Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Dáil Éireann díospóireacht -
Thursday, 1 Dec 2005

Vol. 611 No. 3

Written Answers.

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

Pension Provisions.

Kathleen Lynch

Ceist:

9 Ms Lynch asked the Minister for Social and Family Affairs the steps his Department is taking to address continuing concerns regarding reported large scale abuse of the construction industry pension scheme; and if he will make a statement on the matter. [37211/05]

The construction federation operatives pensions scheme operates as a registered employment agreement under the Industrial Relations Acts. There is a statutory obligation on employers to register eligible employees in the scheme and to pay the necessary contributions.

Compliance with the terms of the scheme is enforced through the Construction Industry Monitoring Agency, the Labour Court and the Department of Enterprise Trade and Employment. The Pensions Board also has a role in relation to the scheme in so far as compliance with the various aspects of the Pensions Act are concerned. However, the main difficulties with the scheme relate to failure to register employees and-or to deduct contributions to the scheme and these issues are a matter for the Construction Industry Monitoring Agency, the Labour Court and the Department of Enterprise Trade and Employment.

The Pensions Board has a very limited role in ensuring compliance with the scheme in question. However, because of ongoing controversy in relation to the scheme and compliance with its terms, the board recently facilitated a report on the scheme in conjunction with the Department of Enterprise Trade and Employment.

The report was undertaken by Mercer Human Resource Consulting and it found that 80% of the estimated 80,000 eligible employees in the industry are covered by the scheme. However, the report does highlight the fact that an estimated 70,000 operatives are classed as self-employed and are therefore not eligible to join the scheme.

Mercer have made a range of recommendations designed to improve compliance with the scheme involving the Departments of Enterprise Trade and Employment, the Department of Finance, the Revenue Commissioners and my Department. Copies of the report have been provided to the relevant Ministers. The Pensions Board is, I understand, convening a meeting shortly to explore the various recommendations made by Mercer with the relevant Departments.

Following a meeting I had with trade unions representing construction workers, I wrote to the Minister for Finance requesting that the companies awarded public sector contracts should be fully compliant as regards the requirements under the construction federation operatives pensions scheme.

Social Welfare Code.

Simon Coveney

Ceist:

10 Mr. Coveney asked the Minister for Social and Family Affairs the action he intends to take as a result of his decision to make carers a priority for the social reform agenda; and if he will make a statement on the matter. [37272/05]

Jan O'Sullivan

Ceist:

43 Ms O’Sullivan asked the Minister for Social and Family Affairs the steps he has taken or plans to take to implement the recommendations contained in the report of the Joint Committee on Social and Family Affairs, the Position of Full-Time Carers; and if he will make a statement on the matter. [37219/05]

Ruairí Quinn

Ceist:

49 Mr. Quinn asked the Minister for Social and Family Affairs if he has received a copy of the carer’s association national policy document Towards a Family Carers Strategy; his views on its main findings; if he will draw on this document when formulating a national strategy for carers; and if he will make a statement on the matter. [37220/05]

Bernard J. Durkan

Ceist:

87 Mr. Durkan asked the Minister for Social and Family Affairs if in the context of budget 2006 or the forthcoming Social Welfare Bill, he will consider extending the carer’s allowance to a wider group of carer’s who currently do not qualify for payment for one reason or another; and if he will make a statement on the matter. [37224/05]

Bernard J. Durkan

Ceist:

150 Mr. Durkan asked the Minister for Social and Family Affairs when he expects to expand or extend the scope or scale of the carer’s allowance; and if he will make a statement on the matter. [37515/05]

I propose to take Questions Nos. 10, 43, 49, 87 and 150 together.

According to census 2002, there are 48,500 people providing personal care for over four hours per day. Over 25,700 of these are in receipt of either carer's allowance or carer's benefit. This means that almost 53% of the 48,500 carers, estimated by the CSO to be caring for more than four hours per day, are in receipt of a specific carer's payment from my Department.

Supporting and recognising carers in our society has been a priority of the Government since 1997. Over that period, weekly payment rates to carers have been greatly increased, qualifying conditions for carer's allowance have been significantly eased, coverage of the scheme has been extended and new schemes such as carer's benefit and the respite care grant have been introduced and extended.

The report of the joint Oireachtas committee, which I examined when it was published last year, makes a range of recommendations, many of which relate to my Department and a number of which concern the Department of Health and Children.

In response to the committee, who stated that the greatest need identified by family carers is the need for a break from caring, I made provision in budget 2005 to improve and extend the respite care grant in the following ways: first, from June this year, in accordance with the Government's commitment in our programme for Government to introduce significant increases in the value of the respite care grant, I increased the amount of the grant from €835 to €1,000 annually; second, provision was made for the extension of the grant to all carers who are providing full time care to a person who needs such care regardless of their means. This means that the respite care grant is now paid to persons providing full time care but who are on another social welfare payment, excluding unemployment assistance and benefit. It is also paid to carers who do not currently receive a weekly social welfare payment from my Department. The grant continues to be paid automatically to those who are in receipt of carer's payments; third, the grant is now being paid in respect of each person receiving care. This means that a carer who is providing care for more than two people receives a grant in respect of each person for whom she or he is caring. Previously a maximum of two grants was paid. I have done this to recognise the particular challenges which are faced by carers who are caring for several people.

To date, almost 31,000 respite care grants have been paid by my Department and applications for the grant continue to be received.

With regard to the Carers Association's Towards a Family Carer's Strategy, I had the pleasure last May of launching that strategy. The strategy is a focused document with very clear objectives and actions. These objectives and actions cover a range of areas and Government Departments, including income support and health related issues. I was particularly interested in the views expressed in the strategy in relation to encouraging carers to participate in the labour force. As I have previously mentioned in the House, care-sharing situations can now be accommodated on the carer's allowance scheme.

This measure allows two carers who are providing full-time care in an established pattern, for example every second week, to share the carer's allowance income support payment and the annual respite care grant. Both carers will receive the household benefits package of free schemes.

My Department can also accommodate the carer who is providing care, say on alternate weeks, and where the care recipient attends a residential institution on the other week. All of the usual qualifying conditions for carer's allowance will apply to carers availing of these arrangements. This increased flexibility in the carer's allowance scheme will allow carers to combine the provision of care to a person who requires full-time care and attention and participation in the labour force if that is what they wish.

I have mentioned in the House before that a Long-Term Care Working Group, chaired by the Department of the Taoiseach and comprising senior officials from the Departments of Finance, Health and Children and my own Department is due to report to the Tánaiste and to me shortly. The objective of this group is to identify the policy options for a financially sustainable system of long-term care. The issues raised in the Carers Association's strategy are also included in the group's deliberations.

I am always prepared to consider changes to existing arrangements where these are for the benefit of recipients and financially sustainable within the resources available to me. I will continue to review the issues raised by the Carers Association, the joint Oireachtas committee and other bodies representing carers and I will continue to strive to bring forward proposals that recognise the valued and valuable contribution of carers in a tangible way.

Pension Provisions.

Thomas P. Broughan

Ceist:

11 Mr. Broughan asked the Minister for Social and Family Affairs his views of the recent report from the OECD that suggests that the current statutory retirement age should be scrapped and that persons, in certain circumstances, should be permitted to work until 85; and if he will make a statement on the matter. [37198/05]

In the face of rapid population aging the OECD considers that there is a need to promote better employment opportunities for older people. Much of the focus in this area revolves around the reform of social welfare pensions systems and early retirement schemes but the OECD points to the need for a broader reform agenda which includes welfare systems, employment and dismissal procedures in firms, employment services for older jobseekers, working conditions and wage and training practices.

In 2001 the OECD Employment, Labour and Social Affairs Committee decided, as a contribution to driving this agenda, to carry out a thematic review of policies to improve labour market prospects for older workers. Separate country reports have been prepared for each of the 21 countries that have participated in this review. Each country report analyses the main existing barriers to the employment of older people, assesses the coherence and effectiveness of policies in removing these barriers and presents a set of recommendations on measures that Government should implement.

The OECD report on Ireland has not yet been published but there was some publicity in relation to the conclusions of the report in connection with a High-Level Policy Forum on Aging and Employment Policies run by the OECD in Brussels on 17 and 18 October. However, I understand that the report on Ireland will be launched on 5 December as part of the 4th FÁS annual labour market conference.

The report is wide-ranging and focuses on improving employment prospects for older people aged 50 to 64 and prolonging working lives past normal retirement age. In this regard, as I have said before, we should do everything possible to facilitate people who wish to continue working after normal retirement age. In relation to the social welfare system the Government is committed to removing the requirement for a person to retire before they can receive the retirement pension.

As I have publicly stated on a number of occasions, I firmly believe that everyone in this country should be entitled to a decent pension in retirement, and it is that belief that has guided my decision to accelerate ways to tackle the pensions problem. As the situation now stands, out of a current workforce of 2 million people, in the region of 900,000 do not have a private or occupation pension. Unless this trend is aggressively addressed and reversed then hundreds of thousands of people will face into a retirement on the basic social welfare pension. That is why I brought forward the statutory national review by the Pensions Board by more than a year. I have now received that review and among its suggestions and recommendations are ideas on allowing people to defer claiming the State pensions and in return to receive a higher pension when they do decide to claim. However, incentives in the social welfare system to prolong working lives are only part of the equation as overall there is a need for a fundamental change in the attitudes of both employers and older workers to working longer.

Consultancy Contracts.

Michael D. Higgins

Ceist:

12 Mr. M. Higgins asked the Minister for Social and Family Affairs the amount spent by his Department on the hiring or use of outside consultants in each year since 2000; if he has satisfied himself that this practice represents good value for money; his plans to review the manner in which contracts are awarded to consultants; and if he will make a statement on the matter. [37207/05]

My Department engages consultancy expertise under three main headings. In the first instance consultancy is sought for a number of strategic multi-annual programmes aimed at enhancing the delivery of the Department's services. The second type are technical consultancies relating to the ongoing development of information technology systems. The final type is a consultancy assistance in other areas such as policy development, advertising and information.

My Department paid €1.87 million in 2000 for consultancy support. The figures for 2001, 2002, 2003 and 2004 were €3.605 million, €4.704 million, €1.975 million and €2.822 million respectively. The amount to end of September 2005 was €2.209 million.

My Department has comprehensive structures in place to oversee the procurement and management of consultancy support. A Project Governance Committee, comprising members of senior management oversees the prioritisation of projects and the allocation of funds for those projects. Project boards are established in respect of individual projects to ensure that they deliver according to plans and that value for money is achieved.

With regard to the engagement of consultants, I can assure the Deputy that, a rigid procurement process is undertaken in line with EU rules and public sector procurement guidelines. The achievement of value for money is the central criterion throughout the process. Once a preferred bidder has been identified, my Department agrees a contract, which details the scope of the services to be provided by the consultants and the deliverables to be achieved, to reflect value for money. In line with such contracts, payments are made in respect of the services delivered and deliverables to be achieved, provided the deliverables meet the expectations in all respects.

My Department has participated in a capacity building exercise developed by the national public procurement policy unit, NPPPU, of the Department of Finance. It continues to be an active participant of the NPPPU as well as a member of the Government Contracts Committee. Accordingly, it advocates and is an active contributor in creating principles aimed at achieving the highest standards in procurement practices.

The Minister for Finance has approved a policy framework that aims to facilitate a smarter and more professional approach to public procurement by Departments. This policy requires Departments to develop a corporate procurement strategy and procurement plan to set targets to achieve savings, and identify the appropriate structural changes in their organisations.

In line with this approach, my Department has formed a project group charged with developing a corporate procurement strategy. The group is representative of those areas of the Department critically involved in procurement. Central to the role of the group is the aim of achieving a strategy and plan which has value for money as a primary objective.

Social Welfare Benefits.

Róisín Shortall

Ceist:

13 Ms Shortall asked the Minister for Social and Family Affairs the number of recipients in receipt of family income supplement at the latest date for which figures are available; the way in which this figure compares with statistics compiled by the Revenue Commissioners on the number of earners within the income limits; his plans for a campaign to promote greater awareness of the family income supplement; and if he will make a statement on the matter. [37222/05]

Martin Ferris

Ceist:

25 Mr. Ferris asked the Minister for Social and Family Affairs if migrant workers on low pay here will be entitled to family income support. [37302/05]

I propose to take Questions Nos. 13 and 25 together.

The number of families benefiting from the family income supplement scheme on 18 November 2005 was 16,650. Family income supplement, FIS, is a payment made to low income families with children who are in employment but on low earnings, thereby preserving the incentive to remain in employment in circumstances where they might only be marginally better off than if they were fully reliant on social welfare payments.

Weekly payments of FIS are made to families, including one-parent families, with children, where one or more parent is in full-time remunerative employment of not less than 19 hours per week or 38 hours per fortnight, where the employment is likely to last at least three months, and where the income of the family is less than a prescribed weekly threshold. This threshold varies in line with the number of children in the family. This Government has increased the weekly income thresholds for qualification for a family income supplement payment by €84 since 2002. This has resulted in a net increase in FIS available to low income families of €50.40 per week.

The number of families with incomes below these thresholds who are eligible for family income supplement are not directly comparable with income statistics compiled by the Revenue Commissioners for a number of reasons, including the fact that the Revenue data does not, generally speaking, take into account the number of hours worked, the number of children in a family, nor social welfare income which might not be taxed but would still be taken into account for FIS. Migrant workers in low-income employment may qualify for FIS in the same way as other applicants.

It is not possible to estimate from administrative sources the number of families who would be eligible but do not apply for their entitlements under the family income supplement scheme. However, research undertaken by the Economic and Social Research Institute, ESRI, in 1997, which was based on the results of the Living in Ireland Survey 1994, suggested that fewer than one in three of potentially eligible claimants was actually in receipt of the payment. Since those with a higher entitlement are more likely to avail of the scheme, the take-up in expenditure terms was estimated to be somewhat higher, at between 35% and 38% of potential expenditure. It is expected that the ESRI will produce more recent data on family income supplement in the first quarter of 2006.

My Department undertakes a number of proactive measures to ensure that people are aware of possible entitlement to family income supplement. These include advising all newly awarded one parent family payment recipients, advising all employers annually in PRSI mailshots and examining entitlement for all recipients of the back to work scheme.

FIS has also been extensively advertised on local and national press and radio, in poster campaigns and targeted mailshots. Information on all social welfare schemes is also available on the Department's website and from any of the Department's local offices. While there has been extensive publicity, I am concerned that people who may be entitled to FIS are not applying for it and I will continue to review the adequacy of measures to promote greater awareness.

Richard Bruton

Ceist:

14 Mr. Bruton asked the Minister for Social and Family Affairs the way in which he intends to assist persons who are dependent on social welfare in becoming financially independent; the success of his Department in helping long-term dependants on social welfare to achieve a better standard of income and living; and if he will make a statement on the matter. [37267/05]

I recently announced that total spending on social welfare will increase in 2006 to a total of €12.49 billion even before announcements of further social welfare spending are made as part of the Government's broader budget package. The vast bulk of this spending meets the costs of payments to persons who through no fault of their own find themselves in circumstances where they need resources to meet the needs of everyday life. These circumstances include unemployment, ill health and old age and many of my Department's payments are explicitly linked to these contingencies.

Such spending has a major impact on the lives of people. Research on who benefits from social welfare spending shows that the bulk of spending goes to meet the needs of those on lowest incomes. This was also borne out in the 2003 EU survey on income and living conditions, or EU-SILC, which showed that social transfers as a percentage of gross income in the lower income group ranged from 94% to 68%.

Clearly, without the supports provided by my Department, such persons would fall way below the level of resources required to sustain an acceptable standard of living and quality of life.

For a considerable number of persons of working age, the need for this assistance is purely temporary and such persons return to financial independence relatively quickly. However for a variety of reasons such as difficulties with employability, long-term illness or disability, it may be difficult for such persons to return to or take up employment. Through a wide range of measures, my Department aims to address these underlying difficulties, thereby allowing the persons to take up work and to reduce or indeed eliminate dependence on the social welfare system. Through the introduction of earnings disregards and tapered withdrawal of payments, many recipients can take up some work without losing out financially.

The principle of progressing from unemployment through appropriate programmes in order to gain employment or improve employability is well accepted in the social welfare system as the best means of tackling social exclusion. In this context, a wide range of employment support programmes is available, playing a vital role in preventing the problems that arise from long periods of unemployment and proactively facilitating those unemployed to seek work.

The national employment action plan is one of my Department's primary interventions to support and encourage unemployed people to progress towards employment. It is particularly focused on early intervention, with all those receiving unemployment payments for six months being referred FÁS for assessment of the progression path most suited to his or her needs. This early intervention helps prevent the drift into long-term unemployment. An integral part of the successful implementation of the NEAP is an offer of work or the availability of a programme suited to the particular needs of the individual. Such programmes raise the educational or training levels of participants, improving the likelihood of employment and prospects of further advancement. The programmes provided by my Department included the back to work allowance and the back to education allowances.

Facilitators were appointed from 1993 to advise and encourage those on social security payments such as unemployed people and lone parents to progress to employment or education/training through the wide range of active labour market programmes available. They also seek out job opportunities, work/skills outlets and other self-development opportunities. Facilitators work closely with FÁS and the education authorities at local level to secure an appropriate outcome for disadvantaged individuals.

It is important that social security programmes are developed in ways that are effective in meeting the needs of the unemployed and other disadvantaged people. Reviews of the back to work and the back to education allowances have shown that the programmes are relatively successful in meeting their objectives. However, the schemes will continue to be monitored and reviewed to ensure that they help recipients avoid long term dependency on social welfare payments and also that they are structured in a way that reflects changing circumstances and aspirations.

Dan Boyle

Ceist:

15 Mr. Boyle asked the Minister for Social and Family Affairs if he will report on work that has been undertaken between his Department, the Department of Communications, Marine and Natural Resources and the management of An Post to ensure that the necessary technology is made available in every post office in the country to allow for the automated processing of social welfare payments. [37121/05]

The Government is committed to maintaining a viable network of post offices throughout the country. The development and installation of any new technology which An Post might make available in post offices is a commercial matter for the company and that of my colleague, the Minister for Communications, Marine and Natural Resources, who is the Minister responsible for An Post. I have no role or function in this regard.

In 1992 my Department and An Post entered into a five-year contract for the delivery of social welfare payments. This contract was renewed in 1997 for a further three years to the end of 1999. The Government's decision in 1999 to extend my Department's contractual arrangements with An Post gave rise to a procurement complaint being lodged with the European Commission in 2000. The complaint was subsequently referred to the European Court of Justice by the European Commission. An oral hearing of the European Court of Justice case is expected to take place in 2006. An undertaking given to the European Commission precludes my Department from entering into any arrangement with An Post which would alter the terms of the current payment delivery service.

In the interim, the current arrangements which exist between my Department and An Post for the delivery of social welfare payments will continue. A very good working relationship exists between my Department and An Post and officials from both sides meet on a regular basis to discuss operational and management issues relating to the delivery of social welfare payments.

Currently, 56% of customers receive payment through their local post office, 10% are paid by cheque through the postal system and 34% have chosen to be paid electronically by direct payment to their bank or building society account.

In 2004 over 39 million payments were issued through post offices at a cost of €48.6 million. At present 777,000 customers on long-term schemes are paid by means of a book of personalised payable orders which are encashable each week at a post office designated by the customer. Another 312,000 child benefit customers also receive their payment by personalised payable order books on a monthly basis at post offices. A further 133,000 customers, mainly on unemployment schemes, are paid by means of an electronic or manual postdraft which is issued to the customer's designated post office each week. My objective is to ensure that a wide choice of payment options is available to customers and that service is continually improved by providing access to an increasing range of payment services.

It is also Government policy to facilitate the greater use of electronic payment systems in the economy in the interests of developing a world class payments environment in Ireland. In this context, I have initiated a strategic review of my Department's payment requirements with the aim of identifying a payment solution for the future which will be flexible, cost-effective, customer focused, manageable and accountable. The study, which is ongoing, will take account of current market offerings in the financial services sector and advances in card-based technologies with a view to seeing how future needs might best be met.

An Post and my Department have been partners in the delivery of social welfare payments since the foundation of the State. I am confident that An Post and the other networks of post offices will continue to play a role in the delivery of social welfare payments in the future. I am aware that An Post is conscious of the need to introduce modern payment systems. My expectation is that An Post will respond to developments and product innovation in the money transmission market so that it can maintain its position as a leading player in this area of commercial activity.

Anti-Poverty Strategy.

Enda Kenny

Ceist:

16 Mr. Kenny asked the Minister for Social and Family Affairs the position regarding the national anti-poverty strategy; and if he will make a statement on the matter. [37247/05]

Pat Breen

Ceist:

35 Mr. P. Breen asked the Minister for Social and Family Affairs the social issues which lead to dependence on welfare; the action he is taking, or intends to take, to address these issues; and if he will make a statement on the matter. [37266/05]

I propose to take Questions Nos. 16 and 35 together.

The causes of poverty and its effects are multi-faceted and require an integrated, multi-policy response for application at national, regional and local levels. The Government's strategic approach to tackling poverty was initially provided through the national anti-poverty strategy, NAPS, which was introduced in 1997. This strategy has now been subsumed into the National Action Plan against Poverty and Social Exclusion, NAP-inclusion. Ireland has produced two NAP-inclusion covering the periods 2001-03 and 2003-05 respectively, as part of the EU open method of co-ordination aimed at making "a decisive impact on poverty" by 2010. The third NAP-inclusion, to cover the period 2006-08, is scheduled to be introduced in September next year.

The current NAP-inclusion contains a series of commitments across the relevant policy areas accompanied, where appropriate, by targets, including targets to increase participation in employment, to improve levels of educational attainment, to improve access to services and good quality housing. A recent review of implementation of the NAP-inclusion has shown that some 51 of its 58 targets and commitments had either been met or were in the process of being met.

As Minister for Social and Family Affairs, I have lead responsibility for driving this process, working closely with my ministerial colleagues through the Cabinet Committee on Social Inclusion. The Office for Social Inclusion, OSI, in my Department co-ordinates the process at official level through ongoing liaison with individual Departments, its own management group of Assistant Secretaries, the senior officials group on social inclusion, chaired by the Department of the Taoiseach, and the social inclusion consultative group, composed of representatives of the social partners and the community and voluntary sector.

To prepare for the third plan, OSI is currently engaged in a process of consultation with all relevant stakeholders — those who are experiencing poverty and social exclusion and those who work to support them either directly or indirectly. Initially written submissions from interested parties were invited and a total of 76 submissions have been received.

Over the last two weeks, a series of direct regional consultations have taken place in Dublin, Carlow, Cork, Limerick, Mullingar, Carrick-on-Shannon and Donegal. These public consultations provide those who attend with an opportunity to contribute their views and experiences. This consultation process will culminate with the Social Inclusion Forum, which is to be held in Dublin in early 2006.

This Government remains strongly committed to tackling poverty. One way of ameliorating the effects of poverty is through welfare payments and without such payments the ‘at risk of poverty rate' would be about 17.5% higher. The Government's track record in this regard is a clear testimony to our continued commitment to tackling poverty. In my own area of social welfare, spending has more than doubled from €5.7 billion in 1997 to €12.25 billion in 2005, providing very significant real increases in payments during this period. As a result, in the period 2001 to 2005, the lowest social welfare rates increased by 40% while the consumer price index increased by just over 13%. Child benefit rates increased by 65% over the same period, while from 2002 to 2005, pensioners received increases of €44.71 per week.

In drawing attention to these increases, I am not complacent about the current situation. Much more remains to be done to tackle the problems of poverty and exclusion experienced by persons in the most vulnerable groups and areas. Our work must continue. I am determined, therefore, through vigorous implementation and development of the strategic process, in full consultation with all the stakeholders at national, regional and local levels, to continue to build and improve on our achievements so far. I am also examining specific targeted measures that could be introduced to address areas of particular concern such as child poverty and pensioner poverty.

Social Welfare Benefits.

Dan Boyle

Ceist:

17 Mr. Boyle asked the Minister for Social and Family Affairs if under the proposed new family friendly payment, lone parents will be required to seek employment to benefit from the entitlement. [37122/05]

Pat Rabbitte

Ceist:

18 Mr. Rabbitte asked the Minister for Social and Family Affairs the situation with regard to his proposals for the reform of the one parent family payment system, particularly with a view to making it easier for lone parents to enter or re-enter the workforce; when he intends to bring forward formal proposals in this regard; and if he will make a statement on the matter. [37205/05]

Michael D. Higgins

Ceist:

84 Mr. M. Higgins asked the Minister for Social and Family Affairs if it is intended to discontinue the current one parent family payment in its present form; his proposals to replace same; and if he will make a statement on the matter. [37206/05]

John Deasy

Ceist:

91 Mr. Deasy asked the Minister for Social and Family Affairs the way in which he intends to remove the obstacles to employment, education and training for lone parents and the unemployed as part of the social reforms his Department is due to introduce; and if he will make a statement on the matter. [37275/05]

I propose to take Questions Nos. 17, 18, 84 and 91 together.

The Government acknowledges that the risk of poverty tends to be higher among one parent families, larger families and those faced by long-term unemployment, due mainly to the direct costs of rearing children, including child care costs, and the opportunity costs related to the reduced earning capacity of parents, arising from their care responsibilities. This applies particularly to one parent families as the lone parent has to be the main breadwinner and carer at the same time.

It is generally accepted that for all people in working age households, the main route out of poverty is through employment. The national employment action plan is my Department's principal intervention measure to support and encourage unemployed people to progress towards employment. It is particularly focused on early intervention, with all those receiving unemployment payments for six months being referred to the national employment service, FÁS, for assessment of the progression path most suited to their needs. This early intervention helps prevent the drift into long-term unemployment. lone parents are not covered by the national employment action plan.

Employment participation among lone parents in this country is among the lowest in the OECD. This is despite the huge employment growth in recent years, increased female participation in the workforce and the income disregards afforded to lone parents who take up employment under my Department's one parent family payment.

Entitlement to payments under the current scheme is also contingent on the claimant not co-habiting with another adult. However, I am aware that reluctance on the part of some parents to forego the income security provided by the one parent family payment may act as a disincentive to the formation of partnerships and ultimately marriage for recipients. In addition, as one of the qualifying conditions for payment states that a parent must be the main carer of the child, I am also aware that the scheme as it currently operates may not sufficiently facilitate or promote joint parenting.

One of the key tasks in the Ending Child Poverty initiative under Sustaining Progress is to address obstacles to employment for lone parents. The senior officials group on social inclusion was mandated late last year to examine this issue and report back to the Cabinet Committee on Social Inclusion with specific proposals. A sub-group of the senior officials group has been examining obstacles to employment for lone parent families, with particular emphasis on income supports, employment, education, child care and support programmes and information.

We must also look closely at income supports and at how we can adjust those supports to better address the social problems that can arise for those who receive these payments. In this regard, a working group established in my Department to review the income support arrangements for lone parents, has looked at issues including the contingency basis of the one parent family payment, cohabitation, maintenance and secondary benefits. A consultation process with social partners and other interested parties was also undertaken to inform the work of the group. The Cabinet Committee on Social Inclusion has been updated on the progress of both working groups and I will be bringing the final reports to Cabinet shortly.

It is my intention that the outcome of these reviews, together with initiatives already in place in my Department, will contribute to the ongoing development of proposals designed to better support and encourage both lone parents and those seeking work in achieving a better standard of living, employment and education opportunities, a better future for themselves and their children, and a more appropriate social policy in the future. The reforms that I am examining have at their core the ambition of improved opportunities and not short term revenue savings.

Pension Provisions.

Trevor Sargent

Ceist:

19 Mr. Sargent asked the Minister for Social and Family Affairs the position regarding the European Commission’s new proposed portability of pensions directive; and if he will make a statement on the matter. [37132/05]

The EU Commission has recently published the Proposal for a Directive on Improving the Portability of Supplementary Pension Rights, commonly referred to as the pension portability directive. The purpose of the directive is to facilitate free movement of workers within and between EU member states by removing obstacles to mobility within and between member states which may be caused by present supplementary pension scheme provisions.

The draft directive covers second pillar pension plans. It does not include statutory or mandatory employer plans that are already covered under EC Regulation 1408/71 on social security schemes for workers. My Department has primary responsibility for negotiating and transposing the requirements of the directive.

The EU Commission says there is empirical evidence that mobile workers risk ending their careers with lower supplementary pension rights than employees who remain with the same employer during their entire career; and that workers will be less inclined to move to another job when they know that their pension rights at the end of their career will be reduced. With the prospect of increasing numbers of employees covered by supplementary pension provision the Commission consider that this problem is likely to continue to increase.

The perceived obstacles to mobility relate to the conditions of acquisition of occupational pension rights, the preservation of dormant pension rights, the transferability of acquired occupational pension rights and provision of information to employees on their pension rights.

Ireland is already compliant with many of the requirements of the directive. For example, the Pensions Act already provides for transferability of pension rights, preservation of rights for those who leave the scheme and revaluation of those accrued rights. These conditions apply whether the person is moving within the State or, subject to Revenue law, within the EU member states. However, there are some additional conditions which will impact on costs for schemes. For example, the directive specifies a minimum waiting period of one year for access to a scheme. Under current legislation, there are no legal maximum waiting periods. This requirement may result in employers having to fund for higher benefits and possibly higher administration costs for these schemes. In relation to public sector schemes, a number of issues arise mainly because transfers are generally restricted to the public sector network and, within that network, transfers relate to service rather than the transfer of a capital sum.

At EU level, discussions at the social questions group have just commenced. Ireland raised these and other issues during the course of recent negotiations at the group under the UK Presidency. Most member states have raised issues with the directive and these will all need to be discussed in detail in the group. The next meeting is scheduled for mid-January 2006 under the Austrian Presidency.

Social Welfare Benefits.

Martin Ferris

Ceist:

20 Mr. Ferris asked the Minister for Social and Family Affairs the progress which has been made on a European wide pensioners free travel pass. [37303/05]

Emmet Stagg

Ceist:

46 Mr. Stagg asked the Minister for Social and Family Affairs if free travel will be granted to Irish citizens of pensionable age living in Britain; and if he will make a statement on the matter. [37008/05]

Joe Costello

Ceist:

47 Mr. Costello asked the Minister for Social and Family Affairs the progress to date in 2005 with regard to his consideration of the logistics of allowing Irish senior citizens in Britain to have access to free travel when they return on visits here; if he is close to finalising details for such a proposal; the timeframe for its introduction; and if he will make a statement on the matter. [37201/05]

I propose to take Questions Nos. 20, 46 and 47 together.

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. While 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, I have continued to explore all options with a view to making progress.

With regard to the introduction of a European wide travel pass, as far as I am aware, there are no proposals being worked on at EU level in relation to a common travel framework. Any such proposals would have significant financial and administrative implications and, in the light of the variety of arrangements which currently apply, there would be major practical problems in implementing arrangements of this kind.

The issue of a senior euro pass card, which would entitle older people to concessions on various services including travel, cultural and social activities, was raised in a report commissioned by the EU Commission some years ago but no proposals in this regard were brought forward subsequently.

Question No. 21 answered with QuestionNo. 7.

Social Welfare Code.

Tom Hayes

Ceist:

22 Mr. Hayes asked the Minister for Social and Family Affairs if he has made changes to the habitual residency condition; if he will outline the changes; and if he will make a statement on the matter. [37284/05]

Phil Hogan

Ceist:

23 Mr. Hogan asked the Minister for Social and Family Affairs if the review of the habitual residency condition has been finished; if he has received a copy of the review; if he will publish same; and if he will make a statement on the matter. [37285/05]

Jimmy Deenihan

Ceist:

90 Mr. Deenihan asked the Minister for Social and Family Affairs if his Department is on target to complete the review of the habitual residence condition by the end of 2005; and if he will make a statement on the matter. [37277/05]

Jimmy Deenihan

Ceist:

99 Mr. Deenihan asked the Minister for Social and Family Affairs his views on abolishing the habitual residence condition; and if he will make a statement on the matter. [37278/05]

I propose to take Questions Nos. 22, 23, 90 and 99 together.

The requirement to be habitually resident in Ireland was introduced as a qualifying condition for certain social assistance schemes and child benefit with effect from 1 May 2004. The basis for the restriction contained in the rules is the applicant's habitual residence. The effect is that a person whose habitual residence is elsewhere is not paid certain social welfare payments on arrival in Ireland. The question of what is a person's "habitual residence" is decided in accordance with European Court of Justice case law, which sets out the grounds for assessing individual claims.

Each case received for a determination on the habitual residence condition is dealt with in its own right and a decision is based on application of guidelines to the particular individual circumstances of each case. Any applicant who disagrees with the decision of a deciding officer has the right to appeal to the social welfare appeals office.

The habitual residence condition is being operated in a careful manner to ensure that Ireland's social welfare system is protected, while at the same time ensuring that people whose cases are appropriate to the system have access to it when they need it.

From 5 May 2005, the one parent family payment and orphan's non-contributory pension schemes were classified as family benefits under EU law — Regulations 1408/71. In effect this means that the habitual residence condition is no longer applied to claims for these schemes made by EEA workers who are employed or self-employed in the State and subject to Irish PRSI.

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

Account is being taken of the views received from various groups and organisations which have an interest in the area. I have no plans to abolish the habitual residence condition at this time.

Departmental Co-Operation.

Dan Neville

Ceist:

24 Mr. Neville asked the Minister for Social and Family Affairs the cross-departmental co-operation between his Department and the Department of Justice, Equality and Law Reform; and if he will make a statement on the matter. [37262/05]

Gerard Murphy

Ceist:

29 Mr. G. Murphy asked the Minister for Social and Family Affairs the cross-departmental co-operation between his Department and the Department of the Taoiseach; and if he will make a statement on the matter. [37258/05]

Denis Naughten

Ceist:

37 Mr. Naughten asked the Minister for Social and Family Affairs the cross-departmental co-operation between his Department and the Department of Finance; and if he will make a statement on the matter. [37260/05]

Olivia Mitchell

Ceist:

45 Ms O. Mitchell asked the Minister for Social and Family Affairs the cross-departmental co-operation between his Department and the Department of Environment, Heritage and Local Government; and if he will make a statement on the matter. [37257/05]

Denis Naughten

Ceist:

55 Mr. Naughten asked the Minister for Social and Family Affairs the cross-departmental co-operation between his Department and the Department of Community, Rural and Gaeltacht Affairs; and if he will make a statement on the matter. [37261/05]

Gerard Murphy

Ceist:

57 Mr. G. Murphy asked the Minister for Social and Family Affairs he cross-departmental co-operation between his Department and the Department of Enterprise, Trade and Employment; and if he will make a statement on the matter. [37259/05]

Gay Mitchell

Ceist:

68 Mr. G. Mitchell asked the Minister for Social and Family Affairs the cross-departmental co-operation between his Department and the Department of Health and Children; and if he will make a statement on the matter. [37255/05]

Olivia Mitchell

Ceist:

94 Ms O. Mitchell asked the Minister for Social and Family Affairs the cross-departmental co-operation between his Department and the Department of Education and Science; and if he will make a statement on the matter. [37256/05]

I propose to take Questions Nos. 24, 29, 37, 45, 55, 57, 68 and 94 together.

Effective cross-departmental co-operation is necessary for the achievement of many of the goals, objectives and strategies identified in my Department's Statement of Strategy 2005-2007, Security with Opportunity. In some cases, such as the national anti-poverty strategy or the REACH project, my Department has the central co-ordinating role. In other cases, my Department co-operates with other Departments to ensure that overall cross-departmental policies such as the employment action plan or the national children's strategy are delivered.

A comprehensive list of cross-departmental areas in which my Department is involved is contained in the Department's Statement of Strategy 2005-2007, which was circulated to Deputies in August 2005. Details of some of the key areas of involvement are as follows: National Anti Poverty Strategy: The Office for Social Inclusion, OSI, which is based in my Department, has overall responsibility for co-ordinating and driving implementation of the national action plan against poverty and social exclusion, NAP/inclusion. The plan details the Government's strategic approach to tackling poverty and exclusion and builds on the original national anti-poverty strategy, which was introduced in 1997. It includes a large number of targets and commitments across a range of areas of Government policies. The office, in its role of co-ordinating the NAP/inclusion process, maintains regular contact with relevant Departments in order to ensure an integrated ‘joined up' approach to tackling poverty and exclusion. The office also monitors progress in relation to the targets contained in the plan and seeks to identify areas where further action is required. The work of the office is overseen by a management group of Assistant Secretaries drawn from relevant Departments. These Departments are also represented on the senior officials group on social inclusion which maintains a broad overview of social inclusion issues and prepares the agenda of the Cabinet Committee on Social Inclusion, chaired by the Taoiseach. More regular contacts between the OSI and Departments are managed through a network of social inclusion liaison officers who are located in all relevant Departments. The office provides supports to these officers in monitoring implementation of the NAP/inclusion in their individual Departments.

My Department liaises with the Department of Enterprise, Trade and Employment in a number of areas and through various fora. These include Ireland's participation in the European employment strategy, which is co-ordinated by the Department of Enterprise, Trade and Employment. Under this initiative, the national employment action plan, NEAP, is administered. This is my Department's principal intervention measure to support and encourage unemployed people to progress towards employment. Under this process, unemployment payment recipients are referred to FÁS for assessment as to the progression path most suited to their individual needs.

Review of obstacles to employment faced by lone parents: Addressing the obstacles to employment faced by lone parents is one of the key tasks in the Ending Child Poverty initiatives under Sustaining Progress. A subgroup of the senior officials group on social inclusion has been examining this issue. The subgroup is chaired by the Department of the Taoiseach and includes representatives from my Department. My Department also provides the secretariat for this group.

My Department also has regular liaison with the Department of Education and Science regarding the back to education allowance and with the Department of Community, Rural and Gaeltacht Affairs in relation to the rural social scheme. At regional and local level, officials of my Department are involved in the RAPID programme and on county development boards.

My Department is represented on a number of interdepartmental working groups in relation to the implementation of new rental assistance arrangements agreed by Government in July 2004. These include a project steering group, comprising representatives of my Department, the Department of the Environment, Heritage and Local Government and the Department of Finance and local authority managers, to lead the project and a national advisory group, including representatives of my Department, the Department of the Environment, Heritage and Local Government, the housing unit, local authorities, the social partners, including SIPTU and IMPACT, landlord and tenant bodies and voluntary-co-operative groups, to provide input to the steering group. A project implementation group is also in place, with overall responsibility for general implementation and co-ordination of activities countrywide. This group meets on a monthly basis. The group comprises of the local authority project managers and representatives from my Department and the Department of the Environment, Heritage and Local Government.

My Department also participates in the cross-departmental team on homelessness and the Housing Forum. Both of these are chaired by the Department of the Environment, Heritage and Local Government.

My Department is committed to work with the Department of Health and Children, via the National Children's Office, to develop the national longitudinal study of children in Ireland. This study is the most significant of its kind to be undertaken in Ireland. It is anticipated that 10,000 children from birth and 8,000 children aged nine will be recruited to participate in the study. The aim of the study is to examine the factors which contribute to, or undermine, the well-being of children in contemporary Irish families and, through this, contribute to the setting of effective and responsive policies relating to children and to the design of services for children and their families. My Department is co-funding this study with the Department of Health and Children and the project team, which will provide operational oversight of the project, includes officials from both Departments.

My Department is also working closely with the Department of Health and Children in the area of long-term care. I have mentioned in the House before that a long-term care working group, chaired by the Department of the Taoiseach and comprising senior officials from the Departments of Finance, Health and Children and my Department, is due to report to the Tánaiste and to me shortly. The objective of this group is to identify the policy options for a financially sustainable system of long-term care, taking account of the Mercer report, the views of the consultation that was undertaken on that report and the Review of the Nursing Home Subvention Scheme.

A cross-departmental agency under the aegis of my Department was established by the Government in 1999 to build or procure the public services broker, a single multi-channel gateway to Government, and to develop a framework for the integration of public services.

My Department is also taking a lead role on the interdepartmental steering group for the development of the Standard Authentication Framework Environment, SAFE. This programme of work will further build on public services identity services to provide the basis for a consistent set of registration and authentication services for customer interaction with public services. The output of this programme will, inter alia, form the basis for the delivery of on-line services by the forthcoming public service broker being developed by the Reach agency.

On a day-to-day level, there is considerable co-operation regarding the use of the PPS number. For example, my Department receives all life event data automatically from the General Register Office in the Department of Health and Children, and co-operates with a number of Departments in relation to the validation of PPS numbers.

My Department is involved in a number of cross-departmental initiatives related to people with disabilities. Prior to the enactment of the Disability Act 2005, a senior officials group, chaired by the Department of the Taoiseach, was convened. This oversaw the preparation of the national disability strategy and reported to the Cabinet Committee on Social Inclusion, CCSI. This group has been reconvened to monitor progress on implementation of the strategy, the Disability Act and Comhairle (Amendment) Bill and accordingly reports to the CCSI. My Department is represented on the group which also includes representation from the Departments of the Taoiseach, Education and Science, Enterprise Trade and Employment, Health and Children, the Environment, Heritage and Local Government, Transport, Communications, Marine and Natural Resources and Justice, Equality and Law Reform.

My Department also participates in the inter-departmental working group on the feasibility of costs of disability payment and in an interdepartmental committee which is examining the issues arising on the future delivery of training, work and employment services for people with disabilities. Both of these are chaired by the Department of Health and Children. Treatment Benefits: A management review group involving my Department, the Department of Health and Children, the Department of Finance, health services management including principal dental surgeons, the Primary Care Reimbursement Services, GMS, and the HSEA also exists. The group is facilitating conjoint probity work between the two Departments.

My Department is also represented on the national framework committee for work-life balance policies. Chaired by the Department of Enterprise, Trade and Employment, this group, established under the Programme for Prosperity and Fairness and continued under Sustaining Progress, is charged with supporting and facilitating the development of work-life balance policies at the level of the enterprise through the development of a package of practical measures.

My Department is represented on a High Level Group on Travellers which is chaired by the Department of Justice, Equality and Law Reform. The group's remit is to ensure that the relevant statutory agencies involved in providing the full range of services to travellers focus on the integrated practical delivery of such services. The Department is also involved in a number of local initiatives concerning services for Travellers.

My Department has also participated in the examination by Justice, Equality and Law Reform of the draft UN Convention on the Rights of Persons with Disabilities.

My Department works closely with the Department of Finance in progressing a range of reviews under the expenditure review initiative, ERI. The ERI was launched in 1997 to provide a systematic analysis of what is being achieved by expenditure in each programme, a basis on which informed decisions can be made on priorities within and between expenditure programmes and a systematic and evidence based approach to policy making. My Department is currently engaged in a review of the supplementary welfare allowance, SWA, scheme and in the review of the application of the conditions of the unemployment benefit and unemployment assistance schemes, UB-UA, to workers who are not employed on a full-time basis. In addition to representatives from the relevant areas within my own Department and from the Department of Finance, the Health Service Executive and the Department of Environment, Heritage and Local Government are represented on the review of the SWA scheme and the Department of Enterprise Trade and Employment is represented on the UB-UA review.

The Department operates within the wider, unified Civil Service environment and has ongoing contact with the Department of the Taoiseach and the Department of Finance in relation to a range of issues. These include, inter alia, the administrative budget, Estimates and budget processes, staffing numbers, and industrial relations and the modernisation agenda.

Question No. 25 answered with QuestionNo. 13.

Social Welfare Benefits.

Phil Hogan

Ceist:

26 Mr. Hogan asked the Minister for Social and Family Affairs when revised regulations will be introduced in relation to the diet supplement; and if he will make a statement on the matter. [37243/05]

Pádraic McCormack

Ceist:

34 Mr. McCormack asked the Minister for Social and Family Affairs the delay in introducing the new arrangements for the diet supplement; and if he will make a statement on the matter. [37249/05]

Pádraic McCormack

Ceist:

79 Mr. McCormack asked the Minister for Social and Family Affairs when the new arrangements for the diet supplement will be introduced; and if he will make a statement on the matter. [37248/05]

I propose to take Questions Nos. 26, 34 and 79 together.

Diet supplements are provided through the supplementary welfare allowance scheme which is administered on my behalf by the community welfare division of the Health Service Executive. Any person who is receiving a social welfare or health service executive payment, who has been prescribed a special diet as a result of a specified medical condition and who is unable to provide for his or her food needs from within his or her own resources, may qualify for a diet supplement under the supplementary welfare allowance scheme.

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

With effect from 1 January 2004 the diet supplement scheme was restructured to take account of increases in both social welfare payment rates and the rate of food inflation. In the case of new applicants for diet supplement the amount of supplement payable is based on increased up-to-date diet costs, €44 for lower cost diets or €57 for higher cost diets, less one third of the applicant's income or one sixth of the joint income in the case of a couple.

As increases in the social welfare payment rates were higher than food price inflation since 1996, the shortfall to be met by the diet supplement is less than it was in the past. However, as a special arrangement, people who were in receipt of a diet supplement prior to the introduction of the revised regulations on 1 January 2004 continue to receive their existing rate of supplement until such time as there is a change in their circumstances that would warrant a review of their cases. Pending any further changes, similar arrangements continue to apply this year for existing and new cases, taking account of 2005 rates of social welfare payments.

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

The findings of this research study have been assessed by my Department to determine how the diet supplement scheme should be enhanced to best effect. Development of a new scheme is complex, as the expert advice is that certain diet conditions covered under the existing scheme should be adjusted quite significantly in the light of the latest medical thinking on nutrition. The institute also investigated the costs of its recommended special diets and compared those with the cost of a normal healthy eating diet, to advise me on the scale of supplements that might be needed. The Irish Nutrition and Dietetic Institute, which carried out the original study, will be formally presenting its report to me shortly.

In finalising a revised scheme and regulations, I want to make sure that any new supplement coverage and payment rates put in place continue to enable people on low incomes to meet the identified extra cost of medically recommended special diets if they need them. In the meantime, diet supplements continue to be provided for existing recipients and new applicants heretofore.

Question No. 27 answered with QuestionNo. 7.

Brian O'Shea

Ceist:

28 Mr. O’Shea asked the Minister for Social and Family Affairs his plans announced in an interview with a newspaper (details supplied) of 2 August 2005 for the establishment of a new agency to take over responsibility for the administration and payment of welfare benefits; when the agency will be established; if same will require legislation; and if he will make a statement on the matter. [37217/05]

My Department is pursuing a modernisation programme which aims to build on the quality service it provides at present and to ensure an excellent service is maintained into the future. The establishment of a separate agency to administer and deliver social welfare payments is one of a number of options that are under consideration as part of the public service modernisation programme.

The concept of a separate agency for the delivery of social welfare services is not new. A number of countries such as New Zealand and Australia have followed the route of setting up separate executive agencies to deliver some of its services.

The Deputy will be aware of the Benefits Agency which was set up in the UK as an executive agency within the Department of Social Security. The Benefits Agency was replaced by Jobcentre Plus in April 2002 and it currently operates under the aegis of the Department for Work and Pensions. The administration of state pensions in the UK is the responsibility of the Pension Service, which is also an executive agency of the Department for Work and Pensions.

My Department has been structured on Aireacht-Executive lines since the mid-1980s. The Aireacht is responsible for researching and formulating social welfare policy. It also provides a range of corporate services including personnel and finance.

Social Welfare Services is the executive arm of the Department and is responsible for the administration and management of social welfare schemes and services through a network of local, regional and decentralised offices.

My Department is currently embarking on a significant programme of change under the Government's decentralisation initiative and is extremely conscious of the need to carefully manage change so as to ensure that the service it provides to its customers is not adversely affected.

The proposal for a separate social welfare agency is at the embryonic stage and will need to be examined in detail before consideration could be given to its feasibility. Assessments must be made regarding potential improvements in services and the economies or efficiencies that might accrue from such an approach. Issues such as legal, operational, personnel and industrial relations matters will also have to be addressed.

My Department will have the opportunity of examining the experiences of countries which have already pursued this approach and it will be in a position to take on board the lessons from those countries in order to avoid any difficulties which could arise.

Setting up an executive agency to deliver social welfare services will require a major change and a comprehensive examination of all the issues involved and this will be carried out before detailed proposals drawn up. Overall, I consider there is considerable merit in moving the administration of payments to a stand-alone agency and in allowing the Department to focus more on social policy issues behind the welfare payments.

Question No. 29 answered with QuestionNo. 24.

Migrant Workers.

Arthur Morgan

Ceist:

30 Mr. Morgan asked the Minister for Social and Family Affairs his views on whether the resident condition is a factor in Irish Ferries being able to recruit staff at such low wages and poor conditions. [37300/05]

Seán Crowe

Ceist:

63 Mr. Crowe asked the Minister for Social and Family Affairs if his attention has been drawn to reports that the residence condition is encouraging exploitation of migrant workers who are afraid to risk losing their jobs due to the fact that they will not be eligible for social welfare; and if he will make a statement on the matter. [37298/05]

I propose to take Questions Nos. 30 and 63 together.

I have received representations from a number of organisations including the National Consultative Committee on Racism and Interculturalism, the Migrant Rights Centre of Ireland and the Irish Congress of Trade Unions concerning the exploitation of migrant workers. The position is that migrant workers qualify for social insurance benefits in respect of the unexpired part of their work permits if they satisfy the normal qualifying conditions. The habitual residence condition does not apply in these cases. Migrant workers may also satisfy the habitual residence condition for receipt of social assistance payments and child benefit. I am keeping this matter under review and, if necessary, I will take action to ensure that migrant workers are not exploited because of the habitual residence condition.

I have no evidence to suggest that the habitual residence condition is a factor in the decision of Irish Ferries to make its existing staff redundant and recruit new staff under less favourable wage rates and conditions of employment.

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

The question of a person's habitual residence is decided in accordance with European Court of Justice case law, which sets out the grounds for assessing individual claims. Each case received for a determination on the habitual residence condition is dealt with in its own right and a decision is based on application of the guidelines to the particular individual circumstances of each case. Any applicant who disagrees with the decision of a deciding officer has the right to appeal to the social welfare appeals office. The habitual residence condition is being operated in a careful manner to ensure that Ireland's social welfare system is protected, while ensuring that people whose cases are appropriate to the system have access to it when they need it.

Social Welfare Benefits.

Bernard Allen

Ceist:

31 Mr. Allen asked the Minister for Social and Family Affairs when he expects to reach a decision on an increase in the fuel allowance; his views on whether due to the recent considerable rise in fuel and heating costs the fuel allowance offers sufficient support to householders; and if he will make a statement on the matter. [37264/05]

Seán Crowe

Ceist:

36 Mr. Crowe asked the Minister for Social and Family Affairs if, in view of the massive increases in fuel costs, the fuel allowance is adequate. [37299/05]

Willie Penrose

Ceist:

52 Mr. Penrose asked the Minister for Social and Family Affairs if his attention has been drawn to the severe hardship facing many persons on low incomes due to the massive increase in fuel costs, particularly over the past 12 months; if, in view of the fact that the fuel allowance has not been increased since 2002 and remains at just €9 per week, he will agree to a substantial increase in the allowance particularly in view of the exceptionally cold weather already experienced this winter and the number of reports from the Combat Poverty Agency and other bodies which have found that Ireland has one of the worst records in Europe in terms of persons being able to heat their homes; and if he will make a statement on the matter. [37195/05]

Damien English

Ceist:

74 Mr. English asked the Minister for Social and Family Affairs the number of persons in receipt of the fuel allowance; and if he will make a statement on the matter. [37280/05]

Jerry Cowley

Ceist:

89 Dr. Cowley asked the Minister for Social and Family Affairs if his Department will increase the fuel allowance rates (details supplied); and if he will make a statement on the matter. [37065/05]

Bernard J. Durkan

Ceist:

146 Mr. Durkan asked the Minister for Social and Family Affairs if the fuel allowance will be substantially increased; and if he will make a statement on the matter. [37511/05]

Bernard J. Durkan

Ceist:

147 Mr. Durkan asked the Minister for Social and Family Affairs when the fuel allowance was previously increased; when same is likely to be further increased; and if he will make a statement on the matter. [37512/05]

I propose to take Questions Nos. 31, 36, 52, 74, 89, 146 and 147 together.

Fuel allowances are a supplementary entitlement payable over the winter heating season to eligible people in receipt of pensions and other qualifying social welfare schemes. Some 274,000 people receive this allowance, at an aggregate cost of €85.4 million this year.

In addition to the fuel allowance, over 320,000 pensioner and other households qualify for electricity or gas allowances through the household benefits package, payable towards their heating, light and cooking costs throughout the year, at an overall cost of €109 million in 2005. As currently structured, these allowances are linked to unit energy consumption in order that these people are protected against unit price increases in electricity or gas. There is also a facility available through the supplementary welfare allowance scheme to assist people in certain circumstances who have special heating needs.

Fuel allowances are incorporated in the recipient's weekly social welfare payment and are not intended to meet heating costs in full. The Government's objective is to ensure that the recipient's total weekly income, including the fuel allowance, is sufficient to meet all their income needs, including heating costs. Budget resources have been concentrated on providing significant real increases over and above inflation each year in all primary social welfare pension, benefit and assistance rates. This is a more costly approach than increasing fuel allowances because the increase is paid for the full year and not just for the 29 weeks of the winter heating season. This approach delivers a better outcome for pensioners and others by substantially increasing their income in real terms over the whole year to better assist them in meeting their normal basic living costs, including heating.

I acknowledge that some fuel costs have increased significantly over the past year in particular. However, overall inflation, including fuel price inflation, has amounted to 12.8% since January 2002 when the value of fuel allowance was last increased. Weekly social welfare rates incorporating fuel allowance have increased cumulatively by between 33% and 37% in that period. The household benefits allowances have also been increased fully in line with electricity and gas prices in the period and are payable all year round to assist eligible pensioners, carers and disabled people with their heating costs.

In relation to practical difficulties in heating homes, I believe this is mainly caused by energy inefficiency in the houses arising from inadequate heating systems, draughts and poor insulation. This is typically the situation with older private dwellings, as more modern private and local authority housing is built to regulated standards of energy efficiency. I recognise that someone on a low income has very limited scope to spend money to correct these structural problems.

As a start in addressing this broader issue, my Department is co-operating with the Department of the Environment, Heritage and Local Government, Sustainable Energy Ireland and the Combat Poverty Agency in an action research project to improve heating systems and insulation in pilot selected older private dwellings in Cork and Donegal, and to monitor the outcomes for the households in terms of improved cost efficiency and comfort and health levels. This project is due to commence shortly and should be very informative in formulating future policy on this issue, as well as being of more immediate direct benefit to the pilot households involved.

In relation to income support, I am keeping the adequacy of the overall system, including the fuel allowance scheme, under close review. Increases in basic payment rates or in the rate or duration of the fuel allowance have significant cost implications. For example, an increase in basic rates of €1 per week would cost €52 million per annum. Increasing the fuel allowance by €1 per week — an 11% increase — would cost €8 million per annum. Increasing the duration of the fuel allowance by one week would cost just under €3 million per annum. Given these significant potential extra scheme costs, any increases in fuel allowance rates or duration are matters to be considered in the context of general increases in the forthcoming budget.

Pension Provisions.

Kathleen Lynch

Ceist:

32 Ms Lynch asked the Minister for Social and Family Affairs the number of persons who have taken out PRSAs at the latest date for which figures are available; the overall proportion of the eligible workforce this represents; his plans to review the scheme in view of the low take up rate to date in 2005; and if he will make a statement on the matter. [37210/05]

It is Government policy to encourage people to participate in supplementary pension arrangements so that they can, when they retire, maintain their pre-retirement standard of living. To this end, a range of measures has been introduced in recent years including personal retirement savings accounts, PRSAs, mandatory employer PRSA access where occupational schemes are not available, and an ongoing national pensions awareness campaign.

In terms of overall occupational and private pensions coverage, CSO figures for the first quarter of 2004 indicate that 52.4% of persons in employment have a supplementary pension. Out of a national workforce of some 2 million people, an estimated 900,000 people do not have a supplementary pension to increase their incomes in retirement.

The key target group for Government action in the supplementary pensions area is those who are 30 years of age and over. The national pensions policy initiative suggested that up to 70% of this group will need to supplement their social welfare pension to maintain living standards in retirement. The most recent CSO figures suggest that 59.1% of people in this group have supplementary coverage.

There is no doubt that progress in relation to pensions coverage is being made as, in recent years, there has been a steady increase in the number of people taking out PRSAs and in those participating in occupational schemes. The most recent figures from the Pensions Board show that 59,251 PRSAs had been taken out up to the end of September 2005. However, overall pensions coverage is increasing at a lower rate than is desirable. The reasons for this are many and varied and include, for instance, issues of affordability and the fact that many people consider they are too young to consider pension provision.

As the Deputy is aware, in February of this year, because of slow progress on our pensions targets, I asked the Pensions Board to conduct a review of our overall pensions strategy. I received its report on 7 November.

The review encompasses an examination of the main strategic recommendations contained in the national pensions policy initiative including those relating to the adequacy of income in retirement, coverage targets, levels of social welfare pensions, sustainability of State pensions including public sector pensions, and the tax support for supplementary pensions. The review also examines the question of alternative ways of addressing pensions adequacy and coverage issues.

The review has been submitted to the Cabinet for consideration. The report is a large and complex document that will need to be fully studied by my colleagues. When this has been finalised, arrangements for publicising the report will be decided on. I hope the report will engender a national debate on the future direction of our pensions system.

Educational Disadvantage.

Dinny McGinley

Ceist:

33 Mr. McGinley asked the Minister for Social and Family Affairs if his Department has a formal arrangement with the Department of Education and Science in relation to tackling educational disadvantage; and if he will make a statement on the matter. [37250/05]

Dinny McGinley

Ceist:

58 Mr. McGinley asked the Minister for Social and Family Affairs the efforts his Department has taken to tackle educational disadvantage; if these efforts were carried out in conjunction with the Department of Education and Science; and if he will make a statement on the matter. [37251/05]

I propose to take Questions Nos. 33 and 58 together.

My Department's back to education allowance is a second chance education opportunities scheme designed to encourage and facilitate people on certain social welfare payments to improve their skills and qualifications and, therefore, their prospects of returning to the active work force.

There are no specific formal arrangements currently in place between my Department and the Department of Education and Science aimed at tackling education disadvantage. However, the back to education allowance scheme has recently been the subject of a programme expenditure review.

The expenditure review working group includes representatives from the Department of Education and Science. The group examined, among other issues, the qualifying criteria for the scheme, targeting strategy and the future focus and administration of the scheme.

The working group completed the review in September of this year. The implementation phase, which is about to commence, will involve both my Department and the Department of Education and Science progressing the review's recommendations around second chance education for social welfare customers.

Question No. 34 answered with QuestionNo. 26.
Question No. 35 answered with QuestionNo. 16.
Question No. 36 answered with QuestionNo. 31.
Question No. 37 answered with QuestionNo. 24.
Question No. 38 answered with QuestionNo. 7.

Computerisation Programme.

Eamon Ryan

Ceist:

39 Mr. Eamon Ryan asked the Minister for Social and Family Affairs if the service delivery modernisation provision of €4.5 million which is included in his Department’s Estimates under the consultancy heading is an ongoing project or if same has an expected completion date. [37130/05]

In July 2000, Government approved proposals by the Department for a service delivery modernisation programme or SDM. The SDM is a multi-annual programme of work involving the introduction of new technology and the replacement of legacy computer systems. It also involves the redesign of back office systems.

The SDM programme is being implemented in a number of self-contained projects spanning several years. Each project has two strands, one focused on developing the ICT system components and the other on implementing a parallel programme of organisational change. The purpose of the organisational change programme is to redesign work processes and organisational structures with a view to implementing modern work practices which, supported by a flexible technical architecture, will allow the Department to respond to change and to deliver a high quality, personalised and integrated service to customers.

The first phase of this programme, which focused on the child benefit scheme, commenced in 2001 and was successfully implemented in November 2002. This phase gained international recognition for its improvements in service delivery. The current phase of the SDM programme commenced on 31 May 2004 and covers the extension of the programme to retirement and old age contributory pension, household benefits-free travel and bereavement grant. The new system will facilitate the proactive initiation of pension claims, make it easier for customers to transact their business with the Department and will provide additional support for staff in carrying out their duties.

The first release of this current phase of the SDM programme went live on 1 October 2005. This involved the implementation of the contribution history object or CHO. The CHO facilitates the electronic consolidation of a customer's full insurance record. This will result in an improvement in customer service as more complete contribution records, on which their entitlement to contributory payment rely, will be more easily accessible.

A provision of €4.5 million has been provided in the Estimates for 2006 to complete the development of the current phase of the SDM programme which is due for full implementation by the end of 2006. The SDM programme is a major undertaking which aims to introduce modern ICT systems and work practices to allow the Department to respond more rapidly to strategic changes and to deliver a high quality service to its customers. I am satisfied that the new system will deliver tangible benefits for customers and will be more efficient in terms of accuracy and time taken to deal with the processing of claims.

Social Welfare Benefits.

Bernard J. Durkan

Ceist:

40 Mr. Durkan asked the Minister for Social and Family Affairs if consideration will be given to the financial needs of younger widows and widowers who do not qualify for free schemes with a view to introducing a hardship clause to facilitate increased payments; and if he will make a statement on the matter. [37223/05]

The household benefits package, which comprises the electricity/gas allowance, telephone allowance and television licence schemes, is generally available to people living permanently in the State, aged 66 years or over, who are in receipt of a social welfare type payment or who satisfy a means test. The package is also available to carers and people with disabilities under the age of 66 who are in receipt of certain welfare type payments. People aged over 70 years of age can qualify regardless of their income or household composition. Widows and widowers aged from 60 to 65 whose late spouses had been in receipt of the household benefits package retain that entitlement to ensure that households do not suffer a loss of entitlements following the death of a spouse. A range of proposals has been made to extend the coverage of the household benefits package. These proposals are kept under review in the context of the objectives of the scheme and budgetary resources.

In general, widows and widowers under 66 years of age do not benefit from the household benefits scheme. Their rates of payment are similar to social welfare beneficiaries in a similar position and, accordingly, it would be difficult to justify specific payments in their case to compensate for the fact that they are not eligible benefits. That said, widows and widowers with dependent children can benefit from the widowed parent grant, introduced in 2000, to provide additional assistance following a bereavement. The grant is currently valued at €2,700 and is paid in addition to the usual after death payments.

Increases in the rates of child benefit are also of benefit to widows and widowers with children. Since 1997, the monthly rates of child benefit have increased significantly; by 271% at the lower rate and 258% at the higher rate, compared with inflation of 30.6%. The current rates of child benefit are €141.60 per month for each of the first and second children and €177.30 per month for the third and subsequent children. Increases in payment supports for widows and widowers have more than covered increases in living costs in recent years. I am continuing to look for opportunities to improve their position and, in this regard, the various provisions for widows and widowers under the social welfare code will be kept under review in the context of the forthcoming budget.

Employment Support Services.

Simon Coveney

Ceist:

41 Mr. Coveney asked the Minister for Social and Family Affairs why, in view of the social policy reform agenda in which his Department is committed to assisting those dependent on social welfare to return to education and employment, the employment support services section of his Department which deals with the back to work allowance and back to education allowance, shows a 1% reduction in estimated costs for 2006; and if he will make a statement on the matter. [37271/05]

My Department assists and encourages the unemployed and other welfare recipients, including lone parents and people with disabilities, to return to work, training or further education through a range of measures. One such measure is the back to work allowance scheme which incentivises and encourages people to return to work by allowing them to retain part of their social welfare payment for a period when they take up employment or self-employment. Another measure is the back to education allowance scheme which provides support to social welfare recipients who need to obtain educational qualifications before re-entering the labour force.

The recently published 2006 abridged Estimates, as is usual, made no provision for changes in eligibility, entitlements or rates of payment for any of the schemes administered by my Department. Improvements across the range of the schemes are being considered at present in the context of next week's budget.

The 1% reduction in the estimated cost of the employment support services of my Department in the 2006 abridged Estimates is due to provision for a decrease of 1,600 in the average number of participants on the back to work allowance scheme partially offset by provision for an increase of 1,100 in the average number of participants on the back to education allowance scheme. The predicted decrease in back to work allowance participants in 2006 reflects the fact that numbers on the scheme have been declining over recent years. The scheme reached its peak in October 2000 when there were 39,343 participants. The number of participants currently stands at 9,244. The 2006 Estimate assumes the participation level will fall further to about 8,500 by the middle of next year. Since its introduction in September 1993 the scheme has assisted over 110,000 people to take up self-employment and employment.

The predicted increase in back to education allowance participants in 2006 reflects the fact that numbers on the scheme have been growing over recent years. Additionally, I significantly relaxed the qualifying rules for the scheme in September of this year. The main changes I made involved reductions in the length of time persons must be in receipt of social welfare payments before qualifying for third level education under the scheme. There were 7,308 back to education participants in the 2004-05 academic year, of which 3,023 were pursuing second level qualifications and 4,285 were pursuing third level qualifications. The 2006 Estimate assumes the participation level will increase to 8,500 by the start of the 2006-07 academic year. Since the scheme was first introduced in 1990 it is estimated that more than 12,000 participants have gained third level qualifications with its support. As I have already said, improvements to these and other schemes administered by my Department are being considered in the context of the forthcoming budget.

Computerisation Programme.

Eamon Ryan

Ceist:

42 Mr. Eamon Ryan asked the Minister for Social and Family Affairs if he will provide a description of the projects that are being funded under the €6.85 million increase in ICT infrastructure spending announced in the 2006 Estimate for his Department. [37129/05]

The increase of €6.85 million to which the Deputy refers is related to an increase in the A5 estimates sub-head in the Abridged Estimates Volume or AEV. This provides for the purchase, rental and maintenance of computer equipment and related items, photocopying equipment, other office machinery, printing, binding and stationery services. The major ICT infrastructure projects planned for my Department are as follows. The desktop upgrade project involves the replacement of all remaining visual display units — VDUs or "dumb terminals" with PCs in all my Department's offices nationwide. The Department will then have a standard, centrally managed, desktop configuration for each staff member. This will provide for easier deployment of modern applications to staff. It will also simplify support and training and more efficient use of network facilities. In order to ensure the business continuity, supports the continued development of business processes and provides for the desktop upgrade referred to, it is necessary to replace the equipment which provides and supports the Department's national communications network. The equipment must support the latest security standards and also cater for situations where different types of network traffic require different types of handling such as voice traffic needing prioritisation so as to ensure good quality when travelling through a busy data network. My Department has a number of nationwide administrative regions and headquarter buildings. IP conferencing facilities provide for collaboration and communication through voice, video and document sharing. It is planned to pilot and deploy conferencing facilities both to the desktop and in conference rooms. My Department must migrate to a LAN telephony solution in order to have in place a more flexible, feature-rich, cost-effective and easier-to-manage telephony environment that converges with the data network. This project will put in place facilities to support mobility of staff. For example, staff will be able to operate out of more than one location, yet still be contactable via extension number. It will enable computer telephony integration on future application such as business object model releases and will lead to reduced call charges by carrying more voice traffic on our data network; and computer storage backup solution: computer storage backup is critical to the continuity of our main production and payment systems. The existing backup solution for my Department's data centre has been in place for some time and is in need of replacement on age and capability grounds. The new backup solution to be put in place will overcome existing shortcomings and provide a solution for the longer term.

Question No. 43 answered with QuestionNo. 10.

Social Welfare Benefits.

Paul Kehoe

Ceist:

44 Mr. Kehoe asked the Minister for Social and Family Affairs his views on paying persons their qualified adult allowance directly; and if he will make a statement on the matter. [37245/05]

Paul Kehoe

Ceist:

54 Mr. Kehoe asked the Minister for Social and Family Affairs if he intends to directly pay persons who are in receipt of a qualified adults allowance; and if he will make a statement on the matter. [37244/05]

I propose to take Questions Nos. 44 and 54 together.

My Department provides for payments due to qualified adults to be paid separately in certain circumstances, for example, in case of domestic difficulty where a spouse might otherwise have no other form of income. Also for certain categories of old age non-contributory pension, where the couple are both aged 66 or over, payment is made individually to each partner.

Over the years various groups and reports have recommended that individualised payments for all qualified adults be progressed within the social welfare codes.

In 2003 The National Women's Council of Ireland produced a report, A Woman's Model for Social Welfare Reform, in which it clearly indicated its desire for a move away from the current qualified adult allowance to a full direct adult payment, and during my meeting with this group in April last it again reiterated its position on this matter.

The question of personal payments was considered by a working group in 1999 which examined the treatment of married, cohabiting and one-parent families under the tax and social welfare codes. A working group chaired by my Department was established in 2002 in response to submissions from the trade unions and the voluntary and social partners in negotiations for the Programme for Prosperity and Fairness. The group's recommendations included proposals for the implementation of a system of personal payments which would involve the payment of the qualified adult allowance directly to a spouse, on a consensual basis, with both parties agreeing to the splitting of the personal and qualified adult rates. The group envisaged a phased implementation of this arrangement.

In October 2002, my Department introduced administrative arrangements to provide an option to have the qualified adult allowance paid directly to the spouse for all new applicants to retirement and old age contributory pension, OACP-RP. These arrangements continue to apply in the case of old age contributory and retirement pensions and to date some 1,101 couples have indicated their preference to have the qualified adult allowance paid directly to the spouse. This represents about 6.75% of approximately 16,300 OACP-RP pensions awarded with a qualified adult allowance since October 2002.

I am aware of the desire of certain sectors of the community to have mandatory personal payments implemented. I am also conscious of the need to take account of the views of our customers regarding this matter. Furthermore, there is a number of administrative and legislative issues that requires further examination before extending or modifying these arrangements. These issues are under active consideration by my Department and I hope to progress the matter in the coming year.

Question No. 45 answered with QuestionNo. 24.
Questions Nos. 46 and 47 answered with Question No. 20.

Family Support Services.

Paul Connaughton

Ceist:

48 Mr. Connaughton asked the Minister for Social and Family Affairs the way in which he intends to assist lone parents to return to education and employment with regard to the high unemployment rates and high levels of welfare dependency of lone parents; the success of these measures; and if he will make a statement on the matter. [37269/05]

My Department assists and encourages lone parents to return to work, training or further education through a range of measures administered by my Department's social and family support service. One significant measure is the back to work allowance scheme which incentivises and encourages people to return to work by allowing them to retain part of their social welfare payment for a period when they take up employment or self-employment. Research has shown that 75% of participants remain in employment or self-employment following participation.

Another measure offered by my Department's social and family support service is the back to education allowance programme which provides support to long-term social welfare recipients who need to obtain educational qualifications before re-entering the labour force. Again, information provided through research has shown that in the case of a control group surveyed, 63% were in employment following participation in the scheme.

In addition, a special projects fund administered by my Department's locally based facilitators provides enhanced support to people who need additional help to progress to further training and employment. The facilitators also operate small-scale family services projects in certain areas, which are designed to focus supports towards specific target groups with complex needs. The provision of this additional support involves individual attention, customised information and enhanced access to services. It can increase the capacity of those in the most difficult circumstances, to improve their self-esteem and personal situations through access to basic education, training and developmental opportunities.

It is hoped that by encouraging customers to participate in self-development programmes and in some instances "taster" educational programmes that they will move on to more formalised training and educational programmes.

The special projects and family services initiatives are based on the application of a partnership approach between my Department, the voluntary and community sector, the private sector and other local players in identifying and addressing local needs in terms of training and development for people dependent on social welfare payments including lone parents. So far this year €1.8 million has been accessed through the special projects fund and €1.6 million from the family services project to support these initiatives.

With regard to employment, lone parents may earn up to €146.50 per week without affecting their payment. Above that level, half of any earnings are assessed, up to a maximum of €293.00 per week. From 6 January 2005 recipients whose earnings have now increased and are in excess of €293.00 per week may be entitled to half of their one-parent family payment for a maximum of 26 weeks, starting immediately after their earnings exceeded €293.00 per week. When the 26 week period expires the payment then ceases.

As I have publicly stated on several occasions, I examining broader social policy reforms that will be directed at the breaking down of existing obstacles to employment, increasing access to career enhancing education and training opportunities and the transforming of lives through targeted supports and more enlightened social policies that put the welfare and the future of the child, or children, at the very centre. Work on these proposals are proceeding and I hope to report on progress in the near future.

Question No. 49 answered with QuestionNo. 10.

Social Welfare Appeals.

Ciarán Cuffe

Ceist:

50 Mr. Cuffe asked the Minister for Social and Family Affairs if an independent social welfare appeals office that is separate to the Department of Social and Family Affairs will be established. [37123/05]

Eamon Gilmore

Ceist:

92 Mr. Gilmore asked the Minister for Social and Family Affairs if his attention has been drawn to the recent report from the Northside Community Law Centre calling for the simplification of the social welfare appeals system to ensure fairness for low income applicants; and if he will make a statement on the matter. [37203/05]

Ciarán Cuffe

Ceist:

93 Mr. Cuffe asked the Minister for Social and Family Affairs if his attention has been drawn to the recent report on the social welfare appeals system commissioned by the Northside Community Law Centre; and if he intends to tackle the barriers faced by persons making appeals as identified in the report. [37124/05]

I propose to take Questions Nos. 50, 92 and 93 together.

I welcome the recent report on the accessibility and fairness of the social welfare appeals system and I commend the Northside Community Law Centre for its role in commissioning it. The centre is funded by my Department and earlier this year I approved substantial additional funding for it so that it can continue its role in delivering a comprehensive and cost-effective legal advice service for our citizens. Every person who is dissatisfied with a decision on a claim to social welfare payment made by a deciding officer of my Department or with certain decisions made by health boards in regard to supplementary welfare allowance has a statutory right to appeal the decision. Their independence was underpinned by the establishment of the social welfare appeals office in 1990, since when it has operated independently of my Department. Appeals officers have always been independent in the exercise of their functions and this has been recognised and commented on by the courts. The appeals office dealt with more than 14,000 appealed decisions in 2004 with over 46% having outcomes favourable to appellants.

When the office was established it was not considered necessary to place it on a statutory footing. Various legislative changes, however were made to enhance the independence of the system. Functions such as receiving appeals, appointing assessors, notifying decisions, referral of cases to the High Court which hitherto had been those of the Minister were transferred to the chief appeals officer. The social welfare appeals system is a quasi-judicial one and the procedures involved are designed to ensure that every appellant's case gets full and fair consideration. The system is accessible and informal which gives it significant advantages in terms of providing the best possible services for social welfare customers.

The report highlights the need for a fair and impartial appeals system for appellants as regards their social welfare entitlements and raises a number of issues in relation to the effectiveness of the current service. However, several of the report's recommendations have already been implemented or are in the process of being implemented, mainly arising from of a major review of the social welfare appeals office which was completed in 2002.

The perception of the independence of the appeals office is a recurring theme in the report. While a minority of respondents expressed concern on this aspect, it is not clear that many of the appellants or agencies regarded it as a priority issue. Among those respondents who were successful in their appeals, some 85% considered the appeal system to be fair and 74% thought it easy to use.

There are a number of positive findings in this report which reflects credit on the appeals office. The voluntary and community organisations surveyed during the study considered that the appeals officers acted in a fair and impartial manner and put people at ease during appeal hearings which for many people could be stressful events. In addition, some 94% of survey respondents felt they had been given an opportunity to put their case and respond to issues raised during their appeal hearing.

While this report makes a positive contribution to the future planning and development of the social welfare appeals system, I am satisfied that the present system is working effectively and is providing a service to a high standard. No further legislative changes are proposed at this time.

Anti-Poverty Strategy.

Seymour Crawford

Ceist:

51 Mr. Crawford asked the Minister for Social and Family Affairs the action he intends to take as a result of his decision to make child poverty a priority for the social reform agenda; and if he will make a statement on the matter. [37273/05]

Richard Bruton

Ceist:

78 Mr. Bruton asked the Minister for Social and Family Affairs the way in which he intends to address the issue of child poverty; and if he will make a statement on the matter. [37268/05]

I propose to take Questions Nos. 51 and 78 together.

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

A strategic process for combating and eventually eliminating child poverty, together with specific measures to meet the objectives of the process, is already in train under the national action plan against poverty and social exclusion and the national children's strategy. Ending Child Poverty is also one of ten special initiatives in Sustaining Progress.

The most significant measure my Department has taken in recent years to support families with children has been the very substantial real increases in child benefit payment rates. Between 1997 and 2005, the rate of child benefit rose from €38.09 per month for the first two children and €49.52 for each child thereafter to €141.60 per month for each of the first two children and to €177.30 per month for the third and each subsequent child. This equates to real increases over the period in excess of 170%. Child benefit is paid to over 540,000 families in respect of approximately 1 million children, at an estimated cost of €1.9 billion in 2005.

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

Most children at risk of poverty live in jobless households, where there is no full-time or part-time employment. The major increase over the past decade in employment, including the increased participation of women in employment, has made a significant contribution to reducing the risk of poverty for children.

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

A subgroup of the senior officials group on social inclusion has been undertaking a detailed examination of obstacles to employment for lone parents. As part of this work, my Department is nearing the completion of a review of income supports which I expect to be finalised in the near future. I expect shortly to receive proposals from the National Economic and Social Council on the structures needed to introduce a second tier of financial supports, in addition to child benefit and other entitlements, aimed specifically at helping those children most in need.

Given the central importance of combating child poverty, the extensive range of policies required and the resources involved, we need to monitor and evaluate the outcomes of the these policies on the development of our children and get the necessary evidence on what works and works well. This process is about to commence with a major national longitudinal study on children. My Department and the Department of Health and Children, through the National Children's Office, are jointly funding this study. The study will be the most significant of its kind to be undertaken here, particularly in terms of the cost, scope and length of study period. It is anticipated that 10,000 children from birth and 8,000 children aged nine will be recruited to participate in the study.

I am confident that, through the measures already being taken and the initiatives being planned, we will make a decisive impact of combating poverty, especially among children, and in ensuring that all the nation's children have a good quality of life and a fair share of life. These policy areas also form key elements of Government actions relating to children and families' chances.

Question No. 52 answered with QuestionNo. 31.

Social Welfare Benefits.

Paul Connaughton

Ceist:

53 Mr. Connaughton asked the Minister for Social and Family Affairs the number of lone parents who are in receipt of the one parent family payment; the number and percentage of OPFP recipients for whom social welfare payments are their sole income; and if he will make a statement on the matter. [37270/05]

John Gormley

Ceist:

65 Mr. Gormley asked the Minister for Social and Family Affairs the number of parents currently in receipt of the one parent family payment. [37127/05]

I propose to take Questions Nos. 53 and 65 together.

The number of one-parent family recipients being paid by my Department at the end of September 2005 is 79,937, the latest date for which figures are available. Included in this figure are 906 widowed persons. It is not possible to get exact statistics on the number of one parent family payment recipients for whom social welfare payments are their sole income. However, previous research in this area would indicate that 60% of one-parent family recipients overall are currently in full or part-time employment. Lone parents are encouraged to maximise their income from different sources and the means test for this scheme makes provision for the exemption of significant levels of earnings and maintenance payments.

With regard to employment, lone parents may earn up to €146.50 per week without affecting their payment. Above that level, half of any earnings are assessed, up to a maximum of €293.00 per week. Lone parents may also be eligible to avail of the full range of employment support services operated by the Department.

Lone parents are also encouraged to pursue the question of maintenance payments with the other parent. This is achieved by ensuring that there is a clear benefit to lone parents and their children arising from any maintenance payments secured. At present up to 50% of maintenance received may be disregarded under the means test and, in addition, allowances are made for up to €95.23 per week of maintenance paid in respect of mortgage or rent.

My Department's records indicate that approximately 9,600 one-parent family payment recipients are in receipt of maintenance from their spouse or the other parent of their children. However, many other recipients could be in receipt of maintenance and still qualify for the maximum rate of one parent family payment as a result of the provision allowing one-parent family payment claimants to retain 50% of any maintenance received.

There is no loss of income incurred by one-parent family payment recipients where the Department has to pursue the issue of maintenance with the non-resident parent. Rather, the provision allowing one-parent family payment claimants to retain 50% of any direct maintenance received was established as an incentive to lone parents to seek agreement with the other parent on the level of maintenance to be paid. While there are no plans at present to change this approach it will be the subject of consideration as part of a review of supports to single parents.

Question No. 54 answered with QuestionNo. 44.
Question No. 55 answered with QuestionNo. 24.

Joan Burton

Ceist:

56 Ms Burton asked the Minister for Social and Family Affairs if his attention has been drawn to recent figures from the EU showing that Ireland spent just 16% of its GDP on social benefits compared to an EU average of 27.7%; his plans to increase social spending towards the EU average; and if he will make a statement on the matter. [37196/05]

EUROSTAT, the statistical office of the EU, publishes comparisons of social protection expenditure as a percentage of GDP across the EU. This encompasses not only social welfare expenditure but also expenditure in other areas such as health care, social housing, employment support programmes and other social inclusion programmes. The latest such statistics were released on 20 October 2005 and deal with developments up to and including 2002. No comparable figures are yet available for 2003 or 2004.

When examining such data it is important to remember that gross expenditure measures do not take account of social charges or taxes which may be levied on benefits after they are paid, nor do they include transfers made by means of tax concessions, as opposed to direct cash payments. For example, tax relief on contributions towards occupational and private pensions, which are an important feature of Ireland's pension system, is not counted as expenditure. The EUROSTAT release draws attention to the fact the EU average masks major national differences in the structure of social protection funding, partly related to differing levels of wealth between countries, and also reflect differences in social protection systems, demographic trends, unemployment rates and other social, institutional and economic factors.

The level of expenditure is also significantly influenced by the age profile of the population. Ireland, currently with the youngest population in the EU, needs to spend less on pensions and health care and care of the elderly than most other member states. In 2002, social protection expenditure accounted for 27.7% of GDP in the EU 25 countries, compared to 27.3% in 2001. The corresponding ratio for Ireland was 16% compared to 15.3% in 2001.

Social protection expenditure as a percentage of GDP is crucially dependent on the pace of economic growth and the level of unemployment. The statistics show that for the EU 15 countries, social protection expenditure relative to GDP had fallen from its maximum share of 28.7% in 1993 until 1999, when it accounted for 27.3%. This was due to renewed GDP growth and slower growth in social protection expenditure, particularly related to unemployment benefits. Ireland's position mirrored that of the EU 15, except that the level of economic growth and the decline in unemployment were much greater in Ireland than in most other EU countries and consequently the drop in the percentage of GDP accounted for by social protection expenditure was greater, from 20.2% in 1993 to 14.7% in 1999.

Under this Government there has been a sustained and substantial increase in social protection expenditure. The EUROSTAT report states that the increase in Ireland's per capita expenditure from 1998 to 2002, 8.7% per annum on average and the highest of all EU countries, in comparison to that of the EU as a whole, 2.5% per annum was “particularly pronounced”. Moreover, it should be noted that social welfare expenditure will have increased substantially during the three-year period 2002 to 2005, an overall increase of 28%, well ahead of the corresponding projected increases in prices and earnings.

As recently announced in the Estimates, overall spending on social welfare will increase next year to a total of €12.49 billion, an increase of over €200 million from the 2005 figure, even before announcements in the 2006 budget are taken into account. This Government will continue to address the scope for further improvements in Ireland's social protection infrastructure, guided by the national anti-poverty strategy, while at the same time continuing to take the measures necessary to maintain economic growth and competitiveness and thereby generate the resources for further social investment.

Question No. 57 answered with QuestionNo. 24.
Question No. 58 answered with QuestionNo. 33.

Community Development.

Breeda Moynihan-Cronin

Ceist:

59 Ms B. Moynihan-Cronin asked the Minister for Social and Family Affairs if he will make a statement on the outcome of his consultations with community and voluntary organisations in advance of budget 2006. [37214/05]

In mid-October, I held a pre-budget forum attended by 31 representative organisations which included various community and voluntary groups. Each of the organisations had the opportunity to present its key priorities for consideration in advance of budget 2006. I thank all those who participated for their contribution to the forum and for the valuable work which they do in their communities.

I have also received written budget submissions from each of the organisations who attended the pre-budget forum and from a number of other community and voluntary organisations around the country. All of the proposals put forward will be considered in the context of the forthcoming budget.

Question No. 60 answered with QuestionNo. 7.

Emigrant Support Services.

Eamon Gilmore

Ceist:

61 Mr. Gilmore asked the Minister for Social and Family Affairs if he will expand on the warning he gave to Irish emigrants in London on 17 November 2005 of the potential costs of returning to live here; if he has satisfied himself that sufficient steps have been taken to alert returning emigrants of such potential costs; and if he will make a statement on the matter. [37202/05]

The role of my Department in the area of supporting Irish emigrants has been built around providing good quality, clear and comprehensive information. It is essential that Irish emigrants, who are considering returning to Ireland to live, have up-to-date information available to them. My Department carries out this function by supporting the various voluntary agencies involved in this work.

Recently my Department funded Emigrant Advice, the main voluntary organisation involved in information provision to emigrants, to publish a comprehensive information guide for returning Irish emigrants. This guide, entitled Returning to Ireland, contains information on a wide range of topics including social welfare, health, pensions, taxation, education and accommodation and sets out clearly the benefits and costs associated with returning to Ireland to live. The information is presented in a way that is tailored to the needs of targeted groups of people, for instance, the elderly coming home to retire, single people returning to Ireland to find work, and the needs of families hoping to start a new life in Ireland.

In partnership with Emigrant Advice and the Department of Foreign Affairs, my Department has ensured that this guide has been widely distributed. Copies have been posted to all our Irish immigrant centres abroad and to all Irish embassies and consulates. It has also been widely distributed to organisations in Ireland such as citizen information centres, FÁS offices, and social welfare local offices.

It is important that returning emigrants realise there are costs as well as benefits involved in deciding to come back to Ireland. On my recent visit to the Irish Centre in Camden Town, London, to launch the guide Returning to Ireland, I highlighted these matters so that people considering returning to live in Ireland can make informed decisions. This advice along with the publication and widespread distribution of comprehensive information such as the Returning to Ireland guide is an important step in insuring that returning emigrants are alerted to all the implications when making their decision to return to Ireland to live.

Social Insurance.

Joan Burton

Ceist:

62 Ms Burton asked the Minister for Social and Family Affairs the number of exemptions from payment of social insurance employment contributions, for a period not exceeding 52 weeks, granted in respect of the temporary employment of persons not ordinarily resident here in respect of each of the past five years; the number of such applications granted in respect of a company (details supplied); his plans to review this procedure; and if he will make a statement on the matter. [37216/05]

Since 2000, a total of 2,486 PRSI exemption certificates have been granted in respect of the temporary employment of persons not ordinarily resident in this country. Of that total, 1,504 certificates were granted to the company in question. An annual breakdown of those certificates follows at Appendix 1.

Appendix 1: Exemption Certificate Issued.

Year

Number of Exemptions Issued

Number of issued to Gama

2000

83

0

2001

105

0

2002

290

92

2003

1,048

784

2004

603

347

2005 (to 31/10/05)

357

281

Total

2,486

1,504

PRSI exemptions are issued in accordance with Article 97 of SI 312/1996. The legislation provides for an exemption from PRSI contributions for up to 52 weeks to be granted to employees not ordinarily resident in the State but who are temporarily employed here. The purpose of the legislation is to avoid a situation whereby workers who are sent by their employer to work here temporarily would be subject to social insurance in two countries at the same time. Similar arrangements apply under EU legislation to workers moving within the EU-EEA and to workers covered by bilateral social security agreements with this country.

When a request for an exemption certificate is being processed, a signed declaration is obtained from each employer confirming that the person for whom the exemption certificate is being sought has been retained in the social insurance regime of his or her home country while working in Ireland. That is intended to confirm that the employee is being posted and is covered for social insurance in his or her home country while covered by an exemption certificate.

In randomly selected cases, independent confirmation is sought from the authorities in the employee's home country that social insurance payments have actually been made during the period covered by the exemption certificate. That control complements the employer's declaration that the employee has been retained in insurance cover in his or her own country.

In the case of the company in question, a random sample of exempted cases has been referred to the relevant overseas authorities, via the Department of Foreign Affairs, and confirmation has been received that the employees involved remained attached to their home country's social security regime during the period of the exemption.

Granting of an exemption certificate is also linked to the existence of a valid work permit which confirms that the employee is not ordinarily resident in this State and is entitled to work here.

The needs of the Irish economy have changed significantly since the PRSI exemption legislation was introduced in 1961. There have been changes in working patterns and skill levels, and the enlargement of the European Union has also affected the labour market. Against that background, and having regard to the circumstances of the case in question, my Department is undertaking a review of the policy and legislative provisions and the administrative arrangements for the PRSI exemption scheme. It is my intention to consider any necessary measures for change in the light of the review.

Question No. 63 answered with QuestionNo. 30.

Departmental Estimates.

Breeda Moynihan-Cronin

Ceist:

64 Ms B. Moynihan-Cronin asked the Minister for Social and Family Affairs if he will make a statement on his Department’s Estimates for 2006. [37215/05]

The Estimates for my Department, as set out in the recently published 2006 Abridged Estimates Volume, provide for spending on social welfare totalling €12.49 billion. Those Estimates make no provision for changes in eligibility, entitlements or rates of payment for any of the underlying programmes, which are matters for the forthcoming budget.

Even before announcements in next week's budget are taken into account, the provision of €12.49 billion in 2006 represents an increase of €232 million on the 2005 Estimates. It is also the highest ever commitment to social welfare spending in the history of the State.

The corresponding pre-budget figure for 2005 was €11.4 billion, and that was significantly boosted by the addition of €874 million in a full year in the 2005 budget.

As the Deputy will be aware, the Estimates for my Department in the Abridged Estimates Volume are a framework to which the budget allocations will subsequently be added. They are therefore only the first stage in a two-stage process. The second stage will be completed next week with the announcement of the 2006 budget changes.

Question No. 65 answered with QuestionNo. 53.

Tax and Social Welfare Codes.

Enda Kenny

Ceist:

66 Mr. Kenny asked the Minister for Social and Family Affairs the action he has taken to address the relatively new phenomenon of the working poor; and if he will make a statement on the matter. [37246/05]

The two main methods of measuring poverty in Ireland are the national "consistent poverty" measure based on a relative income threshold of 60% of median income and enforced deprivation of certain items and the EU "at risk of poverty" measure, which is simply based on 60% of median income.

The 2003 EU Survey of Income and Living Conditions, EUSILC, indicates that 3.5% of people at work fell into the consistent poverty category, compared with 9.4% of the population generally. The survey further shows that 9.2% of people in Ireland who were at work were at risk of poverty, compared with 22.7% of the population generally.

It is clear from those figures that being at work significantly reduces the risks of poverty and deprivation. However, despite the economic advances of recent years, some families find themselves dependent on low-wage employment, leading to the phenomenon mentioned by the Deputy, the working poor.

The reduction of poverty is a core objective of this Government. In that regard, accepting and keeping a job is seen as the most important route to escape poverty and to ensure social inclusion.

However it is important to ensure that work "pays", and several policy instruments crossing a range of Government Departments are used as a way of preventing poverty amongst the working poor. Those include changes to the taxation system, the introduction of a national minimum hourly wage, provision of training and access to lifelong learning opportunities, assistance with job search and placement, the introduction of flexible working arrangements and increased access to affordable child care, and changes to the social welfare system to support the transition to employment and improve the retention of non-cash benefits during that transition.

One of the main policy responses in my Department, designed to address the problem of low-income working families, is the family income supplement, FIS, scheme. The scheme provides cash support amounting to a minimum of €20 per week for employees who work a minimum of 19 hours per week, or 38 hours per fortnight. That preserves the incentive to remain in employment in circumstances where the employee might be only marginally better off than if he or she were claiming other social welfare payments.

Budget 2005 increased the FIS earnings thresholds by €39 in respect of each family size. That increase was unprecedented since the introduction of the scheme in 1984 and added €23.40 to the weekly payments of most existing FIS recipients from January 2005. The cost of that measure is estimated at €15.53 million in 2005. Following the increased thresholds, it is estimated that 2,600 additional families became eligible for a FIS payment. The ongoing development of the FIS scheme has resulted in current levels of both applications and claims in payment being at an all-time high. In 2004, there were 21,000 applications, and over 15,000 claims in payment. The current average FIS payment is almost €94.

Effective and adequate support for making work pay will continue to be a major priority for this Government and for me as Minister.

Free Travel Scheme.

Ruairí Quinn

Ceist:

67 Mr. Quinn asked the Minister for Social and Family Affairs if he will provide an update on the introduction of an all-Ireland free travel scheme; the latest discussions he has had on this issue; the reasons for the delay in its implementation; and if he will make a statement on the matter. [37221/05]

The programme for Government contains a commitment to a scheme of all-Ireland free travel for pensioners resident in all parts of the island. The scheme would enable pensioners resident in Ireland to travel free of charge on all bus and rail services in Northern Ireland. Likewise, pensioners in Northern Ireland would travel free of charge on all bus and rail services in this State.

In July 1995, my Department introduced the cross-Border free travel scheme. That scheme extended free travel entitlement so that free travel pass-holders resident in Ireland could undertake a cross-Border journey from a point of departure in one jurisdiction to a destination in the other jurisdiction free of charge.

My Department covers the full cost of cross-Border journeys made by Department of Social and Family Affairs pass-holders. It also covers the cost of the Southern element of cross-Border journeys undertaken by Northern Ireland pass-holders.

Under its own concessionary fares scheme, the Department for Regional Development in Northern Ireland covers the cost of the Northern element of cross-Border bus and rail journeys made by Northern Ireland pass-holders.

Some 220,000 cross-Border journeys are undertaken each year, at a total cost of €2.9 million; my Department pays €2.5 million, and the remaining €0.4 million is covered by the Department for Regional Development in Northern Ireland.

The introduction of an all-Ireland free travel scheme would further extend the existing arrangements by allowing pass-holders to take onward journeys free of change. The cost of an all-Ireland free travel scheme would ultimately depend upon the extent to which pass-holders avail of it.

My predecessor initiated discussions with the then Minister of State at the Department of Regional Development in Northern Ireland in September 2004.

Most recently, the proposed scheme was discussed at the British-Irish intergovernmental conference on 27 June 2005, and I met Mr. Shaun Woodward MP, Parliamentary Undersecretary of State at the Northern Ireland Office, the following week, during which we discussed the introduction of a scheme.

Officials from my Department have regular contacts with their counterparts in the Department for Regional Development in Northern Ireland concerning the operation of the existing cross-Border free travel scheme. Discussions regarding the introduction of the proposed all-Ireland free travel scheme have also taken place.

Since I met Shaun Woodward MP, there have been further discussions between officials from the two sides and two meetings specifically related to the introduction of the proposed scheme have taken place; one in Dublin on 10 August and one in Belfast on 9 September last. I understand that another meeting between my officials and the authorities in Belfast is being scheduled for the next few weeks.

Examination of this proposal to date has highlighted several significant issues that require resolution before a scheme can be introduced. Those include policy, operational, financial and technical matters. My Department is working to progress those matters with relevant parties including the Department for Regional Development in Northern Ireland.

Question No. 68 answered with QuestionNo. 24.

Emigrant Support Services.

John Deasy

Ceist:

69 Mr. Deasy asked the Minister for Social and Family Affairs the role of his Department in supporting Irish emigrant groups; and if he will make a statement on the matter. [37276/05]

The role of my Department in supporting emigrant groups has centred on providing good quality, clear and comprehensive information for Irish citizens wishing to emigrate and those hoping to return to Ireland to live. My Department ensures that appropriate and relevant information for emigrants is available by funding and supporting the various voluntary and community groups and organisations involved in that work.

In carrying out those functions, my Department works closely with the Irish abroad unit of the Department of Foreign Affairs, which has primary responsibility for policy regarding emigrants and their support while abroad.

In Ireland, Emigrant Advice is the main voluntary organisation disseminating information for emigrants. This year, I increased the core funding for this organisation from €100,000 to €150,000. That funding will enable Emigrant Advice to continue its valuable work in providing information and support to emigrants from their drop-in centre in Dublin. It will also enable them to update information publications for emigrants and to maintain their website, at www.emigrantadvice.ie.

In addition to Emigrant Advice, my Department provides grants to other organisations and groups disseminating information to emigrants. This year I substantially increased to €80,000 the funding for the Safe Home programme, run by the Mayo-based organisation dedicated to helping elderly Irish emigrants wishing to return to Ireland to live but lacking the means to do so. From time to time, other voluntary and community groups and organisations involved in information dissemination to emigrants apply for grants to my Department. All applications are considered on their merits and are subject to the budget allocation available at the time of application.

The funding provided by my Department to those organisations is in line with one of the main recommendations of the report of the task force on policy regarding emigrants, which was published in August 2002. The task force recommended that there should be close co-operation between various Departments and voluntary agencies regarding the provision of advice and information to emigrants. The increase in funding by my Department over the past few years to the voluntary and community sector involved in that work has enabled them to enhance the information services that they provide in preparing people for life working in another country and in assisting those who wish to return home.

Social Welfare Benefits.

Damien English

Ceist:

70 Mr. English asked the Minister for Social and Family Affairs, further to Parliamentary Questions Nos. 55, 88 and 96 of 27 October 2005, regarding the number of families who would be eligible but do not apply for their entitlements under the family income supplement scheme, when he expects the ESRI to complete its research. [37279/05]

Family income supplement is a payment made to low-income families with children who are in employment. Family income supplement was introduced in 1984 to provide income support for employees with families who are on low earnings, preserving the incentive to remain in employment in circumstances where they might only be marginally better off than if they were fully reliant on social welfare payments.

Weekly payments of FIS are made to families, including one-parent families, with children, that is, under 18, or between 18 and 22 if in full-time education, where one or more parent is in full-time remunerative employment of not less than 19 hours per week, or 38 hours per fortnight, where the employment is likely to last at least three months, and where the income of the family is less than the prescribed weekly amount.

The Government has increased the weekly income thresholds for qualification for a family income supplement payment by €84.00 since 2002. That has resulted in a net increase in FIS available to low-income families of €50.40 per week. Also, the minimum weekly payment was increased from €13 to €20 from January 2004.

On the question of measuring take-up of family income supplement, research undertaken by the Economic and Social Research Institute in 1997, which was based on the results of the Living in Ireland Survey 1994, suggested that fewer than one in three potentially eligible claimants was actually in receipt of the payment. Since those with a higher entitlement are more likely to avail of the scheme, the take-up in expenditure terms was estimated to be somewhat higher, at between 35% and 38% of potential expenditure. We understand that research undertaken more recently by the ESRI will be made publicly available in the first quarter of 2006.

Departmental Estimates.

Liz McManus

Ceist:

71 Ms McManus asked the Minister for Social and Family Affairs his priorities for social welfare in the context of budget 2006 and the Social Welfare Bill; and if he will make a statement on the matter. [37213/05]

The 2006 Estimates for social welfare spending were published on 17 November last and represented the cost of implementing existing levels of service in the various programmes and services provided by my Department and its agencies.

Normally, improvements in social welfare schemes and services are introduced by way of the budget. In that regard, I will be developing budget proposals on the various issues in my area of responsibility, having regard to a wide range of factors.

My budget themes are child poverty, pensions, carers and lone parents. Proposals covering those areas have been developed taking account of the views expressed at the recent pre-budget forum, at which 31 welfare organisations were represented and pre-budget submissions made to me by those and other organisations and individuals.

Immediately following budget day, I will bring forward a Social Welfare Bill to provide for any increases in the weekly payment rates and any changes to the PRSI provisions or other amendments that would be scheduled to come into effect from January 2006.

Budget 2006 provisions requiring legislative basis and scheduled to take effect later in 2006, and any other non-budget-related legislative amendments will be provided for under a second Bill, which should have advanced through the Oireachtas by early 2006.

Pension Provisions.

Pat Rabbitte

Ceist:

72 Mr. Rabbitte asked the Minister for Social and Family Affairs the basis for his Department’s original estimate that the granting of pensions to persons who paid social welfare contributions prior to 1953 would cost €9 million per year, when the actual cost has turned out to be €153 million per year; and if he will make a statement on the matter. [37204/05]

In May 2000, a special half rate old age contributory pension was introduced to enable people with pre-1953 insurance who could not qualify for a payment under normal qualifying conditions, to receive a pension. People already qualifying for pensions at less than half rate could also benefit from the scheme. In order to be eligible for the payment, a person requires 260 paid contributions at the appropriate rate, which can comprise a mixture of pre and post-1953 contributions.

Based on an analysis of pension claims which did not satisfy the standard conditions and on experience of take up on previous pension measures, it was estimated that some 3,000 persons would qualify for the new pension in 2000 at a full year cost of €8.9 million. The overall claimload ultimately was not expected to exceed 5,000 people.

To date a total of 34,538 pre-1953 pensions have been awarded and 28,700 of these remain in payment. Just over 67% of these pensions are being paid to residents of the UK and other countries. The cost in 2004, which includes the budget increases in those payments and arrears, amounted to €132.5 million. The estimated cost for 2005 is €135 million.

One of the difficulties in estimating costs in this case was that the form in which records relating to pre-1953 contributions were available in my Department did not allow for ready estimation of the numbers of contributions. Many of the records in question were incomplete and had to be supplemented by separate information obtained when claims were actually made. Furthermore, my Department, in basing the estimate on its databases, did not anticipate the number of successful claims which would be made by people resident abroad.

My Department is frequently required to estimate the costs of policy measures and its record in this regard is a good one as has been recognised by the Department of Finance. The experience in this case was highly unusual and, as I have explained, related to lack of data. However, my Department will take on board the specific lessons of this project in estimating the costs of similar proposals in the future.

Tax and Social Welfare Codes.

Gay Mitchell

Ceist:

73 Mr. G. Mitchell asked the Minister for Social and Family Affairs the welfare-to-work initiatives that exist within the social welfare system; and if he will make a statement on the matter. [37254/05]

My Department assists and encourages long-term unemployed and other long-term welfare recipients to return to work, training or further education through a range of measures administered by the Department's employment support service.

One significant measure is the back to work allowance scheme which incentivises and encourages long-term unemployed people, lone parents and certain persons with disabilities to return to work by allowing them to retain part of their social welfare payment when they take up employment or self-employment.

Currently there are 9,244 participants in the scheme, over half of whom are engaged in a wide range of self-employment options.

Another measure offered by my Department's employment support service is the back to education allowance programme. This is a second-chance educational opportunities programme designed to encourage and facilitate unemployed people, lone parents and people with disabilities to improve their skills and qualifications with a view to returning to the work force. There were 7,308 participants in the scheme for the 2004-05 year. A range of other supports is provided by the Department's locally based facilitators. Their primary role is to assist the long-term unemployed and other long-term welfare dependants back to work, training or further education by providing them on an individual basis with assistance to access the necessary programmes or supports which their circumstances demand. Facilitators have access to some additional services, such as the special projects and family services funds, which provide funding for specialised training and supports for those who are distant from the labour market and who need additional help in preparing them for further training and employment.

One of the supports targeted specifically at the unemployed is the employment action plan, EAP, under which customers aged 18 to 54 years who are approaching six months on the live register are systematically referred to FÁS for guidance, intervention or placement.

Under that process, a total of 36,289 individuals were referred to FÁS for interview during 2004 and by the end of January 2005 some 23,055 persons, 64% of those referred, had left the live register. Of those, a total of 13,092 persons were placed in jobs or a FÁS programme or had returned to education.

The most recent figures available from the Department of Enterprise, Trade and Employment show that 20,063 persons were referred during the first seven months of 2005. By the end of August 2005, a total of 9,628 persons, 47% of those referred, had left the live register.

In addition to the above, an intensification process commenced in May 2003. Under that process, all customers aged between 18 and 55 years who have spent over six months on the live register and who have not been previously selected for the EAP are being selected for referral to FÁS where they are offered interventions similar to those available under the EAP.

By the end of July 2005 a total of 25,149 persons had been referred to FÁS under that process. During the first seven months of 2005 alone, a total of 4,933 persons were referred for interview, and of those 2,033, or 41%, subsequently left the live register.

Certain customers referred through the EAP process may face severe employability issues not amenable to resolution within the normal range of interventions available. To assist such customers, a high-supports process was established in 2003 by the Department of Enterprise, Trade and Employment.

As part of that process, local networks of relevant service-providers are being established in certain areas in conjunction with FÁS and my Department's facilitators. People identified as suffering severe employability issues are referred to the local networks and appropriate avenues identified to enhance employability. A special fund is available to purchase specialist training or interventions that may be required to assist an individual.

Another welfare-to-work initiative which my Department operates is the family income supplement, which is designed to provide cash support for employees with families on low earnings. That preserves the incentive to remain in employment in circumstances where employees might otherwise only be marginally better off than if they were claiming other social welfare payments.

Customers in receipt of certain illness related payments such as disability allowance, disability benefit and invalidity pension are not debarred from working while in receipt of those payments, subject to meeting certain criteria.

My Department, through its employment support and other services, has been very successful in assisting people away from the cycle of long-term unemployment and back into the workforce. The services provided, particularly their continued relevance and flexibility, are under constant review. I am particularly interested in advancing measures that blend activation with supports and that make the transition from welfare to work as seamless as possible.

Question No. 74 answered with QuestionNo. 31.

Departmental Records.

Joe Costello

Ceist:

75 Mr. Costello asked the Minister for Social and Family Affairs the outcome of the investigation his Department held into the circumstances in which several civil servants are reported to have accessed the personal welfare records of a person (details supplied); the number of persons who were found to have accessed the records; the number of such persons who would have been authorised to do so; if action is planned on foot of his Department’s investigation; and if he will make a statement on the matter. [37200/05]

Arising from comment in the media, my Department carried out an examination of accesses to the computer record of the person concerned. During the period examined, our records show that 125 accesses to the record in question took place.

On a general basis, staff of my Department are authorised to access individual records as long as it is for legitimate business reasons. In view of the number of accesses, managers were asked to examine the matter to establish if there were genuine business reasons for their staff accessing the record. The staff concerned have been asked to set out the reason they accessed the record, and managers have drawn up reports on the basis of their replies. Those reports are currently being collated and considered by the personnel officer. If it is established that there was inappropriate access to records by a staff member, the matter will be dealt with in accordance with the Civil Service disciplinary procedures.

My Department views its obligations to safeguard the privacy of data under its control very seriously and has undertaken a considerable amount of work in that area over the past few years. A review is currently under way to see if new approaches and technologies can be applied to strengthen our controls in this area.

Pension Provisions.

Liz McManus

Ceist:

76 Ms McManus asked the Minister for Social and Family Affairs if he has received the review of pensions strategy that he has asked the Pensions Board to complete; when it is intended to publish the report; and if he will make a statement on the matter. [37212/05]

As the Deputy is aware, in February of this year, because of slow progress on our pensions targets, I asked the Pensions Board to conduct a review of our overall strategy. I received the report of the Pensions Board on 7 November.

The review encompasses an examination of the main strategic recommendations contained in the national pensions policy initiative, including those relating to the adequacy of income in retirement, coverage targets, levels of social welfare pensions, sustainability of State pensions, including public sector pensions, and the tax support for private and occupational pensions. The review also examines the question of alternative ways of addressing adequacy and coverage issues.

At this stage, the report has been submitted to the Cabinet for consideration. The report is a large and complex document that will need to fully studied by my Cabinet colleagues. When that is finalised, the report will be published, and I hope it will engender a national debate on the future direction of our pensions system.

Paul Nicholas Gogarty

Ceist:

77 Mr. Gogarty asked the Minister for Social and Family Affairs if his Department will be consulting with groups representing the elderly and employers when considering the Pension Board’s proposal that older persons should be entitled to defer their State pensions until 70 years of age. [37125/05]

Thomas P. Broughan

Ceist:

97 Mr. Broughan asked the Minister for Social and Family Affairs if the Government is considering giving persons the option of deferring claiming pensions until the age of 70; the basis on which that would be done; and if he will make a statement on the matter. [37199/05]

I propose to take Questions Nos. 77 and 97 together.

The question of allowing older people to defer claiming their social welfare pension is something which has been under consideration by my Department and which features in the recently completed national pensions review.

Generally speaking, the system would involve people being offered the option of deferring drawing their social welfare pension in exchange for a larger pension starting at a later date. The increase in the deferred pension would be actuarially based to ensure that the person involved received the benefit of any savings which would accrue from the decision to defer claiming. The advantage to individuals from that measure would depend on the demographic situation at the time of implementation, in particular improvements in life expectancy.

The report on the review is at present before the Government for consideration by my Cabinet colleagues. When that process has been completed, I expect that the report will be published, and I would hope that it would engender a national discussion on the future of our pensions system. At that stage, groups representing employers and older people will be very welcome to give their views on any measures proposed.

Question No. 78 answered with QuestionNo. 51.
Question No. 79 answered with QuestionNo. 26.

Financial Services Access.

Bernard Allen

Ceist:

80 Mr. Allen asked the Minister for Social and Family Affairs, further to Parliamentary Question No. 43 of 27 October 2005, when he expects the report regarding financial exclusion from access to financial services for persons on social welfare or low incomes, currently being compiled by the Combat Poverty Agency and the Financial Services Regulator, to be published; and if he will make a statement on the matter. [37263/05]

I understand that this report, a joint study by the Combat Poverty Agency and the Irish Financial Services Regulatory Authority, on the issues concerning access to financial services in Ireland, will be completed in spring 2006. I expect that the findings of this research, which builds on earlier Combat Poverty Agency studies on money-lending and indebtedness, will assist in the development of policies to tackle the problems experienced by certain groups of consumers who have difficulty accessing financial services.

Farm Incomes.

Michael Ring

Ceist:

81 Mr. Ring asked the Minister for Social and Family Affairs the reason there has been a decrease in the numbers being awarded farm assist in the past year (details supplied); and if he will make a statement on the matter. [37007/05]

My recent written reply to the Deputy stated that there had been a decrease of 781 customers in receipt of farm assist in the 12 months to September 2005. There are several reasons for that drop-off in numbers, not least of which has been the take-up of the rural social scheme, which is operated by the Department of Community, Rural and Gaeltacht Affairs. That scheme specifically targets low-income farmers. There are currently around 1,930 customers availing of that scheme, 760 of whom transferred from farm assist.

My Department examined 786 farm assist claims closed in the three-month period to October 2005. The results showed that 108, or 13.7%, went to work, 66, or 8.4%, took up places on community employment or rural social schemes, while 116, or 14.8%, took up educational opportunities. The remaining 496 transferred to other social welfare payments.

There has been a significant improvement in off-farm employment in recent times that has reduced the need for small farmers to avail of the farm assist scheme. In addition, schemes such as the back to education allowance scheme allow customers to improve their educational qualifications by taking up second level or third level courses without affecting their underlying payment.

My Department strives to offer opportunities to customers to take up meaningful employment or opportunities to improve their skills. The effectiveness of this policy is shown in the reduction in the numbers claiming basic payments such as farm assist.

Social Welfare Code.

Jerry Cowley

Ceist:

82 Dr. Cowley asked the Minister for Social and Family Affairs if he will consider amending the situation where persons in receipt of a widow’s pension are restricted in accepting employment; and if he will make a statement on the matter. [37064/05]

Widow's or widower's non-contributory pension is a means-tested payment payable to a widow or widower whose income falls below a certain limit and who does not satisfy the contribution conditions for contributory widow's or widower's payment. Widow's or widower's non-contributory pension is a payment for widows and widowers who do not have dependent children.

In assessing means for social assistance purposes, account is taken of any cash income the person or his or her spouse may have, together with the value of capital and property, except the home. Weekly means of €7.60 per week are disregarded, and all means in excess of that figure, including those from earnings from employment, are assessed in full.

Any changes to the current provisions would fall to be considered in a budgetary context.

Question No. 85 answered with QuestionNo. 7.

Social Welfare Benefits.

Brendan Howlin

Ceist:

86 Mr. Howlin asked the Minister for Social and Family Affairs the number of persons from EU countries that joined the community in 2004 who have applied for and received unemployment benefit or assistance since May 2004; his views on whether these figures show the fears of welfare tourism that were expressed at the time were unfounded; and if he will make a statement on the matter. [37209/05]

The requirement to be habitually resident in Ireland was introduced as a qualifying condition for certain social assistance schemes and child benefit with effect from 1 May 2004. The basis for the restriction contained in the rules is the applicant's habitual residence. The effect is that a person whose habitual residence is elsewhere is not paid certain social welfare payments on arrival in Ireland. The question of what is a person's habitual residence is decided in accordance with European Court of Justice case law, which sets out the grounds for assessing individual claims.

Each case received for a determination on the habitual residence condition is dealt with in its own right and a decision is based on application of the guidelines to the particular individual circumstances. Any applicant who disagrees with the decision of a deciding officer has the right to appeal to the Social Welfare Appeals Office. The habitual residence condition is being operated in a careful manner to ensure that Ireland's social welfare system is protected, while at the same time ensuring that people whose cases are appropriate to the system have access to it when in need.

A total of 1,942 claims for unemployment assistance from nationals from the ten new EU states have been decided since 1 May 2004. To put that in perspective, nearly 160,000 personal public service, PPS, numbers were issued to nationals of the new member states in that period. As of 18 November 2005 the number of people from the new member states on the live register was 1,329. Of these, 789 were claiming unemployment assistance, 514 unemployment benefit and 26 PRSI credits only. A total of 462 of the 1,329 were awaiting decisions on unemployment assistance claims and 173 were awaiting decisions on unemployment benefit claims.

This data does not support a view that welfare tourism is a problem. However, in introducing a habitual residence condition, the Government wished to ensure that Ireland's social welfare system is protected, while at the same time ensuring that people whose cases are appropriate to the system have access to it when in need. A review of the condition is ongoing at present within my Department and will be available to shortly, at which stage I will consider what, if any, changes might be made in light of experience to date.

Question No. 87 answered with QuestionNo. 10.

Arthur Morgan

Ceist:

88 Mr. Morgan asked the Minister for Social and Family Affairs the reason the third level allowance is dependent on having been in receipt of social welfare for nine months. [37301/05]

The back to education allowance is a second chance education opportunities programme designed to encourage and facilitate people on certain social welfare payments to improve their skills and qualifications and, therefore, their prospects of returning to the active work force. The conditions for entitlement to the third level option of the back to education allowance scheme were revised with effect from 1 September 2004. From that date, the qualifying period was increased from six months to 15 months for new applicants intending to commence third level courses of study.

As the Deputy is aware, I reduced the qualifying period for access to the third level option of the scheme to 12 months in the last budget. I also increased the annual cost of education allowance, paid to people on BTEA, from €254 to €400. These changes came into effect on 1 September 2005. Following an undertaking to the Dáil and the social affairs committee, I have further reduced the qualifying period for access to the third level option to nine months. This condition applies to persons who are participating in the national employment action plan, NEAP, process and where a FÁS employment services officer recommends pursuance of a third level course of study as essential to the enhancement of the individuals employment prospects. This new condition also came into effect from 1 September 2005.

The BTEA scheme was always intended to benefit people who had difficulty finding employment because of a lack of education qualifications. In many cases, people who have not completed second level education are held back in their efforts to obtain employment. The qualification period for people who wish to pursue second level education has remained at six months and the numbers taking second level education with the support of BTEA are increasing. The requirement to be in receipt of a relevant social welfare payment for a minimum period of time has always been a feature of the back to education allowance scheme and is considered necessary in order to ensure that limited resources are targeted at those who are most in need of second chance education. The scheme is intended to assist people with a history of long-term dependence on social welfare and is recognition of the special difficulties which such persons can face when attempting to equip themselves for the modern labour force.

Question No. 89 answered with QuestionNo. 31.
Question No. 90 answered with QuestionNo. 22.
Question No. 91 answered with QuestionNo. 17.
Questions Nos. 92 and 93 answered with Question No. 50.
Question No. 94 answered with QuestionNo. 24.

Computerisation Programme.

Trevor Sargent

Ceist:

95 Mr. Sargent asked the Minister for Social and Family Affairs the improvements to his Department’s services that he envisages from the e-Government related projects allocated funding under the 2006 Estimates. [37131/05]

My Department has been allocated funding of €3.75 million for e-Government related projects in 2006. My Department is undertaking three specific e-Government related programmes of work, namely, customer object development, public service identity and the standard authentication framework environment, SAFE. The ultimate aim of these programmes is to improve the service the Department provides to the customer and to support similar initiatives by other Departments.

My Department, through its service delivery modernisation programme, is moving from a number of scheme oriented computer systems to a more integrated approach based around our customers' needs. This is a multi-annual programme of work involving the introduction of new technology and the replacement of legacy computer systems. On the technology side it involves the redesign of back office systems, business processes, procedures and work practices. It also involves the introduction of new organisational structures. The programme, which comprises business, organisation and technical streams, is designed to be implemented in self-contained and separately procured phases. Each phase delivers key business benefits, extends the business object model chosen by the Department and strengthens and enhances the underlying technical architecture.

One key aspect of this programme is the further development of the customer object. This development not only supports internal systems but will also play a key role in supporting external systems that rely on use of the PPS number. The work involves examining customers' future needs in the context of integrated service delivery and of supporting improved access to my Department's services via the telephone or on-line channels. It will also support my Department in proactively initiating claims for our customers. The ensuing implementation will support flexible, personalised and case driven customer service.

The benefits of integrated service delivery extend beyond my Department. For example, the award winning automation of the child benefit payment following the birth of a child eliminates the need for multiple form filling and visits to several agencies' offices. My Department has a broad public service wide role in supporting use of the PPS number across Departments and agencies. At present, it provides basic public service identity, PSI, services through Reach. PSI services provide a validation service to agencies using the PPS number and ensure that a consistent and limited set of customer identity data is used for public services.

PSI services will be delivered in two phases. The first phase is already developed and is available via automated link to the Reach public services broker, PSB. It is envisaged that there will be a demand for a broader set of PSI services over the next number of years and implementation of the customer object will provide the technical basis for the delivery of these enhanced services.

A third related programme of work concerns the development of a public service card in accordance with the SAFE programme. My Department is committed to the introduction of a new public service card in 2007 to provide easier access to public services for customers. The customer object and PSI services will provide the basic support for issue and operation of the card.

Question No. 96 answered with QuestionNo. 7.
Question No. 97 answered with QuestionNo. 77.

Social Welfare Benefits.

John Gormley

Ceist:

98 Mr. Gormley asked the Minister for Social and Family Affairs his views on the introduction of tapered social welfare payments for persons who are close or barely exceed means test levels. [37128/05]

Tapers and income disregards are a feature of the social welfare system. They are generally designed to make schemes more employment friendly by removing the disincentives associated with the loss of benefits on taking up employment. Examples of such measures for people returning to work include: one parent family payment — the first €146.50 of weekly earnings is disregarded as well as 50% of earnings from €146.51 to €293.00; unemployment assistance — 40% of net earnings from part-time work are disregarded; retention of rent-mortgage interest supplement and other secondary benefits is permitted on a tapered basis in certain circumstances; tapered withdrawal of adult and child dependant allowances as the spouse-partner's earnings from employment increase; farm assist — 30% of earnings from self-employment are disregarded; and family income supplement; 40% of net earnings are disregarded. Further improvements to existing tapers, and the introduction of new ones, are matters which fall to be considered in the context of the budget.

Question No. 99 answered with QuestionNo. 22.

Migrant Workers.

Brendan Howlin

Ceist:

100 Mr. Howlin asked the Minister for Social and Family Affairs the position with regard to his discussions with the European Commission regarding the Government’s implementation of the two year habitual residence requirement in regard to qualification for social welfare benefits; if he intends to introduce changes to the requirement; and if he will make a statement on the matter. [37208/05]

The requirement to be habitually resident in Ireland was introduced as a qualifying condition for certain social assistance schemes and child benefit with effect from 1 May 2004. It was introduced in the context of the Government's decision to open the Irish labour market to workers from the new EU member states without the transitional limitations which were being imposed at that time by many of the other member states. The effect of the condition is that a person whose habitual residence is elsewhere is not paid certain social welfare payments on arrival in Ireland, regardless of citizenship, nationality, immigration status or any other factor. The EU Commission wrote to the Government on 22 December 2004 raising a number of issues concerning its compliance with EU law in relation to workers and their families.

Officials from this Department and the Attorney General's office met with Commission officials on 15 May last to discuss the issues raised and explained that the operation of the new condition was fully in line with the criteria set out in European Court of Justice case law.

These are: the length and continuity of residence in a particular country; the length and purpose of absence from Ireland; the nature and pattern of the employment; the applicant's main centre of interest; and the future intention of applicant concerned as it appears from all the circumstances.

In addition, full consideration is given in the decision making process to the requirements of EU legislation regarding free movement of workers within the European Economic Area. Rules which apply to migrant workers, that is persons who have taken up employment in Ireland following their arrival here, are strictly observed.

A formal response by the EU Commission to the points made is still awaited. It is expected that the Commission's examination of the matter will be concluded to the satisfaction of both parties by the end of this year. There are no plans to remove the habitual residence condition. Its operation has and continues to be monitored constantly by my Department.

Account is being taken of the views received from various groups and organisations who have an interest in the area. If I consider that it is necessary to make changes I will bring forward proposals to Cabinet. I expect the review to be completed by the end of the year.

Care of the Elderly.

Breeda Moynihan-Cronin

Ceist:

101 Ms B. Moynihan-Cronin asked the Tánaiste and Minister for Health and Children the number of applicants to date in 2005 for the Cúram home grant in counties Cork and Kerry; the number of applicants awarded the grant to date in 2005 in counties Cork and Kerry; the number of applicants who have been awarded the grant but not paid the money in counties Cork and Kerry; the amount of funding expended on the scheme to date in 2005 by her Department; if she will provide the information for these grants broken down by county for counties Cork and Kerry; and if she will make a statement on the matter. [37330/05]

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.

Accident and Emergency Services.

Breeda Moynihan-Cronin

Ceist:

102 Ms B. Moynihan-Cronin asked the Tánaiste and Minister for Health and Children the efforts she is making to ensure that a registrar is appointed for the accident and emergency department of Kerry General Hospital; and if she will make a statement on the matter. [37332/05]

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.

Jack Wall

Ceist:

103 Mr. Wall asked the Tánaiste and Minister for Health and Children the feasibility of an early appointment for a person (details supplied) in County Kildare; and if she will make a statement on the matter. [37342/05]

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

Hospital Staff.

Jim O'Keeffe

Ceist:

104 Mr. J. O’Keeffe asked the Tánaiste and Minister for Health and Children her views on the case made by the Irish Hospital Consultants Association that there is serious under-staffing at Bantry General Hospital; and the steps being taken to deal with this situation. [37360/05]

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

Nursing Home Subventions.

Finian McGrath

Ceist:

105 Mr. F. McGrath asked the Tánaiste and Minister for Health and Children if assistance will be given to persons (details supplied) in Dublin 9; and if she will work with all relevant Departments on this matter. [37362/05]

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.

Child Abuse.

Paul McGrath

Ceist:

106 Mr. P. McGrath asked the Tánaiste and Minister for Health and Children if the case of neglect of a person (details supplied) in County Westmeath will be examined; if this matter will be reviewed; and if she will make a statement on the matter. [37385/05]

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

National Treatment Purchase Fund.

Denis Naughten

Ceist:

107 Mr. Naughten asked the Tánaiste and Minister for Health and Children the provisions for post operative care and follow up care for patients who receive treatment under the treatment purchase fund, especially those in social welfare; and if she will make a statement on the matter. [37442/05]

As the Deputy's question relates to the operation of the National Treatment Purchase Fund, my Department has asked the chief executive of the fund to respond to the Deputy in relation to the information requested.

Nursing Home Subventions.

Jim O'Keeffe

Ceist:

108 Mr. J. O’Keeffe asked the Tánaiste and Minister for Health and Children the amount of money made available to the Health Service Executive in 2004 and 2005 and proposed for 2006 in respect of nursing home subvention; her views on whether these amounts are entirely inadequate in the context of the demand and the requirements of so many having to avail of private nursing home care; and her proposals in this regard. [37445/05]

From 2005 the allocation of money between programmes is a matter for the HSE. It is the Department's policy to maintain older people in dignity and independence at home and in accordance with their wishes, and at the same time to provide a high quality of residential care for older people when they can no longer be maintained at home.

The nursing home subvention scheme was introduced in 1993 to assist people with the financial cost of a private nursing home bed. It was never intended to cover the full cost of nursing home care. Since 1993, there have been significant levels of investment in the nursing home subvention scheme. On the introduction of the scheme in 1993, €5 million was allocated. The amount allocated to the scheme in 2004 and 2005 was €143 million and €140 million, respectively. The final figures for 2005 will obviously not be ready for some time but it may be noted that based on the latest available information, June 2005 as against June 2004, there has been a significant increase of 18% for those persons in receipt of an enhanced subvention. The allocation for 2006 is not finalised as yet but it is very likely that the 2006 figure will show an increase over 2004 and 2005.

Numerous studies have highlighted the fact that older people would prefer to remain living at home rather than going into long-stay care. The Government is committed to developing both the provision and standard of residential care for older people and also the various community and home support schemes.

Hospital Services.

John McGuinness

Ceist:

109 Mr. McGuinness asked the Tánaiste and Minister for Health and Children if an early appointment for a person (details supplied) in County Kilkenny with the ear, nose and throat department of Waterford Regional Hospital will be arranged; and if she will make a statement on the matter. [37450/05]

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

Health Services.

John McGuinness

Ceist:

110 Mr. McGuinness asked the Tánaiste and Minister for Health and Children if the case of a person (details supplied) in County Kilkenny will be investigated; if the cost of their treatment will be covered; and if a response will be expedited. [37451/05]

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

John McGuinness

Ceist:

111 Mr. McGuinness asked the Tánaiste and Minister for Health and Children if a grant or full cost will be approved for the provision of hearing aids in the case of a person (details supplied) in County Kilkenny; and if she will make a statement on the matter. [37454/05]

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

Hospital Services.

Dan Boyle

Ceist:

112 Mr. Boyle asked the Tánaiste and Minister for Health and Children the reason behind serious delays in delivering services at Cork University Hospital; and if she has satisfied herself with such a service. [37465/05]

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

Health Services.

Richard Bruton

Ceist:

113 Mr. Bruton asked the Tánaiste and Minister for Health and Children if the possibility of using trains with specially adapted ambulance carriages as an alternative to very long road journeys for patients moving from country locations to national specialties in Dublin has been assessed; and if she will make a statement on the matter. [37471/05]

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

Health Service Reform.

Catherine Murphy

Ceist:

114 Ms C. Murphy asked the Tánaiste and Minister for Health and Children the role her Department plays in overseeing the work of the Health Service Executive; and if she will make a statement on the matter. [37493/05]

Both the Prospectus and Brennan reports identified the need for significant change in the role of the Department of Health and Children as a fundamental reform of the health service. The overall recommendations relating to functions in the two reports were accepted by Government and it was agreed that the Department should be re-organised. The legal framework for this reform has been put in place with the Health Act 2004. One of the main functions of my Department under the Act is the role of policy analysis, its development and prioritisation. The role also includes, on the Health Service Executive, the measurement of performance, monitoring of the financial position and service provision together with evaluating efficiency and effectiveness of service delivery.

A dedicated unit has been established in my Department to monitor and evaluate the provision of services by the HSE. This role includes regular meetings between my Department and the executive to review progress at a national level. Regular meetings on particular aspects of service delivery also occur between officials in my Department and their counterparts in the Health Service Executive.

Health Services.

Catherine Murphy

Ceist:

115 Ms C. Murphy asked the Tánaiste and Minister for Health and Children if an instruction is handed down from her Department to the Health Service Executive with regard to the budgetary allocation it must make in order to fund speech therapy, language therapy, occupational health and psychological services to children with special needs; if in the absence of adequate funding being allocated to these areas of service by the Health Service Executive her Department has any discretion as regards requesting that a further allocation be made; and if she will make a statement on the matter. [37494/05]

The issues raised by the Deputy are dealt with under sections 31 to 33 of the Health Act 2004. These sections provide for the preparation, submission, approval and implementation of the Health Service Executive's service plan. In developing the service plan, the Executive must have regard to section 31(12) of the Act which requires that the estimate must be consistent with the Vote for the executive as published by the Government in the estimates for supply services.

Bernard J. Durkan

Ceist:

116 Mr. Durkan asked the Tánaiste and Minister for Health and Children if and when a person (details supplied) in County Kildare will be admitted to Naas day hospital; and if she will make a statement on the matter. [37496/05]

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

Tax Code.

Ruairí Quinn

Ceist:

117 Mr. Quinn asked the Minister for Finance if the Revenue Commissioners have encountered a growing trend of workers reclassifying themselves as self-employed service providers; the figures as to the nature and scale of the trend; if the assertion by the two parties to a contract is accepted by the Revenue Commissioners as determining the outcome; the legal test used by them to decide whether a worker is indeed self-employed or is in reality an employee; the number of such cases inquired into or challenged by them in recent years and the breakdown of the outcome; the implications for the Exchequer and the Social Insurance Fund, in the short and long terms; if policy implications arise for consideration by the Revenue Commissioners in deciding their approach to this issue; if so, if there has been discussion on such policy implications with him or his officers; and if he will make a statement on the matter. [37329/05]

Joan Burton

Ceist:

120 Ms Burton asked the Minister for Finance if the Revenue Commissioners have encountered a growing trend of workers reclassifying themselves as self-employed service providers; the figures as to the nature and scale of the trend; if the assertion by the two parties to a contract is accepted by the Revenue Commissioners as determining the outcome; the legal test used by them to decide whether a worker is self-employed or is in reality an employee; the number of such cases inquired into or challenged by them in recent years and the breakdown of the outcome; the implications for the Exchequer and the Social Insurance Fund, in the short and long terms; if policy implications arise for consideration by the Revenue Commissioners in deciding their approach to this issue and if so, if there has been discussion on such policy implications with him or his officers; the breakdown by sectors for example construction industry, meat processing, forestry, etc., of the numbers involved; and if he will make a statement on the matter. [37396/05]

I propose to take Questions Nos. 117 and 120 together.

I am informed by the Revenue Commissioners that statistics are not available which would allow them to determine the numbers of workers moving out of employment status and becoming self-employed service providers. While overall numbers in both employment and self-employment continue to grow, Revenue has no hard data that might indicate the existence or otherwise of any substitution trend: that is of workers in employment reclassifying themselves as self-employed.

I am informed that Revenue does not accept at face value contractual assertions as to self-employment status; the true nature of the relationship between the parties is looked at having regard to criteria derived from extensive case law, for example, the degree of control, obligation, integration or exclusivity involved in the relationship. These criteria are published in a Code of Practice in Determining Employment Status that was compiled with the assistance of the Irish Congress of Trade Unions, the Department of Enterprise, Trade and Employment and the Department of Social and Family Affairs. A copy of the code of practice is annexed to this reply.

Revenue operates an extensive audit programme to police compliance with tax laws, including obligations to apply PAYE and PRSI in cases where they are satisfied that the true nature of the relationship is that of employer and employee. I am informed that in cases and sectors where there is a particular risk of mis-classification, the matter of employee-subcontractor status is generally examined as a routine part of a Revenue audit.

Special projects are also undertaken from time to time in this area, for example, in 1998-99 the tax status of some 63,000 persons within the relevant contracts tax scheme was reviewed — involving approximately 7,000 visits — and close to 90% of principal contractors visited were found to have either correctly classified their employees/contractors or agreed to abide by Revenue's ruling as to the correct treatment. Other examples of sectors looked at closely by Revenue in this regard include the security industry, the courier business and the education and health sectors. However, no detailed outcome statistics are available on these sectors.

As regards the Exchequer and Social Insurance Fund implications of any trend away from employment and into self-employment, this would mainly impact on PRSI: the employer's PRSI contribution is, for most employees,10.75%. There may also be some reduction in income tax receipts because of the different rules for allowable expenses between self-employed Schedule D taxpayers and employees.

On the question of policy implications for Revenue, Revenue's function in this area, as in all other areas of its mandate, is to maximise compliance with tax laws. It selects cases and sectors for audit and compliance programmes on a risk management basis. It will take appropriate action where it finds that an employee has been wrongly classified as a contractor.

On the breakdown in the three sectors referred to in the questions, I am informed that the number of sub-contractors on Revenue's register for relevant contracts tax is as follows: construction industry, 59,982; meat processing, 771; and forestry, 1,392. These figures include both individuals and companies. I am informed that Revenue does not have reliable and up-to-date statistics for the number of employees in these three sectors. I am assured by the Revenue Commissioners that they fully recognise the particular risks of mis-classification in the relevant sectors of the economy and they will continue to monitor the situation.

The Code of Practice below was compiled with the assistance of the Department of Enterprise, Trade and Employment; Department of Social and Family Affairs; Department of Finance; Irish Congress of Trade Unions; Irish Business and Employers Confederation and the Revenue Commissioners and was published in July 2001.

Code of Practice for determining

Employment or Self-Employment status of Individuals.

Code of Practice in determining Employment status

This leaflet has been prepared by the Employment Status Group set up under the Programme for Prosperity and Fairness. The group was set up because of a growing concern that there may be increasing numbers of individuals categorised as ‘self employed' when the ‘indicators' may be that ‘employee' status would be more appropriate. The purpose of the document is to eliminate misconceptions and provide clarity. It is not meant to bring individuals who are genuinely self-employed into employment status.

In most cases it will be clear whether an individual is employed or self-employed. However, it may not always be so obvious, which in turn can lead to misconceptions in relation to the employment status of individuals.

The criteria below should help in reaching a conclusion. It is important that the job as a whole is looked at including working conditions and the reality of the relationship, when considering the guidelines. The overriding consideration or test will always be whether the person performing the work does so "as a person in business on their own account". Is the person a free agent with an economic independence of the person engaging the service?

Criteria on whether an individual is an employee

•While all of the following factors may not apply, an individual would normally be an employee if he or she:

•Is under the control of another person who directs as to how, when and where the work is to be carried out.

•Supplies labour only.

•Receives a fixed hourly/weekly/monthly wage.

•Cannot sub-contract the work. If the work can be subcontracted and paid on by the person subcontracting the work, the employer/employee relationship may simply be transferred on.

•Does not supply materials for the job.

•Does not provide equipment other than the small tools of the trade.

•The provision of tools or equipment might not have a significant bearing on coming to a conclusion that employment status may be appropriate having regard to all the circumstances of a particular case.

•Is not exposed to personal financial risk in carrying out the work.

•Does not assume any responsibility for investment and management in the business.

•Does not have the opportunity to profit from sound management in the scheduling of engagements or in the performance of tasks arising from the engagements.

•Works set hours or a given number of hours per week or month.

•Works for one person or for one business.

•Receives expense payments to cover subsistence and/or travel expenses.

•Is entitled to extra pay or time off for overtime.

Additional Factors to be Considered:

•An individual could have considerable freedom and independence in carrying out work and still remain an employee.

•An employee with specialist knowledge may not be directed as to how the work is carried out.

•An individual who is paid by commission, by share, or by piecework, or in some other atypical fashion may still be regarded as an employee.

•Some employees work for more than one employer at the same time.

•Some employees do not work on the employer's premises.

•There are special PRSI rules for the employment of family members.

•Statements in contracts considered by the Supreme Court in the‘Denny’case, such as “You are deemed to be an independent contractor”, “It shall be your duty to pay and discharge such taxes and charges as may be payable out of such fees to the Revenue Commissioners or otherwise”, “It is agreed that the provisions of the Unfair Dismissals Act 1977 shall not apply etc”, “You will not be an employee of this company”, “You will be responsible for your own tax affairs”are not contractual terms and have little or no contractual validity.

•While they may express an opinion of the contacting parties they are of minimal value in coming to a conclusion as to the work status of the person engaged.

Criteria on whether an individual is self-employed

While all of the following factors may not apply to the job, an individual would normally be self-employed if he or she:

•Owns his or her own business.

•Is exposed to financial risk, by having to bear the cost of making good faulty or substandard work carried out under the contract.

•Assumes responsibility for investment and management in the enterprise.

•Has the opportunity to profit from sound management in the scheduling and performance of engagements and tasks.

•Has control over what is done, how it is done, when and where it is done and whether he or she does it personally.

•Is free to hire other people, on his or her terms, to do the work which has been agreed to be undertaken.

•Can provide the same services to more than one person or business at the same time.

•Provides the materials for the job.

•Provides equipment and machinery necessary for the job, other than the small tools of the trade or equipment which in an overall context would not be an indicator of a person in business on their own account.

•Has a fixed place of business where materials equipment etc. can be stored.

•Costs and agrees a price for the job.

•Provides his or her own insurance cover e.g. public liability cover, etc.

•Controls the hours of work in fulfilling the job obligations.

Additional factors to be Considered:

•Generally an individual should satisfy the self-employed guidelines above; otherwise he or she will normally be an employee.

•The fact that an individual has registered for self-assessment or VAT under the principles of self-assessment does not automatically mean that he or she is self-employed.

•An office holder, such as a company director, will be taxed under the PAYE system. However, the terms and conditions may have to be examined by the Scope Section of Department of Social, Community and Family Affairs to decide on the appropriate PRSI Class.

•It should be noted that a person who is a self-employed contractor in one job is not necessarily self-employed in the next job. It is also possible to be employed and self-employed at the same time in different jobs.

Consequences arising from the determination of an individual's status

The status as an employee or self-employed person will affect:

•The way in which tax and PRSI is payable to the Collector-General—

•An employee will have tax and PRSI deducted from his or her income

•A self-employed person is obliged to pay preliminary tax and file income tax returns whether or not he or she is asked for them.

•Entitlement to a number of social welfare benefits, such as unemployment and disability benefits.

•An employee will be entitled to unemployment, disability and invalidity benefits,

•whereas a Self-employed person will not have these entitlements.

•Other rights and entitlements, for example, under Employment Legislation:

(a)An employee will have rights in respect of working time, holidays, maternity / parental leave, protection from unfair dismissal etc.

(b)A self-employed person will not have these rights and protection.

•Public liability in respect of the work done.

Deciding Status — Getting Assistance

Where there are difficulties in deciding the appropriate status of an Individual or groups of individuals, the following organisations can provide assistance.

Tax and PRSI

The Local Tax Office or The Local Social Welfare Office, (a listing of Tax and Social Welfare Offices is in the telephone book). Scope Section in the Department of Social, Community and Family Affairs may also be contacted for assistance.

If there is still doubt as to whether a person is employed or self-employed, the Local Tax Office or Scope Section of Department of Social, Community and Family Affairs should be contacted for assistance. Having established all of the relevant facts, a written decision as to status will be issued.

A decision by one Department will generally be accepted by the other, provided all relevant facts were given at the time and the circumstances remain the same and it is accepted that the correct legal principles have been applied to the facts established. However, because of the varied nature of circumstances that arise and the different statutory provisions, such a consensus may not be possible in every case.

The Employment Rights Information Unit of Department of Enterprise, Trade and Employment may also be contacted for information on labour law issues.

The report of the Employment Status Group is available for viewing on the following websites.

Revenue: www.revenue.ie

Department of Social, and Family Affairs: www.welfare.ie

Department of Enterprise Trade and Employment: www.entemp.ie

Irish Congress of Trade Union: www.ictu.ie

Irish Business and Employers Confederation: www.ibec.ie

Useful Revenue contacts for information and leaflets

Revenue Inquiry Offices at Cathedral St., O'Connell St., Dublin 2,

Level 2, The Square, Tallaght, Co Dublin, or any Tax Office.

EMPLOYER PAYE ENQUIRIES — LoCall 1890 236 236

Department of Social, and Family Affairs

Scope Section,

Department of Social, and Family Affairs,

2/3 Parnell Square East, Dublin 1.

Telephone: 7043075 or Any Social Welfare Local Office

Department of Enterprise, Trade and Employment

Employment Rights Information Unit,

Davitt House, 65A Adelaide Rd.,

Dublin 2.

Telephone: 01 6312121, Fax: 01 6313267

Irish Congress of Trade Unions

31-32 Parnell Sq.,

Dublin 2.

Telephone: 01 8897777, Fax: 01 8872012

Irish Business and Employers Confederation

Confederation House,

84/86 Lower Baggot Street,

Dublin 2.

Telephone: 01 6601011, Fax: 01 6601717

Employment Appeals Tribunal

65A Adelaide Rd.,

Dublin 2.

Telephone: 01 6312121,

Lo-call: 1890 220 222, Fax: 01 6764810

Health & Safety Authority

Temple Court,

Hogan Place,

Grand Canal St.,

Dublin 2.

Telephone: 01 6620400, Fax: 01 6620417

Labour Court

Tom Johnson House,

Haddington Rd.,

Dublin 4.

Telephone: 01 6608444,

Lo-call: 1890 220 228,

Fax: 01 6608437

Labour Relations Commission & Rights Commissioners

Tom Johnson House,

Haddington Rd.,

Dublin 4.

Telephone: 01 6609662,

Lo-call: 1890 220 227,

Fax: 01 6685069

Offshore Islands.

Breeda Moynihan-Cronin

Ceist:

118 Ms B. Moynihan-Cronin asked the Minister for Finance the amount of money expended by his Department to date in 2005 on the State purchase of the Great Blasket Island and associated works; the amount of money expended by his Department to date in 2005 on the buy-out of property holdings on the island; the amount of money expended by his Department to date in 2005 on the implementation of the management plan for the island; the amount of money set aside for the future implementation of the remaining recommendations of the management plan for the island; and if he will make a statement on the matter. [37335/05]

The process for the purchase of lands on the Great Blasket Island has not yet been concluded and no expenditure has been incurred on it to date. To date a total of €0.641 million has been spent on aspects of the management plan for the island in addition to costs of approximately €70,000 incurred on the forum process.

Breeda Moynihan-Cronin

Ceist:

119 Ms B. Moynihan-Cronin asked the Minister for Finance if, in the case of the State purchase and development of the Great Blasket Island and certain projects (details supplied), such projects were put out to tender; and if he will make a statement on the matter. [37338/05]

The Great Blasket Island management plan sets out the proposals for the future of the island and covers the full range of issues involved, including those referred to by the Deputy.

I understand that expressions of interest have been sought from contractors interested in tendering for construction of a new pier on the island and upgrading of the existing pier at Dún Chaoin. These works will be funded by the Department for Community, Rural and Gaeltacht Affairs.

The proposed commercial development on the island, while addressed in the management plan, is not a matter for the State but rather a private concern. I will arrange for a copy of the management plan to be sent to the Deputy.

Question No. 120 answered with QuestionNo. 117.

Tax Code.

Gerard Murphy

Ceist:

121 Mr. G. Murphy asked the Minister for Finance if tax relief will be provided to a person; and if he will make a statement on the matter. [37431/05]

The purchase of a site for the purposes of building a home may be liable to stamp duty at the rates applicable to non-residential property depending on the value of the site. VAT is charged on certain goods and services associated with building a house. There is no special tax relief for single parents in the stamp duty or VAT codes. However, certain income tax reliefs are available to assist single parent home-owners.

Single parents can avail of relief for interest paid on certain home loans under section 244 of the Taxes Consolidation Act 1997. Mortgage interest relief is available to individuals in respect of interest paid on loans used by the individuals solely for the purpose of defraying money employed in the purchase, repair, development or improvement of their main residence.

With respect to tax credits, single, separated or widowed persons may be entitled to the one-parent family tax credit in addition to the basic personal tax credit. The combined value of these credits is equivalent to that of the basic personal tax credit for a married person. Through the one-parent tax credit, and the extended standard rate band available to parents who qualify for such credit, the tax code recognises the financial burden involved where a lone parent has responsibility for raising a child or children single-handedly.

I would also point out that child benefit is the main instrument through which direct financial support is provided to parents in respect of children and, of course, this is available whether the parents are single, cohabiting or married. The Government has substantially increased child benefit since coming into office in 1997. Overall expenditure on child benefit has increased by 279% from €506 million in 1997 to an estimated €1,916 million in 2005.

As the Deputy will appreciate, it is not the practice to comment in the lead up to the annual budget and Finance Bill on the intention or otherwise to make changes in taxation.

Pension Provisions.

Richard Bruton

Ceist:

122 Mr. Bruton asked the Minister for Finance if the additional voluntary contribution scheme arrangements will be extended to allow persons who have no pension scheme to retrospectively make payments into a pension fund on which tax relief would be given in order that they might be able to make some provision for their retirement. [37470/05]

I would 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.

Tax Collection.

Richard Bruton

Ceist:

123 Mr. Bruton asked the Minister for Finance the types of account which are subject to 20% retention tax and 23%, respectively; and the circumstances in which relief can be claimed on same. [37472/05]

I assume that the Deputy is referring to deposit accounts where the interest payable is subject to deposit interest retention tax, DIRT, under section 256 of the Taxes Consolidation Act 1997. DIRT is charged at the standard rate of income tax, 20%, on interest payable on the following types of deposit accounts: deposit accounts where interest is paid annually or at more frequent intervals; and long-term savings accounts where interest is payable at a determinable rate, that is, where the rate is known or can be anticipated.

The 23% rate of DIRT applies only in the case of deposit accounts where the amount of the interest cannot be determined until the date on which it is actually paid. Examples are products known as "trackers" where the rate of interest to be paid will be determined by reference to the overall change in the share index of a stock exchange or some other financial index.

DIRT is a final liability tax and no further liability arises to the individual on the interest. DIRT may be repaid only to the following categories of recipients: companies, within the charge to corporation tax in respect of the deposit interest; trustees of a trust for the benefit of a permanently incapacitated individual; a charity; or individuals where they or their spouses are 65 years or older or are permanently incapacitated — but only to the extent that such an individual, because of personal reliefs or age exemption etc., would not otherwise be liable to income tax on the deposit interest.

While not a retention tax, an "exit tax" of 23% is applied, on encashment, to the growth in the investment in the case of domestic life insurance policies or investment undertakings where the investment took place after 1 January 2001. An exit tax of 23% is also applicable on withdrawals from, cessation of or maturity of SSIA accounts. When an SSIA account matures — on death or at the end of the five year period — the exit tax is liable on only the profit earned from the investment of both the subscriptions and the Exchequer tax credits.

Richard Bruton

Ceist:

124 Mr. Bruton asked the Minister for Finance if persons who are over 65 and not in a taxable position are obliged to pay retention tax on the earnings in special saving investment accounts. [37473/05]

All SSIA accounts are subject to tax at 23% upon withdrawal, cessation or maturity. Where a withdrawal is made, the aggregate value of the assets withdrawn is taxable at 23%. An account that is ceased prior to maturity is liable to tax at 23% on the aggregate value of all the assets in the account at time of cessation. When an SSIA account matures — an SSIA account matures either on death or at the end of the five year period — tax at 23% is liable on only the profit earned from the investment of both the subscriptions and the Exchequer tax credits.

Flood Relief.

Catherine Murphy

Ceist:

125 Ms C. Murphy asked the Minister for Finance the applications which have been received by his Department from Kildare County Council in 2005 to fund flood relief works; if successful, when Kildare County Council will receive this funding; and if he will make a statement on the matter. [37480/05]

In 2005, Kildare County Council submitted a report to OPW on the feasibility of providing localised flood relief works at Leixlip, County Kildare and requested funding for implementation of such works. This report is currently being examined by my officials and their comments and recommendations are expected in the next few weeks.

A report had been submitted to OPW by the local authority in 2003 proposing flood relief works for Ardclough, County Kildare but the report was not deemed adequate, by OPW standards, and it was pointed out to local authority officials that the report would require additional technical information as well as cost benefit analysis and an outline environmental assessment before it could be fully considered. Kildare County Council inquired, in September 2005, about the availability of funding to progress the prospect of a flood relief scheme at Ardclough, but due to existing commitments it has not been possible to address this request. The position will be reviewed in light of the 2006 budgetary allocation for flood relief works.

Tax Code.

Bernard J. Durkan

Ceist:

126 Mr. Durkan asked the Minister for Finance the reason a P45 has not issued in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [37529/05]

I have been advised by the Revenue Commissioners that the issuing of a P45 is the responsibility of a person's employer on cessation of employment. As Revenue has been unable to contact either the employer or the person concerned in this case, a letter issued to the taxpayer on 29 November 2005 inviting her to contact a nominated officer in her tax district in order to resolve the matter.

Telecommunications Services.

Joe Walsh

Ceist:

127 Mr. Walsh asked the Minister for Communications, Marine and Natural Resources when he intends to roll-out the metropolitan area network to a town (details supplied) in County Cork. [37341/05]

The provision of telecommunications, including broadband, is a matter in the first instance for the private sector companies operating in a fully liberalised market regulated by the independent Commission for Communications Regulation, ComReg.

The Government is addressing the infrastructure deficit by building high-speed open access metropolitan area networks, MANs, in 120 towns and cities nationwide, on a phased basis in association with the local and regional authorities. Phase 1 of this programme has delivered fibre optic networks to 27 towns and cities throughout the country, which were built on time and under budget. This programme has been extended to a further 90 towns in various locations nationwide. Design and procurement has already commenced in several regions and construction is due to start early in 2006. It is expected that these MANs will be completed during 2006 and 2007.

Under the current phase, Cork County Council submitted designs for 15 towns to the Department in the following locations: Bantry, Blarney, Carrigaline, Charleville, Cobh, Dunmanway, Fermoy, Kanturk, Kinsale, Midleton, Mitchelstown, Passage West, Ringaskiddy, Skibbereen and Youghal. Clonakilty is not part of the current roll-out but may be included in further phases subject to the necessary approvals and Exchequer funding being made available. The procurement process is now under way for the detailed design and project management of the Cork networks. It is expected that the Cork MANs will be operational by next year.

My Department also offers funding assistance for smaller towns and rural communities to become self-sufficient in broadband through the county and group broadband scheme. To date, over 150 projects have been approved for funding under this programme. Full details of the regional broadband programme can be found on the Department's website www.dcmnr.gov.ie.

Postal Services.

Richard Bruton

Ceist:

128 Mr. Bruton asked the Minister for Communications, Marine and Natural Resources the earliest profit projections made by An Post and the final actual outturn on profits by the company for each of the past five years; the reason for the apparently sudden deterioration in the financial prospects of the company; if strategic errors were made by management in anticipating trends in the business which might have allowed better performance; and if he will make a statement on the matter. [37468/05]

The final actual outturn on profits by the company for the last five years are in 1999 operational profits of €9.8 million, in 2000 operational profits of €13.3 million, in 2001 losses of €6.7 million, in 2002 losses of €17.4 million, in 2003 losses of €42.9 million and due mainly to the policy of controlled financial management in line with the recovery strategy, and the non payment of Sustaining Progress, operating profits of €1.8 million in 2004.

The reality is that the company has suffered significant losses in recent years starting with €6.7 million in 2001 and then reaching an unsustainable level of €42.9 million in 2003. The deterioration of company finances did not happen overnight but over a number of years. The downturn in An Post's financial position has been attributed to inflated forecasts of growth and the inability to deliver on change management programmes such as automation. Between 2001 and 2002 payroll costs alone increased by €40 million and the main divisions in An Post, Letterpost, SDS and the post office were all operating at a loss in 2001 and 2002.

It was against this background that the then Minister for Communications, Marine and Natural Resources expressed serious concern about the situation in the company and asked for a recovery strategy. The company presented a recovery strategy to the then Minister in September 2003. The detail and implementation of this recovery strategy which involves reductions in staff numbers and changes in work practices has formed the basis for the negotiations between the company and unions which have spanned the last two years. With the acceptance by the An Post board of the Labour Court recommendations which issued last week and the backing of the recommendations by the CWU executive committee in advance of the ballot of the union's members, I am hopeful that the company with the support of its workers, will implement the changes necessary to see An Post continue as a serious player in the Irish postal market delivering high quality postal services to customers.

Bernard J. Durkan

Ceist:

129 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if and when the tender for postcodes has or will be awarded; and if he will make a statement on the matter. [37487/05]

I have no function as regards this matter as the Commission for Communications Regulation is responsible for the appointment of the economic and technical consultants with regard to the postcode project. Following on from the recommendations of the working group report, consideration of the feasibility, design and implementation of a practical postcode project proposal is being advanced. In accordance with the recommendation of the working group, that project managers be appointed to lead the postcode project, I have asked that the Commission for Communications Regulation appoint them.

Telecommunications Services.

Bernard J. Durkan

Ceist:

130 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources if he has satisfied himself with the progress of the MANs to date in 2005; if the necessary co-operation is forthcoming from incumbent service providers; and if he will make a statement on the matter. [37488/05]

Phase 1 of this programme has delivered fibre optic networks to 19 towns and cities throughout the country, which were built on time and under budget. The remaining seven in Sligo and the north east are due to be handed over by the end of the year.

This programme has been extended to over 90 towns in various locations nationwide. Design and procurement has already commenced in several regions and construction is due to start early in 2006. It is expected that the majority of these MANs will be completed during 2006 and 2007.

My Department regularly reviews all aspects of the broadband market and holds discussions with broadband interest groups, and service providers. These discussions are ongoing and address all aspects of the telecommunications market including the operation of the MANs.

Postal Services.

Bernard J. Durkan

Ceist:

131 Mr. Durkan asked the Minister for Communications, Marine and Natural Resources when process will be concluded appertaining to the postcodes issue; and if he will make a statement on the matter. [37489/05]

In order to examine the introduction of a postcode system in Ireland, I established a working group of people with experience of the postal sector, together with a representative from the Department of Environment, Heritage and Local Government, which is the lead Department for the Irish spatial data infrastructure initiative, to examine the issue of the introduction of a postcode system in Ireland. This group produced its report earlier this year.

Following from the recommendations of the working group report, I asked the Commission for Communications Regulation, ComReg, to appoint project managers to support the postcode project by providing technical and economic advice including matching the costs and benefits of postcode introduction. These consultants will be managed by a national postcode project board, comprising representatives of Government Departments, together with public and private sector organisations that I appointed earlier this year. ComReg is currently in the process of recruiting the project managers and it is expected that the consultants will present a proposal to the national postcode project board describing in sufficient detail the most appropriate postcode system for Ireland by April next year with a launch date for the postcode system of no later than January 2008.

Overseas Armed Forces.

Tony Gregory

Ceist:

132 Mr. Gregory asked the Minister for Foreign Affairs if he will support the call by PDFORRA that all rights of association be afforded to the Portuguese Representative Association as is the case for armed forces members throughout Europe; if he will make representations to his Portuguese counterpart; and if he will make a statement on the matter. [37366/05]

Issues relating to the Portuguese armed forces are an internal matter for the Portuguese Government. I understand, however, that Portuguese law provides for the right of association for the members of the armed forces though it also allows for restrictions upon that right.

Swimming Pool Projects.

Catherine Murphy

Ceist:

133 Ms C. Murphy asked the Minister for Arts, Sport and Tourism the stage of a refurbishment project (details supplied) in County Kildare; when funding will be provided to Kildare County Council to commence work on the project; and if he will make a statement on the matter. [37498/05]

I approved the detailed contract documents, submitted by Kildare County Council, for the Naas swimming pool project in March 2005. Following this approval, Kildare County Council indicated to my Department that it proposed to change the site for the project. On 15 November, the council submitted an addendum to the preliminary report on the proposed new site and this is being examined by my Department's technical advisors, the Office of Public Works. The project will be considered by my Department when the report from the Office of Public Works has been received.

Question No. 134 withdrawn.

Community Employment Schemes.

Tony Gregory

Ceist:

135 Mr. Gregory asked the Minister for Enterprise, Trade and Employment if steps will be taken to mainstream community employment funding into core funding in order that disability groups such as centres for independent living will adequately fund project staff; and if he will make a statement on the matter. [37365/05]

The main purpose of the community employment programme operated by FÁS is to provide work experience and training for the long-term unemployed and disadvantaged groups and thereby enable participants to advance successfully to employment in the open labour market. On 10 November 2004, following a review of FÁS employment schemes such as community employment, job initiative and social economy programmes, I announced that community employment places supporting the delivery of health services will continue to be ring-fenced. Decisions regarding the provision of core funding for the health services generally is a matter for the Minister for Health and Children.

Employment Rights.

Michael Ring

Ceist:

136 Mr. Ring asked the Minister for Enterprise, Trade and Employment if there is a minimum wage to be payable to qualified electricians; and if so, the details of the minimum wage and the terms of employment. [37373/05]

The hourly rates of pay and conditions of employment for electricians engaged in the electrical contracting industry are set out in a registered employment agreement which has been registered with the Labour Court underthe Industrial Relations Act 1946. The agreement is available on the Labour Court website www.labourcourt.ie and a copy of the agreement is being sent to the Deputy for his information.

Regional Development.

Jimmy Deenihan

Ceist:

137 Mr. Deenihan asked the Minister for Enterprise, Trade and Employment if the Asdee, Ballylongford, Tarbert area is designated a less-developed part of the mid-west region (details supplied); and if he will make a statement on the matter. [37482/05]

Following detailed consultations with the board of Shannon Development, other stakeholders and regional interests, I announced a decision on a future mandate for the company. This new mandate envisages an active, focused role for the company, complementary to that of national agencies in line with Government policy on regional development. It is also broadly in line with the company's own future strategy proposals submitted to me in March 2005. In approving the new mandate, I asked the company to give priority to activities that would address the needs of the less developed parts of the Shannon region. I have asked the company to prepare a three year corporate plan for the period 2006-2008 which would reflect the substance of the new mandate.

In so far as the needs of the less developed parts of the region are concerned, I have not formally designated any specific areas. I expect the corporate plan being prepared by Shannon Development to pay particular attention to this requirement of the mandate and to have regard to the needs of less developed areas as already identified through the regional planning guidelines process.

Social Welfare Benefits.

Michael Ring

Ceist:

138 Mr. Ring asked the Minister for Social and Family Affairs the reason an Irish born citizen who has returned from America to care for their mother has been refused the carer’s allowance under the habitual residence condition even though the person is an Irish resident; if the Department is legal in its decision in view of the fact that this person is an Irish citizen who had lived here until they moved away and has come home to look after their mother. [37376/05]

As detailed in the reply to a parliamentary question, reference number 36066/05, on 23 November 2005, the person concerned applied for carer's allowance in respect of two carers on 4 October 2005. The principal conditions for receipt of the allowance are that full time care and attention is required and being provided and that the means test that applies is satisfied. Additionally, the requirement to be habitually resident in Ireland was introduced as a qualifying condition for certain social assistance schemes including carer's allowance with effect from 1 May 2004. All applicants, regardless of nationality, are required to be habitually resident in the State in order to qualify for carer's allowance. The basis for the restriction contained in the new rules is the applicant's habitual residence. The restriction is not based on citizenship, nationality, immigration status or any other factor.

A person's habitual residence is decided in accordance with European Court of Justice case law, which sets out the grounds for assessing individual claims. Each case received for a determination on the habitual residence condition is dealt with in its own right and a decision is based on application of the guidelines to the particular individual circumstances of each case. Any applicant who disagrees with the decision of a deciding officer has the right to appeal to the social welfare appeals office. Having examined all the facts in the case raised by the Deputy, a deciding officer decided that the person does not satisfy the habitual residence condition on the grounds that she has not been continuously resident in the State or in the common travel area for the last two years. Furthermore, it is not clear that she intends to reside in the State permanently from now on and she has maintained substantial links abroad by retaining property in the USA. She was notified of this decision, the reason for it and the right to an appeal on 21 November 2005. Under social welfare legislation, decisions on claims must be made by deciding officers and appeals officers. These officers are statutorily appointed and I have no role in making such decisions.

Social Welfare Code.

Ned O'Keeffe

Ceist:

139 Mr. N. O’Keeffe asked the Minister for Social and Family Affairs if an application form will issue to a person (details supplied) in County Cork to enable them to obtain a PPS number. [37381/05]

The personal public service number is the citizen's unique reference number for all dealings with Departments and public bodies. A PPS number does not issue automatically except in the case of children born in Ireland. In all other cases application must be made in person at one of the Department's local offices. It is necessary to have effective controls around the PPS number registration process to guard against fraud and to protect the integrity of my Department's data. It is also important to ensure that a person receives only one number, and that the number is allocated on information that is accurate and verified and therefore certain procedures are set down to be followed by officers of my Department when dealing with applications.

Evidence of identity is a vital element of the allocation process. When applying for a PPS number, applicants are asked to complete an application form and supply documentation to establish their identity. In the case of an EU citizen, they will be asked to provide a current valid passport and evidence of residence in this country, for example a copy of a tenancy agreement and-or a utility bill. Once the application is satisfactorily completed, people are usually informed of their PPS number by post within five days. Staff in the client identity services section of my Department will provide advice and assistance to an applicant or someone acting on their behalf if any difficulties arise.

Industrial Relations.

Denis Naughten

Ceist:

140 Mr. Naughten asked the Minister for Social and Family Affairs, further to Parliamentary Question No. 749 of 28 September 2005, the discussions he has had with staff representatives to address their concerns; and if he will make a statement on the matter. [37437/05]

Staff concerns in general are addressed through contacts and communications between management and staff of my Department. This is the approach which has been adopted regarding the issue to which the Deputy refers. There has been no further contact with the Office of Public Works on this matter, so the meeting between staff representatives and the company contracted to oversee the installation of the mast has not taken place. My Department has received an assurance from the OPW that no further action will be taken on the installation until such a meeting has taken place and the staff are aware of the situation.

Grant Payments.

Denis Naughten

Ceist:

141 Mr. Naughten asked the Minister for Social and Family Affairs the number of farmers in receipt of the farm assist payment; the number of persons his Department estimate are eligible for such a payment; the steps being taken by his Department to make persons aware of the scheme; and if he will make a statement on the matter. [37440/05]

Bernard J. Durkan

Ceist:

153 Mr. Durkan asked the Minister for Social and Family Affairs when he intends to improve entitlements in respect of farm assist; and if he will make a statement on the matter. [37518/05]

I propose to take Questions Nos. 141 and 153 together.

Some 7,880 farm families are currently in receipt of payments under the farm assist scheme from a high of approximately 8,700 in 2003. It was difficult to estimate the likely level of take-up of the scheme since the numbers availing of its predecessor, small-holders assistance, had been in decline for several years before farm assist was first introduced in April 1999. The benefits to those who have joined the scheme have been significant. The average weekly payment is approximately €150.

There are a number of factors which have an impact on the take-up of the scheme, notably, the significant increase in off-farm employment in recent years and the introduction of the rural social scheme by the Department of Community, Rural and Gaeltacht Affairs. Of the 2,000 farmers in receipt of RSS, approximately 760 are listed by the Department as having transferred directly from farm assist. A major media campaign on local radio to promote farm assist was conducted in the autumn of 2002 at a cost of almost €100,000. The campaign consisted of prime time spots in 19 local radio stations and the placing of adverts in the provincial newspapers and farmer's publications. During the same period, an information video about the scheme was transmitted at 24 livestock marts nationwide. The video was also shown on a large screen at the national ploughing championships in September 2002 and in each subsequent year including this year.

My Department's information service, in conjunction with the IFA, gave information presentations on the scheme to groups of farmers at various locations throughout the country. The farm assist video was shown at the presentations and was followed by a questions and answers session. In 2003 another advert was placed in the Irish Farmers Handbook. Significant improvements to the scheme were announced in last year’s budget. These included a €14 weekly increase in farm assist for a single person and up to €23.30 per week for a married person. In addition, the capital disregard in the means assessment increased from under €12,700 to €20,000 in June 2005. The question of a further increase in farm assist is a matter for consideration in a budgetary context having regard to available resources and government commitments.

Family Support Services.

Denis Naughten

Ceist:

142 Mr. Naughten asked the Minister for Social and Family Affairs the number of persons in receipt of the family income supplement payment; the number of persons his Department estimate are eligible for such a payment; the steps being taken by his Department to make persons aware of the scheme; and if he will make a statement on the matter. [37441/05]

The number of people receiving family income supplement is 16,650. This represents an increase of approximately 40% in the past three years. It is difficult to estimate the number of families who fail to apply for their entitlements under the FIS scheme. However, research undertaken by the Economic and Social Research Institute in 1997, which was based on the results of the Living in Ireland Survey 1994, suggested that fewer than one in three of potentially eligible claimants were actually in receipt of the payment. Since those with a higher entitlement are more likely to avail of the scheme, the take-up in expenditure terms was estimated to be somewhat higher at between 35% and 38% of potential expenditure. The ESRI is looking again at this issue given the availability of new data since that time.

My Department undertakes a number of proactive measures to ensure that people are aware of possible entitlement to FIS, which include advising all newly awarded one parent family payment recipients, advising all employers annually in PRSI mailshots and examining entitlements in all awarded back to work allowance cases. Information on FIS is contained on all child benefit books and can be assessed on the Department's website. The scheme has been extensively advertised through local and national media outlets, including newspapers and radio, as well as through poster campaigns and targeted mailshots. In addition, a magazine for lone parents called Options and Opportunities was issued to every lone parent in receipt of the one parent family payment this year. It included a full page outlining the details of the family income supplement.

Pension Provisions.

Richard Bruton

Ceist:

143 Mr. Bruton asked the Minister for Social and Family Affairs if home-makers receive a credited contribution towards pension entitlement or merely are allowed disregard the years for averaging purposes where they are caring full-time for a qualifying child or incapacitated adult. [37474/05]

The home-maker's scheme was introduced in 1994 to assist those who work in the home to qualify for an old age contributory pension. From 6 April 1994, periods of time spent out of the workforce, including self employment, caring either for children aged up to six years or incapacitated people are disregarded when calculating a person's pension entitlements. The Social Welfare Act 1996 extended the home-maker provisions by increasing the age of children being cared for from six to 12 years. Under existing provisions for old age contributory pension, up to 20 years home-making can be disregarded in calculating the yearly average test for pension purposes.

Social Welfare Code.

Richard Bruton

Ceist:

144 Mr. Bruton asked the Minister for Social and Family Affairs the difference in the treatment of capital in the means test for ordinary social welfare payments and for supplementary welfare; and his views on whether this distinction is justified. [37476/05]

In order to qualify for any form of social assistance a person must satisfy a statutory means test. This means test includes a value attributed to any capital a person may have. Capital refers to savings, investments, cash-on-hands and property, excluding the person's own home. The value of all of these items is added together and a formula is applied to their total value to calculate a person's weekly means, depending on the particular social assistance scheme in involved.

The rules for the means assessment of capital are set out in the Schedules to the Social Welfare (Consolidation) Act 1993, as amended subsequently. Under these rules means derived from capital or savings are assessed for supplementary welfare allowance purposes on a different basis than that applicable to other social assistance schemes. The policy basis for this is that supplementary welfare allowance is designed to provide assistance as a scheme of last resort, to ensure that every person in the State has sufficient resources to meet their basic income needs, as defined by the prevailing maximum rate of SWA. On this basis applicants are expected to utilise whatever other resources they have available to them in the first instance, including any income, capital or other savings. In the event that these resources are insufficient, as determined by the means assessment, then SWA is payable at an amount which brings their income position up to the prevailing basic income level.

With effect from June 2005, the capital assessment for the social assistance schemes generally is as follows. The first €20,000 of capital is disregarded, the next €10,000 is assessed with a weekly value of €1 per €1,000 and the next €10,000 is assessed with a weekly value of €2 per €1,000. The remainder is assessed with a weekly value of €4 per €1,000. For the purpose of the supplementary welfare allowance means test, capital is assessed as follows. The first €520 of capital is assessed at 5%, and the balance of capital is assessed at 10%. The resulting figure is then divided by 52 to give the weekly value of the means.

Given the objectives of the SWA scheme, it would be perverse to award SWA to a person with substantial savings or other capital. The capital assessment formula applicable to SWA is not intended to determine a potential rate of interest or income from the capital, but rather to ensure that any such capital or savings should be utilised by applicants towards their basic income needs. Apart from this assessment formula, any interest or income actually received by an applicant derived from this capital is not taken into account further for SWA means assessment purposes. The SWA scheme is currently being reviewed as part of my Department's series of expenditure evaluations. The review is being carried out by an interdepartmental working group chaired by my Department with representatives from the Department of Finance and the Health Service Executive. This review involves a full appraisal of the efficiency and effectiveness of all aspects of the scheme, including the means assessment rules. Any changes in the criteria for the means assessment of capital under the supplementary welfare allowance scheme will be considered in the context of the recommendations of this review group when it reports in due course.

Social Welfare Benefits.

Michael Ring

Ceist:

145 Mr. Ring asked the Minister for Social and Family Affairs the reason a person (details supplied) in County Mayo has been refused unemployment benefit. [37479/05]

To qualify for an unemployment payment a person must be available for and genuinely seeking full-time work. Following a review, a deciding officer disallowed the unemployment benefit claim of the person concerned from 10 November 2005 on the grounds that he was not genuinely seeking employment. The person concerned had failed to produce sufficient evidence to show that he had been consistently seeking full-time work.

He has appealed this decision and his file is being sent to the independent social welfare appeals office. A decision will be made as soon as possible and he will be notified of the outcome.

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

Questions Nos. 146 and 147 answered with Question No. 31.

Pension Provisions.

Bernard J. Durkan

Ceist:

148 Mr. Durkan asked the Minister for Social and Family Affairs when consideration will be given to offering old age pensions to Irish missionaries who have retired overseas; and if he will make a statement on the matter. [37513/05]

Bernard J. Durkan

Ceist:

149 Mr. Durkan asked the Minister for Social and Family Affairs the estimated number of Irish missionaries retired overseas who might qualify for old age pension; and if he will make a statement on the matter. [37514/05]

I propose to take Questions Nos. 148 and 149 together.

The Irish Missionary Union in its submission to the Oireachtas Joint Committee on Foreign Affairs indicated that there are 2,600 missionaries working in 90 countries. The Irish Missionary Union estimates that some 826 missionaries could qualify immediately for a pension, with a further 500 or so qualifying over the next five years.

Officials of my Department recently made a presentation to the joint committee on the proposals submitted by the Irish Missionary Union. Arising from that meeting, I understand that a working group will be formed. It will be chaired by the chairman of the joint committee, Deputy Woods, and will further explore and develop the issues involved. My Department will be represented on that group. The question of providing pensions for missionaries who retire abroad will be considered in the light of the conclusions of the working group.

Question No. 150 answered with QuestionNo. 10.

Bernard J. Durkan

Ceist:

151 Mr. Durkan asked the Minister for Social and Family Affairs if it is expected to extend bilateral social welfare agreements with other countries with a view to maximising entitlement to pension for persons retiring overseas; and if he will make a statement on the matter. [37516/05]

Ireland has social security agreements with seven countries, namely, Australia, Austria, Canada, New Zealand, the United Kingdom, the United States of America and Switzerland. These agreements came into effect between 1989 and 1999, except for that with the United Kingdom, which came into effect in 1971. Ireland also has a bilateral understanding with Quebec since 1 October 1994.

All of these agreements are currently in operation work satisfactorily. The main purpose of these agreements is to protect the social security pension rights of workers who have worked both in Ireland and the other country to which the agreement applies. In the case of Austria and Switzerland, they have limited application, as the EU regulations normally apply.

An updated social security agreement with the United Kingdom, which provides for workers moving between Ireland, the Isle of Man and the Channel Islands has been signed and it is hoped to have it ratified in the near future.

A revised social security agreement with Australia was signed on 9 June 2005 and its terms were approved by the House on 22 November. The necessary steps are under way to bring it into force on 1 January 2006.

Discussions have been held between officials of my Department and their counterparts in New Zealand regarding revision of that agreement also. As in the case of Australia, the amendments to the Irish provisions are likely to be few.

Discussions are ongoing between officials of my Department and the Government of the Republic of Korea regarding the text of a proposed agreement. It is hoped that final agreement on the text will be reached shortly, and I will then be in a position to seek the approval of this House.

There are no other plans at present to extend the number of countries with which Ireland has bilateral agreements on social security. However, the matter is kept under review by my officials and further consideration will be given to any case which is warranted by the number of persons who have worked both in Ireland and the other country.

Social Welfare Benefits.

Bernard J. Durkan

Ceist:

152 Mr. Durkan asked the Minister for Social and Family Affairs if child benefit will be increased sufficiently to take account of child care costs; and if he will make a statement on the matter. [37517/05]

My Department administers a number of child income support measures, including child benefit which delivers a standard rate of payment in respect of all children in a family regardless of income levels or employment status.

Child benefit supports all children but delivers proportionately more assistance to those on low incomes and with larger families. It is not intended primarily to meet child care costs. However, the very substantial increases in benefit in recent years can make a significant contribution to meeting those costs.

Since April 2005 monthly rates of child benefit have increased to €141.60 in respect of each of the first two children and €177.30 in respect of the third and subsequent children. Monthly rates of child benefit have increased by €103.51 at the lower rate and €127.78 at the higher rate since 1997, increases of 272% and 258% respectively. This level of increase is unprecedented and is in line with the Government's objective of improving income for children generally. The question of further increases in child benefit will be considered in a budgetary context.

Question No. 153 answered with QuestionNo. 141.

Bernard J. Durkan

Ceist:

154 Mr. Durkan asked the Minister for Social and Family Affairs if consideration will be given to increasing the family income supplement in line with increases in cost of living; and if he will make a statement on the matter. [37519/05]

Weekly payments of family income supplement, FIS, are made to families, including one parent families, with children under 18 or between 18 and 22 if in full-time education, where one or more parent is in full-time remunerative employment of not less than 19 hours per week, or 38 hours per fortnight, where the employment is likely to last at least three months and where the income of the family is less than a prescribed weekly amount.

In the period between September 2002 and September 2005, the consumer price index increased by 8.6%. The average FIS payment increased during this time by 47.2%. The number of FIS claims in payment is 16,650. This represents an increase of approximately 40% in the past three years.

FIS income limits were increased by €39 per week in budget 2005. This represents a net increase of €23.40 per week for most recipients. Weekly FIS income limits have risen by €84 since 2002. This represents a net increase of €50.40. The guaranteed minimum weekly rate of payment for anyone who qualifies for FIS increased to €20 from January 2004.

The question of a further increase in FIS is a matter for consideration in a budgetary context having regard to available resources and Government commitments.

Bernard J. Durkan

Ceist:

155 Mr. Durkan asked the Minister for Social and Family Affairs if free schemes will be awarded to younger widows and widowers; and if he will make a statement on the matter. [37520/05]

The household benefits package, which comprises the electricity and gas allowance, telephone allowance and television licence schemes, is generally available to people living permanently in the State, aged 66 years or over, who are in receipt of a social welfare type payment or who satisfy a means test.

The package is also available to carers and people with disabilities under the age of 66 who are in receipt of certain welfare type payments. People aged over 70 years of age can qualify regardless of their income or household composition. Widows and widowers aged from 60 to 65 whose late spouses had been in receipt of the household benefits package retain that entitlement to ensure that households do not suffer a loss of entitlements following the death of a spouse.

A range of proposals, including those referred to by the Deputy, have been made to extend the coverage of the household benefits package of free schemes. These proposals are kept under review in the context of the objectives of the scheme and budgetary resources.

Bernard J. Durkan

Ceist:

156 Mr. Durkan asked the Minister for Social and Family Affairs if unemployment assistance or disability allowance will be awarded in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [37523/05]

The person concerned was in receipt of unemployment assistance from 6 October 2003 to 8 October 2005 when the claim was closed as she had commenced employment. She made a repeat claim at Carlow local office on 11 November 2005 and her case was referred to a social welfare inspector for examination. The address given in respect of the application differs from the one quoted by the Deputy. If the person concerned has changed address she should contact her local office. The appropriate office for the address quoted by the Deputy is Newbridge social welfare local office.

Rail Network.

Pat Breen

Ceist:

157 Mr. P. Breen asked the Minister for Transport, further to Question No. 437 of 22 November 2005, the indicatory cost of the western rail corridor project under the Transport 21 plan, in view of the fact that the overall cost of the plan will be €34.4 billion; the envisaged upper limit cost of the western rail corridor project; and if he will make a statement on the matter. [37339/05]

Transport 21 includes a financial provision to cover the anticipated cost of the western rail corridor project. I do not propose to release this commercially sensitive information until the public procurement process for the project is completed.

Road Network.

Róisín Shortall

Ceist:

158 Ms Shortall asked the Minister for Transport the specific statutory instrument that requires a local authority or contractor to apply the National Roads Authority’s manual of contract documents for road works, the National Roads Authority’s design manual for roads and bridges, the Department of the Environment, Heritage and Local Government’s surface dressing manual and traffic signs manual or other such National Roads Authority or Department of the Environment, Heritage and Local Government road work standards. [37417/05]

Róisín Shortall

Ceist:

159 Ms Shortall asked the Minister for Transport the specific statutory instrument that requires a local authority or contractor to provide a temporary road surface sign when resurfacing a road. [37418/05]

Róisín Shortall

Ceist:

160 Ms Shortall asked the Minister for Transport the standards approved under section 19(1)(g)of the Roads Act 1993. [37419/05]

Róisín Shortall

Ceist:

161 Ms Shortall asked the Minister for Transport the statutory minimum standards as opposed to guidelines or recommendations that are set down by his Department in respect of road resurfacing. [37421/05]

I propose to answer Questions Nos. 158 to 161, inclusive, together.

The planning, design and implementation of national road improvement projects, including the specification of standards under section 19 of the Roads Act 1993, are a matter for the NRA.

I understand that NRA's Design Manual for Roads and Bridges, which was originally published in December 2000, contains standards and advice notes relating to the design, assessment and operation of national roads in Ireland. The NRA requires that the design manual be used on all projects for the construction and/or improvement of national roads.

While the design manual is not a statutory document, the NRA, as the agency with responsibility for the construction and maintenance of the national roads network and the funding of individual projects, requires that the technical standards specified in the document be adhered to.

The NRA's Specification for Road Works, which was originally published in March 2000, contains detailed specifications for all elements of road works. The full document or relevant parts are included as part of the contract documents for individual road construction or improvement projects and must therefore be complied with as a contractual obligation.

While the design manual and specification guidelines are intended primarily for use on national roads I understand that the documents may be used, at the discretion of road authorities, on non-national roads.

There are no statutory minimum standards in relation to road resurfacing. I am informed that both the NRA's Specification for Road Works and Design Manual for Roads and Bridges include requirements regarding road surfacing and resurfacing.

Guidance and recommendations regarding the provision and use of warning signs for road works, including road surfacing and surface dressing operations, are set out in chapter 8 of the traffic signs manual published by my Department.

The present manual, which constitutes a direction given to road authorities by the Minister for Transport pursuant to section 95(16) of the Road Traffic Act 1961, is currently the subject of a comprehensive review. A draft of the chapter of the manual relating to the traffic sign system applied at roadwork sites has been prepared. The draft document is now in the process of being issued to local authorities and other interested parties to afford them the opportunity to provide input before its publication, which is expected in the first quarter of 2006.

Road Safety.

Róisín Shortall

Ceist:

162 Ms Shortall asked the Minister for Transport, further to Question No. 824 of 28 September 2005, the outcome of the review of the special permit scheme; when he intends to streamline the current permit system for the movement of large equipment and to require the application of uniform practices by local authorities; and if he will make a statement on the matter. [37422/05]

The review of the special permit system will be completed early in the new year. I recently had a very positive meeting with the Assistant Commissioner, Garda National Traffic Bureau, on this subject.

Official Engagements.

Róisín Shortall

Ceist:

163 Ms Shortall asked the Minister for Transport, further to Questions Nos. 439 and 440 of 23 November 2005, if he will set out the agenda, minutes and agreed actions reached at the December 2000 ministerial meeting and the agenda for the February 2006 meeting; if he will further set out the agenda and minutes and agreed actions reached for the six BIC transport group meetings since 2000; and if he will further set out the programme, agenda and agreed actions at the workshop on 8 March 2004. [37423/05]

As indicated in my previous reply, Northern Ireland is the lead Administration for organisation and co-ordination of issues arising in the transport sector. Details of all previous BIC ministerial and BIC transport group meetings have been collated in consultation with the BIC secretariat and are summarised below.

The agenda for the first BIC transport ministerial meeting, which was held in Belfast on 19 December 2000, included opening remarks from Ministers, a draft work programme on transport issues and a draft communique. In summary, the minutes note that members of the BIC held a wide-ranging debate on the discussion paper prepared by the Northern Ireland Executive. Members agreed the need for an integrated and sustainable approach to transport issues, which would take account of the relevant economic, social and environmental context. The key areas identified as priorities for initial work by officials were the exchange of information and expertise on public private partnership, PPP, regional air links, road safety and an integrated transport framework. The agenda for the next ministerial meeting, which is provisionally scheduled to take place in Belfast on 9 February 2006, has not yet been finalised.

There have been six meetings of the BIC transport officials group. The key issues and agreed actions reached at each meeting are as follows. The first BIC transport group meeting was held on 4 December 2000. The agenda included a draft working paper and communiqué for the ministerial meeting on 19 December 2000. Practical arrangements for the ministerial meeting and for future transport group meetings were agreed. On 22 May 2002, the group met to consider the outline programme of work agreed following the ministerial meeting of 19 December 2000. On integrated transport, my Department identified possible proposals for taking forward work and members were invited to express their views. Regarding PPP, the Northern Ireland Administration agreed to investigate the possibility of establishing a forum for the exchange of views and experience between BIC members.

The agenda for the meeting of 21 February 2003 included work programme items on integrated transport, road safety, regional airlinks and PPP. My Department presented an updated paper on integrated transport to reflect comments submitted by Members since the previous meeting. It was agreed to take forward a proposal by my Department to conduct a study of transport links between member Administrations. The Northern Ireland Administration presented a paper on road safety. It was agreed that an exchange of views on driving and misuse of drugs would be of benefit to all members. It was agreed that a paper defining the objectives of a workshop on this topic would be prepared and circulated. Regarding regional airlinks, it was noted that the United Kingdom was due to publish a White Paper on the subject following an extensive consultation process. Regarding PPP, it was agreed that it would be useful for Northern Ireland to investigate the possibility of holding a seminar on this topic focusing on transportation needs.

At the meeting of 5 November 2004, the agenda focused on the agreed BIC work programme objectives. On integrated transport, the lead Administration proposed to circulate revised terms of reference for a scoping study intended to lead to more detailed research. It was proposed that relevant experts would evaluate various PPP models, with a view to making a recommendation on any aspects of the subject, which would form the basis for further work within the BIC transport group.

The workshop on driving and misuse of drugs, which was held on 8 March 2004, was also discussed and it was noted that further work on research in this area was proposed. It was agreed that the issue of mutual recognition of driving disqualifications would be considered for future co-operation and consultation by BIC member Administrations. The lead Administration circulated a draft transport work programme paper for a future BIC summit to be hosted in Northern Ireland.

The agenda and minutes of the meeting of 27 July 2005 included road safety issues, integrated transport and PPPs. Regarding road safety, there was a discussion on the legal complexities associated with the issue of mutual recognition of driving disqualifications and penalty points. It was noted that work on a bilateral agreement between Ireland and the United Kingdom on mutual recognition of driving disqualifications was progressing. It was also noted that a meeting of research experts would be arranged to examine the scope for closer co-operation in the area of driving and misuse of drugs. Regarding integrated transport, it was proposed that the group should consider redefining the objectives or content of this particular element of the BIC work programme. On PPPs, it was proposed that Administrations would identify relevant experts to participate in a workshop to share experience and expertise in the PPP area, given the different approaches adopted in each Administration.

The most recent meeting of the BIC transport group was held on 25 November 2005. The purpose of the meeting was to discuss an agenda for the ministerial meeting and to agree a work programme for officials in preparation for that meeting. Minutes of the meeting have not yet been circulated.

Regarding the drugs and driving workshop of 8 March 2004, the overall aim was to share information on action required to deal with the problem of drug driving within BIC Administrations from the enforcement, legislative, technical and research perspectives. A further workshop focusing on research in this area is currently being arranged. It is anticipated that a report of findings will issue following the workshop.

Departmental Estimates.

Róisín Shortall

Ceist:

164 Ms Shortall asked the Minister for Transport, further to Question No. 174 of 24 November 2005, the breakdown of all expected receipts under the categories to F2, F8 and F9. [37427/05]

The breakdown of expected receipts under F2, F8 and F9 is as follows:

F2 Road Transport Licences — 2006 Breakdown

€000’s

Haulage Licences

596

Passenger Licences

5

Total

601

Road transport licences consist of road freight carriers' licences and road passenger transport operators' licences, both for new entrants to the profession and for renewals and amendments of existing licences. The income generated by this activity can vary from year to year. The appropriations-in-aid for bus licensing are also incorporated in this subhead.

F8 Driving Test Fees — 2006 Breakdown

€000’s

Driving Test Fees

7,300

This figure consists of fees in respect of driving test applications the Department receives.

F9 National Toll Roads — 2006 Breakdown

€000’s

National Toll Roads

18,000

Under the West Link toll agreement, National Toll Roads Limited, NTR, is obliged to pay an annual licence fee — also known as the State's share of gross toll revenue — to the Minister for Transport for the benefit of the Exchequer once traffic volumes exceed 27,000 vehicles per day. NTR is obliged to meet all costs relating to the toll scheme out of toll revenue and then pay the annual licence fee. The revenue to be received in 2006 is based on 2005 traffic volumes.

Public Transport.

Róisín Shortall

Ceist:

165 Ms Shortall asked the Minister for Transport the CIE and RPA fares and fare increases approved by him or his predecessors since 2000 with a breakdown for each fare increase in respect of Dublin Bus, Bus Éireann and Iarnród Éireann; and if he will make a statement on the matter. [37428/05]

The following increases in CIE fares were made with ministerial authorisation since 2000: January 2000 — across the board increase averaging 5.5%; December 2002 — across the board increase averaging 9%; January 2004 — across the board increase averaging 3.2%; and January 2005 — an increase of 3.5% in fares revenue yield. There have been no Luas fare increases since the introduction of the service in June 2004.

My Department is currently examining applications for fare increases from CIE and the RPA. A decision on the applications will be made shortly.

Rail Network.

Catherine Murphy

Ceist:

166 Ms C. Murphy asked the Minister for Transport the reason the interconnector between Dublin’s Heuston Station and the DART line will take ten years to complete; and if he will make a statement on the matter. [37477/05]

The interconnector is intended to be the final phase of a programme to extend and reconfigure the DART and suburban services and to provide higher capacities, frequencies and integration of services to meet forecast demand levels in the Dublin inner-suburban area and to develop an integrated transport system for the capital.

The phased programme involves implementation initially of projects to meet short to medium-term demand levels, including the city-centre resignalling project, the quadrupling of a critical section of the Kildare line between Cherry Orchard and Hazelhatch, the opening of a new station in the Docklands, and the opening of the first phase of the Navan rail link as far as Pace, near Dunboyne.

While these projects are under way, detailed technical, planning and design studies, as well as the railway order and procurement processes, will be completed for the interconnector. Construction will start in time to achieve completion of the tunnel, the underground stations and the electrification programme by 2015, thus providing the additional capacity required on the suburban rail network for longer-term needs.

It is considered this phased approach to implementing Transport 21 is adequate to address changing demand levels. It also addresses the management of the construction programme by, for example, phasing tunnelling work in the city centre, with tunnelling work on metro north preceding the interconnector. It makes sense for the perspective of the effective management of the overall capital envelope.

Harbours and Piers.

Breeda Moynihan-Cronin

Ceist:

167 Ms B. Moynihan-Cronin asked the Minister for Community, Rural and Gaeltacht Affairs if money has been expended by his Department to date in 2005 on the development of piers on the Great Blasket Island and at Dún Chaoin, Contae Chiarraí; the amount of money set aside for future expenditure on these projects; and if he will make a statement on the matter. [37337/05]

I refer the Deputy to my replies to Questions Nos. 426 of 15 November and 452 of 22 November 2005.

Drug Rehabilitation Projects.

Tony Gregory

Ceist:

168 Mr. Gregory asked the Minister for Community, Rural and Gaeltacht Affairs if his Department can assist the North West Training and Development Project, Dublin 7, which provides rehabilitation to stabilised drug users, in its efforts to obtain core funding; and if he will make a statement on the matter. [37367/05]

The North West Training and Development Project is currently in receipt of core funding of approximately €80,000 per annum as part of the north inner city local drugs task force development plan. In addition, FÁS provides funding through its special category community employment scheme for the trainees and supervisor of the project. Issues concerning the provision and funding of staff positions have been brought to the attention of the Department and are being examined.

Question No. 169 withdrawn.

Grant Payments.

Ned O'Keeffe

Ceist:

170 Mr. N. O’Keeffe asked the Minister for Agriculture and Food if payment of the EU single payment will issue to a person (details supplied) in County Cork by post instead of direct lodgement to their bank account as was their original choice. [37380/05]

Payment under the single payment scheme has been posted directly to the person named, as requested.

Rural Environment Protection Scheme.

Gerard Murphy

Ceist:

171 Mr. G. Murphy asked the Minister for Agriculture and Food the position regarding a person (details supplied) in County Cork. [37429/05]

The person named had an on-farm inspection on 14 November 2005. The inspector raised possible issues of non-compliance and these are currently being examined. If a decision is taken to apply penalties, the person named will be notified and will be told that he is entitled to appeal the decision locally and that if he is unsuccessful, he has a further avenue of appeal to the independent agricultural appeals office. I would not expect this process to be concluded for a number of weeks.

When a penalty is imposed, accounting procedures laid down by the European Commission mean that it must be recorded on my Department's accounts system and must be recovered at the first available opportunity. It is, however, open to a person in this situation to make a case to my Department for the penalty to be recovered over an agreed period, and my Department takes a sympathetic approach to these requests.

Grant Payments.

Gerard Murphy

Ceist:

172 Mr. G. Murphy asked the Minister for Agriculture and Food the moneys which will be awarded to a person (details supplied) in single payments and entitlements in 2005/2006 and 2006/2007; and if she will make a statement on the matter. [37430/05]

The person named submitted an application under the 2005 single payment scheme. As the person named was not an applicant under the livestock and/or arable aid schemes during the reference period 2000-02, no entitlements have been established under the single payment scheme.

The person named also submitted an application for an allocation of entitlements from the national reserve under category D, which caters for farmers who commenced farming after 31 December 2002 or who commenced farming in 2002 but who received no direct payments in respect of that scheme year. The position is that over 23,000 applications for an allocation of entitlements from the national reserve were received when account is taken of farmers who applied under more than one category. Processing of these applications is continuing and the intention is to make allocations to successful applicants early in 2006. The Department will be in touch with individual applicants as soon as their applications are fully processed.

Rural Environment Protection Scheme.

Denis Naughten

Ceist:

173 Mr. Naughten asked the Minister for Agriculture and Food the acreage of land covered by REP scheme plans; the acreage of such plans which are designated and proposed to be designated under the special area of conservation, special protection area and national heritage area; and if she will make a statement on the matter. [37433/05]

The total area covered by REPS plans is 1,714,753 hectares. This includes 139,141 hectares of non-commonage land consisting of special areas of conservation, special protection areas and natural heritage areas. There are also 188,914 hectares of commonage in REPS. This includes both designated and undesignated land but a breakdown is not readily available.

Land Policy.

Denis Naughten

Ceist:

174 Mr. Naughten asked the Minister for Agriculture and Food the provisions of section 3 of the Land Act 2005; and if she will make a statement on the matter. [37438/05]

Section 3 of the Land Act 2005 makes legislative provision for the Minister for Agriculture and Food to introduce, by regulation, a scheme whereby persons in possession of land which is subject to a land purchase annuity in respect of which the annual sum payable is greater than €200 may, if there are no unpaid arrears of such annuity, apply to redeem the annuity concerned by a single payment equal to 75% of the redemption price of such annuity. It is my intention that the scheme will commence on 1 January 2006 and end on 30 June 2006.

Sugar Beet Production.

John McGuinness

Ceist:

175 Mr. McGuinness asked the Minister for Agriculture and Food, further to a previous parliamentary question regarding the pension fund at Greencore, her views on the issues raised in view of the fact that a deal has been struck with the EU; and if she will make a statement on the matter. [37448/05]

The sugar reform package agreed by the Council of Agriculture Ministers last week includes a voluntary restructuring scheme to encourage sugar factory closures and the renunciation of sugar quota. In the event that sugar production ceases in Ireland, the restructuring fund would provide compensation for the economic, social and environmental costs involved. At least 10% of the fund would be used to compensate sugar beet growers and machinery contractors notably for losses arising from investment in specialised machinery. This amount may be increased by member states after consultation of interested parties as long as the financial breakdown of the elements of the restructuring plan is kept balanced according to a sound economic proposal.

The formal legal texts giving effect to the reform agreement will be adopted by the Council of Ministers early next year after the opinion of the European Parliament has been received. The Commission will then come forward with proposals for detailed implementing regulations. It is my intention to examine all aspects of the operation of the restructuring scheme at that stage.

Compensation Schemes.

John McGuinness

Ceist:

176 Mr. McGuinness asked the Minister for Agriculture and Food if a compensation agreement in the case of a person (details supplied) in County Kilkenny will be expedited; the number of sheep farmers involved; and if she will make a statement on the matter. [37449/05]

I will communicate in detail with the Deputy over the next few days on this case.

Fur Farming.

Dan Boyle

Ceist:

177 Mr. Boyle asked the Minister for Agriculture and Food the number of persons who are employed full-time and part-time on fur farms here. [37459/05]

Under the Musk Rats Act 1933 (Application to Mink) Order 1965, the keeping of mink is prohibited except under licence from my Department. Licences are issued under this legislation only if the applicant, following an inspection carried out by officials from my Department, is found to be compliant with a number of key conditions. There are six licensed fur farms operating in the country at present. The specific figures sought by the Deputy on numbers of persons employed on fur farms is not required under legislation and is not collected by my Department.

Dan Boyle

Ceist:

178 Mr. Boyle asked the Minister for Agriculture and Food the total number and average cost of inspections carried out by departmental inspectors of fur farms in 2004 and to date in 2005. [37461/05]

Under the Musk Rats Act 1933 (Application to Mink) Order 1965, the keeping of mink is prohibited except under licence from my Department. There are six licensed fur farms operating in the country at present. The conditions for a licence set out, in accordance with the legislation, the nature of the premises upon which mink may be kept, the precautions to be taken to prevent the escape of mink, the duration of the licence and the returns to be made by the licence holder.

Fur farming is regulated for animal welfare purposes by the provisions of the Protection of Animals kept for farming purposes Act 1984 and by the European Communities (Protection of Animals kept for farming purposes) Regulations 2000 which transposes the provision of EU Directive 98/58/EC concerning the protection of animals kept for farming purposes. Licensed fur farms are inspected by officials from my Department to assess compliance with this legislation and with the European Communities (Protection of Animals at Time of Slaughter) Regulations 1995 and the Council of Europe recommendations concerning fur animals.

The total cost of inspections carried out by inspectors from my Department was €6,689 in 2004 and €6,859 in 2005. The average cost of these inspections was €446 in 2004 and €381 in 2005.

Dan Boyle

Ceist:

179 Mr. Boyle asked the Minister for Agriculture and Food the annual licence fee paid by a fur farm operator. [37462/05]

An annual fee of €350 has been charged to date and the fee is currently under review.

Dan Boyle

Ceist:

180 Mr. Boyle asked the Minister for Agriculture and Food the average duration to death recorded by Government veterinary inspectors when they have witnessed animals being slaughtered on fur farms. [37463/05]

Owners of fur farms where animals are being slaughtered are obliged to comply with the European Communities (Protection of animals at time of slaughter) Regulations 1995. The legislation lays down the specific requirements of the systems used for the on-farm slaughter of fur animals. The specific requirements of this legislation do not require the recording of the average duration to death of animals which are being slaughtered. My Department is committed to ensuring compliance with EU and national legislation and that best practices are observed during slaughter of animals on fur farms.

Grant Payments.

Paul Kehoe

Ceist:

181 Mr. Kehoe asked the Minister for Agriculture and Food when a person (details supplied) in County Wexford will receive the single farm payment; if same will be received before mid-December 2005; and if she will make a statement on the matter. [37527/05]

Payment under the single payment scheme issued to the person named today.

Children’s Rights.

Caoimhghín Ó Caoláin

Ceist:

182 Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform the reason Ireland’s second report to the UN Committee on the Rights of the Child refers to the administrative procedures in place for family reunification for migrants not covered under the Refugee Act 1996 but does not identify, or address, the implementation of said procedures; his views that the Government’s policy of denying visas to the minor children of parents granted leave to remain violates Articles 9 and 10 of the UN Convention on the Rights of the Child; and if he will make a statement on the matter. [37361/05]

The Deputy will be aware that at present there is no specific legislation governing family reunification for migrants who are not refugees. There are a set of administrative procedures in place for non-refugees, which are reviewed on an ongoing basis by my Department. The report to the UN committee on the rights of the child states that the overall objective of these procedures is to facilitate family reunion where appropriate. The Deputy will also be aware that the forthcoming Immigration and Residence Bill will provide a specific statutory base for family reunification for migrants.

With regard to family reunification for parents granted leave to remain, I am of the strong view that the policy pursued by my Department is not only justified but essential. It is not in breach of the UN convention. It must be borne in mind that family reunification for certain categories of persons granted leave to remain can be achieved by the departure of the family members from the State to rejoin the other family members who are abroad in the country of origin or of habitual residence. Public policy considerations justify any difference of general approach which may occur in these cases as against others.

Asylum Applications.

Bernard J. Durkan

Ceist:

183 Mr. Durkan asked the Minister for Justice, Equality and Law Reform the meaning of “false passport” in the case of a person (details supplied) in Dublin 6; if the reference is in respect of different information sought by the immigration authorities; if his attention has been drawn to the serious health condition of the person; the interpretation of habitual residency; and if he will make a statement on the matter. [37495/05]

I refer the Deputy to the answer I gave to Question No. 146 on 20 October 2005. It is a fundamental requirement under the IBC/05 processing arrangements that each applicant submits a valid passport or national identity card as proof of identity. The passport submitted by the applicant in this case was referred to the Garda technical bureau for verification as to its authenticity. The advice from that bureau is that the passport was not genuine. The applicant was informed of this by letter dated 30 August 2005 and requested to submit a genuine passport. The applicant submitted a genuine passport on 21 September 2005.

However, the basis for the refusal of the person's application is her failure to meet the continuous residency criteria and the submission of the earlier invalid passport was not a factor in this regard. In this context it should also be noted that continuous rather than habitual residence is the criterion to be met. A number of matters have been raised by the applicant following the refusal of her application, including matters regarding her health, and these will be taken into account by me in the context of consideration of the file under the terms of section 3 of the Immigration Act 1999 as amended.

Registration of Title.

Denis Naughten

Ceist:

184 Mr. Naughten asked the Minister for Justice, Equality and Law Reform when a decision will be made on an application for a person (details supplied) in County Roscommon; the reason for the delay in same; and if he will make a statement on the matter. [37343/05]

I inform the Deputy that I have requested the Land Registry to contact him directly concerning the current position of the application in question.

Garda Stations.

Joe Walsh

Ceist:

185 Mr. Walsh asked the Minister for Justice, Equality and Law Reform his plans to provide a new Garda station in Dunmanway, County Cork; and if he will make a statement on the matter. [37344/05]

There is a project under way to address the accommodation requirements of the gardaí in Dunmanway by way of refurbishment and extension of the existing Garda station. Plans in that regard are being urgently advanced by the Office of Public Works which is actively engaged in negotiations relating to the acquisition of a strip of ground to the rear of the station. As soon as this process is complete the refurbishment works will commence.

Asylum Applications.

John McGuinness

Ceist:

186 Mr. McGuinness asked the Minister for Justice, Equality and Law Reform if he will consider the decision taken in the case of a person (details supplied) in County Kilkenny and give them leave to stay here on humanitarian grounds; and the status of their case; and if he will make a statement on the matter. [37364/05]

The person concerned arrived in the State on 10 July 2000 and applied for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the Office of the Refugee Appeals Tribunal.

He was informed by letter dated 1 May 2002 that the Minister proposed to make a deportation order in respect of him and afforded three options under section 3(3)(b)(ii) of the Immigration Act 1999, as amended, namely: to make representations to the Minister setting out the reasons he should be allowed to remain in the State; to leave the State voluntarily; or to consent to the making of a deportation order.

His case was examined under section 3(6) of the Immigration Act, 1999 as amended, and section 5 of the Refugee Act 1996, prohibition of refoulement. Consideration was given to all representations received on his behalf. On 11 December 2003, a deportation order was signed in respect of the person concerned. Notice of this order was served by registered post requiring him to present to the gardaí in Kilkenny on Thursday, 22 January 2004, in order to make arrangements for his deportation from the State. He presented as requested and was given further presentation dates which he kept. He is due to present again to the Garda national immigration bureau on Tuesday, 13 December 2005 at 2 p.m.

An application was made by his legal representatives to me under section 17(7) of the Refugee Act 1996, as amended, seeking re-admission to the asylum process. This application has been rejected and was communicated to his legal representatives by letter dated 29 August 2005. The enforcement of the deportation order is now an operational matter for the Garda national immigration bureau.

Garda Deployment.

Cecilia Keaveney

Ceist:

187 Cecilia Keaveney asked the Minister for Justice, Equality and Law Reform when a Garda sergeant will be appointed for a station (details supplied) in County Donegal; and if he will make a statement on the matter. [37378/05]

I am informed by the Garda authorities, who are responsible for the detailed allocation of resources, including personnel, that the personnel strength of Malin Garda station as of 29 November 2005 was two gardaí. The allocation of personnel with a division is a matter for the local chief superintendent. I am informed by local Garda management that, at present, the sergeant in charge at Carndonagh Garda station has policing responsibility for the area until a replacement sergeant is allocated to Malin Garda station.

I am further informed that every effort is made to fill vacancies that arise as a result of retirements, promotions etc., in conjunction with the allocation of newly attested gardaí and newly promoted personnel. Garda management also states that the number of Garda personnel assigned throughout the country, together with overall policing arrangements and operational strategy, is continually monitored and reviewed. Such monitoring ensures that optimum use is made of Garda resources, and that the best possible policing service is provided to the general public.

With regard to Garda resources generally, the accelerated recruitment campaign to reach a record force strength of 14,000, in line with the commitment in An Agreed Programme for Government, is fully on target. This will lead to a combined strength, of 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. The needs of the Donegal division will be fully considered within the overall context of the needs of Garda divisions throughout the country.

Visa Applications.

Caoimhghín Ó Caoláin

Ceist:

188 Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform if his Department has retained the passports of persons (details supplied) whose visa applications were approved on 8 November 2005, but who have not been contacted by the Department of Foreign Affairs, which says it has been notified of the approval but can do nothing until it receives the passports from the visa section at the Department of Justice, Equality and Law Reform; and if he will ensure the passports are forwarded immediately in order that the family can at last be reunited. [37382/05]

I can advise the Deputy that the passports in question have now been sent to the Department of Foreign Affairs and will be forwarded to the individuals concerned immediately.

Road Traffic Offences.

Joe Costello

Ceist:

189 Mr. Costello asked the Minister for Justice, Equality and Law Reform the number of prosecutions for driving under the influence of drugs other than alcohol in each of the past five years; the number of convictions obtained in each of the past five years; the sentence imposed in each conviction obtained; and if he will make a statement on the matter. [37384/05]

I regret that the information requested by the Deputy is not readily available and is currently being researched. I will be in contact with the Deputy on this matter in due course.

Closed Circuit Television Systems.

Willie Penrose

Ceist:

190 Mr. Penrose asked the Minister for Justice, Equality and Law Reform if he has received an application for a closed circuit television scheme for an area (details supplied); if same will be progressed; and if he will make a statement on the matter. [37410/05]

The day to day administration of the community based CCTV scheme is undertaken on my behalf by Pobal, formerly Area Development Management Ltd., which has been engaged by my Department to carry out thorough assessments of all applications for grant assistance under the scheme.

Applications for funding will be assessed against the criteria set out in the application guidelines, which were published on the websites of both Pobal and my Department, with a view to forming a list of projects suitable for funding under the scheme. I am informed by Pobal that an application for stage 2 funding has been received from the group referred to by the Deputy. On completion of the assessment process, and subject to it, qualifying applications will be forwarded for consideration to the community CCTV project board, which is chaired by my Department, and includes representatives of the Department of Community, Rural and Gaeltacht Affairs, the Department of the Environment, Heritage and Local Government, the Chambers of Commerce of Ireland, Pobal and the Garda Síochána.

The project board will make funding recommendations on each qualifying application to me before I make a final decision on the matter. I am further informed by Pobal that the process of evaluation and assessment of applications is under way and that recommendations will be made to the project board very shortly.

Garda Deployment.

Joe Costello

Ceist:

191 Mr. Costello asked the Minister for Justice, Equality and Law Reform the number of gardaí serving in each of the Garda stations in the constituency of Cork South-West; and if he will make a statement on the matter. [37412/05]

I refer the Deputy to my reply to Question No. 475 of 22 November 2005, which provided details of the numbers of Garda personnel serving in every station in County Cork. Constituency boundaries do not correspond or relate to Garda divisional, district or sub-district boundaries.

Asylum Applications.

Jan O'Sullivan

Ceist:

192 Ms O’Sullivan asked the Minister for Justice, Equality and Law Reform if he will make a decision on leave to remain here with regard to a person (details supplied); and if he will make a statement on the matter. [37414/05]

The person concerned arrived in the State on 20 November 2000 and applied for asylum. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. Subsequently, in accordance with section 3 of the Immigration Act 1999, as amended, she was informed by letter dated 31 October 2003, that the Minister proposed to make a deportation order in respect of her. She was given the options, to be exercised within 15 working days, of making representations to the Minister setting out the reasons she should be allowed to remain temporarily in the State; leaving the State before an order is made; or consenting to the making of a deportation order. Representations have been received on behalf of the person concerned.

This person's case file, including all representations submitted, will be considered under section 3(6) of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996, prohibition of refoulement. I expect the file to be passed to me for decision in due course.

Road Traffic Offences.

Eamon Ryan

Ceist:

193 Mr. Eamon Ryan asked the Minister for Justice, Equality and Law Reform the grounds on which he has awarded the Garda Síochána the general supervisory role in the management of the calibration and accuracy of privatised speeding cameras; and the reason the NSAI, which is legally mandated to carry out such a role, has been overlooked. [37415/05]

I refer the Deputy to my answer to Parliamentary Question No. 366 of 29 November 2005.

Deportation Orders.

Pat Carey

Ceist:

194 Mr. Carey asked the Minister for Justice, Equality and Law Reform if a person (details supplied) in Dublin 11 can remain here; and if he will make a statement on the matter. [37416/05]

The person concerned, a Nigerian national, arrived in the State on 6 May, 2005 and claimed asylum. His application was refused following consideration of his case by the office of the Refugee Applications Commissioner on 22 June, 2005. His subsequent appeal was refused by the office of the Refugee Appeals Tribunal and he was notified of this recommendation by letter on 12 September, 2005. He was notified of the decision to refuse him refugee status by letter on 14 November 2005 in which he was informed of the three options open to him at that point: to leave the State before his case was considered for deportation; consent to the making of a deportation order in respect of him; or make written representations, within 15 working days, to the Minister for Justice, Equality and Law Reform setting out the reasons why he should not be deported and why he should be allowed remain temporarily in the State.

This person's case file, including all representations submitted, will be considered under section 3 of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996. I expect the file to be passed to me for decision in due course.

Garda Investigations.

Róisín Shortall

Ceist:

195 Ms Shortall asked the Minister for Justice, Equality and Law Reform the technical expertise in relation to road surfaces and road engineering within or available to the Garda Síochána for the investigation of fatal road accidents; the number of personnel who are technically qualified to determine the extent to which the road surface is a contributory factor in the accident; the way in which such personnel are deployed; the typical percentage of fatal road accidents that such personnel investigate; and if he will make a statement on the matter. [37420/05]

I regret that it has not been possible in the time available to obtain the information requested by the Deputy. I will be in contact with the Deputy in relation to this matter when it becomes available.

Garda Operations.

Róisín Shortall

Ceist:

196 Ms Shortall asked the Minister for Justice, Equality and Law Reform the cost to the Garda Síochána of storing seized vehicles for the past three years for which figures are available; and the estimated cost in 2006. [37424/05]

Róisín Shortall

Ceist:

197 Ms Shortall asked the Minister for Justice, Equality and Law Reform the amount raised by the Garda Síochána through the sale of seized vehicles in the past three years for which figures are available; and his estimate for 2006. [37425/05]

Róisín Shortall

Ceist:

198 Ms Shortall asked the Minister for Justice, Equality and Law Reform the amount raised by the Garda Síochána through fines and penalties against owners of seized vehicles in the past three years for which figures are available; and his estimate for 2006. [37426/05]

I propose to take Questions Nos. 196 to 198, inclusive, together.

I have been informed by the Garda authorities that generally seized vehicles are stored on Garda premises and as such there are no incremental costs to the Garda Vote. The cost of any storage facilities outside of Garda premises is included in the overall costs to the Garda Síochána of all hire and rental expenses. It is not recorded separately and cannot be quantified.

I am further informed that the amounts raised through the sale of seized vehicles are included in moneys accrued to the state through the sale of all property forfeited to the State and is not recorded separately. I am also further informed that the amounts raised through seizures under section 41 of the Road Traffic Act 1994 in the past four years are as follows: 2002 —€569,290; 2003 —€641,604; 2004 —€769,789; and 2005 to 29 November —€965,176.

Residency Permits.

Brian O'Shea

Ceist:

199 Mr. O’Shea asked the Minister for Justice, Equality and Law Reform when a decision will be reached on the residency application on the basis of an Irish-born child of persons (details supplied) in County Meath; and if he will make a statement on the matter. [37446/05]

The applicants in question applied for permission to remain in the State on the basis of having an Irish-born child prior to 1 January 2005, in accordance with the revised arrangements announced by me on 15 January 2005, on 1 March 2005. Some 18,000 applications were received by the closing date of 31 March 2005 of which almost 17,000 have now been processed to conclusion. The applications of the persons in question are currently being processed and my Department officials will be in contact with them shortly with a decision.

Deportation Orders.

Brian O'Shea

Ceist:

200 Mr. O’Shea asked the Minister for Justice, Equality and Law Reform if he will review the case of a leaving certificate student (details supplied) in County Meath in regard to family unity; and if he will make a statement on the matter. [37447/05]

The person concerned arrived in the State on 10 August 2003 and applied for asylum. His application was refused following consideration of his case by the office of the Refugee Applications Commissioner and, on appeal, by the office of the Refugee Appeals Tribunal. He was informed by letter dated 11 October 2004, that the Minister proposed to make a deportation order in respect of him and afforded three options under section 3(3)(b)(ii) of the Immigration Act 1999, as amended: to make representations to the Minister setting out the reasons he should be allowed to remain in the State; to leave the State voluntarily; or to consent to the making of a deportation order.

His case was examined under section 3(6) of the Immigration Act 1999 as amended, and section 5 of the Refugee Act 1996. Consideration was given to all representations received on his behalf. On 25 January 2005, a deportation order was signed in respect of the person concerned. Notice of this order was served by registered post requiring him to present to the Garda National Immigration Bureau, 13-14 Burgh Quay, Dublin 2, on Thursday, 24 February 2005, in order to make arrangements for his deportation from the State. He was given a further presentation date of 6 October 2005 to enable him to complete his leaving certificate examinations. He presented as requested and was given further presentation dates which he kept, culminating in his most recent presentation date to the gardaí in Drogheda at 4.30 p.m. on last Tuesday, 29 November 2005. He presented as required and was given a further presentation date of Thursday, 12 January 2006 in Drogheda at 4.30 p.m.

The enforcement of the deportation order is now an operational matter for the bureau. Notwithstanding this fact, I have requested the bureau, for family and domestic reasons, not to enforce the deportation order of the person concerned, until the result of an application for residency by his parents, under the revised arrangements for processing claims for permission to remain in the State from the non-national parents of Irish-born children, is known.

Child Care Services.

Cecilia Keaveney

Ceist:

201 Cecilia Keaveney asked the Minister for Justice, Equality and Law Reform the position in relation to a staffing and capital grant for a group (details supplied) in County Donegal; and if he will make a statement on the matter. [37453/05]

The equal opportunities childcare programme, EOCP, 2000-06 has an equal opportunities and social inclusion perspective and facilitates the further development and expansion of child care facilities to address the needs of parents in reconciling their child care needs with their participation in employment, education and training.

With regard to the community based group referred to by the Deputy, applications for capital and staffing grant assistance were submitted to my Department. Each application for assistance under the EOCP undergoes a thorough assessment by Pobal, formerly known as Area Development Management Limited, which is engaged by my Department to operate the day to day implementation of the programme. On completion of the assessment process, applications are then considered by the programme appraisal committee, chaired by my Department, before a final decision is made regarding funding. I understand from inquiries I have made that decisions in respect of these applications are being finalised, following which the group will be advised of the outcome.

Deportation Orders.

Dan Boyle

Ceist:

202 Mr. Boyle asked the Minister for Justice, Equality and Law Reform the reason a person (details supplied) has not been granted leave to remain here, in view of the fact that they are not seeking status here. [37464/05]

The person concerned arrived in the State on 29 September 2001 with a valid work permit and was given permission to remain until 24 April 2002, the date his work permit expired. He has remained in the State without permission since this date. Subsequently, in accordance with section 3 of the Immigration Act 1999, as amended, he was informed by letter on 6 October 2005 that the Minister proposed to make a deportation order in respect of him. He was given the options, to be exercised within 15 working days, of making representations to the Minister setting out the reasons he should be allowed to remain temporarily in the State, leaving the State before an order is made or consenting to the making of a deportation order.

This person's case file, including all representations submitted, will be considered under section 3(6) of the Immigration Act 1999, as amended, and section 5 of the Refugee Act 1996. I expect the file to be passed to me for decision in due course.

Garda Operations.

Catherine Murphy

Ceist:

203 Ms C. Murphy asked the Minister for Justice, Equality and Law Reform the plans in place both in the short-term and long-term to provide an increased Garda presence in towns (details supplied) in order to tackle the recurrence of crimes such as burglary and car theft; and if he will make a statement on the matter. [37504/05]

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 Leixlip, Celbridge, Maynooth and Kilcock Garda stations, as at 30 November 2005, was as set out in the following table.

Station

Strength

Leixlip

26

Celbridge

18

Maynooth

15

Kilcock

5

I am further informed that local Garda management is satisfied that the existing available resources attached to the above stations are utilised efficiently to police each sub-district. Garda management also states that Garda personnel assigned throughout the country, together with the overall policing arrangements and operational strategy, are constantly monitored and reviewed. Such monitoring ensures that optimum use is made of Garda resources.

In relation to Garda resources generally, the accelerated recruitment campaign to reach a record force strength of 14,000, in line with the commitment in An Agreed Programme for Government, is fully on target. This will lead to a combined strength, of both attested gardaí and recruits in training, of 14,000 by the end of 2006. The Garda Commissioner will now be drawing up plans on how best to distribute and manage these additional resources and, in this context, the needs of the stations referred to by the Deputy will be fully considered within the overall context of the needs of Garda stations throughout the country.

Crime Levels.

Catherine Murphy

Ceist:

204 Ms C. Murphy asked the Minister for Justice, Equality and Law Reform the number of incidents of burglary and car theft in towns (details supplied) which have been reported to the Garda Síochána each year since 1999; the number of these crimes which have resulted in the apprehension and subsequent prosecution of offenders; if he has satisfied himself that sufficient resources have been made available to the Garda Síochána in order to effectively police the towns concerned; if crimes of this nature will be investigated; and if he will make a statement on the matter. [37505/05]

I regret that it has not been possible in the time available to obtain the information requested by the Deputy. I will be in contact with the Deputy in relation to this matter when it becomes available.

Child Care Services.

Liam Aylward

Ceist:

205 Mr. Aylward asked the Minister for Justice, Equality and Law Reform when a child care grant will issue to persons (details supplied) in County Kilkenny. [37506/05]

Capital grant assistance of €50,790 was approved under the Equal Opportunities Childcare Programme, EOCP 2000-2006, in respect of an application from the private providers in question. This approval is subject to the private provider's satisfactory compliance with any conditions regarding the development and completion of the project.

Pobal, formerly known as Area Development Management Ltd., which is engaged to administer the EOCP on behalf of my Department, is in dialogue with the private providers and is awaiting further information from them in order to progress the conclusion of a contractual agreement, which is necessary in order for the grant to be drawn down.

Citizenship Applications.

Bernard J. Durkan

Ceist:

206 Mr. Durkan asked the Minister for Justice, Equality and Law Reform the procedure to be followed to obtain citizenship in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [37507/05]

Applications for certificates of naturalisation from the three persons referred to by the Deputy were received in the citizenship section of my Department in September 1999. The applications were considered under the provisions of the Irish Nationality and Citizenship Act 1956, as amended, and it was decided not to grant certificates at that time.

Based on the details supplied by the Deputy, and information on file about the previous applications, it appears that the most appropriate route to Irish citizenship for the persons concerned is the naturalisation process. Since the statutory requirements for naturalisation have changed since 1999, I have set out some general information about this process.

The Minister for Justice, Equality and Law Reform may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. Those conditions are that the applicant must be of full age, or by way of exception, be a minor born in the State, be of good character, have had a period of one year's continuous residency in the State immediately before the date of the application and, during the eight years immediately preceding that period, have had a total residence in the State amounting to four years. The applicant must intend in good faith to continue to reside in the State after naturalisation, and have made, either before a judge of the District Court in open court, or in such a manner as the Minister, for special reasons allows, a declaration in the prescribed manner, of fidelity to the nation and loyalty to the State.

It should be noted that in the context of naturalisation certain periods of residence in the State are excluded. These include periods of residence in respect of which an applicant does not have permission of the Minister to remain in the State, or where such permission was granted for the purposes of study or seeking recognition as a refugee within the meaning of the Refugee Act 1996.

The three applicants involved are aged 26, 21 and 24, respectively, and must apply for naturalisation in their own right. Further information and the necessary application forms may be obtained from my Department's website, www.justice.ie, or by telephoning the citizenship section helpline on Tuesdays or Thursdays between 10 a.m. and 12.30 p.m. at Lo-call 1890 551 500 or 01 6167700.

Residency Permits.

Bernard J. Durkan

Ceist:

207 Mr. Durkan asked the Minister for Justice, Equality and Law Reform the position in regard to an application for a person (details supplied) in County Meath; and if he will make a statement on the matter. [37508/05]

The applicant in question arrived in the State on 2 January 2005 and applied for asylum on 6 January 2005. The child in question was born on 2 January 2005. The applicant submitted an application for permission to remain in the State on the basis of being the parent of an Irish born child born prior to 1 January 2005, under the revised arrangements announced by me on 15 January 2005. Following the citizenship referendum of 2004 and the subsequent Immigration and Citizenship Amendment Act 2004 which came into effect on 1 January 2005, a child born in Ireland after 1 January 2005 is no longer automatically entitled to Irish citizenship by virtue of being born in Ireland. The applicant parent does not qualify to be considered for residency under the revised arrangements because the child in question was born after 1 January 2005.

Visa Applications.

Bernard J. Durkan

Ceist:

208 Mr. Durkan asked the Minister for Justice, Equality and Law Reform when a multi-visit or joint visa will issue in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [37509/05]

The visa application was refused at the visa office in Moscow on a number of grounds, details of which have been provided to the applicant.

An appeal of the decision to refuse the visa application was subsequently submitted. The visa appeals officer upheld the original decision not to grant the visa. As each application is entitled to only one appeal, no further review can be facilitated. It is open to the person in question to make a fresh application at any time.

Higher Education Grants.

Paul Kehoe

Ceist:

209 Mr. Kehoe asked the Minister for Education and Science the status of the higher education grant application for a person (details supplied) in County Wexford referred to her Department by County Wexford Vocational Educational Committee; when a decision will be made; and if she will make a statement on the matter. [37328/05]

The higher education grants scheme operates under the Local Authorities (Higher Education Grants) Acts 1968 to 1992. These Acts define a mature student to mean a person of not less than 23 years of age, or such other age as may stand specified for the time being in regulations made by the Minister with the consent of the Minister for Finance, who have secured places in approved institutions and have reached that age on the first day of January, or such other date as may be prescribed from time to time by the Minister with the consent of the Minister for Finance, in the year of entry to such institutions.

Mature students are categorised as either independent mature students or mature students dependent on parents. An independent mature student is defined to mean a mature student who was not ordinarily resident at home with his or her parents from the October preceding their entry to an approved course. Independent mature students are assessed without reference to either their parents' income or address.

In order to establish that a candidate is an independent mature student documentary evidence is required as proof of a candidate's ordinary or permanent address from 1 October of the year preceding entry to college. Examples of documentary evidence required include telephone, gas or ESB bills.

The awarding authorities are obliged to satisfy themselves beyond doubt that an acceptable degree of proof is submitted by the grant applicant in establishing eligibility under all aspects of the schemes. To date the evidence submitted regarding independent status is not sufficient.

Pupil-Teacher Ratio.

Breeda Moynihan-Cronin

Ceist:

210 Ms B. Moynihan-Cronin asked the Minister for Education and Science the number of pupils in primary schools in County Kerry in class sizes of less than 20, between 21 and 30, 31 and 40 and greater than 40; the average pupil-teacher ratio in County Kerry; and if she will make a statement on the matter. [37331/05]

The Deputy should be aware that significant improvements have been made in the pupil-teacher ratio and in average class size in recent years at primary level. The most recent figure available for average class size at primary level refers to the 2003-04 school year, when the average class size was 23.9, down from 26.6 in 1996-97. The pupil teacher ratio at primary level, which includes all the teachers including learning support and resource teachers, has fallen from 22.2:1 in the 1996-97 school year to 17.1:1, projected in 2004-05. As I indicated in my statement on the recently published estimates, I have secured sufficient funding to provide even smaller classes in our primary schools in the next school year. The Minister for Finance has committed to a further reduction in class size in the following year.

The system for allocating teachers to primary schools is based on ensuring an overall maximum class of 29 in each school. Where some classes in a school have class sizes of greater than 29, it is generally because a decision has been taken at local level to use their teaching resources to have smaller numbers in other classes.

To ensure openness and transparency in the system an independent appeal board is now in place to decide on any appeals on mainstream staffing. The criteria under which an appeal can be made are set out in Department primary circular 19/02 which is also available on my Department's website.

School Services Staff.

Breeda Moynihan-Cronin

Ceist:

211 Ms B. Moynihan-Cronin asked the Minister for Education and Science the number of secondary schools which employ a caretaker on a full or part-time basis; if these caretakers are paid directly by her Department; the number who are paid through the ancillary services grant; if the ancillary services grant has been increased sufficiently in recent years to ensure that caretakers receive their due from the national wage agreements; if all caretakers have received their due under the various national wage agreements; and if she will make a statement on the matter. [37334/05]

Funding arrangements for voluntary secondary schools are structured mainly on the basis of capitation grants with additional grants for support services such as care-taking. This provides schools with considerable flexibility as to the manner in which such services are provided to cater for the needs of their pupils. Caretakers employed by schools are employees of the individual schools and my Department does not have any role in determining the numbers employed nor the terms and conditions, including pay, under which they are employed.

Significant improvements have been made in the level of funding to secondary schools. I wish to draw the Deputy's attention to my recent announcement, in the context of the 2006 estimates, that the standard per capita grant which stood at €266 per pupil will be increased by a further €12 to €298 per pupil from January next. Secondary schools will also benefit, under the school services support fund initiative, from further significant increases in the support services grant. The support grant that was increased for secondary schools from €131 per pupil in January last to €145 per pupil, will be increased by a further €14 per pupil to €159 per pupil in January next. These grants are in addition to the per capita funding of up to €40,000 per school that is provided by my Department to secondary schools towards secretarial and care-taking services.

Schools have welcomed these improvements. The provision that I have made, in the context of the 2006 Estimates, for these increases in the funding of voluntary secondary schools is a clear demonstration of my commitment to prioritise available resources towards enabling schools to meet their commitments.

School Transport.

Breeda Moynihan-Cronin

Ceist:

212 Ms B. Moynihan-Cronin asked the Minister for Education and Science when a decision will issue from her Department in respect of an application for the extension of the school bus service to an area (details supplied) in County Kerry; and if she will make a statement on the matter. [37345/05]

As I advised the Deputy in response to a parliamentary question, reference No. 32540/05, of 8 November 2005, my Department has recently conveyed its decision in this case to the relevant transport liaison officer. Under the terms of the post-primary school transport scheme, routes are planned so that, in general, no pupil will have more than 3.2 kilometres to travel to a pick-up point. Furthermore, where eligible pupils attend a school at a centre other than the post-primary centre which caters for the catchment area in which they live, they may be allowed the concession of transport from the catchment boundary of the centre attended, provided there are seats for them on a bus serving that centre.

Having considered the distances involved to the pick-up point for the children involved, and the fact that some of the children are living outside of the catchment area concerned, my Department is satisfied that a re-routing of the bus service could not be justified in this case.

Schools Building Projects.

Bernard Allen

Ceist:

213 Mr. Allen asked the Minister for Education and Science the reason the £500,000 allocated for the construction of a sports hall for the secondary school in Blarney in 1997 was not paid; the further reason for the reduction in the amount of the allocation in 1998; and if subsequent allocations were made towards construction of that sports hall. [37368/05]

A project for the provision of a physical education hall at Scoil Mhuire gan Smál, Blarney was progressed through the early stages of architectural planning during the late 1990s. I expect that this is the project to which the Deputy is referring. Due to financial constraints and competing demands the project was not progressed at that time.

Since 2003 my Department has published details of projects proceeding through the system which have been prioritised in accordance with criteria put in place following consultation with the education partners.

This project and a further project to provide additional classroom accommodation are being considered for inclusion in future announcement under the school building and modernisation programme 2005-09.

Special Educational Needs.

Tom Hayes

Ceist:

214 Mr. Hayes asked the Minister for Education and Science the position regarding the case of a person (details supplied) in County Tipperary who has appealed a decision by her Department not to allow home tuition for their child. [37371/05]

Home tuition is primarily intended to provide compensatory instruction for pupils with a medical ailment that is likely to cause major disruption to their attendance at school on a continuing basis. In recent years home tuition has been extended as an interim support for children with a significant special educational need pending the provision of an appropriate school based educational service.

My Department considers that school-based education provision is the most appropriate intervention for all children, including those with special educational needs. In this regard, home tuition is only intended as an interim measure until a suitable school placement is secured. Grant approval is based on the application details of each case and a recommendation from the Department's professionals, if required.

In the circumstances, my Department has discontinued the practice whereby children who are in full-time education provision would also be able to avail of home tuition grants.

The child referred to by the Deputy was in receipt of a home tuition grant while awaiting school placement. I can confirm that the pupil is now enrolled in a special school since September 2005. The pupil's special educational needs are being catered for in a special class for pupils with autism with a maximum pupil teacher ratio of 6:1 together with special needs assistant support. As the pupil is now in full-time education, the matter of the continuance of home tuition no longer arises. The parents were notified of this decision on 16 September 2005. The parents subsequently appealed this decision. My officials restated the Department's position in a letter to the parents on 24 October 2005.

Schools Building Projects.

Tom Hayes

Ceist:

215 Mr. Hayes asked the Minister for Education and Science when approval will be granted for a three classroom extension to a school (details supplied) in County Tipperary. [37372/05]

The school planning section of my Department recently received an application for major capital funding from the school to which the Deputy refers. The application has been assessed in accordance with the published prioritisation criteria for large-scale projects. Progress on the proposed works is being considered in the context of the school building and modernisation programme from 2006 onwards.

Residential Institutions Redress Scheme.

Paul McGrath

Ceist:

216 Mr. P. McGrath asked the Minister for Education and Science if the case of a person (details supplied) in County Westmeath will be examined; and if she will make a statement on the matter. [37386/05]

The Residential Institutions Redress Act 2002 provides a statutory scheme of financial redress for persons who, as children, were abused while in residential institutional care. The scheme applies in respect of institutions specified in the Schedule to the Act. Section 4 of the Act provides that the Minister for Education and Science may, by order, provide for the insertion in the Schedule of additional institutions in which children were placed and resident and in respect of which a public body had a regulatory or inspection function.

Since the enactment of the legislation, my Department has been contacted by individuals and-or solicitors regarding various institutions not specified in the Schedule. Following consideration of the matter and consultation with relevant public bodies, I signed an order on 9 November 2004 which provided for the inclusion of 13 additional institutions in the Schedule. A further order was made on 1 July 2005 adding three institutions to the Schedule.

The only facility under the aegis of my Department at the address of the centre to which the Deputy refers is a special school. Any residential centre for that school would not have been under the remit of my Department. I am not aware of an individual case regarding abuse as mentioned by the Deputy.

Schools Building Projects.

Jan O'Sullivan

Ceist:

217 Ms O’Sullivan asked the Minister for Education and Science if the application for an extension to a school (details supplied) in County Tipperary will be prioritised. [37387/05]

The school planning section of the Department of Education and Science recently received an application for major capital funding from the school in question. The application has been assessed in accordance with the published prioritisation criteria for large scale projects. Progress on the proposed works is being considered in the context of the school building and modernisation programme from 2006 onwards.

Special Educational Needs.

Dan Neville

Ceist:

218 Mr. Neville asked the Minister for Education and Science the position on a special needs assistant for a person (details supplied) in County Limerick. [37393/05]

Dan Neville

Ceist:

219 Mr. Neville asked the Minister for Education and Science the position on a special needs assistant and resource hours for a person (details supplied) in County Limerick. [37394/05]

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

The National Council for Special Education, established recently and operational since 1 January 2005, is responsible for processing applications for special educational needs supports. Over 70 special educational needs organisers have been recruited and are a focal point of contact for schools and parents.

My officials have been advised by the National Council for Special Education that applications have been received for special educational needs supports for the pupils in question. The local special educational needs organiser has sanctioned five hours individual resource teaching hours to each pupil. In addition, the special educational needs organiser has sanctioned the services of a full-time special needs assistant to be shared between the two pupils in question. The school authorities have been notified accordingly.

Education Funding.

Brian O'Shea

Ceist:

220 Mr. O’Shea asked the Minister for Education and Science if she will review her reply to Parliamentary Question No. 599 of 8 November 2005 (details supplied); and if she will make a statement on the matter. [37407/05]

Enormous progress has been made in the funding of second level schools since 2002, the financial year indicated in the OECD report in question. The OECD report examined changes in expenditure since the mid-1990s. It shows that public expenditure on education in Ireland has increased substantially between 1995 and 2002 at all levels, even when allowing for inflation. According to data provided by the Department of Education and Science, per pupil expenditure in Ireland, at second level, has increased by 16% from €5,845 in 2002, constant 2004 prices, to €6,788 in 2004.

Although no internationally comparable data are available for years later than 2002, the gap between expenditure here and across the OECD is likely to have narrowed further. Increased national income and public expenditure has enabled us to reduce average class size over time as well as increase expenditure on salaries and other areas of current expenditure.

In accordance with my policy of encouraging the uptake of science and technological subjects, additional equipment grants have been provided to schools at post-primary level, and laboratories continue to be refurbished as part of the ongoing schools building programme. In that context, €16 million was provided to schools in 2004 to support the implementation of the revised junior certificate science syllabus.

In the case of the student-teacher ratio, the figure for Ireland at second level has fallen from 15.8 in 1997-98 to 13.6 in 2003-04, which is in line with the international average. For school year, 2004/05, the student-teacher ratio was 13.4:1. Where a school management authority is unable to meet essential curricular commitments, the Department of Education and Science will consider applications for additional short term support. An independent appeals committee is available to school authorities who wish to appeal the adequacy of their teacher allocation.

In addition, there has been a significant improvement in the allocation of teachers who are specifically dedicated to providing education for children with special educational needs. At second-level, there are some 1,614 wholetime equivalent wholetime teachers now in place as compared to some 558 wholetime teachers in 2001-02 school year for such pupils. The number of teaching posts allocated to schools to cater for non-national pupils with significant English language deficits has increased from 113 wholetime in 2001/02 to 249 wholetime in school year 2004/05.

In addition, the Department of Education and Science has provided for a further allocation of 100 posts to guidance from September 2005. I recently announced in the 2006 Estimates, of further significant increases in the level of funding for second level schools. The standard per capita grant which stood at €256 per pupil in school year 2001/02 will be increased by a further €12 to €298 per pupil from January next. Secondary schools will also benefit, under the school services support fund initiative, from further significant increases in the support services grant. The support grant that was increased for secondary schools from €131 per pupil in January last to €145 per pupil, will be increased by a further €14 per pupil to €159 per pupil in January next. These grants are in addition to the per capita funding of up to €40,000 per school that is provided by the Department of Education and Science to secondary schools towards secretarial and caretaking services.

A secondary school with 500 pupils now receives annual grants of up to €270,000 towards general expenses and support services as against annual grants of up to €237,000 in 2002. These significant increases in the funding of post-primary schools are a clear demonstration of my commitment to prioritise available resources to address the needs of schools.

School Staffing.

Ned O'Keeffe

Ceist:

221 Mr. N. O’Keeffe asked the Minister for Education and Science her views on whether all post-primary schools should have a laboratory technician on their staff; if her attention has been drawn to the fact that Ireland is the only country in the world that does not have laboratory technicians on the staff of post primary schools; and if necessary arrangements will be put in place to approve such an appointment to each post-primary school (details supplied). [37452/05]

The availability of laboratory technicians has not been a universal feature of support for science teaching in second level schools and in some countries that provide this type of resource it is confined to certain types of school. I am aware that the provision of technical assistants was one of some 39 recommendations in the report of the task force on the physical sciences. The task force costed its proposals at a total of some €244 million, of which €66.3 million would be a recurring annual cost. The proposal for the provision of technical assistants would account for close to 30% of this recurring annual cost.

I am keenly aware of the importance of science in a modern school curriculum and the Department of Education and Science has been very active in implementing initiatives to develop and support the teaching of the science subjects. Progress has been made on implementing 25 of the task force recommendations and the Department of Education and Science continues to progress the recommendations as resources permit in collaboration and consultation with the Department of Enterprise, Trade and Employment, Forfás and industry. The main initiatives implemented by the Department of Education and Science in the development of the sciences include the introduction of a new science curriculum at primary level supported by a resource grant in December 2004 of €1,000 per school plus €10 per pupil. A revised syllabus in junior certificate science was introduced in 2003 and will be examined for the first time next June. Revised syllabi in leaving certificate physics, chemistry and biology have also been introduced and examined within the last five years. Work on the revision of the two remaining leaving certificate subjects, agricultural science and physics and chemistry, combined, is well advanced.

The introduction of each of the revised syllabi has been supported by a comprehensive in-service programme for teachers. Additional equipment grants have been provided to schools, and laboratories continue to be refurbished as part of the ongoing schools building programme. In that context, €16 million was issued to schools in 2004 to support the implementation of the revised junior certificate science syllabus.

Pension Provisions.

Richard Bruton

Ceist:

222 Mr. Bruton asked the Minister for Education and Science if a gratuity payment will be introduced for persons who have served long years as caretakers in schools and for whom there is no formal pension provision. [37466/05]

Schools caretakers are employed directly by school management authorities or vocational education committees. Caretakers in vocational schools are employed and paid by the appropriate VEC. Those employed on a wholetime basis have been pensionable for many years. Those employed on a part-time basis for 18 hours per week or more have the option of joining the pension scheme, under transitional arrangements introduced in 1996.

Caretakers employed on a wholetime basis in community and comprehensive schools have also been pensionable for many years. No provision has been made, as yet, for the admission to pensionability of part-time caretakers in community and comprehensive schools. In the case of voluntary secondary schools and in the case of the majority of primary schools, each school receives a grant from the Department of Education and Science for the provision of caretaking and other ancillary services. It is a matter for the school to determine how best to meet its caretaking requirements. No public service pension scheme exists for caretakers employed in such schools.

Under a limited scheme introduced in 1979, wholetime caretakers employed by 196 primary schools are paid salary by the Department of Education and Science. Following discussions with staff representatives, arrangements for the introduction of a pension scheme for such caretakers are currently being put in place. The question of pension cover for school staff, whether wholetime or part-time, who are not covered by an occupational pension scheme, is among the issues that fall to be considered in the context of the implementation of the Protection of Employees (Fixed-term Work) Act 2003 and the Protection of Employees (Part-time Work) Act 2001. Consultations with the education partners are ongoing regarding the implementation of these Acts. The question of whether a gratuity payment would be appropriate will be considered in the case of staff who, following the consultative process, remain excluded from pensionability.

Richard Bruton

Ceist:

223 Mr. Bruton asked the Minister for Education and Science the personal retirement savings account options which was established for persons who have been working in the education sector who do not have any present pension arrangements. [37467/05]

Arising from the provisions of the Pensions (Amendment) Act 2002, employers are obliged to facilitate access to personal retirement savings accounts, PRSAs, for some categories of employees in certain circumstances. The obligation arises where the employer does not operate a pension scheme, limits eligibility for membership of a scheme or imposes a waiting period for membership greater than six months from the start of employment.

Employers are required to provide access for excluded employees to one or more PRSA providers. The employer is also obliged to make deductions from payroll at the excluded employee's request in respect of the standard PRSA administered by the provider with whom the employer has a contractual arrangement.

Only a minority of school employees who are paid salary through the Department's payroll are excluded from membership of the pension schemes administered by the Department. The Department has, in consultation with the relevant staff representative bodies, nominated PRSA providers for such excluded staff and, at the request of the staff concerned, will make PRSA deductions from salary and pay them to the nominated provider.

In the case of employees who are paid directly by school authorities or other educational institutions, the Department has advised these bodies of the obligations imposed on them in providing excluded staff with access to PRSAs. There is no obligation on an employer to make any contribution to a PRSA. Schools and other educational institutions have been advised of the position in this regard and have also been notified, in compliance with guidance issued by the Department of Finance to all Departments, that it is not envisaged that public service employers would make such a contribution.

School Discipline.

Catherine Murphy

Ceist:

224 Ms C. Murphy asked the Minister for Education and Science the number of appeals which have been lodged and finalised under section 29 of the Education Act 1998 in 2004 and to date in 2005; the locations from which these appeals originated from around the country; the number of these appeals related to children with special educational needs; and if she will make a statement on the matter. [37481/05]

The statistical information requested by the Deputy is contained in the attached document.

Year

Withdrawn

Upheld at Hearing

Not Upheld at Hearing

Local Resolution

Facilitator Resolution

Total

2005

33

55

82

50

29

249

2004

45

85

71

14

48

263

Distribution of Appeals under section 29 in 2004 and to date (30th November) 2005.

2004

2005

Cavan

6

3

Carlow

0

1

Clare

1

4

Cork

15

21

Donegal

4

3

Dublin

86

75

Galway

11

15

Kerry

9

11

Kildare

10

14

Kilkenny

11

5

Laois

1

4

Limerick

39

45

Longford

9

0

Louth

2

1

Mayo

7

1

Meath

10

2

Monaghan

1

1

Offaly

1

8

Sligo

3

2

Tipperary

10

1

Waterford

4

1

Westmeath

7

9

Wexford

14

19

Wicklow

2

3

263

249

Section 29 of the Education Act 1998 provides for an appeal to the Secretary General of the Department of Education and Science in respect of a decision taken by, or on behalf of, a board of management of a recognised school to permanently exclude a student from the school, suspend a student from the school for a period which would bring the cumulative period of suspension to 20 schools days in any one school year, or refuse to enrol a student in the school.

In 2004, there were 263 appeals dealt with under section 29 of the Education Act 1998. In the time available it is not possible to identify how many of these appeals in 2004 involved children with special educational needs. To date in 2005, 249 appeals have been dealt with. Since early 2005, where a section 29 appeal is received on behalf of a child with special educational needs, the National Council for Special Education is notified and a special educational needs organiser will contact both the parent and the school in advance of the appeal hearing. The organiser is responsible for deciding what supports the school would receive on enrolling the child. The organiser will draw up a report giving the educational background to the case, detailing the special educational need, if any, and identifying the resources which would be approved were the child to attend or be readmitted to the school. In such cases the report is considered by the section 29 appeals committee in reaching a determination. There have been 26 such appeals dealt with to date in 2005. It should be noted that appeals which progress to a hearing are determined by the appeals committee based on all of the information presented and available to the committee. The issue would rarely, if ever, be as simple as whether or not the child had a special educational need.

The Education Act 1998 requires all schools to have in place an admissions policy, detailing admission to and participation by students with disabilities or who have other special educational needs. The Act also requires schools to ensure, as regards that policy, the principles of equality and the right of parents to send their children to a school of the parents choice are respected.

The Department provides a range of supports to all schools to enable them to welcome students with special educational needs. However, this requires a willingness on the part of schools to be proactive in this area and also a willingness on the part of parents to actively assert their rights in terms of their choice of school and their right to appeal where a child is refused enrolment, expelled or suspended. The Education (Welfare) Act 2000 requires all schools to have in place a code of behaviour detailing the circumstances under which the penalties of suspension and expulsion may be incurred.

Departmental Correspondence.

Brian O'Shea

Ceist:

225 Mr. O’Shea asked the Minister for Education and Science if the authenticity of a letter issued by her Department (details supplied) will be confirmed; and if she will make a statement on the matter. [37492/05]

The file on the person named by the Deputy is in my Department's off-site archives. On its retrieval the Department of Education and Science will write directly to the Deputy on this matter.

School Transport.

Paul Kehoe

Ceist:

226 Mr. Kehoe asked the Minister for Education and Science if this Deputy can be supplied with a school bus catchment area map for County Wexford; and if she will make a statement on the matter. [37528/05]

Officials in the school planning section of the Department of Education and Science will supply the Deputy with the catchment area map as soon as possible.

Defence Forces Training.

Aengus Ó Snodaigh

Ceist:

227 Aengus Ó Snodaigh asked the Minister for Defence the contents of the international military observers and staff officers course delivered at the Defence Forces Training Centre, Curragh Camp, County Kildare. [37397/05]

Aengus Ó Snodaigh

Ceist:

228 Aengus Ó Snodaigh asked the Minister for Defence the contents of the international military police course delivered at the Defence Forces Training Centre, Curragh Camp, County Kildare. [37398/05]

Aengus Ó Snodaigh

Ceist:

229 Aengus Ó Snodaigh asked the Minister for Defence the contents of the international human rights course delivered at the Defence Forces Training Centre, Curragh Camp, County Kildare. [37399/05]

Aengus Ó Snodaigh

Ceist:

230 Aengus Ó Snodaigh asked the Minister for Defence the contents of the junior command and staff course delivered at the Defence Forces Training Centre, Curragh Camp, County Kildare. [37400/05]

Aengus Ó Snodaigh

Ceist:

231 Aengus Ó Snodaigh asked the Minister for Defence the contents of the command and staff course delivered at the Defence Forces Training Centre, Curragh Camp, County Kildare. [37401/05]

Aengus Ó Snodaigh

Ceist:

232 Aengus Ó Snodaigh asked the Minister for Defence the contents of the standard cadet course delivered at the Defence Forces Training Centre, Curragh Camp, County Kildare. [37402/05]

Aengus Ó Snodaigh

Ceist:

233 Aengus Ó Snodaigh asked the Minister for Defence the contents of the international mine awareness and special route clearance team course delivered at the Defence Forces Training Centre, Curragh Camp, County Kildare. [37403/05]

Aengus Ó Snodaigh

Ceist:

234 Aengus Ó Snodaigh asked the Minister for Defence the contents of the international engineer specialist search and clearance course delivered at the Defence Forces Training Centre, Curragh Camp, County Kildare. [37404/05]

Aengus Ó Snodaigh

Ceist:

235 Aengus Ó Snodaigh asked the Minister for Defence the contents of the explosive ordnance officers course delivered at the Defence Forces Training Centre, Curragh Camp, County Kildare. [37405/05]

Aengus Ó Snodaigh

Ceist:

236 Aengus Ó Snodaigh asked the Minister for Defence the contents of the explosive ordnance officers refresher course delivered at the Defence Forces Training Centre, Curragh Camp, County Kildare. [37406/05]

I propose to take Questions Nos. 227 to 236, inclusive, together.

The information requested by the Deputy is as follows: International military observers and staff officers course: Fundamentals of UN peacekeeping; UN mission administration; Operational duties and the military observer; Command and staff duties for UN missions; and Health, safety and survival.

International military police course: Fundamentals of peace operations; Military police operations; Communications and navigation; and Health, safety and survival.

International human rights course: Introduction to office of the UN high commissioner for human rights and to course background, objectives, programme and methodology; Human rights and military peacekeepers; Introduction to operational environment scenario and exercise; International human rights standards in peace operations; Protecting tasks; Maintenance of law and order functions by peacekeepers; Human rights field partners; Human rights monitoring and observation by military peacekeepers; Children's rights in peace operations; Protection of minorities; Protection of refugees in peace operations; Protection of internally displaced persons in peace operations; Human rights of women in peace operations; Trafficking in human beings; Conduct of military peacekeepers; and Evaluation.

Junior command and staff course: Command, control and communications; Manoeuvre; Fire support and air defence; Intelligence, surveillance and reconnaissance; Mobility, counter mobility and survivability; Combat service support; Peace support operations and crisis management; Leadership and management; Defence and academic studies; Simulation training; and Administration, recreation training and research time.

Command and staff course: Command and staff duties; Combat and combat support arms; Combat service support; Tactical operations in war; Crisis management operations; Defence studies; Operational planning; Command, leadership and operational studies; and Administration, physical training and research.

Standard cadet course: Drill and weapons training; Leadership, command and staff tactical training; Combat support, combat service support, air corps and naval service; Academic studies; Physical education and training; and School administration.

International mine awareness and special route clearance team course: Organisation of search equipment; Equipment display; Exercise route clearance; and Practical use of equipment.

International engineering specialist search and clearance course: Terrorism and counter measures; Search and clearance techniques; Search and clearance equipment; and Exercises.

Explosive ordnance officers course: Rifles, pistols and machine guns; Infantry support weapons; Ordnance general equipment; Artillery equipment; Ammunition and explosives; Explosive ordnance disposal; Optical and test equipment; Workshop practice and corps instructions; and Nuclear, biological and chemical awareness.

Explosive ordnance officers refresher course: Philosophy and render safe procedures; Explosive ordnance demolition, EOD, equipment; Chemical biological radiological nuclear EOD; and Assessment exercise.

Anti-Social Behaviour.

Breeda Moynihan-Cronin

Ceist:

237 Ms B. Moynihan-Cronin asked the Minister for the Environment, Heritage and Local Government the steps which are taken to deal with drug dealers who reside in housing estates; if there is a policy of displacement of drug dealers who reside in housing estates; if a policy of displacement will be considered to ensure that drug dealing in housing estates is outlawed; and if he will make a statement on the matter. [37333/05]

The Housing (Miscellaneous Provisions) Act 1997 provides for a range of measures to assist housing authorities in addressing problems arising on their estates from anti-social behaviour. Under the Act anti-social behaviour is defined to include the manufacture, production, preparation, importation, exportation, sale, supply, or distribution of a controlled drug. The Act enables a housing authority tenant or the housing authority, in certain circumstances, to apply to the District Court for an excluding order against a member of the household who is believed to be engaging in anti-social behaviour.

The Residential Tenancies Act 2004 extends the housing authority power to obtain excluding orders for anti-social behaviour to the occupants, other than the owner, of tenant purchased houses. It also gives the housing authority power to refuse to sell a house to a person it has reason to believe may engage in anti-social behaviour under the tenant purchase scheme, shared ownership scheme, affordable housing scheme and affordable houses deriving from Part V of the Planning and Development Act 2000.

In addition, housing authorities normally include provisions against anti-social behaviour in the tenancy agreement between landlord and tenants and may use powers under section 62 of the Housing Act 1966 to seek an eviction of a tenant where the terms of the tenancy agreement have been breached. Good practice guidelines issued by the housing unit in December 2003 contain detailed recommendations to assist housing authorities in implementing strategies for combating anti-social behaviour.

Offshore Islands.

Breeda Moynihan-Cronin

Ceist:

238 Ms B. Moynihan-Cronin asked the Minister for the Environment, Heritage and Local Government the amount of money expended by his Department to date in 2005 on the State purchase of the Great Blasket Island and associated works; the amount of money expended by his Department to date in 2005 on the buy-out of property holdings on the island; the amount of money expended by his Department to date in 2005 on the implementation of the management plan for the island; the amount of money set aside for the future implementation of the remaining recommendations of the management plan for the island; and if he will make a statement on the matter. [37336/05]

My Department is committed, from within its capital envelope, to provide €1.7 million in respect of the agreed purchase price for land interests on An Blascaod Mór. Other elements of the draft management plan for the island are to be brought forward under the responsibility of the Office of Public Works and the Department of Community, Rural and Gaeltacht Affairs within an overall allocation of €8.5 million. No expenditure in relation to An Blascaod Mór has arisen for my Department to date in 2005.

Hunting Licences.

Tony Gregory

Ceist:

239 Mr. Gregory asked the Minister for the Environment, Heritage and Local Government the number of deer killed during the 2004-05 Ward Union hunt; the causes of death; the circumstances in which they sustained fatal injuries; and if he will make a statement on the matter. [37369/05]

The report on the monitoring of the Ward Union hunt for the 2004-05 season compiled by Department of Agriculture and Food veterinary inspector indicated that two stags died during hunts. Both animals died following recapture: one from a ruptured pericardium and the other from a ruptured aortic aneurysm. Prior to issuing a licence for the 2005-06 season, officials of my Department met representatives of the Ward Union hunt and outlined their concerns that these fatalities occurred. The outcome was the inclusion of new conditions in the licence to improve recapture procedures and limiting recapture of the deer to when this can be done without danger to the deer.

Tony Gregory

Ceist:

240 Mr. Gregory asked the Minister for the Environment, Heritage and Local Government the reason a licence was granted to the Ward Union hunt due to the recommendation of the local regional manager of the National Parks and Wildlife Service that it may be highly illegal and should not be licensed; and if he will make a statement on the matter. [37374/05]

Ciarán Cuffe

Ceist:

247 Mr. Cuffe asked the Minister for the Environment, Heritage and Local Government if she will intervene to stop the Ward Union deer hunt on the grounds that it breaches the Protection of Animals Act. [37478/05]

I propose to take Questions Nos. 240 and 247 together.

I refer to the reply to Question No. 528 of 29 November 2005. Issues relating to animal welfare are the statutory responsibility of the Minister for Agriculture and Food under section 2 of the Protection of Animals (Amendment) Act 1965 and section 1 of the Protection of Animals kept for Farming Purposes Act 1984.

Water and Sewerage Schemes.

Cecilia Keaveney

Ceist:

241 Cecilia Keaveney asked the Minister for the Environment, Heritage and Local Government the delay on the progress of a scheme (details supplied) in County Donegal being put out for tender; when works are due to start; and if he will make a statement on the matter. [37377/05]

The Malin town sewerage scheme has been approved for funding in my Department's water services investment programme 2004-2006 under the rural towns and villages initiative. My Department approved the preliminary report for this scheme in June 2004, subject to a review of the proposed phasing of the scheme and of the water services pricing policy report which calculates the value of the contribution required from the non-domestic sector towards the capital cost of the scheme.

Revised phasing proposals received from the council in May were approved by my Department in July 2005. The revised water services pricing policy report subsequently submitted by the council is under consideration in the Department and is being dealt with as quickly as possible. The council will be in a position to prepare contract documents for the scheme once the water services pricing policy report has been approved.

Planning Issues.

Trevor Sargent

Ceist:

242 Mr. Sargent asked the Minister for the Environment, Heritage and Local Government if funding will be provided from his Department to list public rights of way for inclusion in county development plans in view of the lack of financial resources available to local authorities. [37383/05]

Under section 206 of the Planning and Development Act 2000, public rights of way may be created by agreement between a planning authority and any person having the necessary power to dedicate such a right over land. Section 207 of the Act provides that, if it appears to the planning authority that there is need for a public right of way over any land, the planning authority may, by resolution, make an order creating such a right of way.

These procedures for the creation of public rights of way are independent of the development plan process. However, where a planning authority proposes to include, for the first time, a provision in a development plan relating to the preservation of a specific public right of way, section 14 of the 2000 Act sets out the procedures to be followed in this regard. There are no proposals to provide specific funding to list public rights of way for inclusion in development plans.

Turbary Payments.

Denis Naughten

Ceist:

243 Mr. Naughten asked the Minister for the Environment, Heritage and Local Government when a person (details supplied) in County Roscommon will be issued with a top-up payment for bog purchased by his Department; and if he will make a statement on the matter. [37434/05]

In order to allow payment in this case a current tax clearance certificate has been requested from the person named.

Natural Heritage Areas.

Denis Naughten

Ceist:

244 Mr. Naughten asked the Minister for the Environment, Heritage and Local Government the number of appeals currently within the independent appeals board on the proposed designation of lands as special areas of conservation; the average length of time it takes to process an appeal; and if he will make a statement on the matter. [37435/05]

The Designated Areas Appeals Advisory Board currently has a total of 51 cases on hand. The average length of time taken by the board to finalise an appeal has been 74 weeks. This average includes cases where, for example, the appellant lived abroad and delays were encountered by the board in securing submission of documents and scheduling a mutually convenient date for a hearing. An analysis of the cases still before the board shows that the average time between the acknowledgement to the appellant of a new appeal and receipt of the appellant's supporting scientific report is 44 weeks, corresponding to almost 60% of the time taken to finalise appeals.

The board is taking steps with the assistance of my Department to increase the number of cases dealt with and to reduce the above processing periods.

Denis Naughten

Ceist:

245 Mr. Naughten asked the Minister for the Environment, Heritage and Local Government the acreage of land designated and proposed to be designated under special areas of conservation, special protection areas and national heritage areas; the acreage currently covered by REP scheme plans; and if he will make a statement on the matter. [37436/05]

Areas amounting to some 1,060,000 hectares have been proposed for designation as special areas of conservation under the terms of the habitats directive, comprising both terrestrial and marine elements. Some 220,000 hectares are designated as special protection areas under the birds directive and some 59,600 hectares as natural heritage areas under the Wildlife (Amendment) Act 2000. There is a degree of overlap in these areas designated or proposed for designation, since some sites or parts thereof are classified under two or more designations.

Information on the extent to which designated areas may be within lands covered by the rural environmental protection scheme, REPS, operated by the Department of Agriculture and Food is not available in my Department.

Traveller Accommodation.

Denis Naughten

Ceist:

246 Mr. Naughten asked the Minister for the Environment, Heritage and Local Government, further to Parliamentary Question No. 1,380 of 28 September 2005, the status of the application with his Department; and if he will make a statement on the matter. [37439/05]

I understand that, following discussions with my Department, Roscommon County Council is to reconsider design aspects of this proposal in conjunction with the families concerned. The application for funding will be further considered in the Department on receipt from the council of clarification on this issue as well as on the priority of this application vis-à-vis the remainder of its Traveller accommodation programme.

Question No. 247 answered with QuestionNo. 240.

Departmental Funding.

Michael Ring

Ceist:

248 Mr. Ring asked the Minister for the Environment, Heritage and Local Government the financial help available to persons on social welfare who wish to have radon gas testing carried out in their home; and if radon gas is found to be present in their home, if there is any funding available for the work that must be carried out on that home (details supplied). [37497/05]

As previously indicated, Government efforts and resources, together with those of the Radiological Protection Institute of Ireland, RPII, continue to focus on highlighting public awareness of radon and improving information to householders so as to enable and encourage them to address monitoring or remedial requirements effectively and economically.

The Government has over the years, largely through the RPII, committed significant resources to assessing the extent of the radon problem throughout the country and highlighting public awareness of radon and the health risks associated with prolonged exposure to high radon concentrations. The RPII has long encouraged householders, particularly those in high radon areas, to have their homes tested for radon and undertake radon remediation works where necessary.

Increasing the awareness of the public is considered to be a more effective approach than the provision of State financial assistance to householders for radon testing of their homes or for radon remediation works, either of which could require significant public expenditure. Such schemes of assistance are not operated by the majority of EU member states.

Local Authority Funding.

Catherine Murphy

Ceist:

249 Ms C. Murphy asked the Minister for the Environment, Heritage and Local Government when the consultants’ report following the review of the needs and resources model of funding local authorities will be published; and if he will make a statement on the matter. [37499/05]

An evaluation of the needs and resources model was completed by independent consultants in 2002, following which it was made available to local authorities via the Local Government Computer Services Board website. A copy of the report is available on request from my Department and I have arranged for a copy to be transmitted to the Deputy.

Local Authority Staff.

Catherine Murphy

Ceist:

250 Ms C. Murphy asked the Minister for the Environment, Heritage and Local Government if he is aware that although a new library has been constructed in Leixlip, it remains unopened due to staff shortages; if in view of this staffing problem he intends to relax the local authority staff embargo to allow for the employment of staff in order that this library can be opened; and if he will make a statement on the matter. [37500/05]

I refer to the reply to Parliamentary Question No. 312 of 27 October 2005 which outlines the current position regarding completion of the new library in Leixlip.

With regard to staffing, the cap on local authority staffing levels dates from a Government decision in December 2002 to cap public service numbers at the then existing levels and to reduce numbers by 5,000 across all sectors by the end of 2005. Numbers in the local authorities are to be reduced by 1,000 over the period. Local authorities were informed of the reduction required in the local government sector over the three-year period 2003 to 2005. My Department has informed Kildare County Council that the staff required for the new library in Leixlip may be recruited provided the council's overall authorised staffing level is not exceeded.

Water and Sewerage Schemes.

Jimmy Deenihan

Ceist:

251 Mr. Deenihan asked the Minister for the Environment, Heritage and Local Government the position regarding the extension to Castleisland sewerage scheme, County Kerry; and if he will make a statement on the matter. [37501/05]

The second stage of the Castleisland sewerage scheme is included in my Department's water services investment programme 2004-2006 as a scheme to commence construction next year at a cost of €5.5 million. Kerry County Council's preliminary report for the scheme, together with the associated water services pricing policy report, is under examination in my Department and is being dealt with as quickly as possible.

Jimmy Deenihan

Ceist:

252 Mr. Deenihan asked the Minister for the Environment, Heritage and Local Government the position regarding the provision of a sewerage scheme in Finuge village, County Kerry; and if he will make a statement on the matter. [37502/05]

The Kerry villages sewerage scheme, which includes Finuge, is included in my Department's water services investment programme 2004-2006 as a scheme to commence construction in 2006, at an estimated cost of €8.3 million. Kerry County Council's brief for the appointment of consultants to draw up a preliminary report for the scheme is under examination in my Department and is being dealt with as quickly as possible.

Barr
Roinn