7. Sky Youth Project, County Cork; 8. Sacred Heart Youth Project, Waterford; 9. Traveller Youth Project, Ballybane, Galway; 10. Listowel-North Kerry Youth Project; 11. Literacy Youth Project, Ennis, County Clare; and 12. Ballywaltrim Youth Project, Bray, County Wicklow. A total of €23,500 was made available to each project in 2004 with full year costs of €47,000 in 2005.

School Curriculum.

Michael Ring

Ceist:

213 Mr. Ring asked the Minister for Education and Science her plans to introduce a mandatory module on domestic abuse to be included in social, personal and health education programmes at post primary level; and if she will make a statement on the matter. [33609/05]

Social personal and health education, SPHE, incorporating relationships and sexuality education has been developed at junior cycle level, and this has been made mandatory for all schools with effect from September 2003. In addition, all schools are required to have an agreed school policy and a suitable relationships and sexuality education programme in place for senior cycle pupils. Comprehensive guidelines for (a) junior cycle and (b) senior cycle have also been published and provided to schools by the NCCA to support the RSE aspects of the curriculum. An integrated SPHE programme at senior cycle incorporating RSE is being developed.

The overall aims of the SPHE curricula are: to foster the personal development, health and well-being of students and help them to create supportive relationships and become responsible citizens; to develop a framework of values, attitudes, understanding and skills that will inform their actions and decision making; and to establish and maintain healthy patterns of behaviour.

The SPHE modules at junior cycle in post primary schools deal specifically with belonging and integrating, handling conflict constructively, dealing with peer pressure, influences on decision-making, relationships and sexuality in terms of values, reproductive system, tackling myths about sex and pregnancy, personal safety, substance use and the impact of teenage pregnancy. Two of the SPHE modules relate specifically to relationships and sexuality and personal safety. The aims of these modules include bringing students to an understanding of the physical changes that take place during adolescence and exploring with them procedures for protecting their personal safety along with appropriate responses when their safety is threatened. In third year, an awareness of help agencies is promoted and students' skills for obtaining access to them are developed.

For senior cycle students, all schools are required to have an agreed school policy and a suitable relationships and sexuality education programme in place. The RSE programme at senior cycle deals further with these issues, including pregnancy, contraception, sexually transmitted diseases, sexual harassment, sexual assault, and accepting sexual orientation.

The National Council for Curriculum and Assessment, NCCA, is currently developing an SPHE curriculum framework for senior cycle and a draft document has recently gone for consultation to the partners. The draft curriculum framework includes five areas of learning, most of which contribute to the education of young people on aspects of violence, its causes and preventive measures and to the promotion of physical and mental health. The five areas are mental health, gender studies, substance use, relationship and sexuality education, and physical activity and nutrition.

The Department of Education and Science has developed two sets of resource materials that are particularly relevant to this area for use with transition year and senior cycle students as part of an SPHE programme. These are BALANCE — Who cares? and Exploring Masculinities. These resources use a variety of materials and strategies to explore and discuss issues of gender equality. Specific attention is paid to addressing both sexual harassment and domestic violence in both resources. Also included in the Exploring Masculinities resources are materials on bullying and child sexual abuse.

All post-primary schools provide a guidance and counselling service for their students and they receive ex-quota hours from the Department for this provision. Guidance counsellors are qualified to provide counselling support to students who may have suffered abuse and to assist them in accessing appropriate help when needed.

Schools Building Projects.

Jimmy Deenihan

Ceist:

214 Mr. Deenihan asked the Minister for Education and Science if emergency funding will be provided for a new entrance at a school (details supplied) in County Kerry; and if she will make a statement on the matter. [33620/05]

The school referred to by the Deputy has made an application under the summer works scheme 2006 for funding towards the provision of a new entrance at the school.

All applications under this scheme are currently being examined in the school planning section of my Department. The list of successful applicants will be published when the assessment process is completed.

Higher Education Grants.

Gay Mitchell

Ceist:

215 Mr. G. Mitchell asked the Minister for Education and Science the reason a person (details supplied) in Dublin 12 is not being awarded a full maintenance non-adjacent grant for the second year of a two-year course; and if she will make a statement on the matter. [33659/05]

My Department funds three means-tested maintenance grant schemes for third level education students in respect of attendance on approved courses in approved third level institutions and one maintenance grant scheme in respect of students attending approved post leaving certificate courses in approved PLC centres, namely, the higher education grants scheme, the vocational education committees' scholarship scheme, the third level maintenance grants scheme for trainees and the maintenance grant scheme for students attending post leaving certificate courses.

Under the terms of the maintenance grants scheme for post leaving certificate courses 2005, grants are available to eligible candidates who are entering approved PLC courses for the first time in the 2005-06 academic year. Candidates are ineligible if they already hold a FETAC level 5 qualification, formerly known as a FETAC, NCVA, level 2 qualification, or a FETAC level 6 qualification, formerly known as a FETAC, NCVA, level 3 qualification, or a third level qualification at level 6 or higher. However, notwithstanding this condition, candidates who already hold a FETAC level 5 qualification, formerly known as a FETAC, NCVA, level 2 qualification, and are now pursuing a course that offers progression may be deemed eligible for grant aid.

Under the PLC scheme, eligible students may continue to receive grant assistance for the normal duration of an approved course subject to the usual terms and conditions of funding. In this regard clause 6.3.2 provides inter alia, that:

A grant is tenable for the normal duration of the approved PLC Course and is renewable annually subject to the satisfactory participation, attendance and the approval of the Vocational Education Committee.

In accordance with clause 6.3.6 of the PLC scheme:

Grants may not be paid in respect of a second period of attendance at the same level for a course approved for the purposes of this scheme, irrespective of whether or not a grant was paid previously. The Vocational Education Committee will have discretion to waive this provision in exceptional circumstances such as serious certified illness.

Further clarification is being sought with regard to the duration of the course in question in order to establish if the candidate referred to by Deputy is eligible for funding for a second year.

School Staffing.

John Perry

Ceist:

216 Mr. Perry asked the Minister for Education and Science if, in relation to the 20 one-teacher schools here, the actions the only teacher can take when an emergency occurs; her plans to sanction the appointment of a second person in the 20 one-teacher schools; and if she will make a statement on the matter. [33667/05]

The mainstream teacher allocation of all primary schools, including one-teacher schools, is determined by reference to the school's enrolment on 30 September of the previous school year. The staffing schedule is outlined in a circular which is issued to all primary schools each year. One-teacher primary schools may be eligible for additional teacher or special needs assistant allocations in accordance with the criteria for the allocation of special needs resources. The staffing situation of one teacher schools is under review.

Schools Building Projects.

John Perry

Ceist:

217 Mr. Perry asked the Minister for Education and Science the progress made on the application for funding for the provision of a general purpose classroom at a school (details supplied) in County Sligo; if the money will be allocated in view of the fact that this school is located in a catchment area that is experiencing a growth in population; when work will commence and the timescale involved; and if she will make a statement on the matter. [33675/05]

The application from the school referred to by the Deputy has been assessed in accordance with the published prioritisation criteria which were revised last year following consultation with the education partners. The project is being considered in the context of the 2005-09 school building and modernisation programme.

Schools Funding.

Finian McGrath

Ceist:

218 Mr. F. McGrath asked the Minister for Education and Science the deficits in the funding of second level education; and if she will support the ASTI, USSI and the NPC on this matter. [33726/05]

There have been significant improvements in the level of funding allocated to second level schools in recent years. Not only have voluntary secondary schools benefitted from the increases in the standard per capita grant, which stands at €286 per pupil since last January, but they have also gained from the introduction of grants under the school services support initiative. The standard support services grant, which was increased to €103 from January 2005, was increased further to €145 per pupil in the case of voluntary secondary schools. The increased grant of €42 per pupil is paid in addition to the range of equalisation grants of up to €15,554, or €44.44 per pupil, per annum which have been approved for voluntary secondary schools.

Teacher allocations for second level schools are approved by the Department of Education and Science on an annual basis, in accordance with generally applied rules relating to recognised pupil enrolment. In general, a ratio of 18:1 is applied in respect of recognised pupils on established junior certificate, leaving certificate, repeat leaving certificate and transition year programmes and a ratio of 16:1 is applied in respect of recognised pupils on the leaving certificate vocational programme, post-leaving certificate courses and the applied leaving certificate programme. There have been significant improvements in the pupil teacher ratio at post-primary level in recent years. There was one teacher for every 16 pupils in the 1997-98 school year, but that ratio decreased to 13.4:1 in the 2004-05 school year.

Enormous progress has been made in recent years to increase the number of teachers in our schools who are specifically dedicated to providing education for children with special educational needs. At second level, there are 1,614 whole time equivalent teachers in place to support pupils with special educational needs. By contrast, there were 558 teachers in place in the 2001-02 school year for such pupils. In addition, some 1,023 whole time equivalent special needs assistants are in our second level schools at present, compared to 292 in the 2001-02 school year.

The new action plan for educational inclusion, delivering equality of opportunity in schools, aims to ensure that the educational needs of children and young people from disadvantaged communities are prioritised and effectively addressed. The plan provides for a standardised system for identifying levels of disadvantage and a new integrated school support programme which will bring together and build on a number of existing interventions for schools with a concentrated level of disadvantage. At second level, the new standardised system for identifying disadvantage in schools will replace all the existing arrangements for targeting schools for participation in initiatives aimed at addressing disadvantage. As a result, the 150 second level schools which will be included in the new school support programme will benefit from additional staffing and funding supports, including increased funding under the school book grant scheme, access to home school community liaison scheme services and access to a range of academic and non-academic supports to retain young people in school. Such measures will be extended to second level schools in the school support programme on a phased basis. The significant increases in the funding of post-primary schools represent a clear demonstration of my commitment to prioritising the available resources to address the needs of schools.

School Staffing.

Finian McGrath

Ceist:

219 Mr. F. McGrath asked the Minister for Education and Science if the maximum support and assistance in staffing and funding will be given for a school (details supplied) in Dublin 9. [33727/05]

Teacher allocations to second level schools are approved each year 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 with regard to pupil needs within the limit of its approved teacher allocation. As long as it meets requirements relating to the provision of core subjects, the curriculum offered in individual second level schools is a matter for each school's authorities, having regard to its approved teacher allocation. The rules for allocating teaching resources provide that if a school management authority is unable to meet its curricular commitments from within its approved allocation, the Department will consider applications for additional short-term support, for example in the form of curricular concessions. An independent appeals mechanism is available to school authorities which wish to appeal the adequacy of their teacher allocation.

The Department allocates additional teaching support and special needs assistant support to second level schools and vocational education committees to cater for pupils with special educational needs. Since 1 January 2005, the National Council for Special Education, through its network of locally based special educational needs organisers, is responsible for processing applications for additional special educational needs resources. When a pupil with special educational needs enrols in a post-primary school, it is open to the school to apply to the local organiser for additional teaching support or special needs assistant support for the pupil. I am confident that the advent of the national council 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.

There have been significant improvements in the level of funding for second level schools in recent years. Not only have voluntary secondary schools benefited from the increases in the standard per capita grant, which stands at €286 per pupil since last January, but they have also gained from the introduction of grants under the school services support initiative. The standard support services grant, which was increased to €103 from January 2005, was increased further to €145 per pupil in the case of voluntary secondary schools. The increased grant of €42 per pupil is paid in addition to the range of equalisation grants of up to €15,554, or €44.44 per pupil, per annum which have been approved for voluntary secondary schools. The significant increases in the funding of post-primary schools represent a clear demonstration of my commitment to prioritising the available resources to address the needs of schools, including that referred to by the Deputy.

Languages Programme.

Joan Burton

Ceist:

220 Ms Burton asked the Minister for Education and Science if her attention has been drawn to the detailed report put forward by a school (details supplied) in Dublin 15; the language resources she provides already to the school; if there is a ceiling of such resources; if her attention has further been drawn to the fact that the school faces a severe difficulty due to the number of international students and the lack of resources; and if she will make a statement on the matter including the proposals she has to give the school the support they require. [33739/05]

Joan Burton

Ceist:

221 Ms Burton asked the Minister for Education and Science the situation in relation to the provision of additional support teachers for schools with significant numbers of non-national and international students especially students who have little or no facility with English; the quota of support; if there is a ceiling on the quota; and if she will make a statement on the matter. [33740/05]

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

Schools catering for non-national pupils who have significant English language deficits are entitled to assistance to enable such pupils to gain full access to the curriculum. Primary schools in which between three and 13 non-English speaking non-national pupils are enrolled receive grant assistance for a period of up to two years. Primary schools with between three and eight such pupils receive grant assistance of €6,348.69 while schools with between nine and 13 such pupils receive assistance of €9,523.04. Schools which have between 14 and 27 such pupils enrolled are entitled to a full-time temporary language support teaching post at primary level. Schools with 28 or more such pupils are entitled to two full-time temporary language support teachers. Support is provided for an individual pupil for a period of up to two years. A third teaching post may be sanctioned in exceptional cases, following consideration by the Department of Education and Science's inspectorate. The school referred to by the Deputy has three language support teaching posts, as well as 33 mainstream teachers, five permanent learning support or resource teachers, two temporary learning support or resource teachers and a resource teacher for Travellers. Based on an enrolment of 936 pupils on 30 September 2005, the pupil teacher ratio, excluding the three additional language support teachers, is approximately 23:1. I am satisfied that the staffing of the school is sufficient to meet the needs of all pupils in the school, including non-national pupils.

Defence Forces Personnel.

Pat Carey

Ceist:

222 Mr. Carey asked the Minister for Defence if a person (details supplied) in Dublin 11 is entitled to reimbursement for private medical treatment; and if he will make a statement on the matter. [33629/05]

The medical care and treatment of enlisted personnel of the Permanent Defence Force is provided either directly by the medical corps, or where considered appropriate, by the medical corps referral to Health Service Executive facilities. Military personnel are free to attend private health care providers if they wish to do so, in a personal capacity as private patients, but the costs thereby incurred are not reimbursable by the Department of Defence.

The military authorities advise that, in the case referred to by the Deputy, no prior application was made for approval and there was no referral by the military medical authorities. However, when the member concerned discharged his private account with the consultant in question, the individual then applied for a refund from the Department of Defence. This application could not be approved, as there is no provision for such reimbursement of private medical treatment in the case of enlisted personnel.

Proposed Legislation.

Gay Mitchell

Ceist:

223 Mr. G. Mitchell asked the Minister for the Environment, Heritage and Local Government when the proposed legislation on demutalisation of building societies will be announced; and if he will make a statement on the matter. [33660/05]

The option of demutualisation is already available to any building society under existing legislation and two building societies have demutualised using these provisions. Current legislation includes protective provisions precluding 15% or more of the shares in a successor company being held by any individual or institution for five years after demutualisation unless the Central Bank directs, in accordance with legislation, that these protective provisions should not apply.

Work in connection with updating of building societies legislation, having regard to proposals from the existing societies including proposals relating to demutualisation provisions, is proceeding. The content and timing of legislation in this area will be a matter for decision by Government.

Local Authority Housing.

Joan Burton

Ceist:

224 Ms Burton asked the Minister for the Environment, Heritage and Local Government his policy in regard to the assessment by county councils of rent exemption for community employee workers; if his attention has been drawn to the fact that in many places county councils are charging extra rent in the first year of employment; if he proposes to take any action in regard to the position taken by Fingal County Council; and if he will make a statement on the matter. [33738/05]

Local authorities are responsible, as part of their housing management functions, for the determination of rents of their dwellings taking into account certain principles laid down in departmental circular letters and which are set out in the reply to Questions Nos. 194 and 196 of 14 April 2005. While adhering to these principles, authorities have discretion as to the types of income to be taken into account in the assessment of rents and how to deal with hardship cases.

The general guidance from my Department in regard to increases in income due to participation in the community employment programme is that such increases should not attract increased rent.

Noise and Air Pollution.

Joan Burton

Ceist:

225 Ms Burton asked the Minister for the Environment, Heritage and Local Government the legislation or regulation that exists in regard to noise and air pollution levels in the vicinity of toll gates and tolling points on motorways and in particular in respect of the toll bridge at the M50 where residents are experiencing very high levels of noise and air pollution; his plans to bring in legislation in this area; if there are EU regulations which apply in this case; and if he will make a statement on the matter. [33613/05]

Assessment of air quality is the responsibility of the Environmental Protection Agency, EPA, and air quality management is a matter for local authorities informed by air quality measurement data under the Air Quality Standards Regulations 2002. 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. The report states that the limit values for pollutants under the EU directives on ambient air quality were not exceeded in 2003. The report is available in the Oireachtas Library.

EC Directive 2002/49/EC on the assessment and management of environmental noise defines a common approach to noise pollution across the EU so as to avoid, prevent or reduce the harmful effects of exposure to environmental noise. This will be achieved through a process of noise mapping which will apply to agglomerations and to new and existing major roads, railways and airports, as set out in the directive, in two phases; the first phase by June 2007 and the second phase by June 2012. I understand the M50 motorway will fall within the directive's definition of a first phase major road.

The directive aims to ensure the public has access to information on environmental noise obtained from the noise mapping process. Furthermore, it provides for the formulation and adoption of action plans based on the noise mapping results, with a view to preventing and reducing environmental noise where necessary. Action planning shall also proceed on a phased basis; the first phase by July 2008 and the second phase by July 2012. Regulations to transpose Directive 2002/49/EC are at an advanced stage of drafting and I intend to make them shortly.

While the Minister for Transport has responsibility for policy and funding in regard to the national roads programme, implementation of individual projects is a matter for the National Roads Authority in conjunction with the relevant local authority. In this regard, I understand the National Roads Authority published, Guidelines for the Treatment of Noise and Vibration in National Road Schemes in 2004. These guidelines establish a more demanding design goal in regard to road traffic noise, and provide detailed guidance on the treatment of noise and vibration at all stages in the planning, design and construction of road projects. I am satisfied that existing and forthcoming provisions for which I have responsibility have been designed to address the main problems associated with motorway noise and air pollution.

Property Management Companies.

Joan Burton

Ceist:

226 Ms Burton asked the Minister for the Environment, Heritage and Local Government the situation regarding management companies and the substantial annual fees charged by them in respect of new housing developments, including affordable houses; if local authorities have been advised in respect of such charges being built into the purchase contract for homeowners; if these charges are in order, especially for houses; if regulations govern this area; his proposals for legislation and regulation; and if he will make a statement on the matter. [33615/05]

I refer to the reply to Question No. 97 of 25 October 2005.

Planning authorities have been asked by my Department for a report on their policies in regard to the attachment of conditions relating to management companies to planning permissions for various types of residential developments. On receipt of their responses, I intend to consider the question of further guidance in this matter.

It should also be noted that the Law Reform Commission is currently finalising a draft report on the law in regard to management of multi-unit developments, including the issue of management companies. The Government will consider any recommendations the final report makes including the necessity for new legislation in this area.

Grant Payments.

Denis Naughten

Ceist:

227 Mr. Naughten asked the Minister for the Environment, Heritage and Local Government the reason the top-up payment paid to bog owners who sold bog to his Department prior to 2004 is €310 an acre less than is currently paid for the sale of bog; if he will review this situation; and if he will make a statement on the matter. [33652/05]

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 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 payment. This agreement incorporated retrospective provisions benefiting landowners who participated in the original 1999 scheme. In calculating the amounts payable, the value of the previous payments per acre is adjusted in accordance with the consumer price index. This is consistent with the terms of assurances given in writing to many landowners at the time of their previous payments.

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